City Council

MINUTES OF THE REGULAR MEETING MASSILLON CITY COUNCIL HELD MONDAY, APRIL 6, 2026 COUNCIL PRESIDENT SLATER – Good evening. Welcome to the Massillon City Council meeting for Monday, April 6, 2026. We have in attendance the following City officials: Mayor Jamie Slutz, Law Director, Justin Richard, Asst. Law Director, Edmond Mack, City Engineer, Alex Pitts, Director of Development, Ted Herncane, Income Tax/Budget Director, Lori Kotagides-Boron, Health Dept. Commissioner, Terri Argent and Street Superintendent, Josh McClay. Under #5 on the agenda is where the public can speak on any topic that appears on tonight’s agenda and under #17 is where the public can speak on any topic that does NOT appear on tonight’s agenda. I’d like to remind you that if you have a cell phone, please set it to mute, vibrate or turn it off. Thank you. COUNCIL PRESIDENT SLATER – Roll call, please. 1. ROLL CALL Roll call for the evening found the following Council Members present: Holly Bryan-Huth, Sarita Cunningham, Mike Gregg, Julie Harwig Smith, Seth Marcum, John Paquelet, Mandwel Patterson, Eric Ray and Tony Townsend. Roll call of 9 present COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Councilwoman Cunningham. 2. INVOCATION COUNCILWOMAN SARITA CUNNINGHAM 3. PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN CUNNINGHAM COUNCIL PRESIDENT SLATER – Thank you, Councilwoman Cunningham 4. READING OF THE JOURNAL COUNCIL PRESIDENT SLATER – Madam Clerk, are the minutes of the previous meeting transcribed and open for public viewing? COUNCIL CLERK ROLLAND – Yes, they are. COUNCIL PRESIDENT SLATER – Are there any additions or corrections to be made? COUNCIL CLERK ROLLAND – No, there are not. COUNCIL PRESIDENT SLATER – If not, then the minutes stand approved as written. Thank you, Madam Clerk. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 1 6. NEW AND MISCELLANEOUS BUSINESS COUNCIL PRESIDENT SLATER – I have one. Per Ohio Revised Code 5709.85, it is required to appoint a Council Member by the President of the Legislative Authority for the Tax Incentive Review Council, better known as TIRC, for the purpose of reviewing tax exemptions annually. This year the Economic Development Chairperson, Mandwel Patterson, has hereby agreed and accepted this position. I appreciate his willingness to help the City of Massillon and its governing body. Thank you Councilman. 7. CONSENT AGENDA COUNCIL PRESIDENT SLATER – Ord. No. 33 – 2026. ORDINANCE NO. 33 – 2026 BY: ECONOMIC DEVELOPMENT COMMITTEE AN ORDINANCE approving the Job Creation Tax Credit Agreement between the City of Massillon, Ohio, and Babcock & Wilcox, pursuant to Ohio Revised Code, Section 718.15, and declaring an emergency. COUNCIL PRESIDENT SLATER – Ord. No. 34 – 2026. ORDINANCE NO. 34 – 2026 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE AN ORDINANCE amending OCCUPATION LIST OF CLASS TITLES of Ordinance No. 10 – 2026 to increase the Class Grade pay schedule for the Public Health Nursing Director within the 705-730 “HEALTH DEPARTMENT” from 17SU CL to 21SU CL, and declaring an emergency. COUNCIL PRESIDENT SLATER – Ord. No. 35 – 2026. ORDINANCE NO. 35 – 2026 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE AN ORDINANCE to approve the current replacement pages of the Massillon Codified Ordinances, and declaring an emergency. COUNCIL PRESIDENT SLATER – Ord. No. 36 – 2026. ORDINANCE NO. 36 – 2026 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 1237 Economic Development Fund, for the year ending December 31, 2026. COUNCIL PRESIDENT SLATER – Ord. No. 37 – 2026. ORDINANCE NO. 37 – 20926 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 1201 Street Construction M & R Fund, for the year ending December 31, 2026, and declaring an emergency. 