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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 18, 2006. We have in attendance with us this evening: Safety Service Director Loudiana, Law Director Stergios, Treasurer Lambert, Auditor Hamit and newly sworn in Fire Chief Tom Burgasser 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. SAFETY SERVICE DIRECTOR LOUDIANA – I think all of you know Tom; he’s been on the fire department for quite awhile. He’s an excellent citizen of Massillon, helps out at the schools and helps out throughout the community. We’re very, very happy to have him as you know he scored extremely high in the test for fire chief. So I’d like for him to stand up and introduce him formally to city council. Tom? CHIEF BURGASSER – Tom Burgasser the new fire chief. I’ve been on the job now for six days I’m stilling to work out the office and everything. But please free to call me if you have any questions or anything. Thank you. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN I move to excuse Councilwoman Catazaro-Perry, seconded by Councilman Mang. Roll call vote of 8 yes to excuse Councilwoman Catazaro-Perry. 2. INVOCATION COUNCILWOMAN FERRERO gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN FERRERO Chairperson of the Health, Welfare and Building Regulations 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 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 181 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Ordinance No. 181 deals with the recently annexed Cottrill property. What we’re doing here is asking the preparing legislation to change the township lines showing the division now between Massillon and Tuscarawas Township. I think everybody’s aware of the Cottrill property I think you’re aware of the fact its 76 plus acres. I don’t really see not unless there’s questions regarding this movement of the line I’d like to proceed with this tonight. 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. 181 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 182 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Earlier this year the city had entered an agreement to an enterprise zone for a tax abatement with Integrity Crane Service. Where the company was agreed upon to construct a new 9,000 square foot facility. In the meantime, Kyle Wenger who is the owner has informed the city that he wishes to form a new company that would be the owner of the real estate that’s going to be associated with the project. That new name of that company that would owner of the property, real estate would be Wenger Acquisitions, LLC. For that reason we would have to amend the enterprise zone agreement to show Wenger LLC as part of the agreement. Nothing else on the agreement changes other than adding the name of Wenger Acquisitions, LLC. COUNCILMAN MANG 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. 182 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 183 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG We’re dealing with again the enterprise zone back in April the city agreed to enter into an enterprise zone with Kendel Welding and Fabrication. That was back in April 8th of 2003 where they were to construct a facility out on 1700 Nave Road. This project was to be completed in December 31st 2003 and that’s how the original agreement was written. Unfortunately, Kendel Welding ran into difficulties with their original contractor and quite a number of difficulties which ended up in loss of time, loss of getting the project started and it was only in sometime in late 2005 that they had been able to work out an arrangement with the new contractor and their asking us to extend the time from December 31st 2003 to December 31st, 2007. A letter was written to Aane Aaby explaining the difficulties that has occurred and for those reasons this is why we’re asking to amend the enterprise zone agreement. 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. 183 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 184 2006 BY: PARKS AND RECREATION COMMITTEE COUNCILMAN BRYAN first reading. ORDINANCE NO. 184 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 185 2006 BY: RULES, COURTS & COMMUNITY SERVICE COMMITTEE COUNCILMAN TOWNSEND We discussed Ordinance No. 185 last week in an executive session. Director Michael Loudiana briefed us on some of the changes to the contract, but at that time the employees had not voted on the contract but have since then. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 185 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 186 2006 BY: FINANCE COMMITTEE COUNCILMAN BRYAN Handling the finance committee ordinances for Mrs. Catazaro-Perry tonight. So I haven’t didn’t have the time to background these as much as I usually would. But in section 1, we have $77,775.00 that’s appropriated into the from the fire pension fund into the fire pension account. That’s money that we originally found and appropriated and transferred in the general fund and moved over to the fire pension fund so we could meet our obligation there. Section 2, we have an additional appropriation from the general fund for the school district revenue sharing account of $19,417.00 and in the salary police account for $9,500.00. These are items that we’ve been catching up on the salary in the police department and in the fire department here the whole last month or so trying to get the money together to make it through the year. On the revenue sharing later on we’ll have an ordinance that will move another $103,000.00 into this account. We had to pay not only our usual amount that we share revenue with the school district, but also we’re making second of the three payments on our amount that we settled and agreed to pay in the law suit. Then in section 3, we have $19,360.00 additional appropriation in the police pension account. In section 4, an additional appropriation in the parks and rec. fund for utilities for $13,000.00 and for utilities again in a different area for $3,500.00. Section 5, $5,350.00 appropriation from the economic development fund for services and contracts. 