City Council

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -439- MINUTES OF THE MEETING JULY 2, 2012 PRESIDENT SCHULMAN: We have a very full schedule tonight we have 19 speakers who have signed up. So I’m going to....well I don’t think.....I don’t think we have to gasp but it’s not that bad. But nevertheless, before we start the meeting formally, I...I would suggest that a number of the speakers are going to address the fracking issue, if you would be kind enough to listen to the speaker who comes before and try not to just repeat over and over for us the same arguments for or against or your position for or against, it would be thoughtful and helpful as I say we have a very full agenda tonight. So, it would be appreciated. Everyone has three minutes, I’m not trying to cut anyone off but if you just will not say the same thing over and over again. We do listen and we do understand and we take what you say seriously. So, with that, a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, CHRIS SMITH, KEVIN FISHER, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by the newest Member of Canton City Council Ward 7 Council Member, John Mariol. Will you please stand and remain standing for our pledge of allegiance. The regular meeting of Canton City Council was held on July 2, 2012 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Ward 7 Council Member John Mariol. The Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: Thank you Member Mariol. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes and Members of Council, you’re going to be asked to suspend Rule 22A to have the 2nd Reading of Ordinances 13 through 18. Leader. MEMBER DOUGHERTY: Mr. President I move we suspend Rule 22A to add 2nd Reading Ordinances 13 through 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A. Are there any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -440- MINUTES OF THE MEETING JULY 2, 2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Rule 22A is suspended and the Ordinances are going to be a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We do have one Hearing. It’s scheduled for 7:30 PM. It’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; FOR STARK METROPOLITAN HOUSING AUTHORITY. THE PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME AT 617 MCKINLEY AVE SW FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI FAMILY) IN WARD 4. Is there anyone in the audience wishing to speak for or against this Hearing....or against this Ordinance. I have to repeat it one more time. Is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward. Seeing no one stepping forward, the Public Hearing is declared to be over and the matter now rests in the hands of Council and the Ordinance will come later. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. The Mayor’s Chief of Staff is not available this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. As I said, we have 19 speakers this evening. We begin with Leland Pettis and I apologize if I mispronounced your name. Sometimes it’s hard to read your writing. Good evening sir, welcome to Canton City Council, if you’ll give us your name and your residential address please. LELAND PETTIS: I’m Leland Pettis of 601 Parr Place NE, Canton. PRESIDENT SCHULMAN: Good evening. LELAND PETTIS: Thank you for saying my name right, I get all kinds of interesting sounds. PRESIDENT SCHULMAN: Great, thank you. LELAND PETTIS: I’m associated with Occupied Canton but I’m not a spokesperson for them. Mr. President, Honorable Members of the Council, I speak with you this evening to urge you to proceed slowly, deliberately and cautiously in the matter of allowing fracking within the City limits. Jobs are job one in Canton, we all know that but the estimates of how many jobs this fracking is going to bring have been very overblown. We now know they bring 70 to 80% of their own people with them and even this pipeline that we certainly could have built has been led out to some company out west and how long will the jobs last? Mineral extraction is a boom or bust business. It’s possible you know here that actually Ohio is running a jobs program for oil drillers from Oklahoma and Texas. This fracking is a very thirsty project. It....one hears 1 to 10 million gallons per well, I read 5.6 average somewhere. In New York State, which is presently under a ban or moratorium, they figured out that 5 million gallons was about average and that, that’s equal to about 4,000 heavy truckloads per well. The EPA estimates that one well will produce 23 tons of volatile organic compounds. How many wells they would like to frack, we do not know. Given their eagerness to frack under COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -441- MINUTES OF THE MEETING JULY 2, 2012 Meyer’s Lake, under cemeteries and our National Parks and State Parks, it’s clear they want to do a whole lot of fracking. One hears estimates of 250,000 well throughout the United States, 100,000 in Ohio. If it’s only 1,000 within the City limits, that’s 4 million truck runs and 23,000 tons of air pollution and that’s not counting the diesel smoke. We’re beginning to learn the contents of fracking fluid, mostly unpronounceable chemicals but among them is methylbenzene, a known carcinogen. Texas, like most of the United States has been enjoying the slow decrease in the level of cancer illness. But in the area where they heavily fracked, not so. I used to have a dear aunt, she lived in North Tonawanda, New York about 12 miles from Love Canal. One day she pointed out each house on the road and told me what kind of cancer each of those people died from and that’s 12 miles away. These pads can be a few hundred feet from your front...front door. Presently, France, Vermont, New York and North Carolina are all under bans or moratorium. Are all these people goofy, stupid, misinformed, or is it possible that they’re going slowly because of real concern for the environmental byproducts of this heavy industrial process. I ask.... PRESIDENT SCHULMAN: You have about 4 seconds, I’m sorry. LELAND PETTIS: I ask you...I’ll stop asking you that and ask you to refer to more than finance to environment too please. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. Our next speaker is Gale Nagel. Think I got that right. Good evening, welcome. I’m sorry if I mispronounced your name. But if you will give us your name and your residential address please, we’d appreciate it. GALE NAGEL: My name is Gale Nagel, 1503 Easthill Street SE, North Canton, Ohio. And even though I live in North Canton, I feel that our water systems are all interconnected and fracking can affect all of us. What I wanted to say is that I feel like our fresh water is our golden treasure in this part of Ohio and our County. In other parts of the Country, they’re dealing with drought due to lack of snowfall, lack of rain and they’ve even discussed before taking water from the Great Lakes. This is something that I would ask you to..to tread slowly on too with fracking and the selling of water from the Sugarcreek Well Field. Even if...if there is (inaudible) of 1,000 wells in the City limits or even outside the City limits where you pipe water and sell it already, were talking millions and millions of gallons of water that were taken out of the water cycle because once that water is used for fracking it’s not going to be good for farming, for the people to use, for recreation, it’s out of the water cycle because it’s been contaminated. And Saundra Skeingregor, when she gave her report, she’s a noted expert in effects of fracking, she....one of her concerns, besides all the other effects fracking has is how it takes our fresh water out of the water cycle and it’s not going to be able to be returned to it. So, I had noted on your water quality report on the internet that it stated that our goal is and always will