MINUTES OF THE REGULAR MEETING MASSILLON CITY … · MINUTES OF THE REGULAR MEETING MASSILLON CITY...

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MINUTES OF THE REGULAR MEETING MASSILLON CITY COUNCIL HELD, MONDAY, NOVEMBER 16, 2015 ACTING COUNCIL PRESIDENT MANSONWNSEND — Welcome to the Massillon City Council Meeting for Monday, November 16, 2015. We have in attendance with us the following city officials: Safety Service Director, Joel Smith, Auditor, Jayne Ferrero, Deputy Auditor, Debbie Bonk, Law Director, Perry Stergios, Chief Engineer, Keith Dylewski, Community Development Director, Larry Marcus, and Tax Administrator, Ken Koher. On the wall to your left are agendas for anyone who wishes to follow tonight's meeting. Also if you look at the agenda, under item #5 is where the public can speak on any item that appears on tonight's agenda and then under item #17 is where the public can speak on any item that does NOT appear on tonight's agenda. I want remind anyone with cell phones, please turn them down or set them to vibrate. 1. ROLL CALL Roll call for the evening found the following Council Members present: Milan Chovan, Sarita Cunningham-Hedderly, Michelle Del Rio-Keller, Ed Lewis, Paul Manson, Andrea Scassa, Megan Starrett and Shaddrick Stinson. Roll call of 8 present ACTING COUNCIL PRESIDENT MANSON — Okay, we have Council President Townsend absent and Councilwoman Nancy Halter absent. Can somebody please make a motion? COUNCILMAN CHOVAN — I'd like to move that we excuse President Townsend and Councilwoman Halter from tonight's meeting. ACTING COUNCIL PRESIDENT MANSON — Seconded by Councilwoman Cunningham- Hedderly. Roll call to excuse Council President Townsend and Councilwoman Halter. 8 yes to excuse Council President Townsend and Councilwoman Halter ACTING COUNCIL PRESIDENT MANSON — Thank you, Madam Clerk. 2. INVOCATION COUNCILWOMAN SARITA CUNNINGHAM-HEDDERLY - Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN CUNNINGHAM-HEDDERLY — Chairperson of the Public Utilities Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL ACTING COUNCIL PRESIDENT MANSON — Just to let you know, I have a script for tonight. I did such a bad job last time, Diane made sure that I have the appropriate stuff here. So, we'll try. If I mess up, somebody just holler. Madam Clerk, are the minutes of the previous meeting transcribed and open for public viewing? COUNCIL CLERK ROLLAND — Yes they are. ACTING COUNCIL PRESIDENT MANSON — Are there any additions or corrections to be made? COUNCIL CLERK ROLLAND — No there are not. ACTING COUNCIL PRESIDENT MANSON — Then the minutes stand approved. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA ACTING COUNCIL PRESIDENT MANSON — We have arrived at #5. This is the part of the agenda where citizens may speak on a topic that appears on tonight's agenda. If you would like to speak on something, please come to the microphone at this time. Give your name and 1

Transcript of MINUTES OF THE REGULAR MEETING MASSILLON CITY … · MINUTES OF THE REGULAR MEETING MASSILLON CITY...

Page 1: MINUTES OF THE REGULAR MEETING MASSILLON CITY … · MINUTES OF THE REGULAR MEETING MASSILLON CITY COUNCIL HELD, MONDAY, NOVEMBER 16, 2015 ACTING COUNCIL PRESIDENT MANSONWNSEND —

