MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JUNE 1, 2015 

COUNCIL PRESIDENT TOWNSEND – Welcome to the Massillon City Council Meeting for Monday, June 1, 2015.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Service Director, Joel Smith, Auditor, Jayne Ferrero, Chief Deputy Director, Debbie Bonk, and from the Law Director’s Office, Mr. Bob Cyperski, Engineer, Keith Dylewski and Tax Administrator, Ken Koher.  On the wall to your left are agendas for anyone who wishes to follow tonight’s meeting.  Also if you look at the agenda, under item #5 is where the public can speak on any item that appears on tonight’s agenda and then under item #17 is where the public can speak on any item that does NOT appear on tonight’s agenda.  I want remind anyone with cell phones, please turn them down or set them to vibrate. 

  1.       ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Michelle Del Rio-Keller, Nancy Halter, Ed Lewis, Paul Manson, Andrea Scassa and Megan Starrett and Shaddrick Stinson.

Roll call of 9 present

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk. 

  2.       INVOCATION

COUNCILMAN SHADDRICK STINSON - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILMAN SHADDRICK STINSON – Chairperson of the Health, Welfare & Building Regulations Committee led those in attendance in the Pledge of Allegiance.

  4.       READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND – Madam Clerk, are the minutes of the previous meeting transcribed and open for public viewing?

COUNCIL CLERK ROLLAND – Yes, they are.

COUNCIL PRESIDENT TOWNSEND – Are there any additions or corrections to be made?

COUNCIL CLERK ROLLAND – No, there are not.

COUNCIL PRESIDENT TOWNSEND – Thank you, then the minutes stand approved as written. 

  5.       REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

COUNCIL PRESIDENT TOWNSEND – We have arrived at #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.  Give your name and address for the record and the topic you want to discuss.  In addition, please print your name and address on the Sign-In Sheet on the table before you so that your name and address appears correct on our records.

  6.       INTRODUCTION OF ORDINANCES AND RESOLUTIONS

            ORDINANCE NO. 64 – 2015                     BY:  ENVIRONMENTAL COMMITTEE             

AN ORDINANCE authorizing the Director of Public Safety and Service of the City of Massillon, Ohio, to enter into an agreement with AECOM, for the year ending December 31, 2015, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett. 

COUNCILWOMAN STARRETT – Thank you, Mr. President.  This ordinance does deal with some of the repairs that need to be done on the Sippo Creek Dam Project.  The AECOM will be joining us at the next Work Session on June 8, 2015, to answer some questions that Council members have.  So, at this time, I would just ask that we give this first reading.

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilwoman Starrett.  Ordinance No. 64 has received first reading.  Ordinance No. 65.

ORDINANCE NO. 65 – 2015               BY:  RULES, COURTS & CIVIL SERVICE

AN ORDINANCE adopting a “Cash Disbursement Procedure Policy” that shall be in effect in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – Thank you, Mr. President.  First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 65 has received first reading.  Ordinance No. 66.

ORDINANCE NO. 66 – 2015               BY:  RULES, COURTS & CIVIL SERVICE  

AN ORDINANCE adopting a “Purchasing Policy” that shall be in effect in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – Thank you, again.  First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 66 has received first reading.  Ordinance No. 67.

ORDINANCE NO. 67 – 2015               BY:  RULES, COURTS & CIVIL SERVICE  
         
AN ORDINANCE adopting a “Deposit Policy” that shall be in effect in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 67 has received first reading.  Ordinance No. 68.

ORDINANCE NO. 68 – 2015               BY:  RULES, COURTS & CIVIL SERVICE  

AN ORDINANCE repealing Ordinance 134 – 2008 and adopting a revised “Capital Asset Policy Manual” as recommended by the State of Ohio Auditor’s Office, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 68 has received first reading.  Ordinance No. 69.
ORDINANCE NO. 69 – 2015               BY:  RULES, COURTS & CIVIL SERVICE  

AN ORDINANCE repealing Ordinance No. 224 – 1996 to reflect a change in the existing “Investment and Depository Policy”, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Scassa.

COUNCILWOMAN SCASSA – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 69 has received first reading.  Ordinance No. 70.

ORDINANCE NO. 70 – 2015               BY:  STREETS, HIGHWAYS & TRAFFIC COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to change the speed limit within the corporation limits of the City of Massillon on Hankins Street, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 70 has received first reading.  Ordinance No. 71.