2 COUNCIL PRESIDENT SLATER – Ord. No. 38 – 2026. ORDINANCE NO. 38 – 2026 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 1401 Capital Improvement Fund, for the year ending December 31, 2026. COUNCIL PRESIDENT SLATER – Res. No. 22 – 2026. RESOLUTION NO. 22 – 2026 BY: FINANCE COMMITTEE A RESOLUTION authorizing the sale, during calendar year 2026, of city-owned personal property, including motor vehicles, equipment, tools, or supplies, which are not needed for public use, or are obsolete or unfit for the use for which they were acquired, by internet auction, and declaring the same to be an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – I just noticed something in this resolution. I’d like to pull this out of the Consent Agenda. COUNCILMAN PATTERSON – And Mr. President, I’d like to pull Ord. No. 37 – 2026 out of Consent Agenda, just for questions. COUNCIL PRESIDENT SLATER – So, Ord. No. 37 has been pulled and Res. No. 22 has been pulled, correct? COUNCILMAN PATTERSON – Yes. COUNCIL PRESIDENT SLATER – Councilman Marcum. COUNCILMAN MARCUM – With the balance of the Consent Agenda being Ord. No. 33 – 2025, Ord. No. 34 – 2026, Ord. No. 35 – 2026, Ord. No. 36 – 2026, and Ord. No. 38 – 2026, I’d like to make a motion to suspend the rules requiring three readings and bring them forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Gregg. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Ord. No. 33 – 2026, Ord. No. 34 – 2026, Ord. No. 35 – 2026, Ord. No. 36 – 2026 and Ord. No. 38 – 2026 has passed. COUNCIL PRESIDENT SLATER – Ord. No. 37 – 2026. 3 ORDINANCE NO. 37 – 20926 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 1201 Street Construction M & R Fund, for the year ending December 31, 2026, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, Mr. President. I just notice that this is not the piece of legislation that I really wanted to pull and discuss. It’s Res. No. 22 – 2026. Did we just pass that? COUNCILMAN MARCUM – No we didn’t. This is the one that Mr. Patterson pulled. COUNCILMAN PATTERSON – No, I pulled Ord. No. 37 – 2026. COUNCILMAN GREGG – Oh, okay. So, this one is, as it says, $50,690.00 being appropriated for street resurfacing it made up difference of what the bid came in at and what was previously appropriated. Mr. Patterson, what is your discussion? COUNCILMAN PATTERSON – I just wanted to ask a few questions real quick. ALEX PITTS – Good evening, Council. COUNCILMAN PATTERSON – Nothing too serious. During our Work Session I know I asked you about the differences in the bid prices. How are we handling this? What’s the change order process? Because my only concern is with the oil prices right now and the difference and they’re currently rising and the cost of asphalt and with the price or the bid prices or the bids that currently came in being so different; I think they’re like $200,000.00 in difference. Are we going to get change ordered to death on this project, do you think? ALEX PITTS – No. So in response to that in regards to the oil prices and things like that; so, they’re unit cost for asphalt is, that’s the cost. So we bid it out in units of cubic yards so that cost that they gave us in the cubic yards, that’s the cost of the entire project or asphalt in general. We can extend and eliminate quantities as we see fit so long as it’s still within the scope of the limits of the project itself. COUNCILMAN PATTERSON – So that won’t change? ALEX PITTS – Correct, it will not; no. COUNCILMAN PATTERSON – Okay. That’s all. I had to pull it to ask a question. COUNCILMAN GREGG – Any further questions or discussion? Thank you, Mr. Pitts. Given that I would like to make a motion that we waive the rules requiring three readings and bring Ord. No. 37 – 2026 forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Patterson. Roll call for suspension. 9 yes for suspension 4 COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Ord. No. 37 – 2026 has passed. Res. No. 22 – 2026. RESOLUTION NO. 22 – 2026 BY: FINANCE COMMITTEE A RESOLUTION authorizing the sale, during calendar year 2026, of city-owned personal property, including motor vehicles, equipment, tools, or supplies, which are not needed for public use, or are obsolete or unfit for the use for which they were acquired, by internet auction, and declaring the same to be an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, Mr. President. I just noticed in this resolution in the wording on this it says “of City-owned personal