MINUTES OF THE REGULAR MEETINGMASSILLON CITY COUNCIL

HELD, MONDAY, NOVEMBER 16, 2015

ACTING COUNCIL PRESIDENT MANSONWNSEND — Welcome to the Massillon City CouncilMeeting for Monday, November 16, 2015. We have in attendance with us the following city officials:Safety Service Director, Joel Smith, Auditor, Jayne Ferrero, Deputy Auditor, Debbie Bonk, LawDirector, Perry Stergios, Chief Engineer, Keith Dylewski, Community Development Director, LarryMarcus, and Tax Administrator, Ken Koher. On the wall to your left are agendas for anyone whowishes to follow tonight's meeting. Also if you look at the agenda, under item #5 is where the publiccan speak on any item that appears on tonight's agenda and then under item #17 is where the publiccan speak on any item that does NOT appear on tonight's agenda. I want remind anyone with cellphones, 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, SaritaCunningham-Hedderly, Michelle Del Rio-Keller, Ed Lewis, Paul Manson, Andrea Scassa,Megan Starrett and Shaddrick Stinson.

Roll call of 8 present

ACTING COUNCIL PRESIDENT MANSON — Okay, we have Council President Townsendabsent and Councilwoman Nancy Halter absent. Can somebody please make a motion?

COUNCILMAN CHOVAN — I'd like to move that we excuse President Townsend andCouncilwoman Halter from tonight's meeting.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Councilwoman Cunningham-Hedderly. Roll call to excuse Council President Townsend and Councilwoman Halter.

8 yes to excuse Council President Townsend and Councilwoman Halter

ACTING COUNCIL PRESIDENT MANSON — Thank you, Madam Clerk.

2. INVOCATION

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

3. PLEDGE OF ALLEGIANCE

COUNCILWOMAN CUNNINGHAM-HEDDERLY — Chairperson of the Public UtilitiesCommittee led those in attendance in the Pledge of Allegiance.

4. READING OF THE JOURNAL

ACTING COUNCIL PRESIDENT MANSON — Just to let you know, I have a script for tonight. Idid such a bad job last time, Diane made sure that I have the appropriate stuff here. So, we'lltry. If I mess up, somebody just holler. Madam Clerk, are the minutes of the previous meetingtranscribed and open for public viewing?

COUNCIL CLERK ROLLAND — Yes they are.

ACTING COUNCIL PRESIDENT MANSON — Are there any additions or corrections to bemade?

COUNCIL CLERK ROLLAND — No there are not.

ACTING COUNCIL PRESIDENT MANSON — Then the minutes stand approved.

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

ACTING COUNCIL PRESIDENT MANSON — We have arrived at #5. This is the part of theagenda where citizens may speak on a topic that appears on tonight's agenda. If you wouldlike to speak on something, please come to the microphone at this time. Give your name and

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address for the record and the topic you want to discuss. In addition, please print yourname and address on the Sign-In Sheet on the table before you so that your name andaddress appears correct on our records.

6.

INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 170 — 2015 ,

BY: POLICE&FIRE COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City ofMassillon, Ohio, to enter into a contract with TASER International for the City ofMassillon, Ohio, on behalf of the Massillon Police Department, and declaring anemergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Chovan.

COUNCILMAN CHOVAN — Thank you. At our last meeting the Police Chief came in andexplain to us about the tasers. Are there any questions about anything that he would havesaid? If we need to have anything answered, he's not able to attend tonight, but I can getanswers for you, if not, I'd like to let you know that we would have until December 31, 2015 toactually sign the lease on this before prices would go up. If you have no objections, I'd like towaive the rule requiring three readings and bring this forward for a vote this evening.

ACTING COUNCIL PRESIDENT MANSON — It's Mr. Chovan's motion. Do we have asecond? Ms. Keller seconded it. Roll call for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

COUNCIL PRESIDENT TOWNSEND - Thank you. Moving on, Ord. No. 171 -.2015.

ORDINANCE NO. 171 — 2015

BY: PUBLIC UTILITIES COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City ofMassillon, Ohio, to enter into an Easement Agreement with Dominion East Ohio Gasfor the purpose of replacing a gas pipeline in South Sippo Park and Kiwanis Park, anddeclaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilwoman Cunningharn-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY — Thank you, Mr. Manson. Firstreading.

ACTING COUNCIL PRESIDENT MANSON — First reading for Ord. No. 171. Ord. No.172—2015.