be to provide our consumers with safe, dependable supply of drinking water and I would hope that you would continue that. Thank you. PRESIDENT SCHULMAN: Thank you very much. Our next speaker is Patricia Kirk. Ms. Kirk if you’ll step forward and you obviously know the routine. If you’ll give us your name and your residential address please and welcome again. PATRICIA KIRK: Hello, my name is Patricia Kirk. I live at 131 5th Street NE and I’m president of Downtown Central Neighborhood Association and Shake-A-Leaf. My very first question is this, today Mr. Zengler told me to give a letter to Mr. Warren Price who is not here this evening. It’s about the July 10th COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -442- MINUTES OF THE MEETING JULY 2, 2012 Planning Commission Meeting that was cancelled but wasn’t supposed to be. He’s not here this evening, who do I give it to? PRESIDENT SCHULMAN: We’ll take it, just...if you’ll give it to Member Morris, he’ll send it along. Thanks. PATRICIA KIRK: Alright, thank you. In 2003, Canton received a Clean Ohio Revitalization Fund Grant to tear down the Kresge Complex on Market which was in business for decades. Even now, the name Kresge brings warm memories of shopping experiences in Canton. It wasn’t a small five and dime store. It started K- Mart, it was here as a complex for decades and now when you just mention that name, it’s...do you remember the fish, the bakery, getting anything you wanted and getting it for the price of the balloon pop? I don’t know if anybody remembers that. In 2008 I took a survey to see how many people wanted Kresge Lot green. It was a survey of almost 300 people. Well things change, I took another one this past week, over 200 names, only 3 names want anything different from Kresge. A few mentioned Kresge Green or Kresge Park. That’s not very many out of 200. The reason for keeping green space was best and the people that actually work there. It’s an oasis in the City. I see it in use everyday, it’s a place for activity. We need air to breath, not enough green space among the building. Every City should have green space downtown, it’s beautiful, brings good memories, great place for picnics. Can we have trees and other shade for the children not all development is progress, that is my favorite quote. I hope you consider how important the Kresge Lot is to the people downtown, it’s all we got. And in an Ed Balint article in the Repository years ago when Mayor Janet Weir Creighton was here, it was crowned the emerald crown of downtown. Even if we did get a business that wanted it, with all the empty buildings that we have, why would we give it to them and why would the need now to change the name all the sudden. Thank you very much. PRESIDENT SCHULMAN: Thank you Ms. Kirk. Our next speaker is Eric Vaughn, Mr. Vaughn if you’ll step forward and give us your name, your residential address. Welcome to Canton City Council and thank you for being here. ERIC VAUGHAN: Thank you my name is Eric Vaughan, I’m from 1443 Saratoga Avenue SW, I’m in Canton. I guess officially Perry Township but we do have Canton City water. So, I’m up here today basically to...basically have a gentle reminder about something that happened on my birthday, 2011. And so, I’m going to go ahead and read this. “Presented by Canton City Council, an Informal Resolution respectfully submitted by Council at Large Members Cirelli and Smuckler and Ward 7 and Ward 9 Members, Barton and Horner on this 3rd day of January 2011. WHEREAS, The hydraulic fracturing, aka “fracking,” of underground shale is being utilized to commercially extract natural gas in Ohio and is being contemplated and/or implemented in Stark County; and WHEREAS, According to credible news sources and anecdotal evidence, fracking has resulted in the damage of nearby water well casings and the pollution of wells with unregulated toxic chemicals; and WHEREAS, Large mining apparatus with increased related traffic are necessary to fracking as is the transport, high-pressure use and collection of large amounts of toxic chemicals which also pose a risk of air, land and water pollution; and WHEREAS, Numerous political subdivisions, other state authorities and medical associations are calling for moratorium on fracking in their respective areas to protect their ecosystems; and WHEREAS, The City of Canton and its neighboring customers rely on the city’s large, pure aquifer as a magnificent health and economic resource; and WHEREAS, The City of Canton is charged with protecting the health, safety and welfare of its residents and water customers via its police powers and COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -443- MINUTES OF THE MEETING JULY 2, 2012 constitutional home rule authority under Ohio law; and WHEREAS, The City authorities are conducting legal research and pursuing due diligence investigation into safeguarding our residents, lands, water transport and aquifers via future local legislation from the potential threats of fracking. NOW, THEREFORE, BE IT RESOLVED: that we, Members of City Council of Canton, Ohio go on record strongly urging our Ohio General Assembly and Governor’s Administration to place a moratorium on the future use of hydraulic fracturing of shale for the commercial extraction of natural gas until the safety of the processes and related chemicals have been fully investigated and vetted through the Ohio and U.S. Environmental Protection agencies. This Council collectively fears the adverse effects and possible irreversible damage to our water systems and supplies that pose a threat to our health, safety and welfare and that of our future generations. The Clerk of Council is to forward certified copies of this Resolution to the Governor’s office, the Leadership of the Ohio House and Senate and the Senator and Representatives serving the City of Canton in the Ohio General Assembly as well as the Stark Council of Governments. This Resolution passed unanimously by voice. PRESIDENT SCHULMAN: Thank you Mr. Vaughan very much. Our next speaker is Kristine Vaughan. Ms. Vaughan if you’ll step forward and give us your name and your residential address and welcome again to Canton City Council. KRISTINE VAUGHAN: Kristine Vaughan, address 1443 Saratoga Avenue SW, Canton, also Perry Township but have City water. We are also known as Team Vaughan among people who know us. Canton was actually the first City to ask for a moratorium on fracking via this document. It was voted on and passed. So my question to each of you is what happened to the responsibility that you felt that you had in protecting the health and safety and welfare of the residents as well as your constituents as well as your families. Each of you lives in the City of Canton. So, if the water would get contaminated, how are you going to answer, what answer are you going to give to your families, to your children, to your significant others about why now they’re ill from drinking the water or showering, which is the largest organ in our body and that water gets absorbed into their bodies. What are you going to...what question are you going to as....how are you going to answer that question? The $500,000.00 that you will receive for leasing land is a mere band aid as far as the deficit goes and it is for..it is a one shot deal. The residual problems that will come from water contamination from all of the and the damage to our roads is going to be far worse than the $500,000.00 deficit that this would...the band aid that it would put on. So, I just ask that you think about the damage that would occur as a result of fracking in the City limits, the damage to the water, air pollution and all of the health affects that would result from that. PRESIDENT SCHULMAN: Thank you very much ma’am. Appreciate it. Our next speaker is Mary Daum. I hope I’ve pronounced your name right. Good. If