property” and I’m wondering what that means? Because it’s not personal, so… COUNCILMAN MARCUM – There’s real property and personal property. Real property is like buildings, personal property is vehicles. So if you can move it, it’s typically personal property. COUNCILMAN GREGG – Even if it’s just City-owned, it’s not owned by an individual? COUNCILMAN MARCUM – Yeah. It’s not personal to you or me, it’s just personal in that it’s moveable. COUNCILMAN GREGG – Okay. COUNCIL PRESIDENT SLATER – Thank you for the clarification, Mr. Marcum. COUNCILMAN GREGG – That was the question I had. Any other questions or discussion? Given that, I would like to make a motion that we waive the rules requiring three readings and bring Res. No. 22 – 206 forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Marcum. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Res. No. 22 – 2026 has passed. 5 8. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT SLATER – Ord. No. 39 - 2026 ORDINANCE NO. 39 – 2026 BY: COMMUNITY DEVELOPMENT COMMITTEE AN ORDINANCE amending the Zoning Map of the City of Massillon, Ohio, by rezoning a certain property from B-3 General Business District to R-1 One Family Residential District. COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – Thank you, President Slater. This is a rezoning request by Joe Glick on Cherry Rd. N.W. between Cable St. and Princehorn Cir. N.W. It is 3.95-acres and they want to go from General B-3 District to R-1 Residential to build four or five single family homes. Did anyone have any questions on this this evening? So this will be the first reading. COUNCIL PRESIDENT SLATER – Ord. No. 39 – 2026 has received first reading. Ord. No. 40 – 2026. ORDINANCE NO. 40 – 2026 BY: COMMUNITY DEVELOPMENT COMMITTEE AN ORDINANCE amending the Zoning Map of the City of Massillon, Ohio, by rezoning certain properties from RM-1 Multiple Family Residential District to B-3 General Business District and a certain property from R-1 One Family Residential District to B-3 General Business District. COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – Thank you, President Slater. This is located on Lincoln Way E. It’s four lots, it’s a rezoning change for Take 5 Oil Change and the four lots will be rezoned. We discussed this at length last week and we had representatives here. Did anyone have any further questions on this one? First reading. COUNCIL PRESIDENT SLATER – Thank you, Councilwoman. Ord. No. 40 – 2026 has received first reading. Ord. No. 41 – 2026. ORDINANCE NO. 41 – 2026 BY: COMMUNITY DEVELOPMENT COMMITTEE AN ORDINANCE approving the proposed Community Development Block Grant (CDBG) Program Budget for the FY 2026 Program year, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – Thank you, President Slater. This ordinance here, it’s not an emergency, but its real important. It’s our CDBG funding and we do this every year. We’ve all seen the allocations. The City’s program is available for citizen review and a thirty- day comment period which ends May 1st. The first public hearing was held on March 16th and the second public hearing will be held on April 27th at 6:00 p.m. and then to add to that too, our Annual Action Plan for 2026 to HUD is due by May 15th. Does anyone have any questions on the current allocations for tonight? First reading. 6 COUNCIL PRESIDENT SLATER – Ord. No. 41 – 2026 has received first reading. Ord. No. 42 – 2026. ORDINANCE NO. 42 – 2026 BY: ECONOMIC DEVELOPMENT COMMITTEE AN ORDINANCE adopting the recommendations of the Massillon Tax Incentive Review Committee (TIRC) with regard to the renewal and termination of Massillon Enterprise Zone (EZ) projects. COUNCIL PRESIDENT SLATER – Councilman Patterson. COUNCILMAN PATTERSON – Yes. Every year the Tax Incentive Review Committee has to review all of the enterprise zone tax abatements that the City of Massillon had agreed to grant businesses and I believe we granted two enterprise zone tax abatements last year over the course of the program and they were both agreed to continue and that was LLJ Holdings, LLC and Shearer’s Warehouse. So that’s the first reading for