ORDINANCE NO. 171 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE to adopt appropriations for the operating and capital expenditures ofthe City of Massillon, Ohio, for the fiscal year 2016, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Lewis.

COUNCILMAN LEWIS — Yes. First off I'll apologize to Council, we have about two anda half pages worth of Finance Committee so we'll get through them as steadily aspossible. Second off, this particular one is our annual budget, SO I'll give it first . reading.

ACTING COUNCIL PRESIDENT MANSON — Okay. Ord. No. 172 has received firstreading. Ord. No. 173 - 2015.

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ORDINANCE NO. 173 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the1216 Federal Law Enforcement Fund, for the year ending December 31, 2015, anddeclaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Lewis.

COUNCILMAN LEWIS — This ordinance is going towards . the funding ‘of the laserproject that we just spoke of and passed under Police & Fire Committee. Are there anyquestions? Seeing none, I make a motion that we suspend the rules requiring threereadings bringing Ord. No. 173 — 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 173 has passed. Ord. No. 174— 2015.

ORDINANCE NO. 174 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the1229 HOME Program Fund, for the year ending December 31, 2015, and declaring anemergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Lewis.

COUNCILMAN LEWIS — Yes. The first thing I want to point out is a grammatical errorin Section 1, I believe. On my copy that I'm reading it says December 31, 2014.

COUNCIL CLERK ROLLAND - It has been corrected on the original.

COUNCILMAN LEWIS — It's corrected on the original? Thank you, I appreciate that.Other than that, this is the HOME Fund. We funded it every year. Most of these dollarsare coming through different grant programs and funds the HOME Rehabilitationprogramming within the City. We have Larry Marcus our Community DevelopmentDirector is present if anyone has any questions or comments. Seeing none, I make amotion that we suspend the rules requiring three readings, bringing Ord. No. 174 -2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON - Seconded by Ms. Scassa. Roll call forsuspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 174 — 2015 has passed. Ord.No. 175 — 2015

ORDINANCE NO. 175 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the

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1414 Collection System Improvement Fund, for the year ending December 31, 2015,and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Lewis.

COUNCILMAN LEWIS — Yes, if the City Engineer could please step forward.

KEITH DYLEWSKI, — Mr. President, members of Council, Mr. Lewis.

COUNCILMAN LEWIS — Yes, could you please just give a summary of what thisproject would be?

KEITH DYLEWSKI — Sure. It's a bunch of miscellaneous repairs.. There's two biggerpieces. There's one over near Pine and another on Pearl S.E. Through routinemaintenance I've identified a couple of areas that are failing sanitary sewer, so, doingthe repairs on those and there's a couple of other miscellaneous repairs in there withmanholes and those types of things. The collection department identified them so, thegroup appropriation will cover all of those projects.

COUNCILMAN LEWIS — Are there any other questions from anyone on Council?Thank you, Keith.

ACTING COUNCIL PRESIDENT MANSON — Thank you, Mr. Dylewski.

KEITH DYLEWSKI — Sure.

COUNCILMAN LEWIS — I don't see any reason to hold it up. We have done thisnumerous times throughout the year, making sure that our wastewater department isable to stay out there on the streets and keep all our waste lines clear. If there's noquestions or comments for anyone on Council, I make a motion that we suspend therules requiring three readings, bringing Ord. No. 175 -2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And roll call for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON - Ord. No. 175 — 2015 has passed. Ord.No. 176—2015

ORDINANCE NO. 176 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the3107 Fire Damage Structure Fund, for the year ending December 31, 2015, anddeclaring an emergency.

ACTING COUNCIL PRESIDENT MANSON Mr. Lewis.

COUNCILMAN LEWIS — Yes, this one, if you guys remember from the last meetingthat we just had, it works as an escrow account for the City that when there is a firewithin the City, insurance companies will have to make a small payment into that andthen once the structure is brought back to code, they are able to receive those funds.Are there any questions or corrections? Have I stated it properly?

JAYNE FERRERO — Correct.

