MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JUNE 15, 2015 

ACTING COUNCIL PRESIDENT MANSON – Welcome to the Massillon City Council Meeting for Monday, June 15, 2015.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Service Director, Joel Smith, Chief Deputy Director, Debbie Bonk, Law Director, Perry Stergios, Engineer, Keith Dylewski, Community Development Director, Larry Marcus and Income Tax/Budget Director, 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, Ed Lewis, Paul Manson, Andrea Scassa and Shaddrick Stinson.

Roll call of 7 present

ACTING COUNCIL PRESIDENT MANSON – We need a motion to excuse Councilwoman Halter and Councilwoman Starrett.  Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I make a motion that we excuse Nancy Halter and Megan Starrett.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Councilwoman Del Rio-Keller.  Roll call to excuse Councilwomen Halter and Starrett.

7 yes to excuse absentees

  2.       INVOCATION

COUNCILMAN MILAN CHOVAN - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILMAN MILAN CHOVAN – Chairperson of the Police & Fire Committee led those in attendance in the Pledge of Allegiance.

  4.       READING OF THE JOURNAL

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

COUNCIL CLERK ROLLAND – Yes, they are.

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

COUNCIL CLERK ROLLAND – No, there are not.

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

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

ACTING COUNCIL PRESIDENT MANSON – 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.

ROBIN WARSTLER – I live at 650 Kaymont Ave. S.E.  I’m here, I have a petition or part it; seller of a piece of land that’s contingent on the zoning change from industrial to multi-family and I’m in favor of it.  I think it’s a good idea for the neighborhood and I live in the adjoining property, so I feel comfortable about the facility that’s going to be there.  Thank you.

ACTING COUNCIL PRESIDENT MANSON – Is there anybody else that would like to speak on an ordinance that’s on tonight’s agenda?  Mr. Warstler, I was discussing this with Mr. Stergios and with this being a zoning change, part of the process is a public hearing with Council.

ROBIN WARSTLER – Right.

ACTING COUNCIL PRESIDENT MANSON – So, we will look at having one at the next Council meeting; prior to the next Council meeting and then we can act any time after that.

ROBIN WARSTLER – That’s fine.

ACTING COUNCIL PRESIDENT MANSON – Okay.

  6.       INTRODUCTION OF ORDINANCES AND RESOLUTIONS

            ORDINANCE NO. 79 – 2015                     BY:  COMMUNITY DEVELOPMENT COMMITTEE               
AN ORDINANCE amending Section 1151.02 of the Massillon Code of 1985 rezoning the north portion of a certain tract of land from I-1 Light Industrial to RM-1 Multiple Family Residential and the south portion of a certain tract of land from I-1 Light Industrial to A-1 Agriculture.

ACTING COUNCIL PRESIDENT MANSON – Thank you.  That Community Development is my committee.  That’s what I just referred to, Mr. Warstler.  We’re going to give that first reading and then we will set up a hearing, if we need it.  We still have a little disagreement between Mr. Marcus and whether or not, and the Law Director, whether or not we have to.  But, we will set it up for the next Committee meeting or next Council meeting.  I’m sure if we’ll do it Committee meeting or before the Council meeting?

PERRY STERGIOS – It would be July 6, 2015.

ACTING COUNCIL PRESIDENT MANSON – That’s when we’d act on it anyhow.

PERRY STERGIOS – Right.

ACTING COUNCIL PRESIDENT MANSON – That would be second reading that night.

PERRY STERGIOS – Right.  You can set the public hearing then.

ACTING COUNCIL PRESIDENT MANSON – I’d have to look into that and see how we’ve done it in the past.  If we had it on the night of our Committee meeting or the night of the regular Council meeting and then after that, we can take whatever action we wish.  So, first reading on Ord. No. 79.  Ord. No. 80.

