MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JULY 6, 2015

 

COUNCIL PRESIDENT TOWNSEND – Welcome to the Massillon City Council Meeting for Monday, July 6, 2015.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Auditor, Jayne Ferrero, Chief Deputy Director, Debbie Bonk, Engineer, Keith Dylewski, Community Development Director, Larry Marcus, and Acting Parks & Rec. Superintendent, Kim O’Farrell and Income 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.  We have our Law Director, Perry Stergios, in attendance, as well.

  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, Megan Starrett and Shaddrick Stinson.

Roll call of 8 present

COUNCIL PRESIDENT TOWNSEND – Thank you.  I need a motion to excuse Councilwoman Scassa.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I make a motion to excuse Councilwoman Scassa.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Halter.  Roll call to excuse Councilwoman Scassa.

8 yes to excuse Councilwoman Scassa.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Councilwoman Scassa has been excused for tonight’s meeting. 

  2.       INVOCATION

COUNCILWOMAN SARITA CUNNINGHAM-HEDDERLY - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILWOMAN SARITA CUNNINGHAM-HEDDERLY – Chairperson of the Public Utilities 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.

JAYNE FERRERO – There isn’t one here tonight.

COUNCIL PRESIDENT TOWNSEND – Well, there is no sign-in sheet on the table next to Auditor Jayne Ferrero.  So, if you would like to come up to the microphone, please do.

JOHN MUHLBACH – Good evening.  Thank you for allowing me to have a few minutes here to talk to you about a couple of items on the agenda.  Under your…

COUNCIL PRESIDENT TOWNSEND – Excuse me, sir.  Could you state your name and address?

JOHN MUHLBACH – 2714 Mill Ridge Path N.E., Massillon, 44646. 

COUNCIL PRESIDENT TOWNSEND – Thank you.

JOHN MUHLBACH – Sorry about that.  There’s two (2) items on the agenda and I’m here on behalf of the Community Improvement Corp. which I’m the President and it’s Ord. No. 88 – 2015 and I want to talk and recommend that we consider this and that you pass this.  It’s an important issue that the Community Improvement Corp. discussed and talked about and we would like to see these motions, 88 -2015 and Ord. No. 90 – 2015 passed this evening.  And I have a Motion of Support here if we need a copy to present to anybody.

COUNCIL PRESIDENT TOWNSEND – Yes please.

JOHN MUHLBACH – I can give that signed and ready for delivery and we think that this is a real important step forward for the development here in Massillon.  We urge your positive consideration and positive vote on it.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you very much.  Could you give Councilman Lewis that sheet please; that paper?

JOHN MUHLBACH – Yes, sure.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?

 

  6.       INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 86 – 2015     BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Tesla NanoCoatings, LLC, to provide an economic development “inducement grant” to assist the company with expenses to move company from Jackson Township to 50 North Avenue, Massillon, OH, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson. 

COUNCILMAN MANSON – Yes.  Thank you, Mr. President.  We discussed this at last Monday’s Work Session.  We have Mr. Hawkins here tonight.  We also have Mr. Marcus, Community Development Director.  If there are any questions that anybody has, they should be able to answer them for us and, as I said, I intended to move this forward tonight unless something came up to change our minds.  So, are there any questions?

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  Councilman Manson.

COUNCILMAN MANSON – I make a motion that we waive the rules requiring three (3) separate readings and bring Ord. No. 86 – 2015 forward for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Chovan.  Roll call for suspension.

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 86 has passed.  Ord. No. 87.

ORDINANCE NO. 87 – 2015               BY:  PARKS AND RECREATION COMMITTEE

AN ORDINANCE approving the proposed golf specials for The Legends of Massillon Golf Course beginning in the year 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President.  As we discussed at the Work Session last Monday, these are to approve some special rates for The Legends Golf Course based on the holidays.  Does anyone have any questions? 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes.  Are these rates only for 2015 or will they be ongoing each year moving forward?

COUNCILWOMAN DEL RIO-KELLER – Only 2015.  If you look in Section 2.

COUNCILMAN LEWIS – It will only be 2015.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you.  Seeing no other questions, I’d like to suspend the rules requiring three (3) readings and bring Ord. No. 87 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Lewis.  Roll call for suspension.

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 87 has passed.  Ord. No. 88.

ORDINANCE NO. 88 – 2015               BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY

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 2015 Priority Street Segment Resurfacing Project, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.
COUNCILWOMAN HALTER – Thank you, Mr. President.  First reading.

