MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, OCTOBER 6, 2014

 

COUNCIL PRESIDENT TOWNSEND – Welcome to the Massillon City Council Meeting for Monday, October 6, 2014.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Services Director, Al Hennon, Auditor, Jayne Ferrero, Deputy Auditor, Debbie Bonk, Law Director, Perry Stergios, Chief Engineer, Keith Dylewski, Community Development Director, Larry Marcus, Park & Recs Director, Doug Nist and Income Tax Director, Ken Koher.  On the wall to your left are agendas for anyone who wishes to follow tonight’s meeting.  Also if you look at that 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 the agenda.  I want remind anyone with cell phones, please turn them down or set them to vibrate. 

  1.       ROLL CALL

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

Roll Call of 9 present

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  I would like to recognize Councilman Milan Chovan for tonight’s invocation and pledge of allegiance.

  2.       INVOCATION

COUNCILMAN CHOVAN - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILMAN CHOVAN – Chairperson of Police & Fire 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.  The minutes stand 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 the topic you want to discuss. 

JOE BLEAU – 2050 Cyprus Dr. S.E., Massillon, OH.  Thank you, Mr. President, City Council members for allowing me to speak. I have a paper for City Council and the President, if I’m short a copy, let me know.  I’m giving you the long version; I’m only going to speak on highlights of this to talk about the golf course legislation that will be proposed tonight.  I moved to the City of Massillon voluntarily.  I wasn’t born here or raised here, I didn’t go to school here.  I came here because I like this city.  I came here because I like the small town atmosphere, I like the fact that small town America is America.  People working together in a small town to create something great.  What I found out not too long after that was it’s a city vastly divided.  A city that fights with itself.  A city that doesn’t see; doesn’t have the vision to pull things together the way they should use the resources that they’ve got.  The Legends of Massillon was once a trophy on a mantel case for the City of Massillon, it was.  It was something as a bright gleaming trophy and it can be again, but nobody’s paying attention.  The Legends has been abused, it has been robbed, it has been violated and now it’s being adulterated in the worse manner whatsoever.  And I’ll prove it to you.  But most importantly, I’m going to show you, I’m not one of those people that stands up here and points fingers at anybody, but I’m going to not only show you where it’s being abused, but I’m also going to offer you a solution.  The solution is outlined in there, when you get to the latter pages of it, you’ll see it.  There’s two (2) real and incredible and local solutions to this problem.  But the course did well until Parks & Recreation took it over.  Now the City cheated, somewhat as Jerry, the accountant that has been up here before.  They took $185,000 worth of depreciation every year for the first seven to ten years without replacing anything.  The place is bereft of equipment that will operate.  Believe me, some of the experts that you got advising you what to do with this golf course, are looking for jobs because there’s no hope; they’ve been robbed.  There’s no hope for them whatsoever on the current course.  The Parks & Recreation Dept. is filled with, or the Board is filled with people that don’t know anything about the golf course.  They don’t want to have anything to do with the golf course.  How could the city managers put people like that in charge of the one thing in this city that is capable of bringing people in from long distances?  It does.  It did and it will in the future.  They come up regularly from Columbus, Mansfield, and Pittsburgh and if you don’t believe me, check the logs at the golf course, check the hotel registries for the groups that come in.  People come long distances to Massillon to play that course, as it is today.  They don’t come for reduced offerings.  It’s been stated at Park & Recreation Boards, if you’ll remember at the last Council Work Session, they told you we need to cut this down to 18; not to hurt it but to save it.  That’s what they tell you.  They have told us at the Parks & Recreation Board meeting, and I hope it’s in the minutes, but they have told us time and time again, brace yourselves residents because we’re going to close down 9 and the other 18 is soon to follow.  That’s who we have managing this trophy, this thing, this business entity that could make you money and it’s being abused.  They told us last week there are over a hundred courses that closed in the United States.  You know what; I hope there’s ten courses in Stark County that close.  They showed it being a bad thing, it’s not.  If you own a golf course, it’s a good thing.  Because the market is limited.  They also tell you that there’s over a hundred golf courses that close, we should close ours too.  We should jump on that band wagon.  Is anybody here that have a restaurant or involved in a restaurant business?  You know how many restaurants close every month?  Yet restaurants keep opening and people still operating restaurants; it amazes me because everybody’s closing so you should too.  This doesn’t make sense.  It’s not a good business decision, they showed us a film where Jack Nicklaus says that he hasn’t built any golf courses in the United States since the 1990’s.  No kidding; it’s the economy.  It’s not the lack of golf.  The other thing I want to bring up is that in the early 2000’s, Jason told us that there were expenditures for fertilizer, herbicides and this kind of thing.  You know what, and there haven’t been in the last five or six years ‘cause they do all their accounting in one big pile.  How do you manage a business this way?  It’s not being run as a business, how can you expect it to survive as a business?  They haven’t had a manager since 2007; you have got to find a manager.  Here’s some of the basic facts for you, some of the things that Jason hit on, but I’m going to extend them.  I’m going to use really simple math.  I’m a business consultant, I’m not an accountant.  They claim we’re going to save $60,000, that’s $40,000 on maintenance, fertilizer, chemicals, whatever it’s going to save and then we’re going to save $20,000 on carts.  So, we’re going to save that.  If you take their numbers and that is 32,000 rounds of play, I happen to have evidence that shows a lot more, but let’s use their numbers.  32,000 rounds of play divided into roughly a million dollars’ worth of income every year for the past how many years, we come up with $31 per play.  So, take the State Auditor’s report where all peer review cities have 18 hole golf courses, they have less than 20,000 rounds, I’m doing simple math here.  That’s a loss of about 10 – 12 thousand rounds of golf a year at $32 or $31 per round, you do the math.  We’re going to lose $310,000 worth of revenue that in the golf course business is nothing more than pure profit; to save $60,000.  Now, is that a good business plan or is it a plan to further shut down the golf course?  There’s all kinds of things on there, you’ll see that in the Auditor’s Report they state an incident where the city of Toledo; their golf course was losing $173,000; it’s in the report and I offer you the documentation to prove it.  They were losing $174,000 a year.  They brought in professional golf course management and the course is now making a turnaround of $700,000.  Is it worth doing?  When you ask Parks & Rec about hiring a professional company to manage it, they said, look its $80,000 in expenses.  They don’t get the picture.  You bring these people in to make you money, not to cost you money.  The fact of the matter is the golf course can make you money.  Now they also plan on selling that North section that you all have a map for.  In there is documentation, quotes from the deed from the State of Ohio and I have brought this to Parks & Rec, they brush it off and tell me that I don’t know what I’m talking about.  Read the deed.  The deed says and I’m not quoting here, I quoted it in there for you, the deed specifically says that in perpetuity, this land cannot be used for anything other than education, health care or recreational use.  They’re going to sell it for commercial use, great.  Has anybody looked into what they’re going to sell for commercial use?  What developer is going to buy that land?  The City already turned down or the Parks & Rec or however, already turned down someone who wanted the McKinley Hall for a haunted house.  They turned it down because of asbestos abatement.  The other big buildings up there, I’m sure are full of asbestos and hazardous chemicals.  What developer is going to buy that land for $18,000 an acre, deconstruct those buildings that deal with hazardous waste?  Nobody.  Also, there’s nobody engaging the community.  You bring in a business man in order the build the community, they’ll bring in the community, and they’ll activate things.  There’s a plan in there, or a short sentence or two (2), on how to eliminate some of the vandalism that goes on on the North course.  This is real; you activate, you energize the community instead of using this as a whipping post.  That’s what has been done, but, please, read my words there; I won’t take up a lot of your time, but it’s real.  These are facts and I give you documentation to substantiate it in that document.  I thank you for your time.  I would also challenge you as I have the Parks & Rec Dept. when they told me about the changes and I was at the meeting with the other homeowners, they said, I asked them.  So, along with these other changes, what are we going to do to change management?  How are we going to manage better?  Their thing was, “we’re not”.  Jason’s a bright guy, he’s an accountant, okay.  You’ve had an awful lot of people in here; you had a golf course architect and everybody in here.  They’re all missing the point.  You hire a professional golf course management or a professional business person to come in.  The golf course has plenty of play.  The problem with the golf course is we’re not generating the revenue that we need from the people that do come.  I cite in there Warrior Golf Properties.  They just went into an agreement with the city of Pella, Iowa, on Bos Landen Golf Course who is another premium golf course; was in trouble, but the city realized that they didn’t know how to run a golf course after ten (10) years.  So they brought Warrior in.  They were getting about $24 per rental, on average.  Warrior came in, changed it, they made it hospitable.  They made it a good thing for people to visit.  They increased the food and beverage business; they now get $55 per round.  Do the math.  Substantial amount of money that does pay the bills.  The golf course is an asset.  Thank you and God bless.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  I would like to remind everyone that you have three (3) minutes to speak.