ORDINANCE NO. 80 – 2015               BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor to enter into an agreement with the Board of Stark County Commissioners and the City of Alliance, Ohio, to form a consortium for the purpose of becoming a participating jurisdiction in the Federal HOME Investment Partnership Program and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Thank you, Clerk.  This is something we do every year.  We had discussion on this at our last Committee meeting.  We partner with Alliance and the County because of the population restrictions.  So, if there aren’t any questions, I intend to move this forward tonight.  Are there any questions that anybody has or problems with this that you would prefer not to vote on it?  We’ve been doing it year after year.  Seeing none, I make a motion that we waive the rule requiring three (3) separate readings and bring Ord. No. 80 – 2015 forward for passage.  Seconded by Mr. Chovan.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – And for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 80 has passed.  Ord. No. 81 – 2015

ORDINANCE NO. 81 – 2015               ENVIRONMENTAL COMMITTEE

AN ORDINANCE authorizing the Safety Service Director of the City of Massillon, Ohio, to enter into the Recycling Program Grant Agreement with the Stark-Tuscarawas-Wayne Joint Solid Waste Management District, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Sarita?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. Manson.  This is a program that we have been involved with for several years and I’d like…are there any questions about this particular ordinance?  Yes, Mr. Lewis?

COUNCILMAN LEWIS – In discussing this at the Work Session, it did seem to be a great program, but the grant is slightly different than what we’ve used in the past, so, I guess I would want to know first, is there a time restriction or a time sensitivity to this particular of legislation?  If there is not a time sensitivity, I would prefer first reading to be given to give us time to review the grant and everything more thoroughly.

ACTING COUNCIL PRESIDENT MANSON – I’ll ask Ken about that.  Please come up to the microphone.

KEN KOHER – Good evening.  Thank you for the question.  There is, it is time sensitive.  We need to get that done, the sooner the better because they’re willing to go retroactive back to the first quarter of the year.  Once we pass July 1, 2015, I’m not sure that will be possible.  So, the total grant could equal up to $36,000 a year.

ACTING COUNCIL PRESIDENT MANSON – Yes.

COUNCILMAN LEWIS – So, we could get, potentially, $36,000 a year and the cost to the City is zero?

KEN KOHER – Correct.

COUNCILMAN LEWIS – And the lining has to be used, again, for what purposes?

KEN KOHER – It has to be for recycling eligible purposes that’s spelled out in the Agreement there.

COUNCILMAN LEWIS – So, bins, programming, any salaries able to be covered in this?

KEN KOHER – Probably not salaries.  It could be equipment to track that and promotional materials and things the City can use to promote recycling within the City.

ACTING COUNCIL PRESIDENT MANSON – Does anybody else have any questions of Mr. Koher?  Milan?

COUNCILMAN CHOVAN – Thank you.  Is this for recyclables outside of what Kimble collects or this includes what Kimble in the total tonnage?

KEN KOHER – This includes what Kimble collects and then what we have at the Rec Center bins.

COUNCILMAN CHOVAN – Thank you.

ACTING COUNCIL PRESIDENT MANSON – Anybody else?  Nobody else?  Sarita, it’s your call.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – After the discussion, I make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 81 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by _______________.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – And for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 81 has passed.  Ord. No. 82 – 2015, Parks & Rec Committee.

ORDINANCE NO. 82 – 2015               BY:  PARKS AND RECREATION COMMITTEE

AN ORDINANCE approving the proposed rate adjustments for at The Legends of Massillon Golf Course beginning the year 2015, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Mrs. Del Rio-Keller?

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. Manson.  Ord. No. 82 was discussed at the Work Session by Mr. Lewis.  This pertains to making some minor adjustments to the rates at the golf course.  Particularly taking Friday and instead of including it as a weekend; including it as a weekday.  Same as a holiday that would fall Monday through Friday, making it a normal weekday instead of a holiday rate.  Pending the fact that we would like to increase rounds of golf at the golf course, unless there are no questions, I would like to make a motion to suspend the rules requiring three (3) readings and bring Ord. No. 82 for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Mr. Stinson.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – And for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 82 has passed.  Ord. No. 83.