COUNCIL PRESIDENT TOWNSEND – Ord. No. 88 has received first reading.  Ord. No. 89.

ORDINANCE NO. 89 – 2015               BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY

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 purchase of various materials, chemicals and fertilizers for the Street, The Legends of Massillon Golf Course, Parks and Wastewater Treatment Departments, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  It’s pretty self-explanatory with what the Council Clerk just read to us.  Are there any questions or conversation?  Mr. Lewis?

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, Ms. Halter.  Is there an estimated cost for these?

COUNCILWOMAN HALTER – You’ll have to ask the City Engineer, Mr. Dylewski.

COUNCIL PRESIDENT TOWNSEND – Would someone like to call him up?

COUNCILMAN LEWIS – City Engineer?

COUNCIL PRESIDENT TOWNSEND – City Engineer, come on up.

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

COUNCILMAN LEWIS – So you’re going out to bid to get the estimate or do you have an idea where this is coming in at or what you expect it to be?

KEITH DYLEWSKI – No, this is just to get pricing for the materials, so, it’s basically; it’s a pound of fertilizer, it’s so many dollars per pound, so, it’s whatever, obviously, that department would need and budget for.

COUNCIL PRESIDENT TOWNSEND – Is that it for the engineer?  Councilman Chovan.

COUNCILMAN CHOVAN – Thank you.  So, do you have the volumes of each of these things that we need?  I mean, you need that to get a bid right?  You have to tell them what the tonnage is you’d need on all these things?

KEITH DYLEWSKI – No.  They’re giving us a cost of what that would be when we purchase it.

COUNCILMAN CHOVAN – Right, I get that, but I mean, when I do quotes for my customers, it’s based on the volume that they do, so, don’t we have to provide them with an estimate of what we think we’ll need, maybe based on past history to get the pricing?

KEITH DYLEWSKI – Well, it’s never been done that way, no.  I mean, this gets bid out every year, so, I don’t know that they’ve ever given a past history.  So, I think a lot of the bidders that have historically bid on it probably are the same bidders that we’re going to get again and they probably, if they were the successful bidder would know what they sold in the past.

COUNCILMAN CHOVAN – And one last question; do we go with any other surrounding political subdivisions and look for cooperative purchasing on any of this stuff or is this strictly the City?  I’m thinking of anything from patching materials to whatever you need.

KEITH DYLEWSKI – No, these items are strictly the City.  We do cooperative purchasing for salt with the County. 

COUNCILMAN CHOVAN – Are there programs for any of the things like street patching materials and that?  Would it be possible to go together with other cities or townships?  Do you know at all?

KEITH DYLEWSKI – I’m not aware that any entity does that with other ones.  Because, obviously, quantity would vary, depending on the needs and the size of the community and all that.

COUNCILMAN CHOVAN – Right.  I mean, I’m just wondering if we’ve ever looked at combining our purchasing with somebody else to see if we could lower it for everybody.

KEITH DYLEWSKI – Not that I’m aware of on these types of items.

COUNCILMAN CHOVAN – Okay.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes.  I’d like to comment on it.  I think we should move this forward.  When you’re looking at things like chemicals for streets, golf courses, and the Wastewater Treatment Dept., we know what goes on there and what their needs are.  Especially looking like the golf course, if you don’t have those in a timely fashion, you may as well just forget it.  So, I think we need to move this along tonight.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  Thank you, Mr. Dylewski.  Councilwoman Halter, you still have the floor.

COUNCILWOMAN HALTER – Thank you, Mr. President.  I move to suspend the rules requiring three (3) separate readings and bring Ord. No. 89 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Manson.  Roll call for suspension.

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 89 has passed.  Ord. No. 90.

ORDINANCE NO. 90 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE amending Ordinance No. 157 – 1999 passed on August 2, 1999 and relating to the Marketplace Development and Public Infrastructure Improvements; authorizing related matters, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes.  My initial question is, the packet that we had e-mailed had a rough summary with a note about the language coming from the Bond Director.  And then this was handed to us this evening which is what the bond lawyer or bond attorney had written up for the City.  Are we to take this as the official legislation that is for Ord. No. 90 – 2015?

COUNCIL CLERK ROLLAND – That was my understanding.  I received it from Ken Koher.  If we wanted to make any changes.  It’s in PDF file now, or Word.  Because you had mentioned about taking out that “declaring an emergency”.