you’ll step forward and give us your name and your residential address and welcome to Canton City Council. MARY DAUM: Okay hi, I’m Mary Daum and I moved to Wayne County, 58 Park Street, Marshallville 44645. But originally from Meyer’s Lake, so we got the ban and I was super excited to see you there. I think it was for the Sportsmen’s Club though. So, needless to say the ban can happen. I did see you watching “Truthland”, that’s correct right? Did you like it? MAYOR HEALY: (Inaudible) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -444- MINUTES OF THE MEETING JULY 2, 2012 MARY DAUM: Wonderful, did you see “Gasland”? Okay, we were told that when...when there’s fracking involved there’s no water consummation, I do have a friend, a neighbor from Meyer’s Lake whose sister in Richland County, her water is contaminated right now. She’s getting supplied water for who knows how long. This is her sister in Richland County, so, these accidents or contamination that doesn’t happen, happens. Okay, somebody very close by Richland County, what two Countys over, what this is Stark right? Two or three. Anyway, there’s a new film out, a little short film, “The Sky is Pink” it’s another film by Josh Box and it goes to show that there were documentations given by oil and gas that have shown in their own records that their dependants on the cement casings that are used in the ground, 6% of the casings fail upon construction and then 50% fail over 30 years. So, if you get fracked, in 30 years half of that...I mean it’s job security for those that do cement work because they’ll be coming constantly back to clean it up but I mean the chance to get contaminated, you have to answer again to all your kids and all your grand kids and everybody involved. I don’t live in Stark County anymore. I was super excited about Meyer’s Lake’s ban but hopefully you’ll think and you’ll think of the future. PRESIDENT SCHULMAN: Thank you very much ma’am. Our next speaker is Darla Bruno. Ms. Bruno if you’ll step forward and give us your name and you’re residential address and welcome to City Council. DARLA BRUNO: Hi, Darla Bruno, 6519 Pebble Creek Avenue, NW, Canton, Jackson Township. I just want to talk about, you know, right now we are like in a drought I would say and the GAO put out a report in 2003 projecting many US Cities were going to have water shortages by 2013. And here we are, you know making water unusable, water that we need and less than 1% of the worlds water is drinkable. Okay? And I’m concerned and I’m concerned because I’m hearing Canton maybe wanting to sell water for fracking on top of leasing the land and I would like someone here to go on record about that, as whether that is true or not. If that is an intent, I ask you to rethink that. You know the people are going to need that water, people in this Country may need that water. The people in the rural areas are depending on Canton incase something goes wrong with their water supply, you’re the next biggest City, next biggest supplier of that water and you sort of have a responsibility to make sure that, that water is protected and available as much as possible. I also want to say that about two weeks ago Chesapeake settled a case, 1.6 million dollars for contaminating some wells and why is this significant? Because there was no gag order this time. This time the people can talk and the industry can no longer say they never contaminated the water source. There have been thousands...over a thousand other cases but there were gag orders and people can’t say anything well now that’s not true anymore, they can talk. So, you know, for them to say that they don’t contaminate is not the truth. And “Truthland” by the way is kind of ironic, the woman narrating that film, her well was contaminated from drilling. So, I’m kind of wondering what deal she had to make to speak, you know, in that film. But anyway, there’s also air pollution consideration. You know, asthma has gone up seven fold in areas where they’re doing heavy drilling..... (PROBLEM WITH MICROPHONE) PRESIDENT SCHULMAN: If you just turn the microphone down....we can hear you, you don’t have to get right up to it. DARLA BRUNO: Oh, okay. So in areas where they’re doing heavy fracking, asthma has gone up seven fold. So, I’m concerned about, you know, you putting these drills within the Cit....wells within the City limits close to people’s houses and what not, there’s a lot of VOCs that come off these wells and you need to, you know, require they put some kind of protection on them. I wanted to say that and real quick I want to say too, make COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -445- MINUTES OF THE MEETING JULY 2, 2012 sure, you know, when you make a deal, you’re...you know, you’re supposedly making a deal with a company that’s going to be a good neighbor, well you don’t know that they’re going to be the one that’s gonna still own that lease because they sell them and your good neighbor could be from China now. So, I don’t think, you know, the City should be leasing this land. You don’t know where it’s going to end up, whose going to have it and whether they’re going to be following all of our rules and regulations. Even though their supposed to and that’s the law, we all know there’s illegal dumping and things not done right. So, I don’t...I don’t trust just, you know, just signing with whoever, you know, you...you want to sign with because they may not be the one that ends up with it. PRESIDENT SCHULMAN: Thank you very much ma’am. Our next speaker is Greg Coleridge. Mr. Coleridge, if you’ll step forward, I hope I pronounced your name right. Give us your name and your residential address please and welcome to Canton City Council. GREG COLERIDGE: Good evening, my name is Greg Coleridge. I’m the Director of the Northeast Ohio American Friends Service Committee, which is a quaker social action organization, 2101 Front Street in Cuyahoga Falls. I’d like to begin just by saying that as a quake organiz....well just about every religion has something in their basic eat it that says judge person not by what they say as much as what they do. Judge a person not by their creeds as much as their deeds. And I say that because you are here to be lotted for your collective action in passing a Resolution declaring...or calling for a moratorium on fracking. And as we’ve heard being the very first community taking that prophetic stance, I applaud you for that. Nevertheless, that was merely a Resolution, equivalent of creeds. You have an opportunity to create some deeds, to follow up that important statement with an action that is consistent with that laudatory Resolution. And that specifically is not to support fracking in this community. Isn’t it time that we shift the burden of proof, it seems like on many issues in our Country, if not our World, when a new product, a new chemical, a new procedure, a new, you fill in the blank is created by a corporation, by an entity, by anyone, that they have a very short hurdle to get over before that chemical, product, you fill in the little blank, is allowed to hit the market. And the burden of proof for the danger or the problems, the malfunctions, the other concerns fall on us to show that, that procedure or product doesn’t work, is dangerous. In between of course is tremendous amount of damage to people, to communities and to the planet. We need to shift that burden of proof. Many of you I know, or at least one of you I know is an Attorney and as such, you have a basic protocol that says that there should be beyond a reasonable doubt. So, that policy should exist here as well. The burden of proof should be on the frackers that demonstrate beyond a reasonable doubt that what their proposing is beyond a reasonable doubt, safe and secure. The burden of proof should not be on us to prove that it’s safe but on them to prove that