ORDINANCE NO. 83 – 2015               BY:  PUBLIC UTILITIES

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a one or two year contract with an energy service provider to be           determined by the competitive bidding process, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Yes, Mr. Chovan?

COUNCILMAN CHOVAN – My questions is the City, if we pass this Ordinance, the City would endorse IGS as the supplier, but is this an opt-in program or does this mean that our residents are automatically enrolled?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Can I bring Mr. Koher up?

ACTING COUNCIL PRESIDENT MANSON – Sure, Mr. Koher.

KEN KOHER – Good evening, again.  This is an opt-in program.  The other program we have with the electric is an opt-out because that was ordered on by the electric.

COUNCILMAN CHOVAN – Okay, thank you.

ACTING COUNCIL PRESIDENT MANSON – Are there any other questions?  Seeing no other questions, Mrs. Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM – HEDDERLY – Seeing no other questions, I’d like to make a motion that we suspend the rules requiring three (3) readings and bring Ord. No. 83 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – I will second that.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – And for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 83 has passed.  Ord. No. 84 – 2015.

ORDINANCE NO. 84 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 3112 Donation Fund (formerly Massillon Mural Fund, for the year ending December 31, 2015, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Yes, Mr. Lewis.

COUNCILMAN LEWIS – Yes, I will be speaking to Ord. No. 84 and Ord. No. 85 to save time, I suppose.  What you in these two (2) are both dealing with what was formerly known as the Mural Fund.  There was $555.08 that has been sitting in there, I believe, for about thirteen (13) years.  We do not currently have any active mural program within the City of Massillon.  So, it was recommended by the Auditor’s office to go ahead and simply, essentially cash out this fund.  We have checked with the State Auditor due to our fiscal emergency status and they do not see an issue with that either.  So, what you’re seeing at No. 84 is simply us appropriating out of the Donation Fund and what you’re seeing at No. 85 is us transferring it into the General Fund to be used for whatever expenses the City has throughout the fiscal year.  Are there any questions?  Ms. Debbie Bonk, did I represent that information accurately?

DEBBIE BONK – Yes, that is absolutely correct.

COUNCILMAN LEWIS – Thank you.  Seeing no questions, I would make a motion that we suspend the rules requiring three (3) readings bringing Ord. No. 84 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Ms. Del Rio-Keller.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 84 – 2015 has passed.  Ord. No. 85.

ORD. NO. 85 – 2015                 BY:  FINANCE COMMITTEE

AN ORDINANCE making certain transfers in the 2015 appropriations of the 3112 Donation Fund (formerly Massillon Mural Fund), and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis?

COUNCILMAN LEWIS – I make a motion that we suspend the rules requiring three (3) readings and bring Ord. No. 85 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Ms. Scassa.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 85 – 2015 has passed.

   7.    UNFINISHED BUSINESS

   8.    PETITIONS & GENERAL COMMUNICATIONS

   9.    BILLS, ACCOUNTS & CLAIMS

          A.      The Repository - $904.40 – Publication of April Ordinances
          B.      Norlson Inc. - $277.68 – Maintenance Agreements on Transcription Machines
          C.      Keller’s Office Furniture - $42.39 – Office Supplies

          ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis?

          COUNCILMAN LEWIS – I make a motion that we pay the bills.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Mrs. Cunningham-Hedderly.  Roll call to pay the bills.

7 yes to pay the bills

 10.    REPORTS FROM CITY OFFICIALS

          A.      Mayor’s Report – April 2015
          B.      Treasurer’s Report – May 2015

11.    REPORTS OF COMMITTEES

         COUNCILWOMAN CUNNINGHAM-HEDDERLY – I’m not sure this is the right part to do this, but I wanted to have Mr. Smith report back to his Street Dept.  I would like to give a “shout out” to the Street Dept.  On Friday evening as I was going home from work, after that storm, I kept questioning how many trees and bushes am I going to see coming down in the neighborhood which will all those big trees in the neighborhood, there’s always some.  And I’d have to say that the Street Dept. was up.  It was a full tree that was down in the middle of Providence N.E. and the City was “Johnny on the spot” and they took care of that.  So, if you pass it on to the Street Dept., I thank them very much.