COUNCILMAN LEWIS – And I know that this might seem like a formality, but, I would like to take it.  If I could please have the Mayor come forward.

COUNCIL PRESIDENT TOWNSEND – Mayor, would you please come up?

MAYOR CATAZARO-PERRY – Good evening, Mr. President, Members of Council.

COUNCILMAN LEWIS – Yes.  Since this wasn’t actually a part of the official agenda, are you aware of the document that I’m holding, in general?

MAYOR CATAZARO-PERRY – Yes I am.

COUNCILMAN LEWIS – And would you agree that this is what you would like to see Ord. No. 90 read as?

MAYOR CATAZARO-PERRY – That’s correct.

COUNCILMAN LEWIS – Thank you.

MAYOR CATAZARO-PERRY – You’re welcome.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILMAN LEWIS – All that to say, first reading.

COUNCIL PRESIDENT TOWNSEND – So, first reading?

COUNCILMAN LEWIS – Yes.

COUNCIL PRESIDENT TOWNSEND – Ord. No. 90 has received first reading.  Ord. No. 91.

ORDINANCE NO. 91 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1419 Marketplace Infrastructure Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 91 has received first reading.  Ordinance No. 92.

ORDINANCE NO. 92 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1237 Economic Development Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is the appropriation part of the ordinance that we already passed in reference to the Community Development dollars that would be granted to Tesla NanoCoatings.  Seeing that there were no objections there, I would make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 92 – 2015 forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ord. No. 92 has passed.  Ord. No. 93.

ORDINANCE NO. 93 – 2015               BY:  FINANCE COMMITTEE

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

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This ordinance pertains to the leasing of equipment at the Rec Center which is a different approach than what we would typically take.  In the past we have purchased equipment.  At our Committee meeting, Ms. O’Farrell gave us an excellent representation of what benefits there are to the leasing compared to purchasing.  I would like to give us more time to look over the contract.  I don’t believe that there were any objections to giving it the first reading.  So, please do so and we’ll have more discussion next week.  First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilman Lewis.  Ordinance No. 93 has received first reading.  Ordinance No. 94.

ORDINANCE NO. 94 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign an amended rental agreement with South East Golf Car Company for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is in relation to the number of golf carts that our leased out at the golf course to be used by any patrons that the golf course receives.  This actually reduces the number of golf carts that are present on the grounds and this was done after our current golf course pro/advisor stated that she felt that we could do with a little bit less and this will bring a net savings to The Legends of Massillon.  There were no major objections brought up at the last meeting.  Is there any discussion this evening?  Seeing no objections and since it does save money, let us make a motion that suspends the rules requiring three (3) readings bringing Ord. No. 93 – 2015 forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

 

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 94 has passed.  Ord. No. 95.

ORDINANCE NO. 95 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1433 Park and Recreation Capital Improvement Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance, from my understanding, is the $13,000 in order to lease the equipment.  Since we already gave first reading to that ordinance, I will give first reading to this one as well.  First reading.

COUNCIL PRESIDENT TOWNSEND – Okay.  Thank you.  Ord. No. 95 has received first reading.

COUNCIL PRESIDENT TOWNSEND – Ord. No. 96.

ORDINANCE NO, 96 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1401 Income Tax Capital Improvement Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is to cover the cost of the claim against the City by Ohio Edison because someone ran into their light pole and it was a hit and skip and there was damage done to the light pole and so now, the City of Massillon has had a claim filed against it for the repair or replacement.  We had a lengthy discussion about this and many of us council people had stated that we were upset that a pole that is owned by a private company and put on City property and we’re still responsible for its well-being.  But, it looks like, from what I understand, that this is how the contract is.  I guess my initial discussion for Council members, is do we want to pass this on first reading or would we like to have additional conversation to review?

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  After our last meeting, I spoke to Dana, the area director for First Energy about this.  She did look at the contract and yes, it is written in there that we are responsible for it.  I don’t know why we are, she didn’t either.  She thought it was a little unusual, but it is in the contract and that one was like for $6,200, something and some change, I don’t have it in front of me.  And then we had another one, $1,400 and something.  I think that was just balance accounts, internally.  She wasn’t exactly sure what that one was for, but she was going to get back with me with some information.  So, if you want to give this first reading, I mean, maybe she’ll get back and maybe she’ll just…or not, I mean, I don’t care.  I’m just saying, I talk to her and I know that we are obligated to pay the larger amount.  I’m not sure why the $15,000 other than just to…I asked her about that.  I said, do you see any other claims out there that we may have to pay?  And she said, not on the horizon, but, so, if we do it now, the money will be in there in case it does happen.