COUNCILMAN LEWIS — Alright, seeing none, I will make a motion that we suspend

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the rules requiring three . readings, bringing Ord. No. 176 - 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Alright. Seconded by Ms. Scassa. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 176 - 2015 has passed. Ord.No. 177—2015.

ORDINANCE NO. 177 -2015

BY: FINANCE COMMITTEE

AN ORDINANCE authorizing the Auditor to pay various 2015 bills that have beenreceived and that will be received by her office between January 1, 2016 and March 31,2016, out of the 2016 appropriations within the various departments of the City ofMassillon, Ohio, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Lewis.

COUNCILMAN LEWIS — Yes, this is an annual clean-up type of legislation that we do.What it does is any bills that we may accumulate in these last couple of months but wewon't actually receive the invoices of the bills towards the beginning of the year, thisjust makes it so the Auditor is able to pay those bills in a timely fashion out of nextyear's budget. Are there any questions? Seeing none, I make a motion that wesuspend the rules requiring three readings, bringing Ord. No. 177 — 2015 forward for avote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 177 has passed. Ord. No. 178— 2015.

ORDINANCE NO. 178 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE establishing the blanket purchase order amount for the fiscal year2016 not to exceed Fifteen Thousand Dollars ($15,000.00) for all departments with theexception of the 2101 Wastewater Treatment Fund within the City of Massillon, Ohio,and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS - Yes, this is just something else that we do every year. Itmakes it so our department heads, our administration people in the City can operate.They can spend up to a certain amount without necessarily having to come in front ofCouncil. Are there any questions? Seeing no questions, I. make a motion that wesuspend the rules requiring three readings, bringing Ord. No. 178 — 2015 forward for avote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Scassa. Roll call forsuspension.

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8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON Ord. No. 178: has passed. Ord. No. 179- 2015.

ORDINANCE NO. 179 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE establishing a fund entitled "3103 State Assessment Fee/BuildingDepartment" and creating line items within said fund, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS — As the title says, it creates a fund for State Assessment Feesand it allows the Auditor to be able to operate within that fund. Are there anyquestions? Seeing none, I make a motion that we suspend the rules requiring threereadings bringing Ord. No. 179 — 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage. .

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 179 -2015 has passed. Ord.No. 180 — 2015.

ORDINANCE NO. 180 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE amending Ordinance No. 143 — 1976 by repealing Section 13 —"ALLOCATION OF FUNDS - INCOME TAX" and enacting a new Section 13 -"ALLOCATION OF FUNDS - INCOME TAX" and repealing Ordinance No. 172 — 2014,and declaring an emergency.

COUNCIL CLERK ROLLAND — And could I make a statement right here, sir Pro Tern?

ACTING COUNCIL PRESIDENT MANSON - Sure.

COUNCIL CLERK ROLLAND — That is the sheet that I laid on your desk where theordinance number was incorrect. It was, I believe, 34 or 32 _ 2014 and it shouldactually be 172 — 2014 that we're repealing. Okay?

ACTING COUNCIL PRESIDENT MANSON — Okay. Mr. Lewis.

COUNCILMAN LEWIS —This is what we call "the split Right now what it is proposingis 98% of revenues to be used for operations and 2% to be used for capitalimprovements. We have yet to approve the budget. I typically like to have these twocoincide, so I'll give this first reading.

ACTING COUNCIL PRESIDENT MANSON — Okay. So, first reading for Ord. No. 180— 2015. Ord. No. 181— 2015.

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ORDINANCE NO. 181 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE authorizing the Auditor of the City of Massillon to deposit the three-tenths percent (.3%) City Income Tax for the Parks and Recreation system into the"Parks and Recreation Operations Fund", "Parks and Recreation Debt RetirementFund" and the "Parks and Recreation Capital Improvement Fund",.and declaring anemergency.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS — This ordinance is essentially setting up the funding of ourParks & Recreation system. It's the .3% of the income tax collected going over there tofund that as has been done for many years now. It also splits up or puts together someof the capital versus operation expenses as well. Are there any questions? Seeingnone, I make a motion that we suspend the rules requiring three readings, bringing Ord.No. 181 — 2015 forward fora vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Scassa. Roll call forsuspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON, — And for passage.

