MINUTES OF THE REGULAR MEETINGMASSILLON CITY COUNCIL

HELD MONDAY; MARCH 20, 2017 '

COUNCIL PRESIDENT ISTNICK — Welcome to the Massillon City Council Meeting for Monday,March 20, 2017. We have in attendance with us the following city officials: Safety Service Director,Joel Smith, Law Director, Andrea Scassa, Chief Engineer David Krock, Economic DevelopmentSpecialist, David Maley, Police Chief Keith Moser, Fire Chief, Tom Burgassar and Income TaxBudget Director, Barb Sylvester. On the wall to your left are agendas for anyone who wishes tofollow tonight's meeting. Also, if you look at the agenda, under item #5 is where the public can speakon any item that appears on tonight's agenda and then under item #17. is where the public can speakon any item that does NOT appear on tonight's agenda. I want remind anyone with cell phones,please turn them down or set them to vibrate.

Roll call of 8 present

COUNCIL PRESIDENT ISTNICK — Councilman Manson.

COUNCILMAN MANSON — I make a motion that we excuse Councilwoman Litman.

COUNCIL PRESIDENT ISTNICK — Seconded by Councilman Chovan. Roll call.

8 yes to excuse Councilwoman Litman

COUNCIL PRESIDENT ISTNICK Councilwoman Litman has been excused.

INVOCATION

COUNCILMAN LEWIS - Gave the invocation for tonight.

PLEDGE OF ALLEGIANCE

COUNCILMAN ED LEWIS —:Chairperson of the Financial Committee led those in attendancein the Pledge of Allegiance.

4. READING OF THEJOURNAL

COUNCIL PRESIDENT ISTNICK -Madam Clerk; are the min'utesof theprevousmeetingtranscribed and open for public viewing?

COUNCIL CLERK ROLLAND — Yes, they are.

COUNCIL PRESIDENT ISTNICK - Are there any additions or corrections?

COUNCIL CLERKROLLAND No, there are not.

COUNCIL PRESIDENT ISTNICK — If not, the minute's stand approved.

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

JIM THIERET -1 live at 935 Roosevelt St N'E.,Massillon I -cometo urge Council to bring tothe floor an affirmative vote on the issue Ord. No. 16 tonight: It's about time we honor somedistinguished people in our community that contributed so much to music and entertainment inour City. We have movie stars and TV stars, football players and baseball players. I actuallyhaven 't met any of those, buts I'm met these guys many, many times. And I'd really like to seethis small token extended to them and brought forth in the City as well as, from the objectionsI've heard, it seems kind of valid in their own way. If someone has objections to it as far as thecost and putting out the businesses and things like that, from my understanding, there's no

1. ROLL CALL

Roll call for the evening found the following Council Members present: Milan Chovan, JillCreamer, Sarita Cunningham, Yvonne Daniels, Dave Irwin, Ed Lewis, Paul Manson andMegan Starrett

2.

businesses there and City Hall St. doesn't even address City Hall St. So, if it's the $5.00 and astep ladder that we need, I'll be there. So, thank ,you for your time.

COUNCIL PRESIDENT ISTNICK — Thank you, Mr. Thieret.

JANMANOS — I brought my notes tonight because I was really nervous The last . time. It'll bebrief, though. I'm here on the issue of the LaFlavour St. sign and I'm a registered voter and ataxpayer and I want you to know that. I really don't want to wait until they're dead before wehonor them. I think you guys brought it to the table, if I was told'old correctly: So, 17 hoping thatyou guys wanted it and it is a small token for us to give to them

,They have entertained,

they've been on television. They've been very popular and I think when LaFlavour is in town, alot of people come downtown and I don't Lillian Gish, I don't know if we have a big deal for her,but I don't think she would generate quite as much money and happiness. As I said before,they give to charities: Also, they do make money for the community because they're bringingpeople downtown when they come here and they're hometown guys, pretty much; most ofthem. And they could have chosen to leave; they' re that good. But they chose to stay aroundthe people they care about and this is a side note, but a lot of people have met their husbandor their wife because of their wonderful entertainment. That's all I have to say tonight. Thankyou for hearing me.

COUNCIL PRESIDENT ISTNICK — Thank you.

JAN MANOS - And I did forget my address, 6222 Navarre Rd.

COUNCIL PRESIDENT ISTNICK — Thank you.