COUNCILMAN LEWIS – Could I call the Auditor?

COUNCIL PRESIDENT TOWNSEND – Okay.  Auditor Jayne Ferrero, would you step to the microphone please?
JAYNE FERRERO – Mr. President, Members of Council.

COUNCILMAN LEWIS – Is this particular legislation time sensitive?

JAYNE FERRERO – Well, we have the bill for it and we have a recommendation from the Law Dept. that we pay it and back in February we paid another claim, this very same thing; a lighting pole claim.  So, I do believe that it is, that we’re responsible.  I don’t know that if Ohio Energy will send us a late fee, but I don’t really see much reason to hold it up, but that’s up to you.

COUNCILMAN LEWIS – Yes.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – I had a question.  What if one of these poles was hit by somebody that was an uninsured motorist, then who would be liable? 

COUNCILMAN CHOVAN – You mean if they knew who hit it?

COUNCILMAN MANSON – Yeah.  If it was known there was an accident and it just happened to be an uninsured motorist.  Would we still be on the hook for that or who would be?

COUNCIL PRESIDENT TOWNSEND – Would you like to call someone up?

COUNCILMAN CHOVAN – I’d like to answer the question.

COUNCIL PRESIDENT TOWNSEND – Okay, Councilman Chovan.

COUNCILMAN CHOVAN – Based on what I think Dana said is the situation, if you knew who it was that hit the pole, even if they were uninsured, First Energy would initiate an action against them to collect somehow.  This situation came about because it was a “hit - skip” and we didn’t know; there’s no idea who hit the pole.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – I guess moving forward, we obviously have a bill that we’re obligated to pay and I would recommend that we go ahead and do so this evening, but hopefully someone, whether it be the Legal Dept. or the Administration, if we could look at that contract that we’re under and see if there’s any way of reducing our liability.  That might be a step that we could take.  Having said that, I make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 96 – 2015 forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 96 has passed.  Ord. No. 97.

ORDINANCE NO. 97 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1201 Street Construction M & R Fund, the 1401 Income Tax Capital Improvement Fund and the 1206 Municipal Motor Vehicle License Plate Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance has many moving parts, so I’ll try to go through them.  In Section 1, you’ll see the $3,000 to the County for the County collection fees.  This is something that we pay on a regular basis.  They collect certain fees and taxes for us and then pass them onto us and they do charge a fee for doing so.  We also see $18,000 that is to go to an account “Supplies, Materials and Postage”.  This is coming out of our Street Construction M & R Fund.  This $18,000 is to cover the cost of asphalt that was purchased without a P.O. earlier in the year.  We discussed this.  There’s a total of $103,000 that was purchased without prior approval.  It did not follow the process of getting a purchase order, however, that does mean that the City is not obligated to make the payment.  We expressed ourselves at the last meeting that we would like to situation handled.  This is the second time we’ve had to pass to pay bills that did not go through the proper protocol and now we’re at about $113,000 that we’ve had to approve in order to cover the bills in order to cover equipment or supplies that was purchased, but not following the proper procedures.  Section 2 is the same thing.  $40,000 and then Section 3 is not related directly to the asphalt that was purchased for resurfacing.  This is part of the Target Area Resurfacing Project that we’ve been discussing for about 18 months now.  If you remember, this project we use CDBG dollars from the 2014 and 2015 year.  The final cost came in and it came in $15,000 higher than the estimate and this is purely to pay that.  I believe I accurately represented every piece of this.  Any objections?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Just to comment on the spending without the P.O.’s.  You know, that will incur some problems with the State Auditor, I’m sure, when we’re audited at the end of 2015.  And it’s more than one.  There were several bills, I believe, so I think this needs to be watched a whole lot closer.  And especially when you’re talking $100,000.  If something slipped by; somebody made a little mistake in their budget and spent over by $1,000 or something like that, but this is over $110,000 so far this year.

COUNCIL PRESIDENT TOWNSEND – Okay.  Is there anyone else with a question or comment?  Councilman Lewis.

COUNCILMAN LEWIS – I make a motion that we suspend the rule requiring three (3) readings for Ord. No. 97 – 2015 and bring it forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 97 has passed.  Ord. No. 98.