8. yes for suspension

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 181 2015 has passed. Ord.No. 182 — 2015.

ORDINANCE NO. 182 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE amending Ordinance No. 124 — 2013 and any other ordinancesinconsistent with this ordinance, and authorizing and directing the Auditor of the City ofMassillon as of January 1, 2016, to deposit funds received from golfing fees at TheLegends of Massillon Golf Course into the Legends fund and: the Bond Retirement —Legends fund, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON - Mr. Lewis.

COUNCILMAN LEWIS — This ordinance sets the 97.25% of the monies receivedthrough golfing fees with go towards the operation and 2.75% will go towards bondretirement. This, again, is fairly typical that we do every single year. Are there anyquestions? Seeing none, I make a motion that we suspend the rules requiring threereadings, bringing Ord. No. 182 — 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 182. — 2015 has passed. Ord.No. 183 — 2015.

ORDINANCE NO. 183 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain transfers in the 2015 appropriations from within the1202 State Highway M & R Fund and the 1100 General Fund, for the year ending

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December 31, 2015, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS — Okay. Yes, this ordinance first is taking $10,905.58 out ofwhat's entitled Safety under the M & R and putting it into the Street Dept. for contractedservices/supplies/materials and postage. Section 2, we're taking $72,000 from the"Transfer Out" in the General Fund and putting it into the "Workers Comp. AccruedLiability". This was discussed by our Auditor at the last Work Session that we had.Does anyone have any questions pertaining to this ordinance? Seeing none, I make amotion that we suspend the rules requiring three readings, bringing Ord. No. 183 -2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON, — Seconded, by Ms. Scassa. Roll call forsuspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 183 — 2015 has passed.Resolution No. 9.

RESOLUTION NO. 9 — 2015

BY: FINANCE COMMITTEE

A RESOLUTION requesting the Stark County Auditor and Stark County Treasurer topay the City's share of 75% of the estate and inheritance. taxes for the 2016 fiscal year.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS — Yes. This is legislation that we pass every year just on theoff-chance that there are still any estate or inheritance taxes out there that we are ableto receive them as quickly as possible to the benefit of the City. Are there anyquestions? Seeing none, I make a motion that we suspend the rules requiring threereadings, bringing Res. No. 9 — 201 , 5 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Res. No. 9 -2015 has passed. Res. No.10 -2015.

RESOLUTION NO. 10 — 2015

BY: FINANCE COMMITTEE

A RESOLUTION requesting the Stark County Auditor and Stark County Treasurer topay the City's share of real estate taxes for the 2016 fiscal year.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS This is another resolution that we pass each year. It's justwhatever we have coming to us owed as far as real estate taxes are concerned, it justmakes sure that we get it in advance instead of having to wait throughout the year. Arethere any questions. Seeing none, I make a motion that we suspend the rules requiring

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three readings, bringing Res. No. 10 — 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Scassa. Roll call forsuspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON - And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Res. No. 10 -2015 has passed. Res.No. 11 — 2015.

RESOLUTION NO. 11 — 2015

BY COMMUNITY DEVELOPMENT COMMITTEE

A RESOLUTION reversing the decision of the Massillon Zoning Board of Appealsmade on October 15, 2015, wherein the Zoning Board of Appeals denied a variancefrom the Massillon Zoning Code to construct a cell tower on Lot No. 16262 in the City ofMassillon, Ohio, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — And I will recognize myself. We will givethis first reading and we will try to have somebody here for discussion at the November30th Committee Meeting. So, first reading for Res. No. 11.

7. UNFINISHED BUSINESS

8. PETITIONS&GENERAL COMMUNICATIONS

Correspondence from the Dept. of Commerce Division of Liquor Control RE: PermitRenewal Objections. Copy forwarded to each Council Person.