that. Any questions on those? First reading. COUNCIL PRESIDENT SLATER – Ord. No. 42 – 2026 has received first reading. Ord. No. – 43. ORDINANCE NO. 43 – 2026 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 1100 General Fund, for the year ending December 31, 2026, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. We discussed this in Work Session. This is money being required for payout for a previous employee for retirement. Any questions or discussion? It does have emergency language. The reason for emergency language is to pay out accumulated sick leave in a timely manner, increase in the Clerk of Courts salary per ORD 1901.31(C)(2) and a change in employee’s health insurance from employee to employee/spouse. If there’s no discussion, I’d like to make a motion that we waive the rules requiring three readings and bring Ord. No. 43 – 2026 forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Paquelet. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Ord. No. 43 – 2026 has passed. Ord. No. 44 – 2026. 7 ORDINANCE NO. 44 – 2026 BY: FINANCE COMMITTEE AN ORDINANCE making certain appropriations from the unappropriated balance of the 3112 Donations Fund, for the year ending December 31, 2026, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. As we discussed in Work Session, this is an appropriation of monies being appropriated to pay for some improvements; a fence and other amenities at Wampler Park Roberson Splash Pad. Again, these are monies that have already been donated. Any questions or discussion? Seeing none, I make a motion that we waive the rules requiring three readings and bring Ord. No. 44 – 2026 forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Marcum. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Ord. No. 44 – 2026 has passed. Ord. No. 45 – 2026. ORDINANCE NO. 45 – 2026 BY: FINANCE COMMITTEE AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a one-year contract between the City of Massillon, Ohio, and the Board of Stark County Commissioners for the housing of City of Massillon, Ohio, Codified Ordinance prisoners at the Stark County Jail, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. This is an ordinance that we pass each year for the same purpose. Again, it’s only for prisoners that charged under Massillon, Ohio, code. So, it’s an ongoing contract that we do each year. Any questions or discussion? Seeing none, I make a motion that we waive the rules requiring three readings and bring Ord. No. 45 – 2026 forward for a vote. COUNCIL PRESIDENT SLATER – Seconded by Councilman Ray. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Ord. No. 45 – 2026 has passed. Res. No. 23 – 2026. 8  RESOLUTION NO. 23 – 2026 BY: COMMITTEE OF THE WHOLE A RESOLUTION implementing a moratorium on the development of Data Centers within the City of Massillon, Ohio, and declaring an emergency. COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. As we discussed in Work Session, this is a resolution that we are putting forward to, as it says, to implement a moratorium on the development of data centers within the City of Massillon. The reason being is we want to have control over the process. We don’t necessarily want to stop the process, but we want to be thoughtful and considerate when we give type situation. You know, data centers are relatively new. Other communities have kind of done the same thing and we decided we’d like to have a little bit more control over the process. That’s why we’re implementing a moratorium. Any questions or discussion? COUNCILMAN MARCUM – I’ll just add that the funding piece will come next week at the Work Session. COUNCILMAN GREGG – Okay. Should we give this a reading and wait for that? COUNCILMAN MARCUM – I don’t see a reason why we shouldn’t just pass it tonight. We can always fund it later. COUNCILMAN GREGG – Alright, given that, I make a motion that we waive the rules requiring three readings and bring Res. No. 23 – 2026 forward for vote. COUNCIL PRESIDENT SLATER – Seconded by Councilwoman Bryan-Huth. Roll call for suspension. 9 yes for suspension COUNCIL PRESIDENT SLATER – And for passage. 