ORDINANCE NO. 98 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1212 Summer Concert Fund and the 1215 Local Law Enforcement Trust Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes.  Section 1 of this ordinance is something we’ve done numerous times as the Summer Concert Fund.  The Summer Concert Fund is a fund that is supplied its revenue through donations and its used for the Summer Concert Series.  We simply act as the holder and pass-through.  Section 2 for the Stark County Online Auction out of the Law Enforcement Trust Fund.  This is the seed money to get the Stark County Online Auction begun.  And what this will do is, as items that are taken under possession or what not through law enforcement activities, it will be able to be sold online and then revenue will be given back to the Law Enforcement Trust Fund.  Are there any questions?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 98 – 2015 forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 98 has passed.  Ord. No. 99.

ORDINANCE NO. 99 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain transfers in the 2015 appropriations from within the 1100 General Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This is the second ordinance to deal with that previously mentioned $103,000 for the purchasing of asphalt.  These are transfers; they are transferring directly out of our General Fund $45,000 and putting them into “Supplies and Materials”.  I’m sorry, let me make sure that I am stating that correctly.  Yes, we are putting this into “Supplies/Materials/Postage”, $45,000 so that we can make that payment.  Seeing none, I make a motion that we suspend the rules requiring three (3) readings, bringing Ord. No. 99 -2105 forward for a vote.

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

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 99 has passed.

   7.    UNFINISHED BUSINESS

   8.    PETITIONS & GENERAL COMMUNICATIONS

   9.    BILLS, ACCOUNTS & CLAIMS

 10.    REPORTS FROM CITY OFFICIALS

 

Approval of Mayor’s appointment of Kim O’Farrell as Director of Parks and Recreation Dept.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President.  We briefly talked about this at last week’s Special Meeting and then we actually talked about it more in the actual Work Session.  We did receive, Diane did e-mail out last week a letter from the Mayor recommending Kim for approval to the appointment as well as Kim’s resume and the minutes of the Board Meeting that took place from the Park and Rec Board; them voting 3 – 0 to make her the permanent director.  As we talked in the last Work Session, I know many of you wanted to see this information and had requested that Kim come to the next Work Session which is July 13th and talk further about it.  Does anyone have any questions or concerns before I continue to go any further?

COUNCIL PRESIDENT TOWNSEND – Are there any questions or comments?  Councilman Manson.

COUNCILMAN MANSON – Yes, I would like to have further discussion on this next week.

COUNCILWOMAN DEL RIO-KELLER – I know many…

COUNCIL PRESIDENT TOWNSEND – You have the floor.

COUNCILWOMAN DEL RIO-KELLER – Thank you.  I know many of you requested that, so I think with that being said, I would like to go ahead and table this until the July 20th Council Meeting so that we can discuss this at the July 13th Work Session.

COUNCILMAN MANSON – I’ll second that.

COUNCIL PRESIDENT TOWNSEND – What was that date again?

COUNCILWOMAN DEL RIO-KELLER – The Work Session would be July 13th, but the Council Meeting will be July 20th.

COUNCIL PRESIDENT TOWNSEND – Okay that was your motion to table?  Councilman Manson seconded.  Roll call to table the approval of Mayor’s appointment of Kim O’Farrell as Director of Parks and Recreation Dept. until July 20th.  Roll call please.

8 yes to table Mayor’s approval of Kim O’Farrell as Director of Parks and Rec. until July 20th, next Council Meeting

COUNCIL PRESIDENT TOWNSEND – Thank you.

11.    REPORTS OF COMMITTEES

COUNCILWOMAN DEL RIO-KELLER – Park and Rec has a Board meeting this Thursday, July 20th at 6:00 p.m.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, we will be meeting after this Council Meeting to discuss the Fiscal Plan.

COUNCIL PRESIDENT TOWNSEND – Anyone else?

COUNCILWOMAN DEL RIO-KELLER – July 9th, not the 20th for the Park and Rec Board Meeting.

COUNCIL PRESIDENT TOWNSEND – Okay.  Is there anyone else?  And as Councilwoman Del Rio-Keller stated, City Council’s next Work Session is next week, July 13th at 6:00 p.m.

