MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JULY 6, 2009

COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, July 6, 2009. We have in attendance with us this evening: Law Director Perry Stergios, Engineer Keith Dylewski and Auditor Jayne Ferrero. 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, Ron, Mang, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILWOMAN CATAZARO-PERRY Gave the invocation.

3. PLEDGE OF ALLEGIANCE

COUNCILWOMAN CATAZARO-PERRY Chairperson of the Rules and Court 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 (Yes, 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

RAY LYTLE – I live at 816 Bernard SW. I’m here about a house I own down on 1st Street and a fence that’s being put up on the corner of the alley where it’s impossible to see if anything’s coming off of 1st Street when you come out of the alley. So therefore I’d like to make a few changes in the fence and then it would be alright to have it put up. That change would be the angle the back corner so that you could see if anything was coming down the street before you pulled out of the alley. Set it back one foot off of the alley way so that you have room enough to get my big van around that corner. Thank you.

COUNCIL PRESIDENT GAMBER Please don’t wait just step forward.

THERESA MORRISON – I reside at 735 1st Street. I’ve been there about 20 years and it’s gotten busier and busier I’ve got numerous grand kids and three dogs. As I’m walking with a cane right now its hard for me to take the dogs out and tie them up so I’d like to fence in the yard for the safety of the kids and the dogs also so they don’t get away from me walking with my cane. We did look at the what the gentleman is proposing about putting an angle on the fence and we don’t have a problem with doing that. We agree maybe it might we look at it we looked at it from different vehicles cars, trucks, vans to see how you could see to get out. Right now there’s no stop sign at that intersection and so legally I guess you really don’t have to stop. I’ve seen many people come down that alley and they look up my backyard and you can see all the way to 1st Street so they just come pulling right out. Burton isn’t very busy either and so as long as no one’s parked real close to the corners you can get out there pretty quick and pretty easy. But the problem is a couple of the people in the neighborhood or visitors will park will close to the corners and then you have a hard time getting anything out that alley because it is so narrow. But as far as obstructing the view we talked about putting a further angle up towards the side moving it back a few more inches so that you would have a clear view.

JOHN SCOTT – I’m here on behalf of Theresa I’m the person who’s building the fence. I agree with Mr. Lytle to a point along the west edge of the boundary where the alley is at the posts I have marked off for that part of the fence is already 12 inches off the alley. Along Burton Street here we have a 12 inch wall and the fence posts are actually behind that 12 inch wall I’m willing to move that back another 4 inches. Down on the corner in question where the alley is I can put a 5 degree pitch on the last two posts down there and then put the 45 on the end of the property. So we don’t really have any problem and we’d like to facilitate this fence so I’m willing to we are willing to make whatever adjustments that would be equitable to all of us. That’s all I have to say.

COUNCIL PRESIDENT GAMBER Mr. Mang, can you hold up for a moment, Mr. Mang?

COUNCILMAN MANG – Yes, as I expressed to them a little earlier that I’m going to ask the engineering department to go up and try and find the pin for the alley, the east and west side so that we have some direction as to where the property lines are. I will call tomorrow and ask them so that by possibly our next work session we’ll have that information.

COUNCIL PRESIDENT GAMBER Mr. Maier?

COUNCILMAN MAIER Yes, I think maybe by the work session we may be able to have this worked out to and if we do then we can proceed with it at the next meeting. At this point I would that we give it first reading when we get to it and not do or make any or take any action on it right now.

COUNCIL PRESIDENT GAMBER Mr. Peters?

COUNCILMAN PETERS – I guess I have a question. If we’re going to make these changes doesn’t it have to go back to the planning commission?

COUNCIL PRESIDENT GAMBER No, we can they made a recommendation council can up hold that recommendation, deny it or change it.

COUNCILMAN PETERS – Correct, they give us a recommendation as it was written but if we’re changing the boundaries and everything that they took before the planning commission…

COUNCIL PRESIDENT GAMBER No, we’re fine. As long as we’re not radically changing the entire scope of the project we’re fine.