9 yes for passage COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Res. No. 23 – 2026 has passed. 9. UNFINISHED BUSINESS 10. PETITIONS AND GENERAL COMMINCATIONS COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – I don’t know if this is the appropriate time, but on those other two ordinances that I had, No. 39 and No 40, they both will need public hearings. So, for Ord. No. 39 – 2026 and Ord No. 40 – 2026 we will do those public hearings on May 18th at 6:15p. Okay. Thank you. 9 11. BILLS, ACCOUNTS AND CLAIMS USA Today – LocaliQ - $ 223.36 Pub. of Apr. 20th Public Hrg. & Cancellation Notice Office Depot - 171.23 Office Supplies First Commonwealth - 78.00 Postage Stamps Total - $ 482.59 COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. I make motion that we pay the bills. COUNCIL PRESIDENT SLATER – Seconded by Councilman Ray. Roll call. 9 yes to pay the bills COUNCIL PRESIDENT SLATER – Thank you, Madam Clerk. The Clerk will pay the bills and charge them to their proper accounts. 12. REPORTS FROM CITY OFFICIALS Treasurer’s Report - February 2026 Mayor’s Report - February 2026 Auditor’s Report - March 2026 COUNCIL PRESIDENT SLATER – Councilman Gregg. COUNCILMAN GREGG – Thank you, President Slater. I make a motion that we accept the Auditor’s Report. COUNCIL PRESIDENT SLATER – Seconded by Councilman Marcum. Roll call. 9 yes to accept the Auditor’s Report 13. REPORTS OF COMMITTEES COUNCIL PRESIDENT SLATER – Our next Work Session will be Monday, April 13, 2026, at 6:30 p.m. 14. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT SLATER – Councilman Townsend. COUNCILMAN TOWNSEND – I will not be here at the next Work Session. It’s my 35th wedding anniversary. COUNCIL PRESIDENT SLATER – Congratulations. 15. CALL OF THE CALENDAR 10 16. THIRD READING ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT SLATER – Ord. No. 26 – 2026. ORDINANCE NO. 26 – 2026 BY: COMMUNITY DEVELOPMENT COMMITTEE AN ORDINANCE amending the Zoning Map of the City of Massillon, Ohio, by rezoning a certain property from R-1 One Family Residential District to RM-1 Multiple Family Residential District. COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – Thank you, President Slater. This was approved by the Planning Commission at the February 11, 2026 meeting. It’s a rezoning change for 446 South Ave. S.E. The applicant is Tommy Martinez from R-1 to RM-1 to accommodate for a duplex. At this time, did anyone have any questions? I’d like to table this ordinance and we’re going to have a public hearing on April 20, 2026 at 6:15pm. I’d like to table this until April 20, 2026. COUNCIL PRESIDENT SLATER – Ord. No. 26 – 2026 has been tabled until April 20, 2026. Ord. No. 27 – 2026. ORDINANCE NO. 27 – 2026 BY: COMMUNITY DEVELOPMENT COMMITTEE AN ORDINANCE amend the Zoning Map of the City of Massillon, Ohio, by rezoning a certain property from R-2 One Family Residential District to R-1 One Family Residential District. COUNCIL PRESIDENT SLATER – Councilwoman Harwig Smith. COUNCILWOMAN HARWIG SMITH – Thank you, President Slater. This is also a rezoning request that at the February 11, 2026 Planning Commission meeting is was approved. It is for Westbrook Estates Developer. It’s on Lanedale Ave. N.W. and Evangel. This property is twenty-two acres. It’s at Phase V. They want to build 72 to 79 single family homes. At this time, I would like to table this until April 20, 2026, and it also requires a public hearing which we announced at prior meetings and the public hearing will also be at 6:15pm on April 20th. COUNCIL PRESIDENT SLATER – Thank you, Councilwoman. Ord. No. 27 – 2026 has been tabled until April 20, 2026. 17. SECOND READING ORDINANCES AND RESOLUTIONS 18. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 19. ADJOURNMENT COUNCIL PRESIDENT SLATER – Councilwoman Cunningham. COUNCILWOMAN CUNNINGHAM – I make a motion to adjourn. COUNCIL PRESIDENT SLATER – Seconded by Councilman Ray. Roll call. 11 9 yes to adjourn COUNCIL PRESIDENT SLATER – Meeting adjourned. ______________________________ ______________________________ DIANE ROLLAND, COUNCIL CLERK MIKE SLATER, PRESIDENT 12