         JOEL SMITH – Thank you.

         ACTING COUNCIL PRESIDENT MANSON – Thank you.  Anybody else?  Yes, Michelle?

         COUNCILWOMAN DEL RIO-KELLER – Thank you.  I just want to let you all know that this Thursday, the 18th of June is the Park and Rec Board meeting.  That’s the date it was rescheduled for.  It’s at 6:00 p.m. and I have not received an agenda yet, so I’m assuming that should be e-mailed probably tomorrow, the agenda and the packet for the meeting.  That’s all I have.

         ACTING COUNCIL PRESIDENT MANSON – Anybody else?  Seeing no one else, we’ll move on.

 12.    RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

          ACTING COUNCIL PRESIDENT MANSON – Pardon me?

          COUNCIL CLERK ROLLAND – No meeting the week of June 22nd.

ACTING COUNCIL PRESIDENT MANSON – The Clerk wants me to remind you that there’s no Council meeting the 22nd.  That’s what you were talking about, right?

          COUNCIL CLERK ROLLAND – Correct.  The next Work Session will be on the 29th.

ACTING COUNCIL PRESIDENT MANSON – Right.  The next Work Session will be on the 29th, so that everybody is aware of that.  We will be off the 22nd and will meet the 29th.

 13.    CALL OF CALENDAR

 14.    THIRD READING OF ORDINANCES & RESOLUTION

 15.    SECOND READING 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.

          ACTING COUNCIL PRESIDENT MANSON – Mrs. Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – We discussed this last week at Work Session and I would like to give it second reading.

ACTING COUNCIL PRESIDENT MANSON – Second reading on Ord. No. 64 – 2015.  Ord. No. 65 – 2015.  Rules and Courts.  We have five (5) in a row.

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.

ACTING COUNCIL PRESIDENT MANSON – Ms. Scassa.

COUNCILWOMAN SCASSA – Thank you, second reading.

ACTING COUNCIL PRESIDENT MANSON – Second reading for Ord. No. 65 – 2015.  Ord. No. 66 – 2015.  Rules and Courts.

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.

ACTING COUNCIL PRESIDENT MANSON – Mrs. Scassa.

COUNCILWOMAN SCASSA – Second reading.

ACTING COUNCIL PRESIDENT MANSON – Second reading for Ord. No. 66.  Ord. No. 67 – 2015.  Rules and Courts.

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.

ACTING COUNCIL PRESIDENT MANSON – Second reading for Ord. No. 67.  Ord. No. 68 – 2015.  Rules and Courts.

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.

ACTING COUNCIL PRESIDENT MANSON – Mrs. Scassa

COUNCILWOMAN SCASSA – Second reading.

ACTING COUNCIL PRESIDENT MANSON – Second reading for Ord. No. 68.  Ord. No. 69 – 2015.  Rules and Courts and Civil Service.

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.

ACTING COUNCIL PRESIDENT MANSON – Mrs. Halter asked me to stand in for her on Streets and Highways and we’re going to give Ord. No. 70 second reading.

COUNCIL CLERK ROLLAND – We’re on Ord. No. 69.

ACTING COUNCIL PRESIDENT MANSON – Oh, I’m sorry.  I jumped on ahead.  Ord. No. 69.  Rules and Courts, I’m sorry.  You better read it first.  Did you read it?

COUNCIL CLERK ROLLAND – Yes.

ACTING COUNCIL PRESIDENT MANSON – Okay.  Ord. No. 69, second reading.  Moving on, Ord. No. 70 – 2015.  Streets and Highways.

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

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.