LAUREL KULISEK - I live at 55 Harris P1. S.E.,' Massillon, OH. `Madam Mayor, CouncilMembers and others in attendance this evening, thank you for providing a forum such as thisto listen to what I have to say tonight as a Massillonian, a homeowner, registered voter,taxpayer and a proud member of the class of1967. But most importantly, I'm here on behalf ofGene Milchek, Steve Nervo, his fraternal twin brother, Pete Nervo and Craig DeBock, betterknown to all you for the sake of this meeting as the original members of the band that Ithought, until several weeks ago, we all knew and loved, LaFlavour. I mentioned themindividually by name because that 's how I met them long before they became a band Back atjunior high school at E.A. Jones in 1961 I had to write my notes too, so I'm a little nervous.:We were just kids back in the early 1960's. All we had was black and white television, -A.M./F.M. radio, dial phones that very short cords, you couldn 't take them into your bedroom,they were attached. And if we wanted a candy bar or gum, even though we were only 11 or12, we had to work to earn the money by babysitting, paper routes, lawn care and we walkedoften miles, to and from school, church and to be with our friends. The family car was for Dadto go to work, not to ferry kids around for whatever the latest fad was If our parents didn'thave decent jobs, we knew what it was like to wear the same clothes two or three times aweek and a pair of shoes with a hole in the bottom that Maybe we had to pUttape Over. Brownbag lunches and home remedies for illnesses that would hospitalize folks today. • We didn'thave food stamps, welfare, free phones, Medicaid and whatever other government programthat's available now. But we had the universal language of music. Rock-n-roll, soul, jazz,disco and we danced and danced to the music: A month ago, I was so elated to see the frontpage of The Independent regarding the article on LaFlavour and the renaming of City Hall St.to LaFlavour Place. I thought, what a wonderful way to honor the goodwill, top notchentertainment and sons of Massillon for a historic 50 years performing together. Until the nextday's edition seemingly being critical of the idea and then a month's worth of some very nasty"on the line" comments. I thank those who had a kind word or haven't allowed or contributionand I'm sorry that poor health issues haven't allowed my contributions until now and whilemost of you probably have already decided your vote, I am here to go on record for friendshipsand careers lasting 50 years; longer than most marriages do today. And from their verymeager beginnings: So, to the nay-sayers, Our City Council and Mayor, as a body doesrepresent each of us who live in the City of Massillon, but what do we hear also radiatesaround us to neighboring communities and our State. These members certainly do have theright and should bring up issues that affect how we can and will make a difference in our City.So; if replacing a little sign on basically a little alley with onethat, represents such a hugesuccess story of four Massillon guys who had nothing promising for their future, but pulledthemselves up by the boot straps and came from the wrong side of the tracks and made a wayto bring nothing, nothing but joy to thousands of people for 50 years. So, it is difficult then tothink that there would be those who would be opposed to this: We need to make, possibly, we

need to recheck what makes a good and kind place to live. And as Paul Harvey used to say,"That's the rest of the story" : Good evening. (Applause).

COUNCIL PRESIDENT ISTNICK — Thank you. Is there anyone else who would like to comeforward?

TOM MANOS — I live at 6222 Navarre Rd. I grew up in this area.' I've lived here 61 years.Back in the `70's, Massillon was not heading into. the right direction as far as I could see as acitizen. Over the years, I've seen great improvements in the City' I've seen things comeabout Things I never thought would happen. ! think renaming the street LaFlavour would bea step, a positive step in the right direction for this community. Not'only'tothe citizens but toeverybody involved. Thank you.

COUNCIL PRESIDENT ISTNICK - Thank you Mr. Manos.thank you.

EMMETT BOYD — I'm here to make my contribution. Now, LaFlavour is not just a local band.

COUNCIL PRESIDENT ISTNICK — Emmett, could you give your address too?

EMMETT BOYD - I'm sorry.

COUNCIL PRESIDENT ISTNICK - Could you give your address too, please?

EMMETT BOYD - Oh, certainly, I'm sorry. I live at 2116 — 44. St N.W, in the City of Canton;Plain Twp., thank you.

COUNCIL PRESIDENT ISTNICK — Thank you.

EMMETT BOYD — To this day, 1979, Mandalay has played worldwide. They have been partof the northeast Ohio culture and have played clean, joyous Music and have never beenashamed to call Massillon their home. Now, from 1991 to 2008,17 years, I was the StarkCounty government's housing numbering and road naming authority covering the 500 squaremiles outside the cities and villages. I cooperated fully with the house numbering officers ofthe municipalities and advised them on good policy. The nature of my work is when theseroads were built, usually in new allotments, I advised the developers on duplication and overallappropriateness. For example; in one allotment on a horse racing theme, the name "Funnyside" was proposed. I advised that those not using Kentucky Derby life style, they would notunderstand that name and that it was too close to suicide and the Columbine murders had justoccurred. I felt for his benefit, it was not a very good marketing term for future home buildersin his allotment. So, that's sort a little bit, one of the many hats l would wear in the job. Now Ialways strongly encourage HUD of uplifting names of good, local reputation and historicsignificance for new streets. Now I understand that there's some opposition to the proposedstreet name. It is fully in tradition to name streets for significant features, I'm sorry, significantfigures and groups and recognize their historic contribution. Examples about, even inMassillon itself, of past U.S. Presidents, inventors, artist and others of note: O'Jay's Parkwayin Canton is a recent example. Still others are Buddy Holly Ave. in Lovette, TX, Frank SinatraDrive in Hoboken, NY. Elvis Pressley Blvd. in Memphis TN. Well worth mention is each of thefour Beatles has a name street of his very own in Liverpool, England. Even a wonderful punlike Kirstie Alley for the star of the same name of Cheers is found in the conservative old city ofBoston MA I recommend very much the proposed name change: Thank you.

COUNCIL PRESIDENT ISTNICK — Thank you. Is there anyone else that would like to comeforward. tonight? Please state your name and address.