9. BILLS, ACCOUNTS&CLAIMS

Keller's Office Furniture - $40.00 — Copy Paper

ACTING COUNCIL PRESIDENT MANSON — I need a motion that we pay the bills.

COUNCILMAN LEWIS — I move that we pay the bills.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Councilwoman Scassa.Roll call to pay the bills.

8 yes to pay the bills

10. REPORTS FROM CITY OFFICIALS

11. REPORTS OF COMMITTEES

ACTING COUNCIL PRESIDENT MANSON — The next Work Session, like I said, isNovember 30, 2015 at 6:00 p.m. Megan, I'll recognize you.

COUNCILWOMAN STARRETT — Thank you. The Environmental Committee will becalling a Special Meeting at 6:00 p.m. on November 30 th before the Work Session. TheCity Engineer did approach me today. There is some legislation he would like us toconsider on that date for a grant that would be due on December 1st that he just caughtwind of. He will not be available on the 30th , so I would ask that the Engineer approachtonight to just give us a brief run down on what this legislation will be about.

KEITH DYLEWSKI — Ms. Starrett.

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COUNCILWOMAN STARRETT Mr. Dylewski. Could you just explain what thislegislation will be about in case anybody has any questions within the next week or so?

KEITH DYLEWSKI — Sure. This came about from the Third Century Committeemeetings and also in discussion with Stark Parks and Muskingum WatershedConservancy District. We have another grant that we're applying for throughMuskingum and Muskingum encouraged us to apply for this also.. This would be for afeasibility study along the river. One portion, one of our pump station pipe is encasedin concrete which creates a dam effect, so it's going to be studied to see the feasibilityto relocate that or remove it all together, if that's possible. It ' ll also make the river moreuseable and improve water quality, those types of things. So, that's kind of what thestudy would be doing, so, there 'd be no cost to us, obviously. We're just applying forgrant dollars and as you alluded to, it's due December 1 st , so that's kind of the crunchwe're behind.

COUNCILWOMAN STARRETT — Any other questions at this time? Okay, thank you.

KEITH DYLEWSKI — Okay? Thanks.

COUNCILWOMAN STARRETT — I would ask if anybody does have any questions oranything to get them to me and I will talk to the Engineer and those answered beforethe 30th

ACTING COUNCIL PRESIDENT MANSON — Okay. And our plan right now is to havea Special Meeting at 6:00 p.m. on the 30 th?

COUNCILWOMAN STARRETT — Yes.

ACTING COUNCIL PRESIDENT MANSON — You'll be getting your notice earlybecause our Clerk will be on vacation the week prior to that. So, you ' ll probably begetting your notification pretty soon. Okay, a reminder again, we don't meet again untilMonday, November 30th , that will be a Committee Meeting. There will be nothing onthe 23rd .

12. RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

13. CALL OF CALENDAR

Ordinance tabled Nov. 2, 2015 until Nov. 16, 2015

ORDINANCE NO. 149 — 2015

BY: POLICE&FIRE COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City ofMassillon, Ohio, to accept a grant from the Office of Community Oriented PolicingServices (COPS) for the City of Massillon, Ohio, on behalf of the Massillon PoliceDepartment, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Chovan.

COUNCILMAN CHOVAN — Thank you. Over the past several weeks we've beendiscussing whether or not we can afford to accept this grant. Between Chief Moser andDirector Smith contacting the Federal Government to try to figure out if we could maybeonly take partial money of this grant now or defer it until later when the City incomemight be a little bit higher, that's kind of why we delayed this. We have found that it'san "all or nothing" proposal right now. We, I think as I told you at the last meeting orlast Work Session, it's my recommendation that we vote "no" on: this to accept theCOPS grant for the simple fact that it's a four year commitment and our outlay from theGeneral Fund would be nearly $300,000 to accept the $250,000 grant. The CommunityOriented Policing Officers that would be hired under this grant can only be used for thatfunction. They cannot be used to go out on patrol for any other type of duty. So, thatwould not count towards the staffing level of 44 that we're trying to get by next October.