COUNCILMAN PETERS – And that those changes or those modifications will be set in this resolution before we…

COUNCIL PRESIDENT GAMBER Let’s not have talking back and forth. What will happen is they will submit a drawing the drawing will be part of the legislation. Now for the benefit of the council members this is a corner lot at 1st Street and Burton. The house fronts on 1st Street and what happens because of our city code is you in effect have two front yards. You have the variance there the set back requirements of two sides of your house. Historically, the planning commission has recognized that its unfair to a homeowner to penalize them by making them having two front yards. Especially on those older lots with narrow streets. So the application is basically for the fence on Burton; they can put a fence up on the alley tomorrow just like any other homeowner in the city. I think what Mr. Mang is indicating is he just wants to make sure where the alley is. So the fence on the alley has nothing to do with the question; the question is strictly the variance for the fence on Burton. So anything they do to shorten the length of the fence on the alley really has no affect there’s nothing for the planning commission to approve or disapprove. Our job is to look at the variance for the set back on Burton.

COUNCILMAN PETERS – I’m also familiar with this I went down and I checked it out because two of my constituents on the west side are the owners of that home. So I took this upon myself to go down and check it out. It’s very difficult to make that turn with my pickup of course you’ve all seen my pickup its not some little thing either. But it is difficult to turn in and out of there. So I think we have to be considerate of that with that house sitting back there no matter what the thing say.

COUNCIL PRESIDENT GAMBER I’m sure at the next work session Mr. Mang, will have the proper drawings and you folks will be back again I’m certain. Are you finished with the floor?

COUNCILMAN PETERS – That’s all I have. I’m done with the floor.

JOHN SCOTT – I have one more…

COUNCIL PRESIDENT GAMBER Sir, no, no, no, is there another question or comment? Alright, I’ll allow you to come back to the microphone not to argue just to make a point. Sir, we need you at the microphone.

JOHN SCOTT – In response to what Mr. Peters saying about pulling out of the alley we agree that it is a tight turn on that alley. But according to the Ohio Bureau of Motor Vehicle handbook here it says that no parking should be within 20 feet of a crosswalk or intersection. What I would like to know is does that alley that carries on across Burton that is a private drive for the folks who garages up does that qualify as a intersection or not. If it is a intersection then anyone parking across the street there that is the reason that no one can pull out of the alley. It’s because there’s traffic parked there. It has nothing to do with the fence per say. That’s all I have to say.

THERESA MORRISON – I almost feel like I’m getting three roads because I’m getting 1st Street, Burton and now the alley. So I feel like I’m almost being penalized and I feel like almost losing part of my yard. Because every time people keeping turning and turning on that alley my yard gets smaller and smaller. But I don’t want to put in a fence there and have somebody run into every month either. So I want it to work for everybody but just like he said I’d like to know exactly where the lot is…

COUNCIL PRESIDENT GAMBER We’ll leave that in Mr. Mang’s hands. Thank you all.

THERESA MORRISON – Okay.

6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 83 – 2009 BY: COMMUNITY DEVELOPMENT COMMITTEE

Amending CHAPTER 1113 “ADMINISTRATION AND ENFORCEMENT” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 1113 “FEES” and enacting a new Section 1113 “FEES”.

COUNCILMAN MANG – We had a little information on this at the work session but again we’re talking about increasing fees to developers and builders. I think council will probably want to make certain that these are the things that are needed and also things that we can enforce. So I will be giving it first reading tonight.

ORDINANCE NO. 83 – 2009 WAS GIVEN FIRST READING.

ORDINANCE NO. 84 – 2009 BY: ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract with the lowest and best bidder, upon the approval of the Board of Control for the Neocom Sanitary Sewer Interceptor Project, and declaring an emergency.

COUNCILMAN HERSHER – We talked about this also at the work session last Monday. This is necessary to bring parts of Neocom to connect them to the sewer system to facilitate business development that’s going to be happening in that area. We’re looking at approximately a 50/50 split with stimulus money and we also have a finance an item of finance legislation request stating that the remaining of the balance for the project is available in the Wastewater Treatment Capital Improvement Fund. So considering that this is to help with business development in that area and that it is just to get the ball rolling and to allow this to go out to bid I’d like to have discussion about suspending the rules this evening and passing it. Keith is here if anyone has any questions that we weren’t able to get answered at the work session.

COUNCIL PRESIDENT GAMBER Mr. Peters?

COUNCILMAN PETERS – This you mentioned the part of its going to paid with stimulus money we have that for sure?

COUNCILMAN HERSHER – Can we call the auditor?