DAN THATCHER – 2073 Championship Cir. S.E. in Augusta Lakes.  I’m going to be very brief.  At the end of the presentation last week, Councilwoman Halter asked about were we involved in the process of making that decision, and I was sitting in a place where I could not hear the entire answer, but, I’d like to give our opinion of that answer and the short answer is “No”.  We read about it in the newspaper.  After we read it in the newspaper that the course was going to go to 18 and it would be the original 18, then we started our process of trying to get involved.  We were stiff armed, we were snubbed and we were basically told to go home.  Then at the end of the meeting, they said, well if you guys want to come back with a proposal that at least breaks even and things like that, we’ll listen to you.  So we made a fairly elaborate presentation and went back and had some discussion, gave our presentation which was basically like what we gave here a few weeks ago.  At the end of that, one of the Board Members asked Mr. Nist, “Who has the final say on this?”  And Mr. Nist said, “At this time, from what I know, you guys do”.  And they said that’s enough for us, we don’t even want to look at this, we’ve already voted 5 to 0, case closed, we’re going on with what we had.  So we were turned away.  So, then we go to the Mayor’s office for a meeting with a group of people, Mr. Nist couldn’t make it, so Greg Mytinger sat in for him who should have taken this message back to those guys and the consensus from that meeting was we should slow things down, get some outside input to guide us and see is it worth going to 18, should we stay at 27, things like that.  Obviously that message was heard with deaf ears as well.  Then we made a presentation here a few weeks ago and we kind of thought that might stir some action on their part to at least get some other opinions, ask us about some things; we’ve had some good ideas.  Joe just here gave you a mess of them.  And that was kind of just slow.  So, last week we come in and found out that after everything that we’ve through and the meeting with the Mayor’s office and everything, these guys still want to go full ahead, still want to shut down to the original 18 and negatively affect all of our homeowners property values.  And not to mention the ones that Mr. Smith’s company, Jadda Development Corp., could be building in the future.  And I stand here kind of embarrassed for Massillon to know the way that Mr. Smith was treated in this whole thing.  He was basically told to sit down at one time.  They kept interrupting his talk and that man has done a lot for this city with several developments that fit the landscape of the areas that he put them in.  And for him to be treated that way, I was ashamed of it, I really was.  And then, finally, I think it was Councilwoman Starrett that asked about their proposal for holes #4 and #5 on the East, about the sod and this and that and everything; and I could hear that answer.  The answer was “we’re going to leave those two (2) the way they are; there just won’t be any golf activity.  And that they would be used for sod and stuff like that.  Well, after we’ve been misled and everything else that we’ve been…the way we’ve been treated, I’ll give you my answer on that.  My answer is that if we do go back, if you let them go back to the original 18, those holes will fall under their day to day management of the golf course and you won’t have anything to say about it and as soon as that happens, they’re going to use the green and small piece of fairway for sod and the rest of that is going to grow up.  And then, if and when they do get a chance to sell the South, we’re going to have a maintenance shed right in the middle of those two (2) home properties, right between Augusta Lakes and St. Andrews.  And in my opinion, the way they’ve treated us, that’s certainly going to happen and I don’t think any of you want that before us.  So, I guess what I’m asking is similar to what Joe asked is that you guys take your time through this process; don’t necessary fully believe one side or the other.  Form your own opinion, but I would like to offer our assistance in kind of giving our side of the same questions you’re going to have because it’s apparent that we both have different sides of where we think this is coming from.  And just the way that we have been treated so far, I don’t trust them, whatsoever and we hope that you guys include us in your decision making process.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.

KIM STANGELO – Thank you for letting me speak.  I live at 2105 Championship Cir.  Tonight I passed out a little map.  First of all, I want to make it clear; I am not for this at all.  I just wanted to use their (Parks & Rec) map.  I highlighted…if you look at the lower right hand corner, that’s where I’m concerned with and a few other neighbors in Augusta Lakes are concerned with.  What I would like to do is invite every one of you to come out to this area so we can show you what we have to put with and what we’re going to have to put up with if they go to this, okay.  My number’s on the bottom, please call me at any time.  We can set this thing up.  Like the other people are pissed off about is, yes, we do have some distrust.  Right now, we’ve been asking over the last few years, I’ve lived there eight (8) years, over the last few years, we’ve asking about certain things to be cleaned up around the pond.  Sometimes we get some things done, sometimes we don’t.  And always their excuse is the budget; we don’t have the time; we don’t have the money; we can’t do this; we can’t do that.  So, if they go to that tree farm and that walking path at the other end, up at the Northern end, it’s not going to be any better.  That area where they talk about the park and the walking path, that was designed for golf carts.  That was designed for people to ride their cart around during the day; at night, no golf cart; nobody out there.  They open that to a park, now you got people walking all kind of hours; we don’t know.  We don’t know what’s going to happen and those are really close to the village or the condos up in that area.  That’s why I would like to invite you out to our neighborhood and I will be personally show you or I’ll get somebody else to show you around and show you what we’re talking about.  So please give me a call and we can set something up.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you. 

