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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, August 18, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Engineer Keith Dylewski and from the law director’s office we have Bob Zadell. 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, Dave Hersher, Chuck Maier, Paul Manson, Dave McCune. Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN MANSON – I’d like to make a motion to excuse Councilman Mang, seconded by Councilman McCune. COUNCIL PRESIDENT GAMBER He did call our Clerk earlier today. We need a roll call vote to excuse Mr. Mang. Councilman Mang was excused by a roll call vote of 7 yes, 1 no. Peters voted no. 2. INVOCATION COUNCILMAN PETERS – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN PETERS – Chairman of the Streets and Highways 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 DOUG WAIKEM – 4027 Dunoon 44718. We are requesting to rename Cleveland Road up by the Republic Steel world headquarters that was purchased recently by Rod Napier. We want to name that One Healthcare Way for marketing reasons and to make it easier for customer service. We are staffing Monday and opening for business September 2nd. So we’re sorry if council was not aware of that if anyone has driven by I’m sure they’d seen the changes. Anybody’s walked in the signage is up. It’s going to be a process a slow process we don’t know how fast it’s going to go. It’s like the Massillon – McKinley game we can’t tell you who’s going to win next year. But the game plan is to staff the building we’re going to start with the first floor and most of the renovations are completed staff the first floor which will be about 25 – 30 people within 10 days. COUNCIL PRESIDENT GAMBER Thank you, Mr. Waikem. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 107 2008 BY: ENVIRONMENTAL COMMITTEE Repealing Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION”, and declaring an emergency. COUNCILMAN HERSHER First reading. ORDINANCE NO. 107 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 108 2008 BY: RULES, COURST & CIVIL SERVICE COMMITTEE Amending CHAPTER 905 “STREETS, UTILITIES AND PUBLIC SERVICES CODE” of the Codified Ordinances of the City of Massillon, by repealing existing Section 905.01 “CONSTRUCTION AND MAINTENANCE” and replacing it with a new Section 905.01 “OWNER’S RESPONSIBILITY FOR SIDEWALKS”, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY This ordinance we’re just clarifying and making it without a shadow of a doubt clear that the homeowner is responsible for the sidewalk repair. If it’s damaged in anyway they are responsible not the city. So they’ve been after us for several years to make sure that this is clear and the law director has had time and has written it up. So without a shadow of a doubt we know that the homeowner is responsible for the repair and maintenance of the sidewalks. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 7 yes, 1 no. Peters voted no. COUNCIL PRESIDENT GAMBER We do not have enough votes to suspend the rules, we’ll give it first reading. ORDINANCE NO. 108 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 109 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to designate a portion of Cleveland Street SW to Healthcare Way SW, and declaring an emergency. COUNCILMAN PETERS Mr. Waikem, I don’t see this being a problem. Councilman Mang had a little bit of an issue with it and in respect of him I’m going to give it first reading. Just because I know he wants to discuss this. I hope that won’t hold you up you know or you tell me. DOUG WAIKEM - The problem is… COUNCIL PRESIDENT GAMBER Mr. Peters, Mr. Peters, I’m sorry we can’t involve with discuss like this. COUNCILMAN PETERS Okay, then. I was just asking I was just being nice to him. Okay, then I’m not Mr. Mang’s not here so I can’t help that so we’re going to go ahead. This is to rename a portion of Cleveland Avenue in front of this business to Healthcare Way. We’ve already discuss it a work session there were two people who had any objections were Mr. Mang and myself. My questions were answered so I’m going to put it forward for a vote tonight. COUNCIL PRESIDENT GAMBER I’m just saying if you’d like to invite him forward to the microphone we can do that. COUNCILMAN PETERS No, I already said my peace. I’ll just stick with that. COUNCIL PRESIDENT GAMBER Alright, Mr. Maier? COUNCILMAN MAIER Yes, I was going to suggest Mr. Peters we bring it ahead because this could mess up their mailing and everything else. COUNCILMAN PETERS We discussed that at the work session that same thing. I mean that was what was brought up some people had some issues with some other things. I mean we already discussed that. COUNCILMAN MAIER And due to the fact that they’re ready to go ahead with business I think we ought to bring it forward. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 109 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER Going back to Ordinance No. 108. I believe the chair was in error the vote was 7 to 1 to suspend the rules. We do require 7 therefore the motion to suspend did pass and we’re now going to back to Ordinance No. 108. I’ll ask for a roll call vote on suspending the rules. Mrs. Catazaro-Perry is that alright with you? COUNCILWOMAN CATAZARO-PERRY We had a vote of you’re going to go back to suspending the rules? Question? COUNCIL PRESIDENT GAMBER You had a motion? COUNCILWOMAN CATAZARO-PERRY Yes. COUNCIL PRESIDENT GAMBER It was 7 to 1 to suspend. COUNCILWOMAN CATAZARO-PERRY Correct. COUNCIL PRESIDENT GAMBER The chair was in error we do only need 7 to suspend so therefore that motion did pass. COUNCILWOMAN CATAZARO-PERRY Okay, so we’re on the vote to now; wonderful. COUNCIL PRESIDENT GAMBER Now we’re forward for the vote. So if everyone follows that we’re back on Ordinance No. 108 regarding the sidewalks. The rules have been suspended the Clerk will