COUNCIL PRESIDENT GAMBER Mrs. Ferrero?

AUDITOR FERRERO – I don’t know.

COUNCILMAN HERSHER – Oh, I’m sorry. We’ll call Keith forward.

COUNCIL PRESIDENT GAMBER We will call the engineer Mr. Dylewski?

COUNCILMAN HERSHER – I guess do we the stimulus monies have been approved?

ENGINEER DYLEWSKI – It’s been approved but its not in hand. It’s going through the process its distributed through the EPA.

COUNCILMAN HERSHER – Okay. But it has been even though its not in hand it has been approved we know that we’ll be able to use it we’ll have it available to us for this project. (That’s correct) Thanks.

COUNCILMAN PETERS – And for the record what businesses are we doing this I mean what are some of the key businesses that are going into that? Is there…

ENGINEER DYLEWSKI – Well, the first business will be the Shearer’s the new Shearer’s project and then this will also enable us to service the whole northern portion of the industrial park for the future. Currently all that discharge goes to Navarre so this will enable us to intercept the northern portion.

COUNCILMAN PETERS – I have had and Mr. Hersher has explained this to me I wanted to make sure everybody else was clear on it before we if we’re going to waive the rules I wanted to make sure everybody is comfortable with it. That’s all I have.

COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – Mr. Dylewski, can you tell us when we anticipate receiving this stimulus money?

ENGINEER DYLEWSKI – I don’t have the exact date at this point we’re still working with the EPA on all the paperwork that goes along with getting it released. But you know we were one of the few projects in the county that did get awarded money through that particular funding source.

COUNCILWOMAN CATAZARO-PERRY – So would we be extracting the dollars out of our wastewater treatment account first and then the stimulus dollars?

ENGINEER DYLEWSKI – They’ll both be combined once the project was going but no we would utilize the stimulus dollars and then you know depending on where we’re at when bids come in. Because everything right now is based on the estimate so obviously if bids are lower then that’s going to be less of what we’re going to have into the project.

COUNCILWOMAN CATAZARO-PERRY – Okay, Thank you.

ENGINEER DYLEWSKI – Sure.

COUNCIL PRESIDENT GAMBER Are there any other questions for the engineer? Thank you, Mr. Dylewski. Mr. Hersher?

COUNCILMAN HERSHER – Thank you, Mr. Dylewski.

COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Slagle.

Roll call vote of 9 yes for suspension.

ORDINANCE NO. 84 – 2009 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 85 – 2009 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract with the lowest and best bidder, upon the approval of the Board of Control for the 2008 CDBG-R Target Neighborhood Street Resurfacing Project, and declaring an emergency.

COUNCILMAN PETERS – I was being a hard head at the last work session so I didn’t sign this. I had Mr. Mang sign it at our last special meeting. I really don’t feel comfortable with passing it on first reading or tonight because I think its only fair to the rest of council to be able to look at these streets and so forth that are on it. So with that I’ll give it first reading.

ORDINANCE NO. 85 - 2009 WAS GIVEN FIRST READING.

ORDINANCE NO. 86 – 2009 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract with the lowest and best bidder, upon the approval of the Board of Control for the 2009 Street Resurfacing Project, and declaring an emergency.

COUNCILMAN PETERS – Same thing first reading.

ORDINANCE NO. 86 - 2009 WAS GIVEN FIRST READING.

ORDINANCE NO. 80 2009 BY: FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the WWT Capital Improvement Fund, Fire Damage Structures Fund and the General Fund, for the year ending December 31, 2009, and declaring an emergency.

COUNCILMAN MANSON Yes, we have three sections. First section, please appropriate $96,500 from the unappropriated balance of the wastewater treatment capital improvement fund 1406 to an account. This money is needed to cover costs for the Neocom Sanitary Sewer Project. I wasn’t here and didn’t discuss it if there’s any questions we’ve got the engineer and Mr. Hersher to discuss it.

COUNCIL PRESIDENT GAMBER Are you discussing each item as you bring it up?

COUNCILMAN MANSON Well, is there a question on it or do you want to wait till we…

COUNCIL PRESIDENT GAMBER I’m asking you what do you want to do?

COUNCILMAN MANSON We’ll there’s a question; so…

COUNCIL PRESIDENT GAMBER Alright, Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – Could we bring Mr. Dylewski up please? I think this is just the question I just asked. Were we I believe we’re appropriating money here for this and I thought we just said that we were not going to be doing that. Could you clarify that for me please.