JOHN GRAVEN -  Good evening, thank you for the opportunity to speak.  I live at 2125 Championship Cir. S.E. in Augusta Lakes.  I moved to Massillon by choice.  I’ve been an employee of Massillon City Schools by choice, thanks to Al, it’s a great opportunity.  My family through my Mom’s side, has had a long connection to Massillon.  My great-great grandfather was the first Marshal of Massillon.  My great grandfather did the stone work at St. Mary’s.  My grandmother lived next to Paul Brown and tutored him in Latin.  And her comment always was “great football coach, but didn’t know Latin”.  My comment tonight would be regarding the Park & Rec Dept.  They’re not honorable in their dealings with the residents of the area.  They told us to come up with alternative proposals, we did; four (4) of them, four.  And they sat at the Park & Rec Board meeting and said that we’re not looking at any of them, we don’t care.  That’s not honor.  They’re not competent enough to run a Park & Rec Dept.  For ten (10) years, a hundred twenty thousand ($120,000) was listed as office supplies and in ten years, none of them ever questioned that.  That was fertilizer and supplies for the course.  We spent forty-five (45) minutes one night at the Park & Rec meeting that they didn’t know that the concession stand wasn’t being run and everybody laughed and said “we heard that there isn’t one, thank you, sir”.  Come on, that’s a big money maker and didn’t know it.  We talked about auctioning off some of the land down in the South part of the course.  Even if you get around to deed restriction, Mr. Nist, like we said, there are two (2) buildings there that would be part of the auction.  Where are we building the building if it goes?  Who’s paying for that?  So, some of that money that they’re going to make, supposedly make, is going to have to be used for something.  Really?  Who’s going to pay $20,000 an acre for down there at an auction?  As a developer, if I were thinking of that, do you really think I would want to develop anything down there when the honor or dishonor of the Park & Rec Board, that you develop property and then they turn around ten (10) years later and again say, “well, they’re closing part this down too”?  I wouldn’t want to spend the money.  I can’t imagine how Mr. Smith feels.  Mr. Nist talks about the vandalism at the North course and he did acknowledge there are other parks in Massillon that are being vandalized.  Are we closing those parks because they are being vandalized?  And when you’re stealing plumbing out of buildings, that’s major vandalism.  And his comment is “well, we try to report vandalism”.  Really, come on.  The State Auditor said we have too many parks, that’s not up for debate.  But they did say bring in a private management firm, the other places they cited made money.  One of the other things that they said is that we have too many administrators in the Park & Rec Dept.; by a long shot, we have too many.  Jason did a great presentation and this is not to disrespect any people on that Board, but let’s be real.  He’s a CFO for a hospital.  I don’t think that there is any one (1) person on that Board, let alone all five (5) of them together, that are capable of what he has in the knowledge basis of finance.  Mr. Nist talked about the Senior Center last week.  Okay, move them over to the Rec Center.  They’re $80,000 in the hole every year.  That’s a lot of money.  I can go to the Senior Center, only charge $8.00 per year for membership; up the membership fee; put them in the Rec Center, maybe some of them will even join the Rec Center.  And it what really occur to me is we want to close the course where residents live, but we’re going to run a Rec Center that’s open to every senior citizen in Stark County.  So I’m subsidizing senior citizens who live in Canton or Louisville and they said, well, we don’t have that many; I don’t care how many.  We don’t want to subsidize the course, but we’re willing to subsidize residents throughout the area?  The last thing that bothers me is that Mr. Robinson, their own architect, stood here and said all the disadvantages of keeping these 27 holes open, but he did turn around and say he could redesign the course at a minimal cost to make everybody happy.  But they could make it down to 18, but keep all the holes around the course open and the homeowners open.  We talked about the North course, somebody’s got to maintain that.  We’re now going to have a pond that few people are going to be around.  What happens when a kid falls in it?  We talked about saving money by closing the court by fertilizing, but Mr. Nist says we’re going to do part of the course mow, watered and fertilized for a sod farm.  We’re saving $50,000 a year on seven holes?  I find that hard to believe.  I appreciate your time and I hope that people think carefully before they do this.  This is an important event of the City of Massillon and it has long term repercussions once they destroy the course, they can’t bring it back.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you. 

FRED DISS – I live at 1985 Augusta Cir. S.E.  On a daily basis, there are more seniors that pay and play golf at The Legends on a daily basis.  That’s all I have to say, thank you.

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

GERRY MALESKI – I live at 2013 Masters Point Cir. S.E.  I want to add something to what Joe had opened with.  I’m new to Ohio.  We didn’t move here until 1986 and we moved into Jackson Twp. and lived there from 1986 to 1999.  And going to Jackson I always notice that the people in Jackson were down-right nasty with the residents of Massillon and I couldn’t understand it.  We moved away from 1999 to 2005 and when we moved back, I moved into the house we’re living in today.  And I got a chance to live here for, I guess eight (8) or nine (9) years.  And the thing that amazes me is the amount of bickering and fighting inside Massillon itself.  I used to think it was a close knit community, but it’s not.  You’re at each other’s throats all the time.  One side can’t be happy with the other side.  The Mayor’s office can’t talk to Council, Council can’t talk to the Mayor’s office and there’s this big run around.  And my concern, again, is property values.  When you look at our property values talking to any realtor, I’ve talked to several, we’re probably going to be affected by 10, 15 maybe 20 percent decline in the value of our property.  At this point in my career, I can’t afford it; I don’t have many more years here, you know and have to take a beating like that.  But what I want to add into now is again, I’m going to get back to the Parks & Rec Board.  I’m totally amazed that you’re allowing five (5) individuals that have a total lack, from what I can see, of either business or management expertise to make decisions that are going to impact a part of the community in a very negative manner.  The last meeting that I went to for the Parks Board, their goal is to save $80,000 a year, I believe.  And they’re going to do that by not buying fertilizer, not buying as much fertilizer and by not renting golf vehicles for the course.  They didn’t mention what it is going to cost them to redo the course to get to that original 18 holes.  There has to be a cost.  That never came up in any of the conversation.  Have they mentioned it to you?  I’m thinking it’s probably going to be a hundred or two hundred thousand dollars to move the earth around, I don’t know.  But it would be interesting to know that figure.  If you’re trying to make the move, I’d certainly like to know what cost would be.  Also, during the last meeting, the talk had come up whether they had talked to any of the other local courses like the one in Cuyahoga Falls, with the one in Akron that are owned by those cities, to find out what they’re doing, if their play is up for the last couple of years or if it’s down and the answer was “no, they haven’t”.  I play a lot of golf and we travel all over and I’ve played both of those courses in the last two (2) months.  At both courses, play is up, the last couple of years.  At both courses, they’re making money.  Well run, nice courses in great shape.  It might have been interesting if somebody from that Parks & Rec Board would’ve had the…I don’t know.  They should have talked those courses to find out what’s happening and what they’re doing and what we’re doing.  Here’s one that’s going to blow your mind.  At the last meeting, they didn’t have any idea of what was in the State Auditor’s report.  They had to ask one of your councilman what was in that report.  They had no idea.  You spent $25,000 to have an outside company come in and look at the facilities in the City of Massillon to give you some ideas on how to run it more effectively and they didn’t read the report.  Do you find that interesting?  I do.  Never considered the citizens proposal.  Took our time, got some information, took it to them, took it to you and asked them to just consider it.  They didn’t consider it.  They voted 5 to 0 the meeting prior to close the course and that’s what they’re going to do, close the 9 holes.  And as someone already mentioned here, that’s the first stage.  The head of the Board told us that is the first stage.  They are going to close that course; bottom line.  Are you aware of that?  I don’t know who assigns the members to sit on the Parks & Rec Board, but my question is in the future as you appoint members on that Board that are going to make decisions that impact the community, I would hope that you put people on there that have management expertise or business expertise so they know the impact of how different programs could affect the entire community.  And again, I thank you for your time and sorry for the length.