SCOTTHARTER — 1244 Western Ave. in Perry Twp. I just wanted to say I watchedLaFlavour in the '70's. I moved to Virginia in the `80's and who showed up? LaFlavour for afew nights. Moved back in the '90's. Got married; I am 64 with an 18 yr; old daughter and herfavorite band is LaFlavour. Why? Because they're a family band. They're a band you cantake your kids. Sure they play at a few bars and what have you, of course they do But; mydaughter's favorite band is LaFlavour and I think that tells the story right there. Thank you.

COUNCIL PRESIDENT ISTNICK — Thank you Is there anyone else'?

6. INTRODUCTION.OFORDINANCES ANDRESOLUTIONS

ORDINANCE NO. 34 — 2017

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the1215 Law Enforcement Local Grant Fund, for the year ending December 31, 2017.

COUNCIL PRESIDENT ISTNICK — Councilman Lewis.

COUNCILMAN LEWIS — Yes. This ordinance will appropriate $15,508 in the LawEnforcement Local Grant fund: This is for the purpose of chest cameras for our police -officers. It's the beginning of that process and starting to get that going for our officers. It'ssomething that started well over a year ago and it's just taken some time to get the moneytogether from various sources. Are there any questions'? Seeing none, I make a motion thatwe suspend the rules requiring three readings, bringing Ord. No. 34 —.2017 forward for a vote.

COUNCIL PRESIDENT ISTNICK — Councilwoman Starrett. Roll call for suspension.

8 yes for suspension

COUNCILPRESIDENT ISTNICK — And for passage.

8 yes for passage

COUNCIL PRESIDENT ISTNICK - Thank you, ;MadamClerk Ord. No. 34 — 2017 haspassed. Res. No. 2 - 2017.

A RESOLUTION opposing the portion of the Governor's proposed 2017..- 20108 Budget,which mandates centralized collection of net profit tax returns and other provisions related tomunicipal income tax which will cause a substantial loss of revenue needed to support thehealth, safety, welfare and economic development efforts of Ohio municipalities, and declaringan emergency.

COUNCIL PRESIDENT ISTNICK — Councilman Manson:

COUNCILMAN MANSON — Thank you, President Istnick Thatexplains pretty much what thisis about. This is the State, to me, what it means is taking over the collection of City incometaxes and this would show our objection"to that. So, my intention is to move this forwardtonight unless there are people on Council that would like to discuss this fora longer period oftime. Seeing none, I make a motion that we waive the rule requiring three separate readingsand bring Res. NO. 2 — 2017 forward for passage.

COUNCIL PRESIDENT ISTNICK — Seconded by Councilman Chovan. Roll call forsuspension.

8 yes for suspension

COUNCIL PRESIDENT ISTNICK — And for passage.

8 yes for passage

COUNCILPRESIDENT ISTNICK — Thank you, Madam Clerk. Res: No, 2 - 2017 has.passed.

7. UNFINISHED BUSINESS

8. PETITIONS&GENERAL COMMUNICATIONS

A request for transfer of a liquor license from Massillon Two; LLC, DBA, Firehouse Grill& Publocated at 48 - 2nd St. S.E. & Patio, Massillon, OH 44646 to Elks One, Inc., DBAFirehouse Grill & Pub located at 48 — 2nd St: S.E. & Patio, Massillon, OH 44646.

COUNCIL PRESIDENT ISTNIC.K Has the Council person received notification ofthat?

9.

COUNCILMAN IRWIN — Yes, I have.

COUNCIL PRESIDENT ISTNICK — Thank you.

BILLS, ACCOUNTS & CLAIMS

The Repository $ 272.00 Publication of January OrdinancesCopeco

- 293.27 Quarterly Contract Base Rate Charge$ 565.27 Total

COUNCIL PRESIDENT ISTNICK — Councilman Lewis.

COUNCILMANLEWIS — I make a motion that we pay the bills.

COUNCIL PRESIDENTISTNICK — Seconded by Councilman Manson. Roll call.

8 yes to pay the bills

COUNCIL PRESIDENT ISTNICK - Thank you, Madam Clerk. We will pay the bills.

10. REPORTS FROM CITY OFFICIALS

Mayor's ReportTreasurer's Report

January'2017February 2017

11. REPORTS OF COMMITTEES

COUNCIL PRESIDENT ISTNICK — Our next Work Session is going to be Monday,March 27, 2017 at 6:30 p.m. Does anyone have anything from their committees?

12. RESOLUTIONS&REQUESTS OF COUNCIL MEMBERS

13. - CALL OF CALENDAR

14. THIRD READING .OF ORDINANCES &RESOLUTIONS

ORDINANCE NO. 16=2017

BY: STREETS, HIGHWAYS, TRAFFIC&SAFETY COMMITTEE

AN ORDINANCE designating LaFlavour Place S.E. the name of acertain streetlocated in the City of Massillon, Ohio, and described as a street of Lincoln Way East,formerly known as City Hall St. S.E.

COUNCIL PRESIDENT ISTNICK - Councilwoman Starrett.