ENGINEER DYLEWSKI – Our portion is being appropriated that’s correct.

COUNCILWOMAN CATAZARO-PERRY – Okay, that was my question the last time around. That’s what I wanted to know were we waiting on the stimulus dollars are we going to be using our money first?

ENGINEER DYLEWSKI – Well, the money will be put on a P.O. but how it gets paid you know they’ll be combined together for the cost of the project. But with the final cost of the project its going to be once bids comes in. So…

COUNCILWOMAN CATAZARO-PERRY – Okay, so we’re starting now that’s all I wanted to know.

ENGINEER DYLEWSKI – Yes, that’s correct.

COUNCILWOMAN CATAZARO-PERRY – Thank you.

COUNCIL PRESIDENT GAMBER Can I ask a clarifying question? The stimulus money is not dependant on the cost of the project it’s a lump sum regardless of the cost of the project.

ENGINEER DYLEWSKI – That’s correct.

COUNCIL PRESIDENT GAMBER The only thing that can happen is our portion will reduce.

ENGINEER DYLEWSKI – That’s correct the stimulus money is set.

COUNCIL PRESIDENT GAMBER Okay. Mr. Manson?

COUNCILMAN MANSON This is our portion we’re not using our money first and then there won’t be a reimbursement into the wastewater treatment fund. This is for our part of the project, right?

ENGINEER DYLEWSKI – That’s correct anything left out of this money would go back into the account.

COUNCIL PRESIDENT GAMBER Mr. Maier?

COUNCILMAN MAIER Yes, so we’re going to appropriate money before we go out to bids? That’s my question are we appropriating the money before we go out to bid.

ENGINEER DYLEWSKI – Yes, the money is being appropriated.

COUNCILMAN MAIER Do we usually do it that way? Or do we usually go out to bid and then appropriate the money when we get the bid.

ENGINEER DYLEWSKI – There’s been times in the past that we’ve done them at the same time. That’s correct.

COUNCILMAN MAIER Also and this is not question for you I guess maybe its for Paul. Section 1 there’s something whited out on the bottom of mine and section 2 there’s something whited out on bottom of mine. Did we make an amendment to this or what did we do?

COUNCIL CLERK MARY BETH – It was just cutting and pasting. Nothing has changed from what was submitted. I just forgot to delete a few things.

COUNCILMAN MAIER Okay, does it change what we’re doing or?

COUNCIL CLERK MARY BETH – No.

COUNCIL PRESIDENT GAMBER Mr. Manson, as you look at the ordinance in section 1 and 2 have items whited out are you happy with what’s presented in the ordinance?

COUNCILMAN MANSON I am. Auditor, do you have a problem with it? (No) She has no problem with it.

COUNCILMAN MAIER On an original document we usually don’t have white out. That’s all I mean because I’ve presented documents to court and didn’t like the white out on them at all. So…

COUNCILMAN MANSON I think simply it was a case it shouldn’t have been there and rather than reprint it, it was whited out. I’m satisfied if you want to get a new sheet…

COUNCILMAN MAIER I’m just questioning why we got white outs. That’s all. I guess the other question Mr. Manson. Is if we’re going out to bids do we need to appropriate the money tonight so if we’ve got bids come in I mean we’ve got a couple of weeks don’t we. We can give this one reading or…

COUNCILMAN MANSON I don’t know the timing on it but I think a project like this, this is directly related to a project for Shearer’s that’s been slowed down considerable. I personally would not want to wait on it.

COUNCILMAN MAIER I’m not trying to slow it down I’m just wondering if we’re we haven’t even gone out to bid yet. But…you know whatever you recommend and what we’ll do.

COUNCILMAN MANSON I think we ought to just move it ahead.

COUNCILMAN MAIER Okay.

COUNCILMAN MANSON Mr. Hersher, do you have any comment on it.

COUNCILMAN HERSHER – No, obviously I brought the environmental portion of the project forward for this evening. So I also believe that rather than stall it that we should go through with it.

COUNCIL PRESIDENT GAMBER Mr. Manson, you’re on section 1.