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

JEANNE APPLEBY – Good evening ladies and gentlemen.  I live at 975 Lincoln Way N.W., Massillon.  I want to start from the origination of the Parks & Recs Board.  When we voted for the Parks & Recs Board, we were told, point blank, that the golf course would never be in the Parks & Rec Dept.  Now we have a dilemma.  Somewhere along the line, without the citizens being allowed to vote, the golf course was put under the offices of the Park & Rec Board.  I am a member of the Massillon Recreation Center, have been a member since it was opened up.  Have thoroughly enjoyed the program until recently.  I am also now a member of the Massillon Senior Center which I have been for a number of years.  I am very distressed in the fact that you now want to close an area, where myself and a lot of the rest of us go as senior citizens to take part in the activities that happen there.  I sympathize with the people who live by the golf course.  They’ve been dealt a bad deal also.  But so have the citizens of Massillon.  We never voted for a golf course and our Massillon Recreation Center.  Because of that, our Recreation Center has deteriorated.  I started water lifts in the mornings for senior citizens at the Rec Center.  When we started, we had twenty (20) people coming to that class.  Now, for the last three (3) sessions, we have three (3).  One of the reasons is, the water’s too cold, there’s always happening to the pool.  So therefore, not only is the Recreation Dept. slacking on the golf course, but they are on the Recreation Center.  You’re going to lose; I am no longer going to renew my membership because it doesn’t pay me to go.  And the one thing my problem is, I have to have warm water; I have very bad arthritis.  Now I belong to the Senior Center; now you want to take my Senior Center away from me.  How many of you have ever come to the Senior Center to see what goes on at the Senior Center; what we do?  We have three (3) floors.  We use them a lot.  Once again, I’m an older person, so you want to take that away from me.  I spend a lot of time at the Recreation Center, I know where everything is down there and as far as I’m concerned, there is no room for what we do in the Recreation Center; it’s not possible.  I’m just asking you, I’m not against the people down there, I feel bad.  We’re all getting a raw deal, all the way around.  No matter what happens, excuse me for using the language the kids use it, “somebody’s going to get screwed”, no matter what.  I feel sorry for everyone involved.  I agree with the gentleman that says the Park & Rec Board has been mismanaged for years.  You try to get answers; it’s like being on a merry-go-round; you go round and round and round and you get nothing.  It’s up to you people to correct this situation.  You’ve made it, now we have to suffer.  I would very seriously want you to come to the Senior Center and find out what we do.  Because we use it, it’s a place where we can go.  If it’s hot and you don’t have air conditioning in the summer time, you can go to the Senior Center.  We play cards, we all belong to Senior Chorus, we go out to sing to all nursing homes in the area.  There’s a lot; we have ladies that make quilts, lap robes; we do a lot of things for other people in the community.  If you close us down, we’ll have no place to do that.  We’ll suffer and so will the community suffer.  Thank you very much.

COUNCIL PRESIDENT TOWNSEND – Thank you.

PETE RINK – I live at 2085 Championship Cir. S.E.  I don’t know where to start because everybody’s gone over quite a bit and you don’t want to keep hearing the same thing, so I’m going to skip over a lot of things that I was going to say.  My heart goes out to the lady that was just up here speaking, for one reason only this is very good political move on the park system to put up the Senior Citizens Center, the parks and all this has a ransom in order to do what they want to do and nothing shoved down our throats after we’re asked to give the Park Board asked us to do a presentation, and we did.  Turned out very good, however, we were told flat out, hey, waste of your time, you’re on your own.  Very disheartening with that Board.  I think it’s dysfunctional, to say the least.  I can think of a lot things to touch upon, but the Park & Rec Board does not consider us as property owners, period.  Nor any solutions that we may have because it doesn’t result in any savings.  $64,000 savings that the golf course Parks & Rec’s says it’s going to save by closing the 9 holes that our affect our properties.  Has anybody thought about or have they given you any proof as to what the loss is going to be because common sense will tell that you’re going to give up some revenue, no matter what.  You’re not going to save $64,000.  I think Joe brought it up; it’s over $300,000.  Those are the kind of decisions we need to see happening based on foundation, not a vendetta that somebody has against us for whatever reasons.  We’re tired of being whipping posts.  And believe me, this is just the beginning of our road to make sure this falls through the way it should on the right side of this.  I ask you tonight to turn this down.  One more thing, the Park & Rec Board’s own document they presented last Monday, you all received this.  The short vision that everybody seems to have with this group is that they are looking through 2017 and going to be in trouble, I believe it’s 2016.  So, it’s not a big hurry to make this decision.  But, when you look at this, we’re looking at saving $355,000 a year and some change.  They need $118,000 annually, but if you look down this list, and please do, go to 20 – 25, there’s still a net on their document, a positive net of $57,440.  Just looking ahead; quit burying your head in the sand; do the right thing; do your jobs.  It’s not easy; it’s a challenge, we understand that.  We have offered to help over and over again.  And again we’ve been told to mind your own business.  It’s time that you guys took the whole … and showed it where to go, that’s what we’re asking.  Thank you.

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

STEVE SMITH – 8133 Shady Stone N.W.  President of Jadda.  I hadn’t planned on speaking today, but as a businessman who’s invested in the City of Massillon to develop a multi-million dollar housing project.  This this is the largest development our company has, the Augusta Lakes in Massillon.  We’ve seen the economy turn around; we’ve seen real estate market start to turn around.  As City Council and the Parks Board has started to trend this matter, we’ve talked to dozens of potential clients who would potentially move to Massillon; we would have the opportunity to build new homes for them and bring them to Massillon to use the services of Massillon.  I have to tell you, since this had all trended, those have all come to a screeching halt, and when I say dozens, I literally mean, we have talked to dozens of people over the last three (3) four (4) five (5) months and I’m having difficulty closing or talking to anybody as this continues to seem to melt down.  Our sales dwindled quickly when we saw…  We actually had two (2) potential homes we’ll be starting soon and I hope they continue to start, but as City Council and the Parks Board do, they’re running me in the ground.  I’d like you to consider someone who has invested in Massillon and believes in Massillon to consider from our perspective, trying to run a business throughout all this.  It’s going; a lot of people have said how it’s going but I won’t add to that.  Thank you.