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It would increase us to 46 and it's just not economically feasible to do it. So, I'mrecommending that we vote "no" on. this ordinance tonight for those reasons-. Are thereany questions, any discussion at all before we do this? Okay, I move then that webring Ord. No. 149 -2015 forward fora vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for passage.

8 No for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 149 has been defeated. .

14. THIRD READINGOF ORDINANCES&RESOLUTIONS

ORDINANCE NO.158 — 2015

BY:HEALTHWELFARE& BLDG.REGS. COMMITTEE

AN ORDINANCE. amending Chapter 509 of the Codified Ordinances of Massillon,Ohio, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilman Stinson.

COUNCILMAN STINSON — Thank you, Mr. Chairman. It has been brought myattention to table this until December 7, 2015. President Townsend is looking intosome stuff and he wants to meet with some people before we make a final decision onthis.

ACTING COUNCIL PRESIDENT MANSON - We have a motion to table.

COUNCILMAN STINSON — That was my motion that we table this until December 7,2015.

ACTING COUNCIL PRESIDENT MANSON — Oh, okay, I'm sorry. I was thinking thatwas your discussion. Okay, go right ahead.

COUNCILMAN STINSON — I motion that we table this until December 7, 2015.

ACTING COUNCIL PRESIDENT MANSON — Second? Do we have a second?Seconded by Ms. Cunningham-Hedderly. Roll call for passage. '

COUNCIL CLERK ROLLAND — No, roll call table.

ACTING COUNCIL PRESIDENT MANSON — Oh, I'm sorry. Roll call to table.

8 yes to table Ord. No. 158 — 2015 until December 7, 2015

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 159 - 2015

ORDINANCE NO. 159 — 2015

BY: RULES,COURTS & CIVILSERVICE COMMITTEE

AN ORDINANCE to amend Title Nine, Chapter 181 of the Codified Ordinances of the City ofMassillon, Ohio, regarding Municipal Income Tax, and' declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Councilwoman Scassa.

COUNCILWOMAN SCASSA — Thank you. This is the legislation that will amend ourTax Code in response to HB 5 that was passed last year by this General Assembly.We've given this three full readings. Everyone has had their opportunity to as Kenquestion they had regarding the Tax Code, so, at this juncture, I don't believe has anyquestions. No one's said anything, so, I would just bring forward Ord. No. 159 — 2015forward for passage.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Mr. Chovan. Roll call for11

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passage.

8 yes for passage

ACTINGCOUNCIL PRESIDENT MANSON — Ord. No. 159 - 2015: has passed.

15. SECOND READING OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 164— 2015

BY: COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into anagreement with The Salon House/Genuine Risk Investments to provide an economicdevelopment "inducement grant" to assist the business in renovation expenses at 317Lincoln Way E., and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Thank you. I'll recognize myself.. This. isCommunity Development. This is second reading We have with us tonight MeganMackan that is the owner of the salon and we also have Mr. Marcus with us. Wouldyou like to come to the microphone and give us a little information?

MEGAN MACKAN — Thank you. I have been renovating the. property at 317 whichmany of you are aware of, I'm sure if you drive down Lincolnway, for the past, probably10 months, it had been vacant for roughly anywhere from 3 to 20 years, maybe. So, it'staken a lot.. I've done all this personally out-of-pocket, so we've been able to install acement handicap ramp, which is going to be great. And we have built a parking lot.Obviously, that wasn't very cheap either, so, just thank you. for your consideration. Ifyou have any questions.

ACTING COUNCIL PRESIDENT MANSON — Does anybody from Council have anyquestions? Thank you.

MEGAN MACKAN — Sure.

ACTING COUNCIL PRESIDENT MANSON - Having heard that, [make a motion thatwe waive the rule requiring three separate readings and bring Ord. No. 164 — 2015forward for passage. Seconded by Mr. Chovan.