 12.    RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

 13.    CALL OF CALENDAR

ORDINANCE NO. 41 – 2015               BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY

Tabled at May 18, 2015 Meeting until July 6, 2015

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 Southway/Richville Intersection Improvement Project in the City of Massillon, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  This ordinance was tabled to a specific date.  There’s no vote required to untable.  Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  This ordinance was brought to us, actually, in April.  Now there’s been many discussions about it.  Some of the Councilmen asked me to table it until today so they could do their due diligence and look for other for other ways to find the funding for this project rather than take it out of the Motor Vehicle License Plate Fund.  It’s up for a vote tonight.  I, myself am going to vote for it because this is for a very important business in our City and I support businesses.  Is there any question or discussion?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes.  And I want to see it moved forward, too.  And I want to thank Nancy.  I asked her to table this because I was hoping we could find some other funding and last week when we talked about this we hadn’t found anything, but I have had discussion with Mr. Koher and Mr. John Oates that works with the County Auditor says that this TIF will probably be in place and that we may have TIF funds available to us in September.  This is a bidding process, it’s going to take a little time.  The only thing I would like to consider is it says this is coming out of the 1206 Municipal Motor Vehicle License Plate Fund.  My objection was if we could use TIF funds there.  Usually directed to a specific area where those industries are.  The Municipal Motor Vehicle Fund can be used in any Ward in the City for anything at all that we need.  I’d like you to consider adding “TIF funds or the 1206 Municipal Motor Vehicle Fund” or say “TIF funds and”, which you know, to get the total amount.  Amend that and I would be up for passage.  If you would consider that.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  Just so I’m clear on what you want the amended language to say?

COUNCILMAN MANSON – If you go to the Section 2, and you go to the bottom line and you go pass where the $125,000 is and it says “will be funded through the 1206 Municipal Motor Vehicle License Plate Fund”.  I’d just like to have it say “will be funded through the 1206 Municipal Motor Vehicle License Plate Fund or the FreshMark TIF Fund”.  Either/or.

COUNCILMAN CHOVAN – And/or.

COUNCILMAN MANSON – And/or.

COUNCILMAN CHOVAN – I would think that would be more appropriate.

COUNCILMAN MANSON – Okay.

COUNCILMAN CHOVAN – Okay, thank you.

COUNCILMAN MANSON – And if it does get done in time, we’ve got some revenue we can use that would still keep the 1205 freed up.  And if it doesn’t, we can move right ahead with using the Motor Vehicle License Plate funds.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter, the Mayor would like to come up.

COUNCILWOMAN HALTER – Mayor.

MAYOR CATAZARO-PERRY – Thank you, Mr. President, Members of Council.  We are open to that idea.  I did want to tell you and I may have already in the past, that we have met with the County Engineer and we are planning on working on a joint project with them for Richville Dr.  So, if you want to use some of the TIF funds for that when they; my Administration has completed that TIF that was left alone at the end of 2011.  So, that is now completed so money will start to come in and you’re welcome to use that as well as the Muni Road Fund.  But, keep in mind that we do want to keep some of that TIF money back for the full Richville Dr. Project which is going to be a joint fund.  Thank you.

COUNCILWOMAN HALTER – Are there any questions for the Mayor.  Okay.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter, you have the floor.

COUNCILWOMAN HALTER – I guess I want to make a motion to amend Ord. No. 41 – 2015, Section 2, the last sentence to read “The estimated cost of said project is $125,000 and will be funded through the 1206 Municipal Motor Vehicle License Plate Fund and/or the FreshMark TIF Fund”.

COUNCIL PRESIDENT TOWNSEND – Okay.  Is that correct, Councilman Manson?

COUNCILMAN MANSON – I’ll second it.

COUNCIL PRESIDENT TOWNSEND – Okay.  She made her motion to make amendments, Councilman Manson has seconded.  Roll call to amend Ord. No. 41 – 2015 to reflect the changes Councilwoman Halter has just identified.

8 yes to amend

COUNCIL PRESIDENT TOWNSEND – Okay.  Ord. No. 41 has reverted back to first reading.  Councilwoman Halter.

COUNCILWOMAN HALTER – I move to suspend the rules requiring three (3) separate readings and bring Ord. No. 41 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Manson.  Roll call for suspension.

8 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ord. No. 41 has passed.  Ord. No. 64.