COUNCILWOMAN STARRETT - Thank you, Madam President. I would first like tosay that I appreciate all the individuals of the City that came in tonight to voice theiropinion on this ordinance, but last week I was contacted by Mr. Scarpitti of LaFlavourwho would like to give a presentation to Council about the history of LaFlavour and whythey would ask that the street be renamed after them. Due to some scheduling issues,we were unable to get that last week taken care of, so, we spoke about possibly tabling

this vote until April 3rd so he can give that presentation next week at the Work Sessionon March 27 th • I do believe that's fair to give them the opportunity 'to present to Councilwhen they make that request to us. So, at this point, I would be asking that we tablethe vote until Monday, April 3 rd . Is there any discussion about that at this point'?Seeing none, I would move that this Ord. No. 16 - 2017 be tabled until Monday, April 3,2017 for vote.

COUNCIL PRESIDENT ISTNICK — Seconded by Councilman Manson. Roll call.

8yes to table Ord: No 16 = 2017 Until April 3 2017

15. SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 22 - 2017

BY: PARKS & RECREATION COMMITTEE '

AN ORDINANCE establishing a yearly membership rate for persons with disabilitiesand veterans, both active and non-active, at the Massillon Recreation Center.

COUNCIL PRESIDENT ISTNICK — Councilwoman Creamer.

COUNCILWOMAN CREAMER — Thank you, Madam President. As discussed at theWork Session, I would like to move this forward unless there are. any questionsregarding this ordinance? Seeing none, I make a motion that we waive the rulesrequiring three readings and bring Ord. No. 22 = 2017 forward for a vote.

COUNCIL PRESIDENT ISTNICK — And : .for passage....

8 yes for passage

COUNCIL PRESIDENT ISTNIC.K — Thank you, Madam Clerk. Ord. No. 22 2017 haspassed. ' Ord. No. 26 2017.

ORDINANCE NO. 26 - 2016 ,

BY: RULES, COURTS&_CIVIL S:ERVICE'COMMITTEE

AN ORDINANCE amending Section' 2(D)OCCUPATIO LIST OF CLASS TITLESMAYOR'S OFFICE of Ordinance No. 127= 1997 by repealing Section 2(D)OCCUPATION LIST OF CLASS TITLES - 110 MAYOR'S OFFICE, and enacting a newSection 2(D) OCCUPATION LIST OF CLASS TITLES — 110 MAYOR'S OFFICE, in theCity of Massillon, Ohio, and declaring an emergency.

COUNCILWOMANDANIELS — First of`all, I'would like the 'Opinion ofthe other Councilmembers about this ordinance starting with Ms. Cunningham, I'd like your opinion on it.

COUNCILWOMAN CUNNINGHAM — I think we need some more discussion on this.

COUNCILMAN LEWIS Point of Order.

COUNCIL PRESIDENT ISTNICK — Councilman Lewis.

COUNCILMAN LEWIS = That would be awfully close to a "straw pull" which can't takeplace in an open meeting. You can open it dip for discussion, but you can't call uponcertain members of Council in the Order:

COUNCIL PRESIDENT ISTNICK — Councilvioman`Dan'i"els

COUNCIL PRESIDENT ISTNICKsuspension.

8 'yes for suspension

Seconded by Councilman Irwin. Roll call for

COUNCILWOMANDANIELS — Okay. Well, I'm sorry, but ..so this, is our secondreading? Well, I feel that we should, I feel that the job is necessary, but because of thepay rate, I think that we should table it until April 3'

COUNCIL PRESIDENT ISTNICK - Well, , do you just want . to give it second reading

COUNCIL PRESIDENT ISTNICK — Ord. No. 26 — 2017 has received second reading.Ord. No. 30 — 2017.

AN ORDINANCE making certain appropriations from the unappropriated balance of the1 . 100 General Fund, for the year ending December 31., 2017, and declaring anemergency.

COUNCIL PRESIDENT ISTNICK — Ord. No. 30 — 2017 has received second reading.

16. NEW &MISCELLANEOUS BUSINESS

COUNCIL 'PRESIDENT ISTNICK -Councilman Chovan.

COUNCILMANCHOVAN - Yes, I'd like to'nidve into a short Executive Session todiscuss some employee compensation issues that came to my attention today and I'dlike to have Council, the President, Joel Smith and the Fire Chief enter into thatmeeting:

COUNCIL PRESIDENT ISTNICK — Seconded by Councilman Lewis. Roll call.

8 yes to enter into Executive Session — 7:00 p.m.

COUNCIL PRESIDENT ISTNICK — Welcome back to the March. 20, 2017 Councilmeeting. Councilman Manson.

COUNCILMAN MANSON — Yes. Under New & Miscellaneous Business, we have theCity Engineer here to discuss or give us an update on the reservoir situation. So, Iknow there's going to be people Wanting to talk on it-when we get to No. 17, so, I'll haveDavid bring us up to date and everybody will know what's going and then we'll take itfrom there.

COUNCIL PRESIDENT ISTNICK - Thank you. That may `address some of theirconcerns too. David, just give me one second. Councilman Manson; did we need toroll call to get back into our meeting from Executive Session?

COUNCILMAN LEWIS Y'es.