COUNCILMAN MANSON Alright. That’s section 1 I think we understand what its for. Section 2, $49,000 appropriated from the unappropriated balance of the fire damage structures fund. This appropriation is needed to release the funds for fire damage. If there’s any questions the auditor can explain what we’re doing here. Section 3, $5,000 an ordinance appropriating from the unappropriated balance of the general fund $5,000 to an account entitled arbitration and services. This money is needed to cover the expenses for necessary arbitration and legal advice being given to the city by attorney Leslie Kuntz. The city’s negotiations with the various unions have just about been completed. This amount should get us through finalization of all legal invoices for the new and settle bargaining agreements for the city. Any questions?

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

Roll call vote of 9 yes for suspension.

ORDINANCE NO. 87 – 2009 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

RESOLUTION NO. 9 – 2009 BY: COMMUNITY DEVELOPMENT COMMITTEE

Reversing the decision of the Massillon Zoning Board of Appeals made on June 11, 2009, wherein the Zoning Board of Appeals approved a variance from the Massillon Zoning Code for a proposed fence at 735 1st Street NE, on Lot No. 9241 in the City of Massillon, Ohio, and declaring an emergency.

COUNCILMAN MANG – We’ll be giving it first reading.

RESOLUTION NO. 9 - 2009 WAS GIVEN FIRST READING.

7. UNFINISHED BUSINESS

8. PETITIONS AND GENERAL COMMUNICATIONS

9. BILLS, ACCOUNTS AND CLAIMS

A. REPOSITORY - $904.80
B. POLK DIRECTORY - $327.40

COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry.

Roll call vote of 9 yes to pay the bills.

10. REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JUNE 2009. COPY FILE
B). AUDITOR SUBMITS MONTHLY REPORT FOR JUNE 2009 COPY FILE
C). MAYOR SUBMITS MONTHLY REPORT FOR MAY 2009. COPY FILE

COUNCIL PRESIDENT GAMBER Alright, we need a motion to accept the auditor’s report.

COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman Hersher.

Roll call vote of 9 yes to accept the auditor’s report.

11. REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER Next committee work session will be Monday the 13th. Mr. Mang, already has a very large assignment. Are there any other reports or requests or anything of that sort from any other committee or chairman? I’ll call the law director forward?

LAW DIRECTOR STERGIOS – On Mr. Mang’s assignment we have only 60 days to act on their appeal or the decision of the Board of Zoning Appeals stand. So we’re well within that but we ought you should clear it up at the work session and then act one way or the other at the next meeting would be my suggestion I guess. Because I think their appeal was filed on June 15th. So that’s all.

12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13. CALL OF THE CALENDAR

14. THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 79 – 2009 BY: PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Ohio valley Energy Systems, Corp., for one (1) parcel owned by the City of Massillon, and declaring an emergency.

COUNCILMAN MAIER – Yes, I’d like to bring this ordinance forward for question of its passage, make a motion.

COUNCILMAN MAIER moved to bring Ordinance No. 79 – 2009 forward for its vote, seconded by Councilman Mang.

ORDINANCE NO. 79 – 2009 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 2 NO. MCCUNE AND TOWNSEND VOTED NO.

. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 82 – 2009 BY: FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sell to the highest bidder, according to law, various vehicles and/or equipment which is no longer needed for any municipal purpose, and declaring an emergency.

COUNCILMAN MANSON Yes, last council meeting we had some questions on this about what was going to be advertised for bid. We had a request for a list and I think there were two lists went out. One went out and I think then maybe it was revised but I believe everybody got a copy.

COUNCIL PRESIDENT GAMBER – Mr. Manson, what does it say at the top of the list you have?

COUNCILMAN MANSON Top of the list I have. I don’t have it right here its over in my file.

COUNCIL PRESIDENT GAMBER – We’ll make copies. Now you’re comment that there were two lists would you explain that?

COUNCILMAN MANSON There was one then the safety service director’s office corrected it there were a couple of things omitted that were put back on.

COUNCIL PRESIDENT GAMBER – And you know this how?

COUNCILMAN MANSON From talking to them.

COUNCIL PRESIDENT GAMBER – But you never saw any list?

COUNCILMAN MANSON I saw one list.