 

 

14.     THIRD READING OF ORDINANCES & 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 are needed to the City Dam.  We did have someone from AECOM come and speak with City Council a couple of weeks ago to explain the need for these repairs.  I do believe the finance piece was passed at the last meeting that goes with this ordinance and hopefully some of these funds will be reimbursed through grants or other departments for the State.  So, at this point, barring any other discussion, I would ask that we bring this forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Okay.  I need a second from a Committee member.  Seconded by Councilwoman Cunningham-Hedderly.  Roll call for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 64 has passed.  Ord. 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 Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  This ordinance will just place a Disbursement Procedure Policy in writing.  This does come about from the Auditor’s office working with the State Auditor’s office and the State Auditor’s office did ask to have these in writing in ordinance form for all departments to follow.  Barring any discussion, I would ask that we bring this forward for a vote tonight.

COUNCIL PRESIDENT TOWNSEND – Okay.  There are no questions?

COUNCILWOMAN STARRETT – I ask that we bring this forward for a vote.

COUNCIL PRESIDENT TOWNSEND – I need a second.  Seconded by Councilman Chovan.  Roll call for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 65 has passed.  Ord. 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 Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  Again, this is just a formal Purchasing Policy that will be placed in writing.  The State Auditor did ask the City to do this, as well.  Is there any further discussion?  Seeing none, I ask that we bring this forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Chovan.  Roll call for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ord. No. 66 has passed.  Ord. 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 Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  Again, this was requested by the State Auditor to adopt a formal Deposit Policy.  Is there any discussion on this one?  Seeing none, I ask that we bring this forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Chovan.  Roll call for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 68 has passed.  Ord. No. 69.

COUNCILWOMAN STARRETT – We are at No. 68 now.  We just did No. 67.

COUNCIL PRESIDENT TOWNSEND – Ord. 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 Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  This is also has come about through working with the State Auditor’s office to change our Capital Asset Policy Manual and have that formally in writing.  Is there any further discussion?  Seeing none, I ask that we bring Ord. No. 68 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Chovan.  Roll call for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 68 has passed.  Ord. No. 69.

ORDINANCE NO. 69 – 2015               BY:  RULES, COURTS & CIVIL SERVICE

AN ORDINANCE amending Ordinance No. 224 – 1996 to reflect a change in the existing “Investment and Depository Policy”, and declaring an emergency.
          COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  This is the final change from working with the State Auditor’s office and this change will affect the Investment and Depository Policy.  Is there any further discussion on this ordinance?  Seeing none, I would ask that we bring Ord. No. 69 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Chovan.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ord. No. 69 has passed.  Ord. 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 – Councilman Manson.

COUNCIL CLERK ROLLAND – I’m sorry.  It should be Councilwoman Halter.

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  We’ve had a lot of discussion on this ordinance also.  This reflects changing the speed limit from Carnation N.E. out to the City limits to 40 mph.  Some people feel that it’s a little fast to be going around the curve at Brookwood, but we’ll go ahead and I will…was there any other more discussion or any questions?  Okay, then I move to suspend the rules requiring three (3) separate readings and bring Ord. No. 70 – 2015 forward for a vote.

COUNCIL CLERK ROLLAND – This is at third reading.

COUNCILWOMAN HALTER – Oh, I’m sorry.  We’ll bring it forward for a vote.

COUNCIL PRESIDENT TOWNSEND – You made your motion.  Seconded by Councilwoman Starrett.  Roll call for passage.

7 yes; 1 no for passage.  Cunningham-Hedderly voted “no”.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ord. No. 70 has passed.

 

15.     SECOND READING OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT TOWNSEND – Ord. No. 79.

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.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  We will be having a Public Hearing on this August 3rd and then we will probably be acting on this that night.  So, second reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ord. No. 79 has received second reading.

16.     NEW & MISCELLANEOUS BUSINESS

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

KEITH NUTTER – From Aqua Ohio.  3220 Miles Ave., Canton, Ohio, of the Aqua office down in Massillon.  I just want to let Council know that we are finishing up our project out on 13th, 14th, 15th, S.W. 17th St. and Lawn.  We’re putting in over 7,500 ft. of water line; combination of 8” and 12” at a cost of almost $900,000.  So, just one of the projects that we are doing in the City, putting the money back in.  And the other one is, I would just like to thank the City for allowing us to partner with them in the July 3rd celebration and be able to provide the fireworks for the community.  That’s all I have.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Thank you very much.  Is there anyone else?  If there’s nothing else, Councilwoman Cunningham-Hedderly, I need motion to adjourn.

18.     ADJOURNMENT

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I so move.

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

_________________________
DIANE ROLLAND, CLERK OF COUNCIL

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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