COUNCIL PRESIDENT ISTNICK — Councilman Manson.

COUNCILMAN . MANSON — I make a `motion.that we'go back into' Regular Session.

tonight?

COUNCILWOMANDANIELS — Yes.

COUNCIL PRESIDENT ISTNICK — And then we'll have next Monday to discuss itfurther?..

COUNCILWOMAN-DANIELS — Yes...:

ORDINANCE 30 -2017

BY: 'FINANCE COMMITTEE

COUNCIL PRESIDENT ISTNICK — Councilman Lewis.

COUNCILMAN LEWIS - Second'read.ing..:

COUNCIL PRESIDENT ISNTICK - Seconded by Councilman Lewis. Roll call.

8 yes tO exit Executive Session — 7:10. p.m.

COUNCIL PRESIDENT ISTNICK — Thank you, Madam Clerk. I apologize. .

DAVID KROCK Good evening, Council. I want to provide an update - on what's beengoing on with the Sippo Dam. This past Thursday .we were granted an extension byOD. N. R to begin the lowering of the water process. Originally that was scheduled fortoday and we have been given until April 24 t" to complete that work. And as areminder, that's to lower the water level by four feet. As part of that extension, we wererequired to start the lowering by this Friday, March 24t" :Since we last saw each otherlast Monday, we have been doing daily inspections of the, darn. That was a newrequirement from ODNR. Each one of these inspections, these are being done sevendays a week, by the way; each one of these inspections is being done. Jason Hainesfrom our Engineering Dept. is doing those. Sending photos and a one page reportevery day to ODNR, so that they can keep their eyes on the dam. This past Friday theysaw some drainage near one of the side walls near the spillway. They felt like it wasimportant enough that they sent two of their inspectors up: from Columbus during thesnow storm, about 5:00. We had folks meet them there The results of that were theywanted a repair done, so Saturday morning the Mayor, Dave j Maley, the Street Dept., Ihad one of my guys there. We had a number of people involved, but the repair wasdone that morning over. the span of a couple of hours. I guess I would describe it asmore of a muskrat hole or something like that; about that size. Wouldn't confirm that itwas or wasn't a muskrat, but from the size standpointIt was dug out and' sand waspacked in there and we have constructed. a weir which is a

shaped item so that wecan keep track of how much water is coming through that point and what wedetermined was the water, as it would go over the dam near the blocks, if you'refamiliar with the side walls there, you would go into one of those cracks and come outthe other side and then drain down and they just want us to keep an eye on that to.Makesure there' s no erosion the dam So, that's been ongoing. Again, those areevery day of the week. So, that ' s been on going As of today, we have met all therequirements by ODNR that were in the original order in terms of all the requirementsthey had for submittals, the operation, the maintenance manual. `So, every day we haddone to date has been up to speed: We do have this lowering of the water work- to do.We've reviewed quotes from contractors: We've talked to AECom who is the darn

each Other and where we ' re all headed. But once we get the water level down, at that

consultant that we have and together we've made the decision to proceed with WengerExcavating. They're gOing to begin as early as Wednesday of this week to pump thewater level down. At which point, our intent isto take a look at the blocks: How theblocks are set in there for the spillway and nobody has a good record of how the damwas actually built. So, we' re going see if we can take those blocks Out Make - sOrethey' re not keyed in. Make sure there isn 't some structural reason that if we start takingthe top block off, we wouldn't lose the wholedam: So, there's going to be some reviewmade by the structural consultants with AECom, hopefully-Thursday afternoon. Atwhich point, we ought to be able to take but at least two-levels of those blocks, create a'LV" shape with those blocks so that We can permanently lower the water level by fourfeet. That's the plan and I'll say that as-much as we've all thought about it, we still thinkthere's a possibility we may not be able to get the water pump down sufficiently. Wemay get to the point where we don 't know how those blocks will come out or if they'll .come out. So, it's definitely kind of a day-by-day situation at this point on how we're`going to lower thC'wate'r ' in 'the dam. The other big concern We haVe'is `wereally have ashort window because once it starts to rain again, any work we did to pump the waterdown, the dam's going to fill back up again. So, really by the end of the day Thursday,we need to have accomplished taking out the blocks or we ' ll be right back where westarted again. We do have a meeting in Columbus with ODNR and EPA and I believe arepresentative from Schuring 's office, Joel So, we're meeting with -the State rep and agroup of us from the city are

goingdown 'to meet with them again to talk through some

of the different options and just make sure that we're completely on the same page with

point that's when we'd like to have abroa'der discussion about whether the dam needsto be repaired and put back, whether the dam needs to be removed altogether andwhat the different funding options are associated with each one at that time. Obviously,weather is the big concern between now and the end of Apnl A _ We really need about afive-day window with no rain. As you imagine after the rain . stops, (Oka'

a day or' twofor the, water level to go down so we can pump. Get the water down far enough to take:Putthe blocks. So, I wish I could. tell you that there's a guarantee, by the end of.Thursday we'd have it done, but at this point, we're going to proceed and do our bestwith . it. We do have some cost from bothWen, ger and, well, I don't.have any yet fromAom. But our consultant that AEComthat does the dams, we'll have some cost withthem as well. We want them there to advise the City on what exactly to do The costwe have right now from Wenger, just by comparison,;it cost about $5,000 to pump thedam down the four feet. They think they can do it in a two or three-day period Afterthat, theyhave about a $1,000 per day puping cost if we're going to try to maintain itdown. So it's Very important once we get ' it down tobe able to pull blocks out; So,those are the costs now. There will certainly be others: We do intend to invite theEPA, the Corp. of Engineers; Stark Soil & Water, ODNR,: all these different agencies tothe site when we begin the lowering and also if we're going to. pull the blocks. Just sowe have everybody there and everybody can, have their input. That's all I have at themoment. I'll be happy to answer questions