now commence a roll call vote for passage of Ordinance No. 108. ORDINANCE NO. 108 -2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER Thank you. The ordinance has passed we appreciate Mr. Zadell paying attention. It’s a good thing he was here this evening. Thank you very much. ORDINANCE NO. 110 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1482 OPWC Projects, Fund, 1409 Municipal Road Fund, Solid Waste Fund, 1201 Street Fund, 1208 Muni Motor Vehicle License Plate Fund, 1401 Capital Improvement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Okay, bare with me here this is a little confusing. I’m going to try to break this down by projects and I’ll be jumping around. But under section 1, there’s two parts to this. Section 1 and part of section 5 the first part section 5 the $30,000.00. Hereby appropriated from the unappropriated balance of 1482 Ohio Public Works Commission Project Funds for the year ending December 31, 2008. $191,190.20 to the Keuper Storm Sewer Project. Okay, the second part of this and that excuse me for a minute that was an OPWC grant for that. Second part of this is the $30,000.00 that is number one in section 5 $30,000.00 transferred to the Keuper Blvd Storm Sewer Project account 12063425. Now on that project there’s $191,000.00 in grant $30,000.00 from the Municipal Motor Vehicle License Plate Fund and there’s $17,799.00 in kind engineering that we did on this for a total of $238,000.00. If anybody has any questions we have the engineer here and we have the auditor here. We can talk about it if you need to. Now we’ll go down to section 2, section 2 is going to be part of section 2, 4, part of section 5 the second part where it says $26,000.00 to the Lincoln Way Project and section 8. Alright, the first part of it in section 2 there will be hereby is appropriated from the unappropriated balance of the 1409 Municipal Road Fund and will transfer a $158,000.00 to the Lincoln Way Project. That’s account number 1409.435. Then we’ll go to section 4, section 4 we have oh wait a minute sorry here. Section 2 okay we took care of section 2. Section 4 we’re going to transfer from 1201 Street Fund to account 1201.435 Lincoln Way Project $64,349.00 and then we’re going to go to section 5 the second part of section 5 we’ll transfer from the 1206 Muni Motor Road Fund to the 1206.435 Lincoln Way Project $26,004.00. Then we will go to section 8 1401 Capital Improvement Fund we are going to transfer $5,991.00 that was liquidated from Po’s from 2007. That gives us a grand total for the project $254,346.47. Any questions there we can bring the engineer and the auditor up I’m sure you’re clearly confused. I’m trying to keep it as simple as I can. But I’m confused. Alright, then we’ll go down to section 3 and this is please appropriate $65,500.00 from the unappropriated balance of the Solid Waste Fund to the following: $15,000.00 will go to salaries, $18,000.00 will go to overtime, $4,500.00 will go to PERS and $28,000.00 will go to gas and oil. According to the auditor’s office this department is on budget and this should take them through the end of the year. Any questions on that? Alright, next one we’re going to go down to is number 6; please appropriate from the unappropriated balance from the Indigent Drivers Alcohol Fund number 1225 the amount of $2,500.00 for services and contracts line item 1225.125 of said fund for the counselor for Quest Massillon office for indigent defendants. Next one is section 7 please appropriate $14,000.00 from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund for design of the new bar screen unit for the Wastewater Treatment Plant. The city is contracting with Hammontree Associates Limited for the design services and bar screen replacement located at the head works of the Wastewater Treatment Plant. The project is being submitted to the OPWC for funding. That’s it. Yes, Kathy? COUNCILWOMAN CATAZARO-PERRY Could you ask the engineer to come up please? COUNCILMAN MANSON Sure, Mr. Dylewski? COUNCILWOMAN CATAZARO-PERRY Mr. Dylewski could you explain to council as well as the residents of Massillon what the Lincoln Way Project entails and then also the 1409 Muni Motor Road Fund and I asked this at the work session does that have dollars in there. Just in case any residents would come and say “you know there’s no money how are you doing this project. Could you explain how we’re paying for this? ENGINEER DYLEWSKI – The Lincoln Way Project will be a resurfacing project that runs from 3rd Street to Tommy Henrich. So the typical resurfacing project it will be you know mill out 2” of asphalt, 2” back, some curb ramps, manhole adjustments, stuff like that. We got a grant through the Stark County Commissioners for $158,000.00 which is reimbursed once we spend those dollars. COUNCILWOMAN CATAZARO-PERRY So that will go back into the account once we receive the grant. ENGINEER DYLEWSKI – That’s correct, once we spend $158,000.00 we can request a disbursement of funds through them. COUNCILWOMAN CATAZARO-PERRY Okay, thank you. ENGINEER DYLEWSKI – Sure. COUNCIL PRESIDENT GAMBER Any other questions for Mr. Dylewski? Thank you, Mr. Dylewski. Are there any other questions about any of the other items in the ordinance? Mr. Manson, your motion please? 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. 