MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, TUESDAY, SEPTEMBER 2, 2014 

COUNCIL PRESIDENT TOWNSEND – Welcome to the Massillon City Council Meeting for Tuesday, September 2, 2014.  We have in attendance with us the following city officials:  Community Development Director, Larry Marcus, Parks & Recreation Superintendent, Doug Nist, City Engineer, Keith Dylewsi, Law Director, Perry Stergios.  On the wall to your left are agendas for anyone who wishes to follow tonight’s meeting.  Also if you look at that agenda under item #5 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 want remind anyone with cell phones, please turn them down. 

  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, Andrea Scassa, Megan Starrett and Shaddrick Stinson. 

Thus, giving a roll call vote of 7 present.  Councilwoman Nancy Halter and Councilman Paul Manson were absent.

COUNCIL PRESIDENT TOWNSEND – Thank you.  I need a motion to excuse Councilman Manson and Councilwoman Nancy Halter.

COUNCILWOMAN CUNNINGHAM-HEDDERLY -  I so move to excuse Manson and Halter.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Chovan.  Roll call to excuse Councilman Manson and Councilwoman Halter.

Vote of 7 yes to excuse Councilman Manson and Councilwoman Halter

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  The two (2) Councilmen are  excused.  I’d like to recognize Councilwoman Megan Starrett for tonight’s invocation and pledge allegiance.

  2.       INVOCATION

COUNCILWOMAN STARRETT  - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILWOMAN STARRETT – Chairperson of the Environmental Committee led those in attendance in the Pledge of Allegiance.

COUNCIL PRESIDENT TOWNSEND – I’d like to recognize that Mayor Kathy Catazaro-Perry has entered into the meeting.

  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 as approved.

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

COUNCIL PRESIDENT TOWNSEND – We have arrived at #5.  This is the section of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak, please come to the microphone at this time and give your name and address for the record and topic you want to discuss.  Okay, I see no one; we will move into introduction of ordinances and resolutions.

6.         INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 118 – 2014             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 2014 and to execute all necessary documentation needed to secure the funding for the 17th Street NW Resurfacing Project, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.

COUNCILMAN LEWIS – Yes, this Ordinance is in reference to what we discussed last week and this is putting out the attempt to gain funding from the State, I believe, to repave 17th St..  The idea is if we can get it fully supported, would be to pave Oberlin Rd., or 241, all the way out to Cherry.  So, this project, obviously, wouldn’t be taking place this season, but gets the ball rolling.  Are there any questions or any discussion?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 118 – 2014 forward for a vote.

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

Vote of 7 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

Vote of 7 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 118 has passed.
Ordinance No. 119.

ORDINANCE NO. 119 – 2014             BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis. 

COUNCILMAN LEWIS – Yes, this Ordinance is dealing with all the Capital Improvement dollars of the Wastewater Treatment Plant.  It does not necessarily affect, directly, the General Fund, and it references the upgrades as we discussed at the last Finance Committee meeting.  Are there any questions or discussion?  I need to bring this forward for suspension.  Seeing none, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 119 – 2014 forward for a vote.

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

Vote of 7 for suspension
 
COUNCIL PRESIDENT TOWNSEND – And for passage.

Vote of 7 for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 119 has passed.
Ordinance No. 120.

ORDINANCE NO. 120 – 2014             BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1201 Street Construction Fund and making certain appropriations from the unappropriated balance of the 1202 State Highway M & R Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.
 
COUNCILMAN LEWIS – Yes.  This Ordinance is affecting the 1202 State Highway Fund; again, this is not the General Fund directly.  Also this is, as Mr. Hennon stated at our last Finance Committee meeting, would go to assist in the purchase of asphalt and helps repair any of our roads as a one (1) last push to the end of the season.  I mean to bring this forward for suspension and a vote this evening unless there is discussion.

COUNCIL PRESIDENT TOWNSEND – Are there any questions?