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

PERRY BALLINGER – I live at 2468 Bellevue Ave. S.W.  My business here is to mainly support the ramification that might occur to the Senior Center.  It’s a facility that is very valuable to the members of the community, which are many.  But also there’s a factor there regarding the ancillary facilities located there which might be in jeopardy.  One is the emergency communications facility on the third floor which is a huge infrastructure that was placed there back in 1985 to continue the emergency communications back operations that we provide to the City.  Prior to that, it was located at the Fire Station No. 2.  Back in the days it was the City function to have a director and officers which were paid.  But since the late ‘70’s, it has not been an expenditure for the City.  This facility is, like I say, quite extensive.  Since that time it’s been maintained by the community.  ….. was entered into as an agreement between the City, the Red Cross and the ……….  It’s been maintained ever since then.  The expenditures that we put into it, at no City cost, since that time we’ve upped it by $60,000 and we continue to maintain that the state of readiness.  One of the reasons we were located there is because this building was labeled as an emergency shelter and that’s part of the reason why the facility is there also.  It’s also affiliated with FEMA and communications arise in FEMA and the Stark County EMA located at the Sheriff’s Dept. which is the Emergency Management Association and also the military auxiliary radio system and others.  So they have numerous amounts of communications contacts available through that facility in our local area and helping the Red Cross.  So, there’s a lot more that I could supply and I don’t want to take up anymore of your time, but, I can supply Council with perhaps a brochure that tells you about all and any aspects of the operation if you’d like me to do so.  My position is I need a FCC license facility and I am a FCC licensed Trustee for that facility.  So, I’m available to answer pretty much any questions you may have.  That’s my comments and certainly can add much more to it.  If at a future time if this comes up, I would be happy to offer more information.  Thank you.

COUNCIL PRESIDENT TOWNSEND -  Thank you.  Okay, let’s move into Ordinance and Resolutions…

MAYOR KATHY CATAZARO-PERRY – Excuse me Mr. President.  I’d like to address the Council and citizens.  I live at 900 Mill Ridge Path.  I’d like to address the audience tonight and at least give you our input as far as the City of Massillon.  We are …   off on this conversation that supports Council they can’t deny that and I did not sign it.  That mean that Council has the opportunity to put it on the Agenda, if they so choose.  It takes two (2) members of Council do to that.  So, I am not in favor of moving forward at this time.  What we shared with you when you entered our office and we sat down and spoke, was that we need to make sure we’re doing the right thing.  We have wasted a lot of money in some areas that we could have done better talking about the debt.  Unfortunately, the problem is here and I spoke with Mr. Hunter on the phone tonight.  I’ve received letters and e-mails from many of you and we believe that we need to do a full assessment, financial as well from a golf course professional as to what should happen to this course.  So, we are not in favor; I want you all to know that, because I don’t get the opportunity to speak all the time, I want you to know that because I can’t talk to everyone individually.  But we are in favor of is assessing the golf course financially and letting a pro come in and assess this course as to should part of the course be closed and, in fact, if so, which part is most…to do that.  And what to do with it.  So that is where the Administration, Al and I, and I’ve heard a couple of people tonight; they’re frustrated thinking that the Administration is…  We are not, when you asked to come in and sit down with us, we told you exactly what we wanted to do.  Now, we do have the Park & Rec Board that is an Advisory Board and they can make recommendations, but don’t at these Council meetings to ask them their Agenda; they chose to.  So, it’s on their Agenda.  There’s three (3) things that they can do; first reading, second reading and third reading and table indefinitely.  So, that’s up to them now.  You also need to be aware that I am not in charge of the Parks & Rec anymore.  Last year in October, Council took that away from the Mayor.  It is an Administrative duty.  I don’t agree that Council should be in charge of the Parks Director nor the Park & Recs facility in The Legends in this entire community.  But that’s what they chose to do.  So, that’s what we have to deal with.  And that’s why there’s so much conflict and I shared with Mr. Hunter that I don’t like drama, but that’s what you’re seeing right now, is a lot of drama.  And I’d like to bring that down and lets’ work through this and let’s do the right thing so that when ten (10) or twenty (20) years from now, we all can say that we took our time; we did our homework, we made the right choice.  So that’s what I’d like for you to hear from me because I don’t get to speak all the time and that’s where my Administration stands.  Thank you. (Applause).

COUNCIL PRESIDENT TOWNSEND – Okay, let’s move into Ordinance and Resolutions.

6.         INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 130 – 2014             BY:  ENVIROMENTAL COMMITTEE

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

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President.  I will give this first reading tonight.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 130 has received first reading.  Ordinance No. 131.

ORDINANCE NO. 131 – 2014             BY:  PARKS & RECREATION COMMITTEE

AN ORDINANCE at the request of the Massillon Recreation Board to revert The Legends of Massillon Golf Course from 27 to 18 holes.  The Board voted to revert back to the “Original or as close to the original 18 as possible” for the City of Massillon, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller. 

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President.  I’ll just give this first reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 131 has received first reading.  Ordinance No. 132.

ORDINANCE NO. 132 – 2014             BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1234 Park and Recreation Fund, the 1309 TIF Service Payment Fund and the 1401 Income Tax Capital Improvement Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.
 
COUNCILMAN LEWIS – Yes, can I bring up the Auditor, please?

AUDITOR FERRERO – Mr. President and Members of Council.

COUNCILMAN LEWIS – I’m assuming that either you or Mr. Koher, if not you then Mr. Koher; in section one with the $29,220.00 for the “Services/Contracts” in association with the Park and Recreation Fund, is this ….. of the other ordinance, in 121 Ordinance, where we have the same amount?

AUDITOR FERRERO – Yes.  The balance we portioned it out.  The General Fund takes so much and then the Parks & Rec takes so much and then once we get that grant, we will get repaid for paying that.
 
COUNCILMAN LEWIS – So, are we paying a total of $60,000 then?

AUDITOR FERRERO – I think $50,000.

COUNCILMAN LEWIS – So it would be closer to $58,000.  $29,000 plus $29,000 is $58,000.

AUDITOR FERRERO - $59,000

COUNCILMAN LEWIS - $59,000 and then we’re getting some back in the form of a grant?  Okay.  I was not here for the work session, so I was not able to participate in any discussions we had; any particular discussion to these issues and I wanted to open the floor for any conversations or comments that Council people want to make as far as moving forward on any one of these three sections and maybe enlighten myself or anybody else who was not able to partake.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – Under section three, we did have a little bit of discussion about the $8,000 antenna.  I didn’t know if you wanted to discuss that since you weren’t here.  Last week any further since it is part of section three and the other two pieces I guess don’t draw as many questions.

COUNCILMAN LEWIS – The Auditor has just informed me that the TIF’s have to be paid, that they are time sensitive, I guess are there other... I know we had discussed where I had shared that I was not fully brought up to speed about the Street Dept. needing a new antenna and was completely ready to pass legislation without further researching that.  Does anyone else have any questions regarding the antenna in the Street Dept.?  Do they want to move forward; to they want to stall it?  What is your input on that?  Do we want to start separating things out again so that we can get TIF’s paid; how would we like to move forward?  Again, I’m sorry for not being present, but…

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – I’d like to maybe have Mr. Hennon come up and explain the antenna.