110 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 16 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Proclaiming the month of September 2008 as National Alcohol and Drug Addiction Recovery Month. COUNCILMAN SLAGLE May I have a point of order. I believe an inner lineation and a line out should occur in the actual ordinance itself. At the last paragraph “whereas to help achieve this goal” I believe an “and” should be put in between the administration and the White House Office of National Drug Control Policy. Then the rest of that just be deleted taken out until “invite all residents”. Mainly because there’s numerous organizations in the area that deal with drug addiction and alcohol addiction. COUNCIL PRESIDENT GAMBER Alright, does everyone see where we’re talking in the last whereas we’re putting the word “and” between administration, the White House. We’re deleting “a name of a treatment organization in your state or region”. Is that right? COUNCILMAN SLAGLE That’s correct. COUNCIL PRESIDENT GAMBER Alright, we will just consider that a typo. Is there anything you would like to say about the resolution? COUNCILMAN SLAGLE I think its fairly straight forward and we discussed it at our work session that the month of September has been designated by the Secretary of Health and Human Services as National Alcohol and Drug Addiction Recovery Month. This year’s theme is Join the Voices Real People Real Recovery. As the resolution states almost 10% of our population has some sort of a drug addiction or alcohol problem and less than 2% actually get treatment. All we’re doing in this resolution is giving support to the nationwide program for the residents they can go to the website that the government has set up of www.recoverymonth.gov. That’s www.recoverymonth.gov there’s a lot of information about the problems this nation faces in this regards. We all know that we have Quest, AAA, there’s numerous places that people can seek help. Because it is September I would request that we waive the requirement for the three separate readings on this particular resolution and bring it forth for passage this evening. 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. RESOLUTION NO. 16 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 17 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing all actions necessary to effect a governmental natural gas aggregation program with opt-in provisions pursuant to Article 18.04, Ohio Constitution and authorizing and directing the Director of Public Service and Safety to enter into an agreement wit Independent Energy Consultants, Inc. for consulting services and any other required services related to natural gas aggregation. COUNCILMAN MCCUNE Yes, as you know its that time of year again. If you’ve been reading the paper or listening to the news on TV you know we’re going to be facing some absorbent rate increases for gas this winter. I want to commend the administration for being proactive in getting this to us in August rather than waiting. Because of the effect that these increases will have not only on families in general but on specifically those that are on a fixed incomes. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 17 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM CHRISTOPHER ALAN ENTERPRISES, INC 14 LINCOLN WAY W 1ST FL MASSILLON OHIO 44646 EDWIN DAVILA TO FREEISLES LLC DBA THE SAND PIT 28 PENN AVE SE MASSILLON OHIO 44646 COUNCIL PRESIDENT GAMBER Mr. Townsend, that will be in your ward, do you have a copy of that? (Yes). Alright. 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $1016.14 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JULY 2008 COPY FILE COUNCIL PRESIDENT GAMBER Alright the first five items we will send to file. We will need a motion to accept the appointment of Tim Muzi to the Rec. Board taking the place of Ben Bradley. Mr. Peters? COUNCILMAN PETERS Yes, I’ll make that motion, seconded by Councilman Manson. The appointment of Timothy Muzi was accepted by a roll call vote of 8 yes. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Next Monday the 25th will be a work session starting at 5:30pm. I’ll remind everyone that because of Labor Day council will meet on Tuesday, September 2nd. Are there any other reports from committees. Mr. Hersher? COUNCILMAN HERSHER We discussed at the last work session legislation of authorizing the safety service director to sign the loan documents for the additional work for the upgrade to the Wastewater Treatment Plant. We couldn’t put it on tonight because there were some numbers that needed corrected and auditor hadn’t signed it. At this point we do have corrected numbers the auditor has signed the ordinance so we’ll get that will come out to everybody tomorrow so everybody can look at it. I’d like to ask the Clerk in addition to getting that out to everybody to send notice and schedule a special meeting at 5:25 on the 25th before our committee session. So that we can discuss that and hopefully pass it because there is a deadline to getting that paperwork signed. So if there are questions its something we already authorized taking out the loan. It’s just a matter of authorizing the signing the paperwork. If there’s questions through the week we’ll certainly get them answered. But that’s how I would like to proceed with this. COUNCIL PRESIDENT GAMBER Mr. Hersher, strictly a technicality but have the other members of your committee agreed to the special meeting? COUNCILMAN HERSHER Well, I guess that would be a technicality we’d have to talk about. Yeah, I hadn’t had a chance to talk about it with Mr. Slagle I apologize for that. COUNCIL PRESIDENT GAMBER If you would please email those approvals to the Clerk; 5:25 on the 25th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 104 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with the Board of stark County Commissioners, upon approval of the Board of Control, for the purchase of salt for ice control on the city streets, and declaring an emergency. COUNCILMAN PETERS We discussed this at our work session three weeks ago. All the questions were answered. There was one that wasn’t and that has since been answered. We want to get moving on this so we have our salt for the winter. COUNCILMAN SLAGLE 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. 104 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN PETERS – I move that we adjourn, seconded by all.
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