COUNCIL CLERK ROLLAND — And could I just say, Ma'am, could you write namedown correctly on the Sign-In sheet, so that I have it correct for the record? Thank you.

ACTING COUNCIL PRESIDENT MANSON — Roll call for suspension:

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 164 - 2015 has passed. Ord.No. 165 - 2015.

ORDINANCE NO. 165 — 2015

BY: HEALTH, WELFARE&BLDG. REGS. COMMITTEE

AN ORDINANCE repealing 505.01, Section (a) of the Codified Ordinances of the Cityof Massillon, Ohio, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Yes, Mr. Stinson.

COUNCILMAN STINSON — Thank you, Mr. Manson. This is the amendment to theordinance regarding chickens in the City and I.have Mr: Johnson here if anybody hasany questions in regard this. Okay, Mr. Manson?

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ACTING COUNCIL PRESIDENT MANSON — I'd just like to comment.; I said it at thelast meeting that I was sympathetic to this and I am sympathetic to how people usetheir property. I know they want to use it the way that they want, but this has nothing todo with approving or not, whether or not we can have chickens. This was a problemthat we had with our ordinance and the courts ruled against us there and Mr. Johnsonthen put the language in that we needed to meet what the courts asked for so, I will besupporting it tonight.

COUNCILMAN STINSON - Any other questions, anybody? Alright, seeing no otherquestions, I move that we suspend the rules requiring three separate readings andbring this forward for a vote.

ACTING COUNCIL PRESIDENT MANSON -Seconded by CouncilwomanCunningham-Hedderly. Roll call for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 165 — 2015 has passed. Ord.No. 168 — 2015.

ORDINANCE NO. 168 - 2015

BY: FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the1237 Economic Development Fund, for the year ending December 31 2015, anddeclaring an emergency.

ACTING COUNCIL PRESIDENT MANSON — Mr. Lewis.

COUNCILMAN LEWIS - Yes. This ordinance coincides with Ord: No. 164 — 2015. It'sthe funding of that particular grant. Are there any questions? Seeing none, I make amotion that we suspend the rules requiring three readings bringing Ord. No. 168 — 2015forward for a vote.

ACTING COUNCIL PRESIDENT MANSON - Seconded by Ms. Scassa. Roll call forsuspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — For passage.

8 yes for passage

ACTING COUNCIL PRESIDENT MANSON — Ord. No. 168 — 2015 has passed. Ord.No. 169 - 2015.

ORDINANCE NO. 169 — 2015

BY: FINANCE COMMITTEE

AN ORDINANCE authorizing the Mayor and the Director of Public Service and Safetyof the City of Massillon, Ohio, to enter into a two (2) year contract with the Board ofTrustees of Local Organized Government in Cooperation (L.O.G.I.C.) for firedepartment and police department dispatch services, and declaring an emergency.

ACTING COUNCIL PRESIDENT MANSON - Mr. Lewis.

COUNCILMAN LEWIS — Yes. This legislation is re-entering into the contract thatwe've used for our dispatch service for both police and fire in the City of Massillon. Arethere any questions? I intend to move forward this evening if there were not. Seeing

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none, I make a motion that we suspend the rules requiring three readings, bringing Ord.No. 169 — 2015 forward for a vote.

ACTING COUNCIL PRESIDENT MANSON — Seconded by Ms. Del Rio-Keller. Rollcall for suspension.

8 yes for suspension

ACTING COUNCIL PRESIDENT MANSON — And for passage.

8 yes for passage

16. NEW&MISCELLANEOUS BUSINESS

17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ONTHE AGENDA

18. ADJOURNMENT

COUNCILWOMAN CUNNINGHAM-HEDDERLY — I move that we adjourn.

COUNCILPRESIDENT TOWNSEND — Seconded by Councilwoman Starrett.

DIANE ROLLAND, CLERK OF COUNCIL PAUL MANSON, ACTING PRESIDENT

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