ACTING COUNCIL PRESIDENT MANSON – We’ll have more discussion on this at our next Committee Meeting.  Second reading.  Ord. No. 71 – 2015.

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

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.

ACTING COUNCIL PRESIDENT MANSON – Thank you.  Is there anybody that would like to have some discussion on No. 71 right now?  I’m really not sure whether we should move this forward or have another week of discussion before we bring this forward.  So, is there anybody that…it’s open right now for some discussion?  Yes, Mr. Chovan?

COUNCILMAN CHOVAN – Personally, I’d rather we give it second reading now and maybe address it at our next Committee Meeting because I still have some questions.

ACTING COUNCIL PRESIDENT MANSON – Is there anything, time-wise that we really have a problem with this, Mr. Dylewski?  I know you want to move it, I know that.  There’s no deadlines or anything is there, that we have to be concerned about?

KEITH DYLEWSKI – There’s no deadline.  It’s just that the bidding process takes time.

ACTING COUNCIL PRESIDENT MANSON – Yes, Mr. Lewis?

COUNCILMAN LEWIS – Can we have the City Engineer come forward please?

ACTING COUNCIL PRESIDENT MANSON – Sure.  Mr. Dylewski please come up to the podium here.  Mr. Lewis, you have a question?

KEITH DYLEWSKI – Mr. Lewis.

COUNCILMAN LEWIS – My question for you is, is the idea that we still want to get the Millennium Boulevard Extension done this paving season?

KEITH DYLEWSKI – That’s correct because of the E-tank is re-locating on the North side of the property and the road’s needed for access there to their facility.

COUNCILMAN LEWIS – So, I guess, would your concern be if we wait, then you’re looking at the middle of August before you have the bidding process done and then we’re kind of getting late in the year or…?

KEITH DYLEWSKI – Yeah, once the bidding process is done and then open bids and then the money needs appropriated.  As you recall tonight, you also have, it’s grant money which is paying for the project and the reason we’re asking to go out to bid is because the grant money has to flow through us versus going right directly to the developer.

COUNCILMAN LEWIS – I guess, let’s speak to that.  The grant money, we’ll be using grant dollars or other funds that aren’t typically General Fund or Capital Improvement dollars to pay for this project, correct?

KEITH DYLEWSKI – Correct.  Right.  You passed the grant accepted by ODOT already, then the other grant from the State is before you for second reading tonight.  Those two combined along with the private funds from the developer would pay for the project.

COUNCILMAN LEWIS – So no City share?  This is all grants from State and Federal dollars?

KEITH DYLEWSKI – Right.  Nothing was proposed to come out of any of our funds, at this time.

COUNCILMAN LEWIS – Okay.

ACTING COUNCIL PRESIDENT MANSON – Anybody else?  Having heard that, I’m going to try to move this thing tonight.  Thank you, Keith.  I’m going to make a motion that we waive the rules requiring three (3) separate readings and bring Ord. No. 71 – 2015 forward for passage.  Seconded by Mr. Lewis.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 71 – 2015 has passed.  Ord. No. 72. – 2015.  Streets and Highways.

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

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.

ACTING COUNCIL PRESIDENT MANSON – I’m going to ask the City Engineer to come up please.  Anybody has any questions?  I have one myself.  Is there any deadline on this?  Is there anything that we need to really expedite it?

KEITH DYLEWSKI – Well, I think the only thing would be for the homeowner who wants to put the sewer in.  He wants to build the house on the west side of 27th St.  He’s funding the project.  Went through the Planning Commission already and this is just the final step, so, I guess if there was another meeting that would kind of just make him wait a few more weeks.

ACTING COUNCIL PRESIDENT MANSON – Okay.  Does anybody else have any questions?  Having heard that, I intend to try to waive the rules.  Thank you, Keith.  I make a motion that we waive the rule requiring three (3) separate readings and bring Ord. No. 72 – 2015 forward for passage.  Seconded by Councilman Chovan.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Now roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 72 – 2015 has passed.  Ord. No. 73.  Finance.