COUNCILMAN LEWIS – Seeing none, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 120 – 2014 forward for a vote.

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

Vote of 7 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

Vote of 7 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 120 has passed. 

    7.     UNFINISHED BUSINESS

    8.     PETITIONS & GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR J LALLY INC DBA MASSILLON DRIVE THRU LOCATED AT 1007 DUNCAN ST SW MASSILLON OHIO  44647

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Starrett, did you receive a copy?

COUNCILWOMAN STARRETT -  Yes. 

 

    9.     BILLS, ACCOUNTS & CLAIMS

                        ManCan                    $ 1,552.00
                        The Repository         $    768.40 Publication of July Ordinances

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Ed Lewis, we need a motion to pay the bills.

COUNCILMAN LEWIS – Just a quick question.  Is ManCan, is that three weeks worth?

COUNCIL CLERK ROLLAND - Yes.

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

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Del Rio-Keller.  Roll Call to pay the bills.

Vote of 7 yes to pay the bills

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  The Clerk will pay the bills and charge them to the proper accounts.

10.       REPORTS FROM CITY OFFICIALS

                        Mayor’s monthly reports for June 2014 and July 2014
                        Treasurer’s report for July 2014
                        Auditor’s monthly report for July 2014

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.  I need a motion to accept the Auditor’s report.

COUNCILMAN LEWIS – I make a motion that we accept the Auditor’s report for July 2014.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Del Rio-Keller.  Roll call to accept the Auditor’s report.

Vote of 7 yes to accept the Auditor’s report

COUNCIL PRESIDENT TOWNSEND – Thank you.  Those reports will be filed.

 11.      REPORTS OF COMMITTEES

 12.      RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

 13.      CALL OF CALENDAR

 14.      THIRD READING OF ORDINANCES & RESOLUTIONS

COUNCIL PRESIDENT TOWNSEND – Let’s move into Third Readings Ordinances and Resolutions.  Ordinance No. 109.

ORDINANCE NO. 109 – 2014             BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor to execute the release of assignment, release of mortgages and amended agreement with regards to the Hampton Inn Parking Deck.  Copies of which are attached hereto as Exhibit “A”.  Said execution of documents is contingent upon final HUD approval of any collateral substitution or bond defeasement.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  I spoke to both Mr. Marcus and Mr. Stergios earlier today about this.  There have been some questions that have come up in the public concerning release of our remedies before this deal is funded by Chase Bank for John Helline.  I’d like to have the Law Director come up and explain that that’s not the case…the release of our remedies under our original agreement are contingent upon the funding being available and Perry, would you mind just sharing a little bit about that with us?

PERRY STERGIOS – Mr. President, ladies and gentlemen, Mr. Chovan.  To answer the question; the way this works is the three (3) documents that the Mayor and/or Safety Service Director are executing, really four (4) documents, are the ones we’ve had before us for quite some time.  Two (2) mortgages releases because when the deal was originally done, there was, I believe a construction mortgage and then a final mortgage, but, that’s all 1.4 million.  There was an assignment of rents and leases to secure the mortgage; that goes away with the mortgage and then there’s the amended agreement for the parking deck which, basically puts the new bank in the place of the old one which subsequently, does not change anything.  But the way this will work is assuming that the closing takes place on Thursday, the escrow agent, which is First American Title in Akron, they bring in all the money; our 1.4 million, the money that paid the first mortgage, whatever that amount is, other closing costs and they gather these documents and the only way they can record these documents or act upon them is if they have our 1.4 million in their trust account.  Like I told you (Chovan) and Mr. Marcus earlier, it’s simplified, but it’s just like selling a house.  If I have a closing, the new bank wires the money into to me and I pay off the old mortgage.  This is the same thing as that, except it’s a lot more money than one hundred thousand ($100,000), but, First American Title is a national reputable company.  They’re insured; they’re not going to do this if they don’t have our money and I told them that today and Part 2 of it is, for the moment, I have told them to hold our money in escrow until we’re able, if we pass this second ordinance and confirm with HUD, where we want them to wire the money to.  Which is a different issue, but they don’t act on these things until they have our cash and I feel comfortable with that because that’s how these deals are done.  So I would say we authorize the Mayor to sign it; she can sign it when you give it to the escrow agent tomorrow and then, hopefully, everything else comes together on Thursday.  If it doesn’t they give it back to us.