ORDINANCE NO. 71 – 2015               BY:  STREETS, HIGHWAYS & TRAFFIC COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Millennium Boulevard Extension Project in the City of Massillon, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  First reading.

COUNCIL PRESIDENT TOWNSEND – Okay.  Ordinance No. 71 has received first reading.  Ordinance No. 72.

ORDINANCE NO. 72 – 2015               BY:  STREETS, HIGHWAYS & TRAFFIC COMMITTEE

AN ORDINANCE accepting the dedication of road right of way areas and the sanitary sewer easement areas for the property located at 27th St. S.E., and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – First reading.

COUNCIL PRESIDENT TOWNSEND – Okay.  Ordinance No. 72 has received first reading.  Ordinance No. 73.

ORDINANCE NO. 73 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 2105 Stormwater Utility Fund and the 1401 EMS Capital Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, Mr. President.  The first section of this ordinance seems, if I’m correct, is the Sippo Creek Improvement Project.  It has to deal specifically with what was already given first reading in the Environmental Section.  However, Section 2 has to do with the EMS ambulance purchase and that has to be somewhat expedited so they can make that purchase.  So, I would like to make a motion to separate the question so that we can give first reading to Section 1 and make a motion to vote on Section 2.

COUNCIL PRESIDENT TOWNSEND – Okay.  I need a second to divide the question.  Seconded by Councilwoman Scassa.  Did you make your motion?

COUNCILMAN LEWIS – Yeah, I make a motion that we separate the question from Section 1 and Section 2.  My second is from Scassa?

COUNCIL PRESIDENT TOWNSEND – Scassa, yes.  Okay.

COUNCILMAN LEWIS – Do we have to vote on this?

COUNCILWOMAN STARRETT – Yes.

COUNCIL PRESIDENT TOWNSEND – You have to call roll call.

COUNCIL CLERK ROLLAND – This is to divide the ordinance No. 73?

COUNCIL PRESIDENT TOWNSEND – The questions, yes.  Roll call to divide the question.

COUNCIL CLERK ROLLAND – Okay. 

9 yes to divide the question

COUNCILMAN LEWIS – In regards to Section 1 of Ordinance No. 73 – 2015, I believe I can just give that first reading?

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – First reading.

COUNCILMAN LEWIS – In regards to Section 2 of Ordinance No. 73 – 2015, I want to make a motion that we suspend the rules requiring three (3) readings and bring this forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Scassa.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  (Section 2 of) Ordinance No. 73 has passed.  Ordinance No. 74.

ORDINANCE NO. 74 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to submit an application for assistance to the Muskingum Watershed Conservancy District for the Sippo Creek Reservoir Dam Improvement Project, and declaring an emergency.
COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – If I remember correctly from the conversations that we had at our last Committee meetings, I stated that I would keep this also in line with the Environmental Committee’s consideration of the dam project.  I’d want to verify with the City Engineer real quick with one question if that’s alright?

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

KEITH DYLEWSKI – Mr. President, members of Council, Mr. Lewis.

COUNCILMAN LEWIS – Since this is an application for what would essentially be a repayment or refund for the money we’d be investing for the project, do you need this to occur now or can it continue on this path to stay in line with the current Environmental piece?

KEITH DYLEWSKI – Yeah, its fine to wait.

COUNCILMAN LEWIS – Alright.  That’s all I wanted to verify with you.  That’s it.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 74 has received first reading.  Ordinance No. 75.

ORDINANCE NO. 75 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to submit applications for funding to the Ohio Public Works Commission for the funding year of 2016, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 75 has received first reading.  Ordinance No. 76.

ORDINANCE NO. 76 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE establishing a fund entitled “Freshmark Infrastructure Fund 1424”, and creating line items within said fund, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this is creating a fund so that once we start to collect the TIF dollars for the FreshMark infrastructure project, we actually have a fund to put this money into.  Is there any discussion?  May I call the Auditor?

COUNCIL PRESIDENT TOWNSEND – Sure.

JAYNE FERRERO – Mr. President, members of Council, Mr. Lewis.

COUNCILMAN LEWIS – Yes, was my description accurate of what this fund was?

JAYNE FERRERO – Absolutely.

COUNCILMAN LEWIS – Thank you.  Seeing that there is no discussion, I would make a motion that we suspend the rules requiring three (3) readings bringing Ordinance No. 76 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Del Rio-Keller.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 76 has passed.  Ordinance No. 77.

