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MINUTES OF THE REGULAR MEETING ACTING PRESIDENT MANG I d like to welcome all of you to Massillon City Council for Monday, July 21, 2008. We have in attendance with us this evening: Law Director Perry Stergios, Safety Service Director Mike Loudiana. 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: Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune. Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. ACTING PRESIDENT MANG – I’d like to remind the council members we have two people off. Mr. Maier? COUNCILMAN MAIER – Yeah, I was going to make a motion we excuse the…do we want to them each or…we should do it separately. ACTING PRESIDENT MANG – They’re both on vacation so. COUNCILMAN MAIER – I make a motion that we excuse Councilwoman Catazaro-Perry, seconded by Councilman Manson. Roll call vote of 7 yes, 1 no to excuse Councilwoman Catazaro-Perry. Peters voted no. COUNCILMAN MAIER – I’d also like to make a motion to excuse Council President Gamber, seconded by Councilman Manson. Roll call vote of 7 yes, 1 no to excuse Council President Gamber. Peters voted no. 2. INVOCATION COUNCILMAN MANSON – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON – Chairman of the Finance Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL ACTING PRESIDENT MANG 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. 101 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with Love Insurance Agency for boiler and machinery insurance and crime insurance coverage, and declaring an emergency. COUNCILMAN SLAGLE This is a contract for insurance that Kathy and I hope Mike discussed at the work session. I apologize I couldn’t make it due to business commitments. But it’s a policy for insurance that covers the boilers and machineries throughout the City of Massillon. Also for the purposes of insurance for any damage done through criminal activity. You’ll note that the policy renewal date is August 1st for the crime policy. So I think it’s pretty important that we pass it tonight. It’s my understanding that historically this has been placed out for bid in the past and it has not been placed out on bid this time because of the fact that the bids have been minimal to none. This is a reasonable bid from the previous bids COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 101 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 102 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Wastewater Treatment Capital Improvement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, 102 is about the Wastewater Treatment Plant’s camera that they use to go through and check out the sewers in town. The camera I don’t know what happened to it but it blew up or whatever. This is it $52,000.00 to replace the camera its supposed to be an upgrade they’re not even sure if the last camera was safe as far as some of the gases and stuff that they could run into in a sewer. But this one is guaranteed to. Unless there’s any questions we can’t answer here I intend to move this forward. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 102 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 103 2008 BY: FINANCE COMMITTEE Amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE, in the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANSON Yes, this we discussed at Monday’s work session. This pertains to the people on the Civil Service Commission for Massillon. There’s three members on there. I don’t have a copy of the letter here Mary Beth, somewhere I lost it or I don’t have the letter that came from Sharon Miller. Okay, thank you, I’ve got it now. It used to be that the chairman got $319.24 monthly and the two members received $237.39 monthly. In the interest of fairness Sharon Miller is the chairman is making the recommendation that they all receive equal monthly salary of $264.72. Now we are not increasing their pay the same amount the total amount is just distributed equally amongst all three people. Donnie? COUNCILMAN PETERS I guess maybe I read that wrong. Is that a month or a meeting or every time they meet? COUNCILMAN MANSON I don’t know if it’s every time they meet or not. Monthly, yeah, monthly. COUNCILMAN SLAGLE Yeah, I would have brought this up also at the work session. So I don’t mean to speak out of turn; but I wasn’t there. I think you have the right to know that I’ll be voting no on this just for philosophical reasons. The problem I see with these is that with the $250.00 two more people enter into the PERS system for full month credit. I don’t happen to agree with that whole system because it’s used too often by both political parties to get monthly credits and then build up the PERS in the last three years of employment. Then at that time take out far more out of the system then was ever contributed into the system. I just think that’s a bad policy I think its bad for the taxpayers of Ohio and the city taxpayers of Massillon. At some point the state legislature should change that whole policy. Because $250.00 a month to get a full month credit for retirement purposes in the PERS system I think is just an astronomically low. People don’t we know steel workers in this town who had their pensions taken from them. So I’m just philosophically opposed to it has nothing to do with the members on it. But it has a far greater impact possibly on down the road than just balancing out the incomes. COUNCILMAN PETERS Well, Mr. Slagle, for the first time in history I agree with you. I will be voting no also because I feel the same exact way. COUNCILMAN MANSON Yes, this is my committee so I guess I get the last word. I see no reason to hold this up whatsoever. There’s no cost to us and that $237.39 that we talked about in there that amounts to like 94% of the full credit. They do still fall under the PERS system you’re not saying that they don’t already fall under the system right? (Correct) So for the year they would get something like if it’s $234.00 they would get like I said about 93 – 94% credit. I think this is a very fair way to do this I also think probably that commission ought to consider just rotating the chairmanship then there would be no reason for those people to all receive the same amount. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 103 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 5 YES, 3 NO. MAIER, PETERS AND SLAGLE VOTED NO. COUNCILMAN MAIER Point of order, do we need a higher vote for passage when we go to first reading with emergency measure. ACTING PRESIDENT MANG We need two-thirds so we’ll actually be giving it first reading. LAW DIRECTOR STERGIOS – I think it doesn’t go into emergency effect because we suspended the rules. It must pass by a majority vote no matter when; no matter what reading you’re on to go into immediate effect you need six votes of the elected members. Which we do not have so we suspended the rules it’s not passed as an emergency so now it goes into effect in 30 days after it’s filed to give someone time to referendum it. I think is how the theory behind that 30 day thing. Does that sound right? ACTING PRESIDENT MANG That is right. LAW DIRECTOR STERGIOS – Okay. Or you can reconsider it next meeting too I guess its up to you guys. COUNCILMAN MANSON So it did pass then. ACTING PRESIDENT MANG It did pass the effective date will be 30 days when the Mayor signs it. RESOLUTION NO. 15 2008 BY: COMMITTEE OF THE WHOLE Urging the National Credit Union Administration, the Federal Reserve Board and the Office of Thrift Supervision to adopt the reforms proposed for the Federal Trade Commission Act, Truth in Savings Act, and Truth in Lending Act to protect consumers from unfair and abusive practices by the credit card industry. ACTING PRESIDENT MANG Members of council at the work session I explained to you that I had received this information from the Ohio Treasurer Mr. Cordray. I think all members were given a copy of the letter I think it’s a very good piece of legislation. Hopefully council look at it in a way that they understand the reasoning behind this. I think it’s just an excellent thing that I’m glad to see that we are working on at a state level. So that’s my comments. COUNCILMAN MANSON I totally support it. COUNCILMAN MCCUNE I do as well and I agree you it’s an excellent piece of legislation. ACTING PRESIDENT MANG Mr. McCune, would you want to make a motion to… COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 15 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $723.28 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilman Peters. Roll call of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JUNE 2008 COPY FILE ACTING PRESIDENT MANG Thank you, would you please file all of those in the proper accounts. 11. REPORTS OF COMMITTEES ACTING PRESIDENT MANG The next work session will be the 28th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 93 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from B-1 Local Business to RM-1 Multiple Family Residential. ACTING PRESIDENT MANG Okay, this is up for its second reading. We have a public hearing scheduled for August 4th at 7:10pm. RESOLUTION NO. 14 2008 BY: COMMITTEE OF THE WHOLE Adopting a summer schedule for City Council meetings during the months of July and August 2008 and temporarily suspending Rule 8 of the Rules of Council as contained in Codified Ordinance 121.02. ACTING PRESIDENT MANG I’m not quite certain what council wishes to do with this. I will leave that up individually I would recommend we bring it forward and defeat it so it’s no longer a piece of legislation. COUNCILMAN MAIER – I move that we withdraw it. COUNCILMAN PETERS – I’ll second it. ACTING PRESIDENT MANG I’m not sure what you mean by withdraw. COUNCILMAN MAIER – Withdraw the legislation and pull it from the agenda. ACTING PRESIDENT MANG We’ll have to get an opinion on it. COUNCILMAN MAIER – I think the only one that can withdraw it might be the maker of the legislation. LAW DIRECTOR STERGIOS – I think you’ve got to table it or vote it down. I don’t know if you can withdraw it. ACTING PRESIDENT MANG I didn’t think once it was introduced it could be withdrawn. COUNCILMAN MANSON Probably vote it down or table it indefinitely or whatever. Make your motion, Ron. ACTING PRESIDENT MANG My recommendation is to…Mr. Manson, would you make a motion please? COUNCILMAN MANSON 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. 14 – 2008 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA DAVE MCCLAIN – My address is 330 Independence Street SE in Massillon. I was here at the last council meeting talking about allowing golf carts on the roads. That is like I said last time something that is allowable and you can get plates for them if the individual jurisdiction agrees to it. You’ve already seen several different types of vehicles around recently. It’s a way of saving money. Right now I know speed is the problem but you have bicycles, you have mopeds they’re also low speed vehicles. Mopeds you can be as young as 14, bicycles I don’t even know what the minimum age is to ride a bicycle on the street. But when you look at population that would be using any of these individual vehicles the golf carts would be an older population and more mature for the most part at least. So I think they would actually be safer than mopeds, bicycles, the Amish buggies, well, that’s a preference of theirs which is allowed. So we have those on the streets if you would get into a wreck with a bicycle or a moped that would actually be probably worse than in a golf cart. You can take a moped, you could drive that to a store but it would be more dangerous to carry items from the store home on a moped than you could on a golf cart. I’m asking that this be moved forward and be allowed within the City of Massillon. Questions? ACTING PRESIDENT MANG Thank you, sir. DAVE MCCLAIN – Thank you. COUNCILMAN SLAGLE – This is not the appropriate time, but I start a trial on Monday in Medina County. So it’s a strong possibility I won’t get back in time for the work session depending on what time court ends. 18. ADJOURNMENT COUNCILMAN MANSON – I move that we adjourn, seconded by all.
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