COUNCILMAN CHOVAN – And just to clarify, you mentioned, just to clarify it for the general public later, if there’s any default by Mr. Helline’s group to Chase Bank, they would mainly step into the parking garage in place of Mr. Helline (yes).  It would not affect any of our current revenue or any of our…they would be our new partner?

PERRY STERGIOS – Yes, that would be an easier way of putting it.

COUNCILMAN CHOVAN – Yes, I guess it would be easier.  That’s all I have as far as questions.  Does anybody else?

COUNCILWOMAN SCASSA – Yes.  Considering we were given this and told that it had to be done in a reading and then we were told it was cold.  I mean, we haven’t really had any discussion about it, I mean I know that we’ve been talking about this, generally for the past year or so.  But I guess my question to you and you sort of answered it, they’re getting ready to close?  I mean, I don’t know about anyone else, but we’ve just been told that it’s like rush and then put on hold.  So I guess where are we at exactly?

PERRY STERGIOS – They’re supposed to close on Thursday.  That’s what the lawyer told me on Friday. 

COUNCILWOMAN SCASSA – Okay.

PERRY STERGIOS – And I think, don’t quote me on this, but part of the reason they set it for Thursday is they knew third reading was tonight and figured that they would have an answer.  I might be reading into it, that part of it, but that was sort of what I assumed.

COUNCILWOMAN SCASSA – Okay.

COUNCIL PRESIDENT TOWNSEND – Councilman Stinson.

COUNCILMAN STINSON – If it doesn’t close on Thursday, will it come back before us for us to go through the process again or…

PERRY STERGIOS – Only if something changes.  I mean, in reality they have until March 2015 to come up with the money.  So, these documents are signed and nothing changes, if they come up with the money next week, next month, there’s no reason; I don’t think we need to act again because our deal is we get 1.4 and everything else basically stays the same which is what we’re approving tonight.

COUNCILMAN STINSON – Why are we giving them so much time?

PERRY STERGIOS – Because that’s the agreement that we approved in April

COUNCILMAN STINSON – Right.

PERRY STERGIOS – They have until March 2015 to come up with 1.4 million and we would accept it.

COUNCILMAN CHOVAN – That’s why I wanted to clarify that even if it takes until March 2015, we’re not releasing; no documents are going to be filed with the Recorder that would release any claim that we have until that money is there.  That’s why I called Perry up just to clarify that.

PERRY STERGIOS – I think part of it is they didn’t want us to go through passing all this until they’re ready to close.  It’s what comes first, the chicken or the egg?  They didn’t want to ask us to pass this and then wait until March to give us, I mean the sort of have the money together in a logical real estate world. I mean they’re ready to go and I take them at their word on that.  Something could still go askew and if it does, well then they give the stuff back to us.

COUNCILMAN CHOVAN – Are there any other questions for Mr. Stergios about this?  Thank you.

PERRY STERGIOS – Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan, you still have the floor.

COUNCILMAN CHOVAN – Thank you.  If there are no other questions, I would like to bring Ordinance No. 109 – 2014 forward for a vote.

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

            Vote of 7 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 109 has passed.  Ordinance No. 110.
           
ORDINANCE NO. 110 – 2014             BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to establish a Section 108 account with HUD as designated by HUD and to execute any and all documents necessary to cause said defeasement, collateral substitution and funds transfer.

            COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  This is the other piece of legislation that the Law Director just referred to.  Once the Mayor establishes this account with HUD, that will tell us where we are to wire the money to or the First American Title Company should wire the money to to take care of defeasement of the bonds.  Are there any questions about it?