COUNCIL CLERK ROLLAND – And this is on Section 1, only.

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.
ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis.

COUNCILMAN LEWIS – Some of you may recall that at the last Council meeting we had this ordinance before us and we divided the question.  We divided the question so that we could appropriate the funds for the EMS Capital Improvement so they could buy the new ambulance.  But we held back passing the first part of the ordinance.  If I could call the City Engineer forward please.

ACTING COUNCIL PRESIDENT MANSON – Mr. Dylewski please come up.

KEITH DYLEWSKI – Mr. Lewis.

COUNCILMAN LEWIS – Yes, could you please give Council a refresher of the appropriations for Stormwater Utility and what they would be used for.

KEITH DYLEWSKI – The 27th St. Project was for to install a storm sewer at 27th S.E. where, historically, there’s been a lot of water issues on the road way.

COUNCILMAN LEWIS – So, essentially, what I was getting to was this is actually mirroring what we just passed in the last ordinance.  It’s the finance side of it, is that correct?

KEITH DYLEWSKI – No.  This is farther north.  This is, if you recall maybe a month or so ago, we had a resident discuss that project we had in the works at the time they spoke even.  So, this is just the appropriation to do the project.

COUNCILMAN LEWIS – Are there any questions?  We’re on the same page?  Seeing that, thank you, I make a motion that we suspend the rules requiring three (3) readings bringing Ord. No. 73 – 2015, Section 1, forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Mrs. Scassa.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 73 – 2015 has passed.  Ord. No. 74 – 2015.

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.

ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis.

COUNCILMAN LEWIS – This is the financing side of what we passed in the Environmental section of legislation to be able to do the project on the dam and at Reservoir Park.  Are there any questions?  Seeing none, I make a motion that we suspend the rule requiring three (3) readings, bringing Ord. No. 74 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Ms. Del Rio-Keller.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 75 – 2015 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.

ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis.

COUNCILMAN LEWIS – We can move forward on this ordinance, however, we did skip Ord. No. 75.  We just voted on No. 74.

ACTING COUNCIL PRESIDENT MANSON – I’m sorry. 

COUNCILMAN LEWIS – But since it’s already been into the record, I have no problem moving forward with it.

ACTING COUNCIL PRESIDENT MANSON – I don’t want to change the order here.  Let’s go back and do No. 75.  Ord. No. 75 – 2015.

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.

ACTING COUNCIL PRESIDENT MANSON – Mr. Lewis.

COUNCILMAN LEWIS – This is the second piece to coincide with Ord. No. 74.  We are asking or we are authorizing the Mayor to go to another source to receive more funding for the dam project and Sippo Park and the Reservoir Park.  Are there any questions?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings bringing Ord. No. 75 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Mrs. Scassa.  Roll call for suspension.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 75 has passed.  Now, Mr. Lewis, Ord. No. 78.  Let’s read it again, Diane, please.

COUNCIL CLERK ROLLAND – Sure.

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.
ACTING COUNCIL PRESIDENT MANSON – Okay, Mr. Lewis.

COUNCILMAN LEWIS – This ordinance is paired with Ord. No. 71.  This is the finance side of the Millennium Boulevard Extension Project.  Are there any questions or discussion?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 78 – 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Ms. Del Rio-Keller.  Roll call for suspension.

7 yes for suspension

ACTING COUNCIL PRESIDENT MANSON – Roll call for passage.

7 yes for passage

ACTING COUNCIL PRESIDENT MANSON – Ord. No. 78 has passed.

16.     NEW & MISCELLANEOUS BUSINESS

ACTING COUNCIL PRESIDENT MANSON – I just want to thank everybody for helping me through the meeting tonight with all the seconds and everything.