That's . just whatrealize we have to make it safe; I go along with that; no problem there.I'd like to say andI appreciate the update.

COUNCIL PRESIDENT ISTNICK _ Councilman Manson.;

COUNCILMAN MANSON — Yes. I'd just like to make a point before we, you alreadytouched on it, but just to reiterate it, before wereallyget into taking the dam out orwhatever, that we have some more public discussion. Maybe a couple, one ortwomeetings or something and let peoplevoice their opinion's. I don't know where it'sgoing to go: We've heard some talk about it's going to cost us about $1 million-dollarsto fix it, but it ' s going to cost us a $1 million to take it and I - don ' t have any idea wherethose have gone, but I have heard them fromstimeto time: 'Maybe -I dreamed them:But I would like to have more discussion with the residents "as'.we progress here: I

COUNCIL PRESIDENT . ISTNICK -'Anyone else? Councilman

Manson?

COUNCILMAN MANSON That's all

COUNCIL PRESIDENT ISTNICK - Any other New & Miscellaneous Business?

17. REMARKS OF DELEGATIONS ANDCITIZENSTOMATTERS'NOTON'THE ''AGENDA

BLAINE REISER - I live at 831 Reservoir Dr.`N.E and 1'just have a question for Paul.You're talking about the community meetings or the City meetings: What kind ofspecific information would you like to receive from the people?

COUNCILMAN MANSON — Mostly more of what I want to do is got with the Engineerand the Administration is the cost. Looks like we only have two We need to rebuildthe dam,' repair the dam Or take it out Right now, we ' re just complying with lowering itbecause it's considered unsafe. So, I'would like to at least have an open -meeting sopeople can voice their opinions on that. Not as part of a Council meeting

BLAINE REISER Right. Because discussion has already been made about havingsome neighborhood meetings pertaining 'to that Would , you individuals like to be -invited to those meetings or do you want a summary'frorr"the meetings presented toyou?

COUNCILMAN MANSON - I would say both would be good if you have a meetingScheduled, get it to our Clerk, Diane, and she can get us the information about anymeetings that you have.

BLAIN .REISER Okay..

COUNCILMAN. MANSON - Yeah ; a summary would be very,goo.

BLAINE REISER — Alright.

COUNCILMAN MANSON -We're not all: in

BLAINE REISER — Right. Okay:

COUNCIL PRESIDENT ISTNICKwould like to address Council?

s there.. anyone, else: that

LEE BRUNKHART — I live at 343 Korman Ave. N.E. I'm here to speak on why Ibelieve, as a taxpaying citizen why we should save Reservoir Park's dam. The issue ofReservoir Dam actually began 26 years ago in 1991 when the ODNR; the Ohio Dept. ofNatural Resources contacted the City. At the time, the ODNR was only requiringseveral repairs, maintenance and monitoring that is required by dam owners: In 1995,the City of Massillon came to the taxpayers and asked us to pass a three-tenths of 1%income tax in order to maintain and beautify our City parks The citizens of this greatcity passed that tax through, no questions asked. The following year, 1996, when theODNR asked why the repairs have not been completed, the answer that was given tothem was "lack of funding". The tax that the citizens passed in 1995, generatesapproximately $1.8 million per year. We the taxpayers of this great city have now paidthat tax for 22 years, which equates to approximately $39.6 million dollars that we havepaid to maintain and to beautify our parks. So why are we even here having thisconversation tonight? We have more than paid enough taxes to' replace this dam 39times. We are here because a former Administration placed The Legends Golf Courseinto the Parks & Rec. Dept. I cannot stand here and blame the current Administrationfor passing that legislation, however, I can blame the current Council andAdministration for leaving the golf course in the Parks & Rec.Dept.; allowing this tofester and all for what; the 1% of Massillon that uses the .golf course? Approximatelyevery four years; we hash over wasted money on parks that are seldom visited byanyone. Yet here we are here tonight talking about whether or not we should save adam in a park that is not only visited by thousands and thousands. ofresidents per year,but it is a park that has become a generational park for families. It is now one of ourdesignated handicap parks for children and it has also become a natural preserve forour wildlife. How soon we seem to forget our history. We drained the reservoir in 1980and from a quick glance, most of you would have been around back then: Once themuck underneath that water had surfaced it did not take long at all for us to begin to geta real nice aromatic smell from it. The wildlife in the water was found dead in the dried-up portions. If the reservoir is allowed to dried up-to what has been said in thenewspaper as a " little creek" allowing much dried space to reside, then we ' ll begin todraw things like 'disease carrying...the Water will becomeistagnant,`for "what 's there andit will begin to draw things like disease carrying mosquitos and if draining the reservoiris this Council ' s final decision, let' s not forget about all the fallen property values thatsurround that park. The Mayor has recently stated in The Independent newspaper thatshe currently has more than $2 million dollars in her "rainy day" fund: So the' questionat hand is not whether we have the money Or not, it's clear that we do have the money.The question is, is the reservoir worth spending our money on it? Weil what'I'd-like tosay to Council is Its raining If this governed body chooses to drain and destroy theReservoir Park; I personally will have to consider passing b petitionto r place the repealof the Park & Recreation Tax on the ballot Because, 'see;"the way 1 see it, we pay thistax every year to maintain and to beautify our parks and if all you are going to do iscontinue to not properly maintain and not to beautify our parks and choose to destroyan icon part of Massillon, as far as I'm concerned, you can -do that free.' 'Thank you.(Applause).