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Essentially then, a portion of the payments or bond payments that we have been making every year will be coming out of this account?

COUNCILMAN CHOVAN – Right.  We still have the entire rest of the money that’s owed to defease the bonds totally, but out of that 1.4 million is what will be coming from Chase Bank and it will be put into this account.  And they will tell us, at that point, I mean if it’s the 1.4 that gets paid first or the City has to pay something in addition to the 1.4, they’ll set up a defeasement schedule based on whatever type of contract they want sent.

COUNCIL PRESIDENT TOWNSEND – Are there any more questions?  Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Refresh my memory; when we passed this, I thought we set the defeasement schedule then?

COUNCILMAN LEWIS – I believe we did as well.  We discussed three (3) or four (4) different options.

COUNCILWOMAN DEL RIO-KELLER – Which I think this account will do the same thing; it’s just a pass thru, I think.

COUNCILMAN CHOVAN – Well, I mean in my understanding it would be.  I mean, we already know how we want to defease it, but you have to have the account set up so that you can receive the money into it and execute the defeasement by whatever the instruction is.

COUNCILWOMAN DEL RIO-KELLER – Okay.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Mr. Marcus, did you want to say something?

LARRY MARCUS – Again, I think in Work Session we did try to address it a little again.  This is, again, just to separate that 1.4 million from the General Funds, just separate the 1.4 posting into a separate account.  Again, this is a bond that cannot be prepaid; we have to make these installment payments as scheduled through the remaining five (5) years in this bond.  Because we have bondholders out there carrying this bond, we have to follow the scheduled payments that are on scheduling.  And though we’re receiving proceeds, now we need to keep this in what is called a bond reserve payment.  We have to make these scheduled payments ongoing, I mean there are payments scheduled twice a year.  This allows us to do that and sets up the vehicle for that.

COUNCILMAN CHOVAN – Thanks for clarifying that.

COUNCIL PRESIDENT TOWNSEND – Are there any more questions?  Councilman Chovan.

COUNCILMAN CHOVAN – Thank you.  I move that we bring Ordinance No. 110 – 2014 forward for a vote.

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

Vote of 7 yes for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 110 has passed.

15.       SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 111 – 2014             BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Dorian Heck to provide an economic development “inducement grant” to assist the business in renovation expenses at 39 Lincoln Way East, and declaring an emergency.
           
            COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Second reading, Mr. President.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 111 has received second reading.  Ordinance No. 115.

ORDINANCE NO. 115 – 2014             BY:  FINANCE COMMITTEE

AN ORDINANCE appropriating funds from the unappropriated balance of the Economic Development Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Second reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 115 has received second reading.  Ordinance No. 116.

ORDINANCE NO. 116 – 2014             BY:  POLICE AND FIRE COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive bids for the lease/purchase of up to two (2) police cruisers for the City of Massillon Police Department for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  I’d like to amend this ordinance tonight.  The original legislation request called for a forty five (45) day window in which to get these bids after Council passed it and it was never put into the actual language of the ordinance.  Mr. Lewis has the wording in front of him, so would you mind saying what the request had on it.

COUNCIL PRESIDENT TOWNSEND – Before you start…

COUNCILMAN CHOVAN – Yes;

COUNCIL PRESIDENT TOWNSEND – Okay, go ahead Councilman Lewis.

COUNCILMAN LEWIS – It essentially just said that the request for sealed bids would be received back to Council within or before forty five (45) days of passage.  So, that forty five days would be October 17, 2014, from today, so, I recommend we make an amendment saying that the sealed bids would be presented to Council on or before October 17, 2014.

COUNCIL PRESIDENT TOWNSEND – And you will make certain those statements are included.  Could you forward that to the Clerk?

COUNCILMAN CHOVAN – Yes.

COUNCILMAN LEWIS – Do you want me to e-mail that to you? 