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

ANN BLEAU – I live at 2050 Cyprus Dr. S.E., Massillon.  First I wanted to say that recycling ordinance, I sure hope you bring that to The Legends because there are tons, I mean, piles of aluminum cans that get thrown in the trash all the time, and that’s really a crime, so that’s something you might think about.  Also, I want to thank the Mayor, City Council and the Street Dept.  Our streets have been patched, swept; they look great.  I mean, we’re very appreciative of that.  They were in bad shape, so, they look really good.  Thank you very much.  But the main reason that I’m here is I just wanted to take a few minutes to introduce you to an organization called FLOG.  It’s Friends of Legends Organized Golf and I just wanted to bring you guys up on what we’ve been doing.  Since about the end of May, we have individuals who are called “hole ambassadors”.  They go out and they fill divots out on the fairways, ball markers on the greens.  They clean up flower beds, they plant flowers, they put down mulch.  We have people from Augusta Lakes, the Legends, various areas in Massillon, Perry Twp., Navarre, Canton; who come out and they work on the course just trying to improve play and improve conditions and work with the staff there with things they need.  We have picked up trash, weeded, blah, blah; all that stuff.  All of this is to help improve the conditions, but I wanted to say that we have logged eighty-eight (88) volunteer hours and over a thousand dollars ($1,000) of supplies and equipment has been donated there.  So, we’re pretty proud of that.  People are excited.  More people are asking about it and coming out.  We’re going to have another meeting here, hopefully, soon, with Carrie, Greg and anyone else to see what else their needs are and we just are looking forward to continued success in that area.  So, thank you.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Excuse me?

ANN BLEAU – Yes ma’am.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I didn’t hear the letters and what the letters stood for.

ANN BLEAU – Oh, I’m sorry.  Friends of Legends Organized Golf.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you.

ACTING COUNCIL PRESIDENT MANSON – I want to thank you and your group very much for your effort.  Anybody else?  Alright, Milan.  Yes?

KEN KOHER – I would like to address Council.  I’m the Tax Administrator in the City of Massillon.  I would like to set the record straight.  There was an article in the Independent Monday, or Saturday.  The heading was “City sorry for Tax Errors”.  The title of this article is very misleading.  We did spend some time together, in a “Q & A” and the article is not reflective of the discussion we had and many points.  The delinquent notices that people were complaining about online and in the comments section were not because people did not file their tax returns.  They were because we hadn’t processed all the envelopes and payments on people who previously owed taxes to the City who are in payment plans.  That’s what that was about.  The delinquent notices, the paper says, we sent out nineteen hundred (1,900) this year; it was nineteen hundred (1,900) in May alone.  So, that was discussed with Mr. Grazier as well.  And also in the delinquent letter it says, “Please disregard this notice if you have mailed your payment in” ahead of receiving that notice there.  Also, as the title indicates, the tax errors and it’s reflective on everybody in the Tax Dept. and I’ve never worked with a group of ladies or anybody that is more dedicated and with integrity that they have and I’m here to speak up for what they do, it amazes me.  Day in and day out, they’re game on and especially this time of the year.  The last thing that was an error in this article, they refer to Mr. Lewis as Councilwoman Lewis and that was very upsetting to me.  So, anyway, I’m here to stick up for the Tax Auditor’s there and to let people know, it’s not about tax errors; it’s about a sheer volume of work we have to get done in a short period of time and this happens every year.  This is not a unique year to us.  So, kudos to the Tax Auditor’s, Councilman Lewis.

ACTING COUNCIL PRESIDENT MANSON – Thank you, Mr. Koher.  I’ll second that as far as we have solid employees down there.  I appreciate the effort.  We probably need some more money to have maybe another employee down there, but I think everybody does a fine job.  Mr. Chovan?

18.     ADJOURNMENT

COUNCILMAN CHOVAN – I move that we adjourn tonight’s meeting.

ACTING COUNCIL PRESIDENT MANSON – Seconded by Councilman Stinson.  Meeting is adjourned.

 

_________________________
DIANE ROLLAND, CLERK OF COUNCIL

______________________________
PAUL MANSON, ACTING PRESIDENT

 

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