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. ORDINANCE NO. 186 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 187 2006 BY: FINANCE COMMITTEE COUNCILMAN BRYAN Last meeting I think it was we stopped putting money in the Capital Improvement Fund and shifted 100% going into the general fund for the last three months. The auditor’s office wants us to reduce the appropriation in the capital improvement fund for street resurfacing by $18,667.00. It’s not that we’re going to do any less street resurfacing that job’s already done. It’s just that they didn’t use the whole $800,000.00 appropriation and we need to reduce it to balance the books. 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. ORDINANCE NO. 187 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 188 2006 BY: FINANCE COMMITTEE COUNCILMAN BRYAN We have in Ordinance No. 188 we have about three pages of transfers; I’m not going to read them all. Basically, in the first part we have about 15 accounts including refunds in income tax and workers compensation and salary and income tax and a lot of other things. All put together it’s a $103,899.00 that we’re reducing those accounts because the auditor’s office has found that those dollars won’t be needed in those accounts. Then that $103,899.00 will be transferred to the revenue sharing school district account so we can pay the school district by the end of the year what we’ve agreed to pay them. In the next area, it’s still in section 1, we have $10,000.00 from city hall utilities going into street lighting and then in the next list we have about 20 accounts from’s and 20 accounts or 25 to’s and I’m not going to bother to read them all. The largest would be transferring $26,911.00 into fire hospital/eye/dental in the fire department and the smallest is probably $3.29 out of the civil service PERS account. Basically what goes on is the people who work in the auditor’s office just keep looking for any overage that they can put into an account that needs funds by the end of the year. 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. ORDINANCE NO. 188 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 189 2006 BY: FINANCE COMMITTEE COUNCILMAN BRYAN Can I ask Mr. Loudiana, the Safety Service Director Loudiana to come to the microphone? Mike did you and the members here discuss this last at the work session last or not? SAFETY SERVICE DIRECTOR LOUDIANA – Yes, we did not have the complete contract in our hands which you should have. (I don’t have a copy of it that’s okay. I don’t need to see the whole contract.) The increase was 1.23 % for all categories for the whole city. So we that was…. COUNCILMAN BRYAN When you balance everything out its 1.23. SAFETY SERVICE DIRECTOR LOUDIANA – 1.23 yeah, and that was basically the result of changing the payment on the prescription drugs where we increased that. So plus we have a pretty good rating, luckily most of our employees are healthy. COUNCILMAN BRYAN That’s good news. So I didn’t know if you all had gotten a chance to talk it last Monday, but I had called the safety service director a couple of weeks ago and we discussed it a little bit. That’s a very reasonable renewal increase for health insurance I think this is about the third year in a row that we’ve been real fortunate in that regards. 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. ORDINANCE NO. 189 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM ANTHONY V SIMCIC INC DBA STADIUM 2700 ERIE STREET S MASSILLON OHIO 44646 TO LAMOORE ENTERPRISES INC DBA STADIUM 2700 ERIE STREET S MASSILLON OHIO 44646 COUNCIL PRESIDENT GAMBER Mr. Townsend, that’s your ward do you have a copy of that? COUNCILMAN TOWNSEND Yes, I do Mr. President. 9. BILLS, ACCOUNTS AND CLAIMS 1. COPECO – $285.60. COUNCILMAN BRYAN I move that we pay the bill, seconded by Councilman Peters. Roll call vote of 8 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR NOVEMBER 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Next Monday of course is Christmas so we will meet on the 26th just a matter of note is there anyone now that knows they will not be here they’ll be out of town or for any other reason. We have one other than that everyone should be here. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER I see none, I do want to mention Mr. Bryan, there’s a budget meeting tomorrow night is that correct? COUNCILMAN BRYAN Mrs. Catazaro-Perry set it up so I don’t remember the… COUNCIL CLERK MARY BETH – Tomorrow night at 6:00pm. COUNCIL PRESIDENT GAMBER So anyone who can be here at 6:00pm and I assume the appropriate administration officials know about the change. COUNCIL CLERK MARY BETH – Yes. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 168 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, this ordinance has been talked about and gone over I would like to make a motion to bring this ordinance forward for a vote. COUNCILMAN MAIER moved for passage, seconded by Councilman Mang. ORDINANCE NO. 168 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 169 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, this ordinance is also been talked about in discussion. After discussing with Officer Meade and others I would like to table this ordinance for six months and bring it back for a reading the first meeting in March. What this is going to do is the police department is going to keep track of all the times and so forth. The one tow company that’s been a little bit lax is tending to bring two more wreckers into town and have a wrecker on call in town throughout the evening and the holidays and so forth. So what I’d like to do is make a motion to table this ordinance for 60 days. COUNCIL PRESIDENT GAMBER You had mentioned six months… COUNCILMAN MAIER I’m sorry, 60 days not six months. COUNCIL PRESIDENT GAMBER You want to go to the first meeting in March? COUNCILMAN MAIER First meeting in March. COUNCIL PRESIDENT GAMBER Why don’t we dispense with the number of days and just say till March 5th; if that’s alright. COUNCILMAN MAIER First meeting, yes, that’d be fine. COUNCILMAN MAIER moved to table Ordinance No. 169 – 2006 until March 5th meeting, seconded by Councilman McCune. COUNCILWOMAN FERRERO – I just, I don’t want to discuss I just want to be excused and abstain from voting. Do you have to vote on me abstaining? COUNCIL PRESIDENT GAMBER Alright, Mr. Law Director, this is a motion to table is it appropriate if she votes on the motion to table or should she abstain? (She just ought to stay out of it completely) Alright, Mr. Bryan, a motion please? COUNCILMAN BRYAN I move that we excuse Councilwoman Ferrero from voting on the motion, seconded by Councilman Manson. Roll call vote of 8 yes to excuse Councilwoman Ferrero from voting on the motion to table. COUNCILMAN BRYAN I just want to clarify that the reason for my motion was that there might appear to be a conflict of interest if she voted. COUNCIL PRESIDENT GAMBER We have discussed this with the law director; Mrs. Ferrero’s husband is representing one of the parties and the law director felt that she should abstain from discussion and from the vote. ORDINANCE NO. 168 – 2006 WAS TABLED UNTIL MARCH 5, 2007 6 YES, 1 NO. PETERS VOTED NO. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 173 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON Yes, as per our discussion at last week’s committee session. There was a meeting on December 8th on industrial meeting that included the Mayor, through the companies that would be impacted by this the EPA and we had several representatives there including Joe Ulrich, Mr. Dorman that is our consultant and we decided at the time that we would like to table this for six months. I just received a letter that starting right after the first of the year we’ll be exchanging data between the Wastewater Treatment Plant and the companies involved. And trying to get as much understanding of this issue as we possible can. So I will be making a motion to table for six months. So that would be the first meeting June I guess would be appropriate. COUNCIL PRESIDENT GAMBER Six months would be the first meeting in July 2nd. COUNCILMAN MANSON Yes, that’s what my recommendation will be. COUNCILMAN BRYAN I have a question about tabling it. Is it going to remain about the same, are we going to amend it? If we’re going to sort of start from scratch here and do over why don’t we just vote this down and then we can write a new piece of legislation. COUNCIL PRESIDENT GAMBER Tabling simply defers a decision. Mr. Manson can indicate what format it might come back to us. COUNCILMAN MANSON At this time, I can’t say that there will be any changes. We may proceed with it at that time. But what we’re doing is taking six months and we will be meeting and exchanging information and if we see anything that we think should be revised or changed then I’ll bring that recommendation back to council. COUNCIL PRESIDENT GAMBER Does that answer your question, Mr. Bryan? COUNCILMAN BRYAN Yeah, I mean I think I’d prefer to do it my way, but it’s his bill. So we’ll do it his way. COUNCIL PRESIDENT GAMBER When it does come back it will come back automatically and if there are changes it would be amended first and then voted on it would go back to first reading at that time. It can either be passed that night or given more readings. COUNCILMAN MANSON Truly what I believe is there’ll be many parts of this that probably will not change at all. Okay, so this is kind of a work in progress. So I can say anything that we feel and anything we see during these meetings and discussions that we feel needs to be changed from the original ordinance. Like I said we will make that recommendation I don’t think there’s any sense I’d like to keep it alive. First of all, this is not a dead issue it will be it is live we will be acting on it hopefully; some of it might be before that time. But that’s my recommendation. COUNCILMAN MANSON moved to table Ordinance No. 181 – 2006 until first meeting in July, 2007, seconded by Councilwoman Ferrero. ORDINANCE NO. 168 – 2006 WAS TABLED UNTIL FIRST MEETING IN JULY 2007 BY A ROLL CALL VOTE OF 8 YES. COUNCILMAN MANSON It was just pointed out that I misspoke I said Ordinance No. 181 – 2006, what I meant was Ordinance No. 173 – 2006. I’m sorry I was looking at the wrong sheet. Mr. McCune pointed that out. So I don’t know what we need to do to correct that. COUNCIL PRESIDENT GAMBER We’re fine, we’re fine. ORDINANCE NO. 174 2006 BY: PARKS AND RECREATION COMMITTEE COUNCILMAN BRYAN Second reading. ORDINANCE NO. 174 – 2006 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCIL PRESIDENT GAMBER I would like to make a comment to the council members that regarding the budget for next year. In talking with both the law director and the auditor the first payroll for next year is on Friday, January 12th and that’s the absolute date that the city budget has to be passed by. In the meantime, if there’s no budget passed no other bills can be paid, but by the 12th of January we will need to have something in place. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILWOMAN FERRERO I move that we adjourn, seconded by all.
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