AL HENNON – Mr. President.

COUNCILMAN LEWIS – Can you explain the $8,000 request for the Street Dept.?

AL HENNON – Yes, we have to have that antenna to be able to communicate especially during our snow events.  We have a clerk dispatcher that works with us.  We had an antenna up there; this is a, we’ve lost some of the use of that antenna, so this is a replacement, but it’s essential for the street department to operate.

COUNCILMAN LEWIS – Is there any kind of annual maintenance or anything of that nature?

AL HENNON – I don’t have an answer for you, right now, Mr. Lewis.  I would say that no maintenance would be necessary right away.  We’re just talking about a free-standing antenna.

COUNCILMAN LEWIS – For the radios inside the cabs and trucks, correct?

AL HENNON – Yes, and for the dispatch at the garage.

COUNCILMAN LEWIS – I have no other questions for Mr. Hennon, thank you.  You know, originally, I was very hesitant, you know we have some other expenditures that we have coming upon us here in the near future and we were trying to be very wise with our spending.  My concern is that I don’t want to hold up the pay outs of other funds that we need to still operate.  So we can’t hold up other operations while we wait answers in other fields.  And I want to make sure that we get these school district TIF’s paid out to the school districts.  I know that we’ve had some questions regarding the Park & Recreation’s $29,000 as to whether or not the Park & Recs Dept. wants to pay that, but this looks like this is going to be so unless anybody has evidence to the counter, I would recommend that we probably should just go ahead and move forward.  Seeing none, I make a motion that we suspend the rules requiring three (3) readings bringing Ordinance No. 132 – 2014.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 132 has passed.  Ordinance No. 133.

ORDINANCE NO. 133 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1208 Parking Enforcement Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.

COUNCILMAN LEWIS – Yes, in speaking with Mr. Hennon on the phone, this Ordinance is to …or Mr. Koher, I believe, sorry.  This Ordinance is to take a current employee of the Police Dept. and allow them to come back and restore them to a full 40-day work…or 40 hour work week and giving them their 5th day to work on the bookkeeping and other accounting purposes for the Parking Enforcement to make sure that any outstanding tickets are being sought after for payment, accounting for any payments that we have received and the standard bookkeeping.  The money is there, as we all know, and I do not particularly see any issue.  Is there any discussion with Ordinance No. 133? 

COUNCIL PRESIDENT TOWNSEND -  Councilwoman Starrett. 

COUNCILWOMAN STARRETT – This employee already did have benefits, correct?

COUNCILMAN LEWIS – To my understanding, yes.  Anything else?  Seeing no other questions, I make a motion that we bring Ordinance No. 133 – 2014 forward for a vote, suspending the rules requiring three (3) readings.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And now for passage.

9 yes for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 133 has passed.  Ordinance No. 134.

ORDINANCE NO. 134 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1216 Federal Law Enforcement Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.

COUNCILMAN LEWIS – This is pretty cut and dry.  Both of these are coming from the Federal Law Enforcement Fund, both of them going to benefit the Law Enforcement Services we offer within the City.  Are there any questions or discussion this evening?  Seeing none, I make the motion that we suspend the rules requiring three (3) readings bringing Ordinance No. 134 – 2014 forward for a vote.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 134 has passed.  Ordinance No. 135.

ORDINANCE NO. 135 – 2014                               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain transfers in the 2014 appropriations from within the 1100 General Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes.  I would request that Ms. Scassa speak on this because, obviously, I was not here at the meeting.  It looks like a transfer to me.

COUNCILWOMAN SCASSA – That’s what I aspired.  I was forwarded it was an appropriation.  It is to transfer to different departments in different areas.

COUNCILMAN LEWIS – I guess we’re not staying within the direct line item area that they were originally allocated for.  Give me one second here.   So, it’s leaving the Deputy Clerk of Court and heading towards out as salary as to his benefits.  Correct?

AUDITOR FERRERO – Members of Council, we’re going to be taking from the General Fund the $11,945.94 from the salary for the Clerk of Court $7,000 and we’re going to put it to the Clerk of Court for $11,780.32, the garage for $7,047.06 and to the Mayor’s the line items of $118.56.

COUNCILMAN LEWIS – So the accumulated sick time is just a general accumulated sick time, it’s not necessarily the Clerk of Court’s accumulated sick time?

AUDITOR FERRERO – That’s correct.

COUNCILMAN LEWIS – So essentially, it’s nearly $12,000 out of the General Fund plus $7,000 from the Deputy Clerk of Court to help cover these benefits.  Are there any discussion or questions.  Seeing none, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 135 – 2014 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 135 has passed.  Ordinance No. 137. Oh, No. 136, I’m sorry.  Ordinance No. 136.

ORDINANCE NO. 136 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1100 General Fund, for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS  - First reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 136 has received first reading.  Ordinance No. 137.

ORDINANCE NO. 137 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – MUNICIPAL COURT of Ordinance No. 29 – 2014 (should be Ordinance 127 – 1997; didn’t get to change prior to meeting tonight; Clerk’s computer crashed) by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – MUNICIPAL COURT, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – MUNICIPAL COURT, in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 137 has received first reading.  Resolution No. 9.

RESOLUTION NO. 9 – 2014                     BY:  POLICE & FIRE COMMITTEE

The Council of the City of Massillon, Stark County, Ohio, met at a duly called an authorized meeting of the Council on the date set forth below, such meeting being duly called pursuant to a notice stating the time, place and purpose of the meeting received by all Council Members, and the following resolutions were made, seconded, and adopted by those present at the meeting.  (Full Resolution read.)

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  Thanks to the Council Clerk for reading all this.  As we discussed previously, the wording in the prior contract says that the City must pick the contribution that the employee is required to make.  Anything in excess of 10%, according to the most recent arbitration decision.  So this Resolution is just the paperwork that we will need to put into place to enable that to happen.  Are there any questions of anybody here?  Seeing none, I am going to request that we waive the rule requiring three (3) readings and bring this forward for vote tonight.

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

Vote of 9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

Vote of 9 yes for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 9 has passed.
(Should have been Resolution No. 9 – 2014.)

    7.     UNFINISHED BUSINESS

    8.     PETITIONS & GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING THE REQUEST FOR A NEW LIQUOR LICENSE FOR WALGREENS DBA WALGREENS #15467 LOCATED AT 110 LINCOLN WAY W, MASSILLON OH  44647

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

            COUNCILWOMAN HALTER -  Yes. 

    9.     BILLS, ACCOUNTS & CLAIMS

                        A.        ManCan                    $ 1,792.00 – 3 wks.
                        B.        The Repository               448.80 – August Ordinances
                        C.        Copeco                              90.76 – Staples for Copier

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

COUNCILMAN LEWIS – 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 9 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
 11.      REPORTS OF COMMITTEES
 12.      RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – I’d like to remind everyone that our next Work Session will be on the 13th of October and it starts at 6:00 p.m.