COUNCILMAN CHOVAN – Yes.

 

COUNCILMAN LEWIS – O kay.  The original legislation request does have that language in there; it just says forty five (45) days we would supplement the forty five (45) days for October 17, 2014.

COUNCIL PRESIDENT TOWNSEND – Okay, let’s go ahead and reverse; you need to make a motion to make amendments.

COUNCILMAN CHOVAN – Right.  I move that we amend Ordinance No. 116 – 2014 to add the wording that we need to have the sealed bids presented to City Council by October 17, 2014.

COUNCIL PRESIDENT TOWNSEND – Thank you, and seconded by Councilwoman Del Rio-Keller.  Roll call to amend Ordinance No. 116.

Vote of 7 yes to amend Ordinance No. 116.

COUNCIL PRESIDENT TOWNSEND – Okay, it reverts back to first reading.  You still have the floor.

COUNCILMAN CHOVAN – Yes, I make a motion that we amend and it reverts back to first reading.

COUNCIL PRESIDENT TOWNSEND – Right.  It’s first reading unless you motion this to suspend the rule or you just say first reading.

COUNCIL CHOVAN – First reading.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you.  Ordinance No. 116….

COUNCILMAN LEWIS – Hold it.  If we go to first reading then the October 17, 2014 date is meaningless.

COUNCILMAN CHOVAN – Well then, let’s have a little discussion tonight because I’ve got some information.  Let me discuss this for a minute.  Because you’re right, I didn’t think about that.  I had some discussion with Sharon Henderhand about this.  If we want to lease police cruisers, that is a long term debt that would have to come before the Fiscal Recovery Commission and in her opinion, they would vote “no”; not to allow us to lease.  She did say that if the City wants to buy cruisers, on the bucks, using our Bureau of Worker’s Compensation readings, we need to submit a revised Fiscal Recover Plan.  Because there’s only a seventy five hundred dollar ($75,000) capital outlay in the Police Dept. budget and it would not allow us to use that money to purchase the cruisers outright.  So, we would have to, basically, amend the budget and submit a new fiscal plan to actually buy the cruisers rather than entering into a lease obligation.  She said that that’s not a good deal, but that is a process that has to be followed.  So, even if we get the bids in here by the 17th, there’s a lot more that has to be done before something could actually be purchased and I just want you to be aware of that.  Just because we get a bid in here on the 17th, it doesn’t mean that we could rush right out and spend the money to do this.  There’s a chronology of things that have to happen before we could consider doing.  So, I will then ask that we waive the rule of requiring three (3) readings and bring the amended Ordinance No. 116-2014 forward for a vote today.

COUNCILMAN LEWIS – Okay.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Del Rio-Keller.

COUNCILWOMAN SCASSA – I have a question?

COUNCIL PRESIDENT TOWNSEND – Sorry.  Councilwoman Scassa.

COUNCILWOMAN SCASSA – I just want to clarify for my own thinking.  Sending out to bid, is there a cost involved?  I mean, I know that when we send out bids and we have to publicize it….

COUNCILMAN CHOVAN – There wasn’t when we did the last cruisers.

COUNCILWOMAN SCASSA – Okay.

COUNCILMAN CHOVAN – And actually, I mean, as far as the bid goes, what we’d really like, I think, instead of cruisers, to look at the Ford Explorer type vehicles like the State Patrol uses and some other agencies use.  You can get these through a state dead list and we can go to different people who supply them.  But, we’re basically looking at purchasing them on a State contract.  The bid would come in for outfitting them with anything that’s not part of the interceptor package that comes with the vehicle.  So, there would be a price to the vehicle and then any other things that we needed to put into there…similar to what we did with the two (2) new cruisers we got this year, that’s really what would be out to bid to other organizations, as I understand.  Did that answer your question?