ORDINANCE NO, 77 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – RECREATION DEPARTMENT of Ordinance No. 26 - 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance makes reference to Ordinance No. 26 – 2015 that was passed previously this year.  Inadvertently, that ordinance had eliminated the page which is known as, I believe Exhibit A?

COUNCIL CLERK ROLLAND – Exhibit B.

COUNCILMAN LEWIS – Known as Exhibit B.  That page does need to be in our job classifications in order for us to be able to conduct business and pay our employees.  This ordinance would correct that error and put it back into place, that’s my understanding.  Can the Auditor verify that is also accurate?  Is that okay?

COUNCIL PRESIDENT TOWNSEND – The Auditor did nod and say that was a correct description of what this ordinance is.  With that being said, is there any discussion?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings for Ordinance No. 77 – 2015 and bring it forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 77 has passed.  Ord. No. 78.

ORDINANCE NO. 78 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE authorizing the Director of Public Safety and Service of the City of Massillon, Ohio, to accept a grant from the Ohio Development Services Agency for the Millennium Boulevard Extension Project, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Ord. No. 78 has received first reading.

   7.    UNFINISHED BUSINESS

   8.    PETITIONS & GENERAL COMMUNICATIONS

   9.    BILLS, ACCOUNTS & CLAIMS

          COUNCIL CLERK ROLLAND – There was a bill that was published on the first agenda
and it was discovered later on that it was a bill for the Safety Service Dept. in the amount of $622.20.  So that should be deleted from the agenda.

COUNCIL PRESIDENT TOWNSEND – Okay, great.  That bill does not belong City Council.  Thank you.

 10.    REPORTS FROM CITY OFFICIALS

11.    REPORTS OF COMMITTEES

 12.    RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – City Council’s next Work Session is Monday, June 8, 2015 at 6:00 p.m.  Also I would like to notify Council that I will not be at the June 15, 2015 Council meeting.  I have to be in D.C. for a week on business.

 13.    CALL OF CALENDAR

 14.    THIRD READING OF ORDINANCES & RESOLUTION

 15.    SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 56 – 2015     BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE
         
AN ORDINANCE AMENDING TITLE ONE, STREETS AND SIDEWALK AREAS, OF PART NINE-STREETS UTILITIES AND PUBLIC SERVICES CODE OF THE CODIFIED ORDINANCES OF THE CITY OF MASSILLON BY THE ADDITION OF CHAPTER 904, ROADSIDE MEMORIAL PROGRAM.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – I have a question.

COUNCIL PRESIDENT TOWNSEND – Okay.

COUNCILWOMAN HALTER – I have marked on my copy that I gave it second reading at the last meeting.  Is that correct?  So this would be the third reading. 

COUNCIL CLERK ROLLAND – Third reading?

COUNCILWOMAN HALTER - It’s listed under second.  This is the third reading?

COUNCIL PRESIDENT TOWNSEND – This is the third reading.

COUNCILWOMAN HALTER – So, I will bring this forward for a vote tonight.  I make a motion that we vote on this tonight.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Starrett.  Roll call for passage.

COUNCILMAN MANSON – We are voting on the ordinance, right?  I have a question and I didn’t get to ask it.

COUNCIL PRESIDENT TOWNSEND – Go right ahead, you can ask it.

COUNCILMAN MANSON – Pardon?

COUNCIL PRESIDENT TOWNSEND – I’ll allow you to ask the question.

COUNCILMAN MANSON – I know we went through this, but I just wanted to again ask, who’s going to enforce it?  Is it going to be the Safety Service Director or is it going to be the Building Dept.?

COUNCIL PRESIDENT TOWNSEND – It’ll be the Safety Service Director or his or her designee.

COUNCILMAN MANSON – Okay.  I was going to ask them if they had any comment they wanted to make or…okay.  Yes.  How about yes?

COUNCIL PRESIDENT TOWNSEND – Yes.  That’s a yes from Councilman Manson.

COUNCIL CLERK ROLLAND – Okay

Continued with roll call for passage.

8 yes; 1 no – Halter

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 56 has passed.

16.     NEW & MISCELLANEOUS BUSINESS

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

18.     ADJOURNMENT

COUNCILMAN STINSTON – I motion we adjourn.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Starrett.  This meeting is adjourned.

 

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DIANE ROLLAND, CLERK OF COUNCIL      TONY TOWNSEND, PRESIDENT

 

 

 

_________________________
DIANE ROLLAND, CLERK OF COUNCIL

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TONY M. TOWNSEND, PRESIDENT

 

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