 13.      CALL OF CALENDAR

            ORDINANCE NO. 102 – 2014                   BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with PSC Metals, Inc. to provide an economic development “inducement grant” to assist the business in renovation expenses, for the year ending December 31, 2014, and declaring an emergency.
Tabled indefinitely – 08/18/14

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  This ordinance was tabled on August 18, 2014 and tabled indefinitely.  Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  I want to make a motion that we bring Ordinance No. 102 back on to our Agenda.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Chovan.  Roll call to untable Ordinance No. 102.

9 yes to untable Ordinance No. 102.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Manson.

COUNCILMAN MANSON – Okay, thank you, Mr. President.  When we dealt with this before, like you said, we tabled this in August after three (3) readings and we did not have all the information and we hadn’t had anybody from the company yet come to us and discuss their intentions.  At last week’s meeting, Mr. Denzil Boss, Vice-President of Operations Services was here and explained to us what their intent was for that down there.  We all know that there other PSC operations in the County.  This will be part of the same company but it’s going to be a little bit different in what they do.  And I don’t intend to get into it and pretend I know what they are doing, but I think everybody heard it; it sounds like they’re going to break stuff down a little further as far as salvaging.  What I do want to do is I’m going to make a motion to amend the language that we had from the last…from what we had tabled and to include, oh I guess we do have it on the ordinance.  The original request for legislation came through to us with an unnamed company; XYZ Company.  The request we got last week names PSC Metals; there’s a slight difference in what they said.  They said “to acquire machinery and equipment at a site in the City of Massillon”.  The original request says that they were to “help acquire and expand at the site in the City of Massillon”.  I would like to make a motion to substitute this legislative request for the original legislative request.  We may need to get some help from Perry here.  I don’t know if he’s shaking his head over there or do you have any problem with what I just said?

LAW DIRECTOR STERGIOS – No.

COUNCILMAN MANSON – Okay.  Does everybody have a copy of what we got as a new request last week?  Or did they have a copy where it said PSC on it; not the XYZ Company? (Yes).  I make a motion that we amend the original language to include PSC in the ordinance.

COUNCIL PRESIDENT TOWNSEND – Okay.  Seconded by Councilman Chovan.  Roll call to amend Ordinance No. 102 to include the name of the company.

9 yes to amend Ordinance No. 102

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Manson.

COUNCILMAN MANSON – Now I make a motion, this has to go back to first reading, correct?

COUNCIL PRESIDENT TOWNSEND – Yes sir.

COUNCILMAN MANSON – I make a motion that we waive the rule requiring three (3) separate readings and bring Ordinance No. 102 forward for passage.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 102 has passed.  Ordinance No. 103.

ORDINANCE NO. 103 – 2014                   BY:  FINANCE COMMITTEE

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

COUNCIL PRESIDENT TOWNSEND – Once again, this ordinance was tabled on August 18, 2014.  Councilman Lewis.

COUNCILMAN LEWIS – Yes, Mr. President.  I make a motion that we untable Ordinance No. 103 – 2014 and bring it forth for tonight’s consideration.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.  Roll call to untable Ordinance No. 103.

9 yes to untable Ordinance No. 103

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, Ordinance No. 103 is simply bringing $25,000 into a “Services/Contracts” account line so that we can fund Ordinance No. 102.  My initial review of this is the way that it is currently written will suffice and we’ll allow that line to be funded unless anyone has a disagreeing opinion; I will move forward this evening.

COUNCIL PRESIDENT TOWNSEND – Any questions or concerns?  Councilman Lewis.

COUNCILMAN LEWIS – Seeing as such, I make a motion that we bring Ordinance No. 103 – 2014 forward for a vote this evening suspending the rules requiring three (3) readings.

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

9 yes for suspension.

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 103 has passed.

14.       THIRD READING OF ORDINANCES & RESOLUTIONS

COUNCIL PRESIDENT TOWNSEND – There are no ordinances or resolutions at third reading, so let’s move into second readings of ordinances and resolutions.  Ordinance No. 121.

15.       SECOND READING OF ORDINANCES AND RESOLUTIONS

            ORDINANCE NO. 121 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1100 General Fund for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Okay.  This one’s going to be fun, Diane.  Put on your listening ears.  We already, at the last Monday, you guys held a Special Meeting that allocated the funding of all the Council items, that is the first five (5) items on that list.  In speaking with the Auditor, I know that some Councilmembers had some questions about other areas of this appropriation.  However, this appropriation does pay for certain accounts and things that are needed right now that are already coming out of the account.  So, in discussing with the Auditor, I think that it is probably best to take the items that are marked in reference to Police or Fire, hold them out of this.  They will be their own stand-alone ordinance that we will have at the next Work Session and then have at the next Council meeting for passage or whatever we do with it.  And we will leave everything else in it.  So, what my amendment will be; I’ll do a rough reading and then I’ll the appropriate motion, if that’s okay?  The rough reading will be that line items for the Salary-Council Clerk, Hosp/Eye/Dent/PRES/Life, the PERS, the Medicare and the Services line for Council will all be taken out.  Additionally, we will take out Salary-Police, Police Comp, Police Overtime, Medicare, Salary-Fire, Fire Comp Paid, Fire Overtime, Medicare-Fire, and Fire Uniform Allowances.  All of those will come out; leaving Domestic Violence-Salary, PERS-Dom. Violence, Medicare-Dom. Violence, Street Lighting, Stark Co. Fees and State Exam.  When we leave those in, the new total is $236,370.00.  We will pass that this evening if it so pleases Council.  The Council items, the first five (5) that I read, will not come up anywhere because we already passed those, there’s no need.  And then the Hosp. for the Fire & Police ones, we’ll make their own ordinance and we’ll discuss that by the next meeting.  I know that’s a mouthful; are we following?

COUNCIL PRESIDENT TOWNSEND – So, pretty much you’re just removing five (5) items from the ordinance?

COUNCILMAN LEWIS – Well, the amending in taking out these because we can’t put it all in one section, so, I’ll just be amending it.  Does that make sense? I move that we amend Ordinance No. 121 – 2014 by making the following adjustments to the requested appropriations. 

That we reduce the appropriations by:

            $  10,025.00  -           Salary-Council Clerk
                  2,700.00   -           Hosp/Eye/Den/Pres/Life
                  1,300.00   -           PERS-Council
                     100.00   -           Medicare-Council
                  1,500.00   -           Services/Contracts-Council
                35,000.00  -           Salary-Police
                40,000.00  -           Police Comp. Pd.
  175,000.00  -           Police Overtime Pd.
                              5,000.00   -           Medicare-Police
                          300,000.00 -            Salary-Fire
                          160,000.00  -           Fire Comp. Pd.
                            20,000.00  -           Fire Overtime Pd.
                              5,000.00   -           Medicare-Fire
                              3,000.00   -           Fire-Uniform Allowance
                        $758,625.00

 

Retaining:

                        $   12,225.00 -           Domestic Violence-Salary
                               1,725.00  -           PERS-Dom. Violence
                                  200.00  -           Medicare-Dom. Violence
                           175,000.00 -           Street Lighting
                             18,000.00 -           Stark Co. Fees
                             29,220.00 -           State Examination
                         $236,370.00             NEW TOTAL OF ENTIRE APPROPRIATION to be considered this evening.