COUNCIL PRESIDENT ISTNICK Thank your Mr Brunkhart ' Is there anyone else

that would like to address Council? Thank you.

BARB BERGMEYER - I live at 101.7 1st St N .E ,.Massillon I do a lot of driving allover everywhere. Lawrence Twp.,Jackson, Perry, Tuscarawas as well as cities ofMassillon and Canton. And I've been observant over the last several winters that whenI travel in the townships, when they salt . the roads and plow the roads in the winter time,they throw down gravel. Massillon only throws down. salt, :I was just wondering if it .would be more cost efficient for Massillon to mix gravel with the salt for when theymaintain the roads for in the winter or if it's more economical just to do the plain salt. 1was just curious ,about that. So, it's a consideration, Thank you

COUNCIL PRESIDENT ISTNICK — Thank you. Is there anyone else that would like toaddress Council?.

CAROL CONNELLY = Hive at 825 Campbell Cir:, my property goes right down. to thewalking path Withtwo parcels connected to it and, well, you so. many important things,but I'm so glad you're addressing this. I'd like to propose that we preserve that 130-year old infrastructure of the Rezzy Falls ratherthan destroy it. The Falls are such avery pleasant and important part of our park system and as an Ohio Certified VolunteerNaturalist and an ex-Brownie leader and an aunt to three generations of nephews andnieces who enjoys our Rezzy Falls, I understand what a significant accomplishmentfixing this old infrastructure would be. My parents, my generation and threegenerations of nephew and nieces, that's five generations. that have enjoyed it in my lifetime and I wonder over 130 years, how many have really enjoyed the excitement ofbeing near this wonderful rushing water.' Now our mural there (in Council Chambers),the second building is the First National Bank Building which has been razed andWalgreen's is there which is kind of a warehouse-type building, but I wish is that wesave the falls and we can put a picture,of the falls there and it would say how. ....it wouldjust be great to replace that picture and show that this Council understand" the value ofgood stewardship. And what a gift it is to us now; - it would 'beto us'now to give to futuregenerations to enjoy this landmark in perpetuity. And that's a very emotional thing, butI'm` glad that we may save it. I'm hoping.

COUNCIL PRESIDENT ISTNICK _ Thank you; Carol is there anyone else who wouldlike to address Council? Please come forward.

JAMES DARNELL, — My address is 815 Phillips Rd. N.E., Massillon. My concern isalso about the future of the Reservoir I hope that Council. appreciates the historicrelevance of the reservoir to the City and its actually -a part>"of what makes Massillon,Massillon: Concerning future plans, I would ' like to know, if anybody, is seekingalternative funding to repair or replace or rebuild the dam so that Wedon't ;lose thisunique and special feature. Thank you.

-COUNCIL PRESIDENT ISTNICK =Thank you;'-James: ''1s:there anyone else'thatwould- like to address Council? Thank you; please corrie-forward =`

SUSAN LASH BLANCHARD — I've been back in Massillon three years. I live at 833Campbell Cir: and if you know where that is, I'm looking right at the'dam'every day.And now that I'm retired, 'it's 'a pleasure every day. Asa matter of fact, it's like wakingup and being on vacation every day. So, let me just say'this,"but I did have someplanned comments, but I wanted to share that one moment of-emotion and that-is, ofcourse, my hope is' that the Council' and the City are going to be able to figure out thebest way to retain" the dam in whatever form they can. To me it would be nice if-theyretained some of the historic value: Maybe inappropriate ih'some of the rocks that arein it, but even if that can 't be done, Istill would like to see a spillway of kind because,selfishly, I can hear the spillway every day and they 're about, I don't know, what is it,fifty, seventy people who live whose property abuts the Sippo Creek Park, and eachand every one our lots, some of us closer than others. The park serves and Lee, I' wasreally impressed by some of your comments and you're a really scary guy to mebecause I always see .you on the Massillon Virtual Sounding Board, but he made a lot