it’s safe. Thank you. PRESIDENT SCHULMAN: Thank you sir, very much. Our next speaker is Jonathan Marrero. Mr. Marrero, I hope I’ve pronounced your name. Welcome to Canton City Council. If you’ll give us your name and your residential address sir. JONATHAN MARRERO: Sure Council President, my name is Jonathan Marrero and I’m at 622 Shadyside SW in Ward 5 and I’m here also on the...on the fracking issue. I actually got a chance to talk to the Mayor before hand and he made some good points. We’re in a situation where either it’s...we fire Police Officers and Fire Department Personnel or we don’t...or we don’t frack. Well guess what, find another answer. Okay, I understand the situation but the fact is there is only so much air and only so much water. Okay, 6%, as you heard the young lady say, 6% the moment they drill, those..those, they’re back, they don’t know that until they put stuff in it, okay. One to ten million, average of 5 million gallons of fresh clean drinking water, they can’t COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -446- MINUTES OF THE MEETING JULY 2, 2012 use (inaudible), they can’t use something else, they have to use drinking water, okay. You heard the statistic, 1% of all the water on this planet is drinkable. Okay, when you shoot the water down, let’s say they don’t add any chemical, they just use clean water. That water becomes irradiated, that means it’s not drinkable tomorrow, not 50 years from now, not 500 years from now unless you want your kids glowing in the dark. Okay, so guess what, this is not the answer. Find another one, that’s what your job is. I’m sorry, it’s hard, do it. Find another answer because there’s got to be one. Okay, because our kids deserve better. I got three little girls and a little boy who are going to be going to school here. I’m not moving out of the neighborhood, I’m staying right here. I expect you guys to do it. I like most of you, okay. (Laughter) I do, alright. Some of you would even be nice enough to buy me a beer every once in awhile, I’d appreciate it. (Laughter) But look, this is your job and I’m here to call you guys on it and say “look, if there’s another way to do something, find it, figure it out, that’s what the job is. If you didn’t like it, there’s somebody else whose more than happy to take it from you.” But you know what, this is not the answer, I’m sorry because my kids deserve clean air and clean water. The Mayor talks about the fact that we have 3 aquifers and if even 2 of them get contaminated, guess what, how are you going to figure that out until somebody starts getting sick. So my kids gotta get sick before you figure that out? Half of...if you have 1,000 wells, half of them within the next 30 years are...by their statistics are going to go back, we don’t find that out until they have contaminated the ground and then it’s too late. Half, you only let 2 wells in the area, 1 of them has just contaminated 1 of the aquifers and like you heard, we don’t have anymore water, half the Country is now begging for water from the other half. You want to sell water, sell it to them. You want to make money selling water, sell it to the people who need drinking water, stop selling it to the frackers. They’re only going to be here for 2 to 4 years with somebody else’s (inaudible). They’re not even gonna stay long enough, they’re just...they’re literally crapping in your pool and leaving. Come on guys, that’s all I’m asking, think about what they gotta do alright. Look, I love all of you, God bless you. But there’s...there’s gotta be another answer and I don’t wanna hear that there’s not. Alright, if you all have to do two readings and foot something on there, give it to the City. And if come November, there’s no other answer, hey at least you guys tried. I don’t...I don’t want hear you guys have tried hard enough because you haven’t. Thank you. God bless. PRESIDENT SCHULMAN: Thank you. Our next speaker is Rosemary Hayne. Ms. Hayne, good evening. Rosemary Hayne, good evening, welcome. If you’ll give us your name and your residential address please. ROSEMARY HAYNE: Thank you. My name is Rosemary Hayne, 141 36th Street NW in Canton and I do live in Ward 9. I don’t want to waste a lot of time but I agree with everything the previous speakers have said about fracking. I just am tired of hearing Ohio called the backwards state. I think that New York has the right idea by putting a moratorium on fracking until they really find out the truth and I think we should do the same. Sure, Chesapeake is gonna make a very convincing film because, you know, they have money to lose. All of us here that are against fracking, we don’t have money to gain, we’re just worried about the future as so many people...the previous speakers have stated. So, thank you for listening and I really hope you’ll think about this seriously before you go ahead and vote to go ahead with the fracking without any further evidence. Thank you. PRESIDENT SCHULMAN: Thank you ma’am. Our next speaker is Marsha Zawacky...Zawacky, you know....Marcia, I’ll get it right one of these days. I’m an idiot, what can I say. Good evening, if you’ll give us your name and your residential address. MARCIA ZAWACKY: Good evening Mayor and City Council, I appreciate being able to be here. My...I am Marcia Zawacky, think of it as Marcia (she sings).... COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -447- MINUTES OF THE MEETING JULY 2, 2012 PRESIDENT SCHULMAN: I will, I’ll never forget it again. (Laughter) MARCIA ZAWACKY: Alright, and I live at 2831 Harrison Avenue NW. I...before I start into the fracking thing, I want to tell people thing, I want to tell people that the thing they got on the counter today is the Kresge Foundation...some Kresge Foundation information and the pieces are historical out of the Stark County story and I’d really appreciate it if you guys would at least read it...just please....okay, read it, right. Anyway, fracking, one of the things that I think a lot of people haven’t done is any research. ODNR actually wrote a book called “Under Ohio” and I wish people would get that book and read it. Because when the continents came apart, does everyone remember about the land masses coming apart? The...the, where it split off, the State of Ohio actually almost got torn completely in half and there is a giant rift right through the middle of Ohio, okay. The earthquakes that Youngstown was experiencing are...are..I always used to tell my kids before something awful happened “God fires the warning shot, he usually does something that tells you there’s gonna be something awful happen.” Those were the warning shots, okay. Now I wish ODNR and all these people that think what a great idea this is, would read their own damn book, okay, cause they’re who put that out. Now, the other part of all this is, just like everybody else in here said, they’re really....they are wasting our...one of the most precious resources we have, they are wasting, okay. Why not put all that money into solar and wind and things like that, that in the long run are going to be a resource. Gas is going to be history, okay, there’s only so much gas under the earth, alright. Do something that we’re gonna need for the future instead of doing something like this that’s more destructive then effort, okay. What more can I say, truly this is very disturbing to me. Okay, and I’m begging you guys, don’t do this, do something else. Go down to the Wilderness Center, they just did a whole bag of solar collectors and it’s hooked up and it shows how much money they’re saving, electric...with their electricity and stuff from the solar energy that’s coming in that they can’t use. Nobody is actually looking into this stuff and they need to do that. Anyway, thank you for letting me be here and you know I’ll be back. PRESIDENT SCHULMAN: Thank you Marcia. Our next speaker