            That’s my motion.

            COUNCIL PRESIDENT TOWNSEND – Before we go into roll call, I’ll allow you to catch your breath for a second.

            COUNCILMAN LEWIS – Thank you.

            COUNCIL PRESIDENT TOWNSEND – Okay.  Get that Council Clerk?

            CLERK ROLLAND – Yes sir.

            COUNCIL PRESIDENT TOWNSEND – Okay.  My brain is still spinning.  Did you make your motion?

            COUNCILMAN LEWIS – That’s my motion.

            COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Del Rio-Keller.  Roll call for suspension.  No, roll call to amend Ordinance No. 121.

            9 yes to amend Ordinance No. 121

            COUNCIL PRESIDENT TOWNSEND – Okay.  Councilman Lewis.

            COUNCILMAN LEWIS -  Yes.  Now we have those remaining $236,370.00.  I would like to see that pass this evening so that we can have the Auditor and Administration; get them moved forward with paying our obligations of the City.  As such, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 121 – 2014 forward for a vote.

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

            9 yes for suspension

            COUNCIL PRESIDENT TOWNSEND – And now for passage.

            9 yes for passage

            COUNCIL PRESIDENT TOWNSEND – Thank you.  The amended version of Ordinance No. 121 has passed.  Thank you, Councilman Lewis.  Ordinance No. 122.

            ORDINANCE NO. 122 – 2014                   BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 1100 General Fund and the 1234 Parks and Recreation Fund for the year ending December 31, 2014, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – If Mr. Koher could please come forward.

KEN KOHER – Mr. President and Council.

COUNCILMAN LEWIS – Mr. Koher, I know you had asked me before Council if I had any questions and this didn’t come up until just now.  Would you want to bring us back up to speed?  It has been three (3) or four (4) weeks since we have considered this; anything you want to add to No. 122 for us?

MR. KOHER – Is that the one with the tax refunds?  (Yes).  We’re under a 90 day deadline to issue tax refunds after we have audited a tax return.  We’re fast approaching that timeline and we need the extra money into the refunds.  Last year we had to put more in too.  And I suppose this coming, we’ll need to appropriate more towards that in apportion with the growth in the income tax collections.

COUNCILMAN LEWIS – So we have the $75,000 tax refunds, we have the $15,000 just essentially Park & Rec share of refunds?

MR. KOHER – Correct.

COUNCILMAN LEWIS – And then we have $2,500 which is raccoon removal?

MR. KOHER – Yes.  I want to make this clear.  The raccoon removal does not take place in the Income Tax Dept!

COUNCILMAN LEWIS – You don’t have any problems there?

MR. KOHER – No.

COUNCILMAN LEWIS – Thank you, Mr. Koher.  Are there any other questions from anyone?  Alright, seeing none, I think this is pretty cut and dry.  He’s absolutely correct, we do need to make sure we get these paid out to the parties that deserve those funds.  Seeing that as such, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 122 – 2014 forward for a vote.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 122 has passed.  Ordinance No. 124.

ORDINANCE NO. 124 – 2014             BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Jamie Anania, owner of Sugar Mama’s Sweet Shop, LLC, to provide an economic development “inducement grant” to assist the business in renovation expenses at 44 Lincoln Way East, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  At the last…this is up for second reading.  At the first reading I was just back from vacation; I was not here when Mrs. Anania to discuss the business.  I’ve been looking at it; I have not been able to talk to her personally, but I’m being encouraged to move ahead on this.  So, since all the rest of you were here to listen to her presentation, is there anybody that has a problem with moving ahead on this at this time?  In that case, I make a motion that we waive the rule requiring three (3) separate readings and bring Ordinance No. 124 forward for passage.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 124 has passed.  Ordinance No. 125.

ORDINANCE NO. 125 – 2014             BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations 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 – Yes, this is just the corresponding finance legislation that goes along with No. 124 that just passed.  Seeing that as such, I make a motion that we suspend the rules requiring three (3) readings and bring Ordinance No. 125 – 2014 forward for a vote.

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

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 125 has passed.

 

 16.      NEW & MISCELLANEOUS BUSINESS

 

 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 – Good evening.  My name is Judy Sears.  I live at 1043 – 2nd St. N.E., Massillon.  I prepared my statement because I know timing is of the essence.  I also have something I’m going to pass out.  I am a member of and the treasurer of the Massillon Seniors Activity Club.  Since the idea is to close the Senior Center in order to reduce the operating cost of the Parks Dept. is… with public health, I thought it necessary to address City Council.  Our 400 members consider the Senior Center as their home away from home.  They come here for socialization.  They come here to exercise, to play cards or to sew and make lap robes for the VA hospital and various hospice.  They make crafts which are given to hospice groups to be put on trays to brighten the days for terminally ill patients.  They come for a hot lunch provided by Meals on Wheels.  Many of our members no longer drive.  They live in the high-rise on Lincoln Way and First Street or Bradley Place or Riverview Apts.  They come walking into the Center from these places.  Closing the Senior Center would be a hardship for these people who may find themselves….unable to participate in our activities.  We have well been aware of the City’s financial problems.  For many years we have maintained the building on our own because we consider it our home.  For the years 2012, 2013 and to date in 2014, we have spent $49,158.54 in maintenance and repairs to our home.  Just this month, we terminate a contract with BTI to clean our home once a week at the cost of $450 per month and this was paid through the Parks Dept.  This will save the department $5,400 a year and the activity club has accepted the responsibility to do the clean on our own.  I have a packet for each of you with some background about the establishment of the Senior Center, the activities that take place there and a listing of the repairs and maintenance that we have done in the last three (3) years.  We’ve also included a petition signed by many members of the Activity Club supporting the reduction of The Legends from 27 to 18 holes.  I chose to come last because the Senior Center, as such, was not on the docket tonight.  But I do want you to be aware of what goes on at the Senior Center and what we have done to keep our home in good repair.  There are some little packets here that tell you what goes on at the Senior Center; we did put names on them, but they’re all the same so you can just pass them out and look over them at you leisure so that you are aware of the agencies that use that building in addition to the Massillon Senior Center Activity Club.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILMAN MANSON – Excuse me.

JUDY SEARS  - Yes sir.

COUNCILMAN MANSON – Could we have your letter for Council to keep on file?
 
JUDY SEARS – Pardon?

COUNCILMAN MANSON – Could we have your letter (Yes).  Diane, you want to put this…not right now.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Councilman Chovan, we need a motion to adjourn.

 

 18.      ADJOURNMENT

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

COUNCIL PRESIDENT TOWNSEND – All who agree say “Yay”. 

COUNCIL AS A WHOLE – “Yay”

_________________________
DIANE ROLLAND, CLERK OF COUNCIL

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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