COUNCIL PRESIDENT GAMBER – We’ll get this one past out and see it this is the right list or the wrong list. Mr. Manson, is this the list we’re talking about? (Yes) I would suggest to everyone you put the date at the top July 6th, 09 and indicate this is Ordinance No. 82. I’ll mention once again to the administration and to our clerk always, always, always date these things and indicate when we got it and where we got it and why we got it. Alright, Mr. Manson, the floor is yours. Mr. Maier?

COUNCILMAN MAIER – Yes, the ordinance calls for various vehicles and/or other equipment I just see vehicles on here. So is it just vehicles?

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON I can’t answer that.

COUNCILMAN MAIER – So I guess if we’re going to do more I’d like to know that, that’s all.

COUNCILMAN MANSON I honestly don’t know if we’re doing more.

COUNCILMAN MAIER – Then I would suggest we give it second reading.

COUNCIL PRESIDENT GAMBER – It’s up to you how you want to proceed with this.

COUNCILMAN MANSON Second reading.

ORDINANCE NO. 82 – 2009 WAS GIVEN SECOND READING.

16. NEW AND MISCELLANEOUS BUSINESS

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

REDA HAFFLING – I live at 309 1st Street SE. The house at 319 Kathy Sturm owns we’ve downtown and they have eviction notices on this home. Tim Simmons and his wife Laura live in this house. My apartment now is infected with coach roaches I can not stay there but yet I’m paying my rent. I ended up having to go to the emergency room last Tuesday from spraying and spraying and spraying because I could not breathe. I can guarantee you that they are to be out today they will be in that house tomorrow morning. I can’t live in my house she is nothing but a slum landlord.

COUNCIL PRESIDENT GAMBER – Ma’am, what was the address again, I’m sorry?

REDA HAFFLING – I live at 309.

COUNCIL PRESIDENT GAMBER – The address you’re talking about?

REDA HAFFLING – 319 1st Street SE. I’ve got pictures of that place.

COUNCIL PRESIDENT GAMBER – Have you talked to your councilman Mr. Townsend?

REDA HAFFLING – I’ve called anybody and everybody I can.

COUNCIL PRESIDENT GAMBER – Have you talked to your councilman?

REDA HAFFLING – No.

COUNCIL PRESIDENT GAMBER – Okay, that’s my suggestion after the meeting please get with Mr. Townsend he’s very good at bringing these things to the attention of the administration and he will be your ally on this. I assure you.

REDA HAFFLING – Because he’s got three notices posted on that house. Because we’ve called the health department they come out. He’s got a big white drum setting out curb side with a black plastic bag on it. This barrel is full of coach roaches they’re coming out the top windows of his house because there’s no windows.

COUNCIL PRESIDENT GAMBER – I assure you we are sympathetic and please make sure you get with Mr. Townsend. Mr. Townsend, make sure you get with her. Yes, sir?

COUNCILMAN TOWNSEND – Councilman Peters just informed me that the people will be out tomorrow and the house has been condemned.

REDA HAFFLING – Well, he told me today was she was going to gut it and fix it. She’s not going to put the money in that house.

COUNCILMAN PETERS – The house has been condemned.

COUNCIL PRESIDENT GAMBER – Mr. Peters, seems to be aware of what’s going on I suggest the three of you have a meeting and if you’re not satisfied then you’re in great shape you have two people going to bat for you.

REDA HAFFLING – You know what I’m going to have to do is take my couch, my chairs, all my bedding and I have to take it straight to the city dump because of the roach eggs that might be in my stuff. Now who’s going to pay for this?

COUNCIL PRESIDENT GAMBER – Well, as I say we’re completely sympatric and please talk to these gentlemen.

REDA HAFFLING – Alright, Thank you.

COUNCIL PRESIDENT GAMBER – Thank you. I’d like to make a personal note as everyone knows my mother passed away several weeks ago. It’s never easy losing a parent but she lived a long productive life and that made it easier. I’d like to thank everyone who sent cards or letters or flowers or in anyway acknowledged her passing. I’d like to thank council for the nice card and the generous gift you gave. I’d like to put a special plug in for Chapel Hill Community that’s a wonderful facility where my mother lived that last few years of her life. Again, thank you very much we appreciate every kindness that’s been shown.

18. ADJOURNMENT

COUNCILWOMAN CATAZARO-PERRY – I move that we adjourn, seconded by all.

 

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MARY BETH BAILEY, CLERK,

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GLENN E. GAMBER, PRESIDENT

 

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