is Joe Mosyjowski, good evening sir. If you’ll step forward and give us your name and your residential address please. JOE MOSYJOWSKI: Yeah, Joe Mosyjowski, 2600 Swartz Road, Hartville 44632. As a Civil Consulting Engineer for over 30 years, I’ve seen poorly placed wells, severely hurt development potential destroy property values, including adjacent property values and jeopardize multi-million dollar projects time and time again. The cost to clean up polluted water is extreme. The City of Canton is very lucky, it doesn’t have the problem of a combined sewer system. Akron’s fix of that problem will cost repairs up around 700 million dollars. Please know that your water resources both ground and surface are far more valuable then the 10, 20 year limits of a gas boom. Please think of future generations. Please know that there probably isn’t a wastewater treatment plant in the Country that can treat radiation contaminated water. That’s exactly why the force it back into the ground. Imagine a drought year like 1988, are you ready to enforce a sprinkling ban when selling millions of gallons of water for fracking, each gallon of which will end up polluted and unuseable. How will you feel if the mineral rights beneath your corporate limits end up totally 4 and 0. Please know that this is a water rich area and water rich State. In this century, you will witness immigration into Ohio specifically because of its clean water resources. Please protect it. Please know that this is Ohio, it’s not okay. Thank you. PRESIDENT SCHULMAN: Thank you sir. Our next speaker is James Parker, Mr. Parker if you’ll step forward and give us your name and your residential address and as always welcome to Canton City Council. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -448- MINUTES OF THE MEETING JULY 2, 2012 JAMES PARKER: Thank you very much Council President Schulman. James Parker, 630 Penny Street, SE, City of North Canton, Ohio. I remember some stories about the fluoridated water some 50 years ago when they were fining the City 50 to $100.00 a day. We were the last City in the Nation to hold out and the Mayor at the time, I forget who it was, I was told he was at a large discussion meeting similar to this and he said “You know, some of my friends are for the fluoridation, some of my friends are not. Me, I’m for my friends.” So, that’s my official position on it. Honorable Mayor William J. Healy, ladies and gentlemen of Canton City Council, President Schulman, who always brings a lot of class to this operation, I’d like to wish a Happy Independence Day weekend. I hope you know, we’re the only Country that does the Pledge Allegiance to a flag and I’m here to officially thank the Mayor’s Office’s staff, especially Derek Gordon, if anybody hasn’t noticed, our Canton Central Plaza now flies football Hall of Fame City flags with other football related flags...team flags. It signifies a sea change is occurring, in my mindset it was an important flag raising for Canton’s image as Mount Suribachi for the Marines in World War II. Regarding the Kresge Lot, thank you to Thomas West for initiating a project in wish...in which we can look to refresh our City’s image at a time when next to oil and mining, tourism is still, I’d like to remind people, the 3rd largest industry. I would consider perhaps a name like Marion Motley Field with some goal posts and ash marks that more than just a name for great person, great Hall of Famer from Canton, I think this public space requires maintenance and it...right now it’s a little dishonorable as a brown space when we want to call it a green space that some TLC and some water goes a long way. If we could water that, this type of creative place making ideas could come to fruition. However, I feel as though certain review and design criteria for these type of projects especially the public art should be considered. Especially those that have put the plan laid out by the project for public spaces, it especially signifies that maintenance and life span is in shelf life of some of the art projects and displays of public art installations and their maintenance needs to be considered. Day, weekly, monthly plans, you know, so that whatever the name, you know, the place is given a lot of class. I don’t know for sure about a month and a half of looking into this, who owns the outdoor art. I’ve been told ArtsinStark owns it. I’ve been told it’s been deeded to the City and they own it. It’s still something I’m trying to find out but so far I’m sure Law Director Martuccio would be to completely answer that. So, my thanks again for placing the flags there. I hope you give very careful consideration to Marion Motley field as if you’ve talked to Paula Kosapis at the Renkert Building, I’ve been in discussion with her for a year and a half about projecting a ten story image of Motely and football players using Billy Ludwig from Massillon that lit up the downtown Christmas with Marion Motley images. So we plan on...on lighting this town up. Thank you very much. PRESIDENT SCHULMAN: Thank you sir, very much. Our next speaker is Jamie Jamie. Good evening and welcome to Canton City Council. JAMIE JAMIE: Hello everyone here. Honorable Mayor, (inaudible)...thanks for the opportunity to be here. My name is Jamie Jamie. I live 422 Sheraton in Canton, Ohio. I’ve come here for a reason. I want to thank you all for helping previously the deaf community and I ask that...the reason why I’m here is because Trillium has for all these years have handed off to an organization in Akron called Greenleaf and they’ve been fighting that to keep it here for Stark and of course the two other adjoining Counties. So we were hoping to keep it here but they still at Trillium just a little at bit stubborn about allowing Greenleaf to have take over this....their...their name. So we don’t want it and we were successful that we’ve now established a name and we have gotten some approval from RSC for three months and we want to start now (inaudible)...and roll up our sleeves and we hope that you will help that we will keep it here Stark County and keep it for all. Now, I want...we don’t want to move and it’s up to you to help support us. So I ask for you to help us please. Thank you for your time you’ve us. We really have (inaudible) for the deaf and for the children and we named our COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -449- MINUTES OF THE MEETING JULY 2, 2012 group Triad Deaf Services and we’re all in (inaudible) with you. Likewise, we’ll grow and have those children grow and they’ll vote for...become your...so we thank you for your time. PRESIDENT SCHULMAN: Thank you sir very much. Our next speaker is Nicole Kelly. Ms. Kelly if you’ll step forward and give us your name and your residential address please. NICOLE KELLY: Hello, thank you for having me here. Can you guys understand me? PRESIDENT SCHULMAN: Yes. NICOLE KELLY: I’m Nicole Kelly of 3900 Martindale, NE, Canton, Ohio. Thank you for having me here. I wanted to let you know (inaudible) ......... leadership, education and (inaudible) .....services and interpreting. (Inaudible) ....because we need that right now. So, we’re going to try to get it back. (Inaudible) ......So, I wanted to thank you all for your support, especially Mr. West. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. Our last speaker is Jack Hawk. Mr. Hawk if you’ll step forward and give us your name and residential address, welcome as always sir. Thank you. JACK HAWK: President Schulman, Mayor, Council People, thank you for having us. We’ve been pretty excited. First of all, I have to thank Councilman West. We’ve gotten this far because of him and some of the people he’s put us in contact with. Coming Together with Canton and some of the resources there have been just remarkable. In a very short period of time we have to....