of really good points, I think and I appreciate you shanng,.those, tonight. I sit there ,probably with my other fine neighbors who have this great position with the creek andthe reservoir and every single day, you see hundreds and hundreds of people in there,sometimes thousands in the summer on a great day. I mean; it can be 10 degrees andthere can be snow all over everything and there are ; people out there walking theirdogs. It is a pleasure, it's a treat. You can hear the tingling little sounds of childrenplaying on the playground that was builtAs soon as people are able, they're out onthe tennis courts back there. It's beautiful park and the dam provides a focal point In anartistic way and a natural way. But of course, you know it isn't natural So maybegoing back to the river, to the creek, is the best thing on the science side But`.,somebody, please,from the Ohio Dept. Of Natural Resources. has to explain to methescience of why we have to take out the dam And also, how.precarious is our damsituation? Explain to me how far the rocks are going and what would happen, actually,if that dam completely went in ten minutes. To me, it sounds like the rest of that parkright there would just fill up with the silt and that would be our problem to clean it outand I don't want that to happen. But, I don't know that it sounds as',life threatening asthey make it out to be. If you look on their website, they talk about darns being brokenby natural causes and three and five hundred people losing their: lives. Of course, wedon't want that, but! don't know if we're in that situation. , I really don't. because we'vealready built the home up far enough to beable to withstand a pretty: high level ofwater. Okay, I'm going to wrap it up by saying here's some of the biggest concerns Ihave. I do think, like Lee said, in general; that all these kids, all these parents, all thesedogs walkers, these athletes, these people with all kinds of ability are walking and usingthe equipment at that park and often times, they get out and the first thing they do is goto the dam and it's all for free. You don't have sign upfor it You don't have to pay agreen fee. It 's great and so people can stay for whatever amount of time they like and Ithink this request, Our community, our Massillon communityvalues'and our prioritiesand I think I was relieved to see that there was,`. in the conversations I've have with theother Council people, that I think the lot of us are on the samepage. So, my majorconcerns right now are that I would like to see some kind of meeting where the propertyowners, at lease; could get together and I think we're going to do that soon. I Want thedepartment to come and actually talk to us and Paul, you mentioned that earlier,because they 're the ones with the answers. I mean, there 's some big questions that Ihaven't found On the web page. And thirdly, I'd like to see, whatever =we come up with,I'd like to see a ten- year plan: Because that silt situation has to be dealt with moreoften than every 20 years, it just has to. It's creating a problem. And I just need toknow and have some assurances that whatever the plan' is, you're-going' toshare it withus and that whatever the plan that is implemented is that it doesn't create another set ofeven worse safety and environmental problems and I thank you for'being'so patient.

COUNCIL PRESIDENTISTNICK -Thank you; Susan Is there anyone else that wouldlike to address Council? Come forward; 'thank you.'

CAROLGEIER = l live at 880 Sippo: Blvd'. to;- I'overlook the walking path and reservoir.I just wanted to say that I have very fond memories thaf focus around Sippo Park as domany people here tonight, though, I don 't think memories alone should shape ourdecisions. I do think the concerns for the future Massillon should. I hope the decisionsmade in regard to the park keep the future in mind. The "quick fixes " of today might notbe our best choices for Massillon's future: Our parks are-an important element to thiscommunity. The dam is more than just a maintenance concern We need to makesure we're keeping' out parks beautiful to attract new families into the area and retainthe families that already call Massillon home. We have a- beautiful space enjoyed bymany people within Massillon and the surrounding areas and'it is our job to protect thepark and all it represents to those who live here. I understand this decision mustinclude water quality, cost effectiveness in addition to°the esthetics and I know safety isa concern too, but l hope that the creative Solutions can also be taken"int0consideration to preserve our park and all that it has to offer. SO,' thank you for yourtime

COUNCIL PRESIDENT-ISTNICK Thank you, Carol Is't

DAVID DARNELL,— I live at 303 — 4th St. N .E., Massillon I don't live right near thepark or the reservoir, but I still appreciate visiting the park and I think that 's one of themost beautiful parks we have in Massillon. I'm interested in the history of our greatcommunity and one of the things I came across was an, article: fromthe, Cleveland PlainDealer back in 1902 where a reporter described all of the wonderful things happening inthis town, south of Cleveland and they were very impressed with our industry and ourbeautiful city and some of the beautiful homes, including the Five Oaks which ispictured above there. But one of the most noted things in the article was the reservoirand they described it as a beautiful place and there were water lilies ' that wereapparently in there at that time. At any rate, it was one of the assets of our communityand I think it still is and should be in the future. So, I hopethat people realize that thisis something that even if you're not a resident right nearby, ,l know myself, I like to visitthere just even for a short period, occasionally and that is the thing that's the draw isthe waterfall and the reservoir. So, I hope that Council realizes that this is a greatasset.. One ofthe.things that makes Massillon unique Thank you.

COUNCIL PRESIDENTISTNICK — Thank you, David. Is, there anyone else that wouldlike to address Council?

18. ADJOURNMENT

COUNCIL PRESIDENT ISTNICK - Seeing none, Councilman Lewis.:

COUNCILMAN LEWIS - I make a motion to adjourn.

COUNCIL PRESIDENTIST.NICK-

DIANE..ROLLAND CLERK