COUNCILWOMAN SCASSA – Yes, I mean, I have no problem sending it out to bid if it’s to gather information to see what’s the right course and the obligations that we have to the fiscal commission.  But, I mean, if sending it out to bid is going to cost us any money, I don’t know if that would be prudent.

COUNCILMAN CHOVAN – No.  I mean, it hasn’t cost us before and we’re going through the same process.

COUNCILWOMAN SCASSA – That answers my question.

COUNCIL PRESIDENT TOWNSEND – Any other questions?  Okay, you made the motion to suspend, Councilwoman Del Rio-Keller gave a second; so roll call for suspension.

Vote of 7 yes for suspension

COUNCIL PRESENT TOWNSEND – And for passage.

Vote of 7 yes for passage

COUNCILMAN PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 116 has passed.

 16.      NEW & MISCELLANEOUS BUSINESS

            COUNCIL PRESIDENT TOWNSEND – Okay.  Councilman Lewis.

COUNCILMAN LEWIS – I would like us to be able to take an opportunity to see if there’s any remarks of the delegation in #17, but, immediately after that to go into Executive Session to discuss the Council Clerk position.

COUNCIL PRESIDENT TOWNSEND – Thank you.

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

COUNCIL PRESIDENT TOWNSEND – Okay, we have arrived at No. 17.  This is the section of the agenda for anyone who would like to speak on a topic that did NOT appear on tonight’s agenda.  If you’d like to speak on anything, please come to the microphone at this time and give your name and address and the topic you’d wish to discuss.

CONCERNED CITIZEN – My name is Amy Jones.  My address is 26 Woodland SE, Massillon, Ohio  44646.  The topic I’d like to discuss is speed limit signs.  Now, if you’re on the road and the speed limit sign say 35 and on the other side of the same road there is no speed limit sign; would you assume that both sides of that road is 35, sir?

COUNCIL PRESIDENT TOWNSEND – No, I would not.

AMY JONES – No, you would not.  So, if you’re on this side of the road and you’re going this way and the speed limit sign says 35 and you go down there and you pick somebody up and you come back up the road, this way, on the same road; you’re not going to go 35 again?  Is that what you’re telling me?

COUNCIL PRESIDENT TOWNSEND – Well, maam, this is not a question and answer session, but I did get wind from the Councilmember about this situation and I would just like to add that one way you’re leaving the tracks and you go into the 35 mph zone.  The other way, you’re going down, you’re going into a totally different area; you run into the tracks, you run into a business where people are coming out, so that could be the discrepancy, I’m not sure.  You may want to speak with the Safety Service Director.

AMY JONES – Which is?

COUNCIL PRESIDENT TOWNSEND – Mr. Al Hennon.  He’s not here tonight and I don’t have his phone number, but your Councilman may have it.  You can speak with him after the meeting.  If he doesn’t have it, you can get it from the Interim Council Clerk.

AMY JONES – Okay, thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?

COUNCILMAN LEWIS – I’d like to make a motion that we enter into Executive Session with all members of Council including the Council President for purposes of discussing personnel.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Del Rio-Keller.  Roll call to enter into Executive Session.

Vote of 7 yes to enter into Executive Session.

Council entered into Executive Session – 8:10 p.m.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis, I need a motion to exit Executive Session.

COUNCILMAN LEWIS – I move that we exit Executive Session.  Seconded by Councilwoman Del Rio-Keller.  Roll call to exit Executive Session.

Vote of 7 yes to exit Executive Session

Council exited from Executive Session – 8:25 p.m.

 18.      ADJOURNMENT

COUNCIL PRESIDENT TOWNSEND – Okay, we have exited Executive Session and entered into Council.  Councilwoman Starrett, I need a motion to adjourn.

COUNCILWOMAN STARRETT – I make a motion that we adjourn.

COUNCIL PRESIDENT TOWNSEND – Seconded Councilman Stinson.

 

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DIANE ROLLAND, INTERIM CLERK OF COUNCIL

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TONY M. TOWNSEND, PRESIDENT

 

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