(inaudible)....sorry, sometimes I get dumb myself. (Laughter) So, in a very short time we’ll have to make this application for the RFP, which is due Ju...July 16th, we only have two weeks left to put that together. I would like the Council here and the Administration through the Mayor to endorse our new Triad Deaf Services so we can attach it to our RFP and that this is a multi-county organization operated by and for the deaf, hard of hearing and deaf blind and we are now...have located a office at 220 3rd Street, NW in Canton and we want you to further support keeping the deaf services here in Canton and further through education and through training, the City will adopt procedures in providing interpreters at Council Meetings when required and helping police and first responders in dealing with the needs of the deaf in emergency matters. It’s part of the ADA law and as I said before, deafness is the invisible handicap and we hope that you can help support us so we can attach that in our letter. It is the...the RFP is due July 16th. We will hear from them on July 27th if we’ve been successful to get that for October 1st to September 30, 2013. People who are competing with us are Greenleaf from Akron, they want to take over the 3 Counties that we have now. So I thank you and I hope that you can support us Mr. Mayor and City Council. And again, thank you to Councilman West that has been just wonderful to help us. We have the support of Coming Together Stark County and we now have the support of a hospital, local to work with us on interpreting for medical reasons. So, thank you very much. PRESIDENT SCHULMAN: Thank you very much sir. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now to Informal Resolutions. Madame Clerk would you please read Resolution #44 by title. #44. COUNCIL-AS-A-WHOLE: COMMENDING JIM GRIFFIN FOR RECEIPT OF VOLUNTEER OF COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -450- MINUTES OF THE MEETING JULY 2, 2012 THE YEAR AWARD FROM KNIGHTS OF COLUMBUS. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Resolution 44. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 44. Are there any remarks? MEMBER DOUGHERTY: Mr. President, could we have that read please? PRESIDENT SCHULMAN: Yes, Madame Clerk. CLERK TIMBERLAKE: Recently Ward 3 Councilman Jim Griffin received top honors at the Ohio Knights of Columbus State Convention in Cincinnati. Jim was named the 2011-2012 Diocese of Youngstown Volunteer of the Year for his commitment and service to charitable and civic organizations; and WHEREAS, Jim attends St. Joseph Church and serves as an Usher and Adult Mass Server. At Aultman Hospital Jim is the Eucharistic Minister; and WHEREAS, Jim represented Knights of Columbus Canton Council 341 in Cincinnati and also in Washington, DC. for the Right to Life March. He is the Chairman of the Knights of Columbus Annual “Blue Mass” that is held at St. John’s Church which honors our safety forces; and WHEREAS, Jim is on the Board of Trustees for the Canton Ex-Newsboys and is a Team Captain for their annual charity newspaper sale. For the Canton Preservation Society, Jim is one of the Board of Directors; and WHEREAS, Member Griffin gives countless hours of his time and truly enjoys giving back to the community. NOW, THEREFORE, BE IT RESOLVED: that we, Members of City Council of Canton, Ohio go on record to recognize, commend and give special tribute to JIM GRIFFIN for his outstanding community commitment of volunteer service in Canton. Thank you Jim for your volunteer spirit, it is truly a blessing which has enriched our community. (APPLAUSE) PRESIDENT SCHULMAN: Any other remarks? Hearing none, all those in favor of the Resolution, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #44 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Leader. MEMBER DOUGHERTY: I’m tired after hearing her read that, you do a lot. Jim didn’t...he’s not the kind of guy that takes pats on the back, doesn’t need any of that kind of stuff. But it’s important that we honor our Members when they do stuff in the community. And that’s something to be really proud of, “Volunteer of the Year”. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -451- MINUTES OF THE MEETING JULY 2, 2012 MEMBER GRIFFIN: Thank you. MEMBER DOUGHERTY: It really is and I’m really proud to be able to give you this. Thank you for everything you do. (APPLAUSE) MEMBER GRIFFIN: Thank you Dave and I’d like to thank the girls in the office for all the work you guys do and you then you take the time out to do this. You know, I humbly accept this and I do these things, not for this, I just do them. My mom told me to do it, I do it. (Laughter) You know I had to help the neighbors and I was the paperboy and I paid the bill, I took the bills up to Davies Drugs and when they needed something they “Hey Jimmy, come here” ya know, they were allowed to call me Jimmy, yeah, okay. (Laughter) But anyway, my hat goes off to you guys, my colleagues who, you know, you have full time jobs, I’m retired and I can do this kind of stuff but you guys work all day and then you go home thinking you’re going to spend time with the children and that and then the wheels fall off the wagon and you gotta go out and do something. So, really I appreciate you guys working full time, having families, etc. and I just commend you, you know for what you do, like I say...somebody asked one time, “How could you do all that stuff and be an employee?” I said “I wasn’t a good employee.” (Laughter) I can tell you this now, we had a back door where I was, (Laughter) It’s out the back if I had a track meet...I’d pull the car...my truck up. (Laughter) Anyway, okay. (APPLAUSE) PRESIDENT SCHULMAN: That’s why they have statutes of limitations. (Laughter) Congratulations Jim. MEMBER GRIFFIN: Thank you. PRESIDENT SCHULMAN: Thank you. Turning now to Informal Resolution 50. Madame Clerk. #50. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF AMANDA STEWART TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL FOR 3 YR TERM RETRO FROM 6/1/12 - 5/31/15. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Resolution 50. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 50. Any remarks? Hearing none, by voice vote again, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #50 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the Resolution is adopted. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -452- MINUTES OF THE MEETING JULY 2, 2012 COMMUNICATIONS PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JULY 2, 2012. 251. AUDITOR MALLONN: REQ FOR ADDITIONAL AMENDED CERT DATED 6/20/12. - RECEIVED & FILED 252. COMM DEV DIRECTOR WILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ECONOMIC GROWTH INITIATIVE AGMT WITH CASE FARMS PROCESSING INC. & CASE FARMS, LLC FOR PROVIDING JOB CREATION TAX INCENTIVE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 253. FINANCE DIRECTOR DIRUZZA: REQ ADOPTION OF ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/13. - FINANCE COMMITTEE 254. NORTH POINT ENGINEERING: NOTIFICATION OF PUBLIC MTG TO BE HELD ON 7/23/12 FOR OHIO EPA PERMIT FOR PROPOSED BULKING FACILITY FOR JMW TRUCKING SERV INC. - RECEIVED & FILED 255. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO PURCHASE 14 EASEMENTS FOR PHASE II OF THE HARTVILLE/LAKE TOWNSHIP WATER MAIN EXTENSION PROJ & MAKE PMTS TO PROP OWNERS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 256. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR TO ENTER INTO AGMT WITH ONE COMMUNITY TO CONSTRUCT FIBER OPTIC COMMUNICATION LINES FROM WEST CORP LIMIT ALONG 13TH ST NW TO MERCY MEDICAL CTR & EVENTUALLY BE EXTENDED TO OTHER ANCHOR INSTITUTIONS IN CANTON. - FINANCE COMMITTEE 257. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO EXECUTE FINAL CHG ORDER (#2) TO CITY PAVING CONTRACT #2011-50 GP 1162 WITH CENTRAL ALLIED ENTERPRISES IN AMT OF $15,000.00; AUTHORIZE & DIRECT AUDITOR TO PAY FINAL CHG ORDER AS MORAL OB AND DRAW WARRANTS & MAKE PMTS. - FINANCE COMMITTEE 258. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONSULTANT CONTRACT BETWEEN CITY AND GPD INC FOR ENG SERV RELATED TO MAHONING RD CORRIDOR (MAPLE TO GRACE) GP 1103, PID’S 90365 (ROADWAY) AND 91594 (UTILITIES); MAKE SUPP APPROP FROM 4566 MAHONING RD CORRIDOR PROJ, GP 1103 FUND, UNAPPROP BAL TO 4566-202079 MAHONING RD CORRIDOR PROJ, GP 1103 FUND; AUTHORIZE CITY TO APPLY FOR AND RECEIVE GRANT PERTAINING TO THIS COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -453- MINUTES OF THE MEETING JULY 2, 2012 PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 259. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR TO EXECUTE NECESSARY STORM SEWER EASEMENT AGMT WITH DEVILLE DEVELOPMENTS AND PERMIT SERV DIR TO MAKE ANY NECESSARY MODIFICATIONS TO EASEMENT AGMT PRIOR TO EXECUTION OF SAME. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 260. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 5/31/12. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the First Reading. Let the journal show that all Ordinances are being given their reading as required by State law. Madame Clerk would you please read the First Reading Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #12 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO A LEASE AGREEMENT(S) FOR MINERAL RIGHTS ON SELECTED CITY OWNED PROPERTIES Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING SECTION 181.14, ALLOCATION OF FUNDS, OF THE CODIFIED ORDINANCES Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, AND SECTION 181.15, CREDIT FOR TAX PAID TO OTHER MUNICIPALITY AND JOINT ECONOMIC DEVELOPMENT DISTRICT, OF THE CODIFIED ORDINANCES Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 22, 23 AND 24; AND DECLARING THE SAME TO BE AN EMERGENCY (KRESGE LOT @ 300 MARKET FOR CITY OF CANTON) Referred to Public Safety & Thoroughfares Committee #5. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF PART OF LOT 42554; AND DECLARING THE SAME TO BE AN EMERGENCY (34TH ST & MORRIS NE FOR DON MOORE) Referred to Public Safety & Thoroughfares Committee COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -454- MINUTES OF THE MEETING JULY 2, 2012 #6. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 306138, 305896, 10002406 & 305898 FOR CENTRAL ALLIED ON HARMONT NE) PUB HRG 7/30/12 @ 7:30 P.M. Referred Judiciary Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE BROAD AVENUE ANNEXATION AREA CONTAINING APPROXIMATELY 0.179 ACRES; ASSIGNING SAID TERRITORY TO WARD 1 OF THE CITY; ZONING SAID TERRITORY AS R-1A (SINGLE FAMILY RESIDENTIAL); AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee PUB HRG 7/30/12 @ 7:31 P.M. #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR SUPPORT CONTRACT WITH THE JAMES GROUP IN AN AMOUNT NOT TO EXCEED $38,139.20 FOR ONGOING SUPPORT AND MAINTENANCE OF THE CITY’S ORACLE SOFTWARE LICENSES PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT IN AN AMOUNT NOT TO EXCEED $200,000.00 FOR THE EVALUATION OF THE LARGE AND CRITICAL WATER VALVES AS PART OF THE WATER DEPARTMENT’S VALVE MAINTENANCE PROGRAM AND GEOGRAPHICAL INFORMATION SYSTEM (G.I.S.) MAPPING PROGRAM; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF 38TH STREET NW AND GUILFORD AVENUE, INTERSECTION IMPROVEMENT PROJECT, G.P. 1175; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($70,000.00) Referred to Public Property Capital Improvement Committee #11. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF 16TH STREET NW, ROADWAY PROJECT, G.P. 1176; AMENDING APPROPRIATION ORDINANCE NO, 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($225,000.00) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -455- MINUTES OF THE MEETING JULY 2, 2012 Referred to Public Property Capital Improvement Committee #12. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO RESURFACING OF HARRISON AVENUE (CR254) FROM SLM 9.41 TO SLM 9.57 WITHIN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety and Thoroughfares Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you Madame Clerk that’s not easy to do. We’re now under Ordinances and Formal Resolutions for their Second Readings. Will you please begin with Ordinance #13. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #13 THROUGH #18 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #13. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE; DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COOPERATIVE DEVELOPMENT AGREEMENT WITH D’AMICO SENIOR HEALTH CARE FOR THE DEVELOPMENT OF 3332 - 13TH STREET N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE ADOPTING THE DEPARTMENT OF DEVELOPMENT’S CITIZEN PARTICIPATION PLAN; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH GERMAIN FORD FOR THE PURCHASE OF ONE 2012 OR 2013 FORD F-250, WITH APPLICABLE OPTIONS, AND TWO 2012 OR 2013 FORD F-450 CAB AND CHASSIS, WITH APPLICABLE OPTIONS, IN A TOTAL AMOUNT NOT TO EXCEED $100,000.00 PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY (COLLECTION SYSTEMS) #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AMENDMENT WITH M-E COMPANIES FOR AN ADDITIONAL AMOUNT NOT TO EXCEED $35,900.00 FOR ENGINEERING SERVICES DURING BIDDING AND OVERSIGHT SERVICES CONSTRUCTION COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -456- MINUTES OF THE MEETING JULY 2, 2012 OF PHASE II OF THE WATER MAIN EXTENSION INTO THE VILLAGE OF HARTVILLE; AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND RDG) ADOPTED AS ORDINANCE NO. 96/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR THE PART-TIME POSITION OF CRIME ANALYST WITHIN THE CANTON POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $20,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Statutory Rules on Ordinance 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 18. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #18 ADOPTED AS ORDINANCE NO. 96/2012 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #19 because we are now turning to Ordinances and Formal Resolutions for the Third, Final Reading and vote. #19. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 97/2012 AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL AND CITY ENGINEER TO ADD STREETS TO THE LIST OF GATEWAY CORRIDORS; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -457- MINUTES OF THE MEETING JULY 2, 2012 PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks? Leader. MEMBER DOUGHERTY: Mr. President I move we amend Ordinance 19 per the amendment in front of all Council Members. MEMBER GRIFFIN: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 19 by the substituting of the attached Ordinance for the existing proposed Ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded to amend the Ordinance per copy of the Amendment before each of you. Are there any remarks on the Amendment? If not by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 19 as amended. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19 as amended. Are there any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #19 ADOPTED AS AMENDED AS ORDINANCE NO. 97/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance 20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 98/2012 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -458- MINUTES OF THE MEETING JULY 2, 2012 (617 MCKINLEY AVE SW - FORMER WELLS ELEMENTARY SCHOOL - SMHA) PUB HRG 7/2/12 @ 7:30 P.M. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 20. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #20. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #20 ADOPTED AS ORDINANCE NO. 98/2012 PRESIDENT SCHULMAN: Ordinance #20 is adopted. Ordinance #21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 99/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE INTERFUND TRANSFER HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($7,917.47 FROM NORWOOD HILLS FUND TO WATER FUND) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 21. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #21. Any remarks under that Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #21 ADOPTED AS ORDINANCE NO. 99/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk and thank you for tonight. Ordinance #21 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We can now go to Announcement of Committee meetings.  COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -459- MINUTES OF THE MEETING JULY 2, 2012 MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE: Finance will meet July 16th at 6 P.M. PRESIDENT SCHULMAN: Thank you. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Public Safety and Thoroughfares will be July 18th at the same. PRESIDENT SCHULMAN: Thank you. Leader. MEMBER DOUGHERTY: Mr. President, Public Property Capital Improvement will also meet the 16th at 6. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Thank you very much. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. MEMBER HAWK: Mr. President. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Yes Member Hawk. MEMBER HAWK: Interesting literature was placed on all of our desks this evening and I was taking a look through it and there was something that caught my eye. It was a picture so it was easy for me to get attracted to it, so. And it speaks of water and drilling, this was written by drilling company people out of Massillon, Ohio, who built drill casing pipes awhile ago and...by the way, these were scripts read on WHBC radio in 1955 (inaudible)... Canton, Ohio and it refers to this....and I’ll read you a quick (inaudible) of it. It says “The miracle of a great underground river 200 feet below the Tuscarawas Riverbed is one of the wonders of Ohio which is attracting increasing attention from State Geologists in the Department of Geology at the College of Wooster. The 200 feet of sand and gravel between the present river bottom and the old pre-glacial river known to Geologists as the Dover River, which runs......” this is important, “....from south to north creates an ideal reservoir. Mr. Vangunten.....” He was the gentlemen who made drill pipes for water wells. “....lifelong (inaudible) has been roaming the fields and studying their geology....geological formations. For years he’s been writing and talking about the plains south of Massillon, west of Route 21 and east of the Tuscarawas River with their marvelous underground supply as the ideal site for water thirsty industries. Perhaps someday COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -460- MINUTES OF THE MEETING JULY 2, 2012 his idea will catch on.” Well this is what became our Sugarcreek Water Field folks so the idea did catch on and somebody from Canton, Ohio, people who held these seats before us and Administrations saw the value of this and went down and acquired those Sugarcreek Water Fields which now gives us an awful lot of water to where we have available to sell and I think it behooves us to protect those water fields to the best of our ability so our future generations will have the same wonderful supply that these guys found and talked about in 1955. Thank you. PRESIDENT SCHULMAN: Thank you Member Hawk. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: Thank you sir. I wanted to thank obviously the many 19 public speakers, I don’t think is a record for this year but it’s...it’s certainly a high number. One in particular I wanted to point out, I’m not sure if he’s still here because I have (inaudible) ...eyesight which is no secret to anybody who knows me, is Mr. Coleridge who I was a little surprised when I saw him come in, I know many of the Council Members are also members of the Jefferson Jackson political organization, I saw Mr. Coleridge speak there, I was introduced to him by a friend of many ours, Mr. Dan Scuirry later that evening. This was well over a year ago on the topic of corporate personhood. Mr. Coleridge gave a quite lengthy, very fascinating history on corporate personhood, some of the perils of it and I took away from that just the immense amount of knowledge and how committed he is to that. And so obviously having him here speaking on this issue, it means certainly a lot to me and hopefully those of us that remember him that were at that particular meeting will know that he knows quite well what he is speaking of. Then also obviously the rest of the people who come down, I...I very much share their concern on fracking and as I....I...said in the article in the Repository, I will be voting no on that. Thank you. PRESIDENT SCHULMAN: Thank you Member Fisher. Member Cirelli. MEMBER CIRELLI: Several things, first of all is the Mayor...did he leave or...does anybody know? PRESIDENT SCHULMAN: I’m not sure Member Cirelli, I know he walked outside, I think he was talking to somebody. MEMBER CIRELLI: Yeah I saw him. He maybe in the back hall. But I appreciate the gentleman that read our Resolution that we had passed and I didn’t realize it was that long ago when we had that hearing that we had that had a lot of professors came in and told us nothing but....bad about this, as a matter of fact you kind of thought maybe it was one sided but we did have one person here that was in the drilling. But this has grown and it’s continuing to grow. The people, everything that we’re hearing as far as I know is true. I spoke to some people last night that have a lovely home and their home was rented to some of the people that are the workers and they were displaced over to another foreign Country with their job and then they either got emails or notifications and calls and what have you from their zoning people and what have you because the people that were living there that were working for these fracking companies were literally destroying their property that was being rented by the fracking company. So, they came home to see what they had left of their house. You know, water is the only thing we can not ever make. Member Cole asked me “Whatever became of the Water Commission that we had?” and in my mind it’s not really clear what came out of that. Maybe you can speak on that but.... COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -461- MINUTES OF THE MEETING JULY 2, 2012 PRESIDENT SCHULMAN: I was actually going to say something, yeah. MEMBER CIRELLI: I appreciate that. But speaking of water, everybody knows I am anti-hydrofracking and I will never be anything different and I’m the oldest Member of Council, age wise and I’ll be long gone but hopefully other people will come after us that we are supposed to do what is right for them and I appreciate some of the new Members, they’re listening. I would ask you to educate yourself as very much as you can. We did get the Resolution passed. However, Mr. Martuccio, when I tried to get an Ordinance said it would be superceded by the State of Ohio and wasn’t going there. And I was totally frustrated and somewhat, you know, disgusted and felt he wasn’t maybe trying hard enough by giving everybody the benefit of the doubt. But I thank the people, don’t give up. You know, it’s your voice that we’re supposed to be your voice speaking. So, please always go to the other Councils in the other areas also and the Township Trustee Meetings, you know, and let them know what your thoughts are and your feelings. You know, good...bad Government flourishes when good people sit by and do nothing. So, therefore you’ve got to remember that and you’ve got to be good people that have got to continue this cause. Here comes the Mayor and I hope he’ll come up so I can ask him a question. Excuse me Mayor Healy, your Honor, maybe you could come up so I could ask you a question, sir. I appreciate that very much. Yeah, hold on....well in the meantime I...I had sent some emails out to try and get, unfortunately the green space, which looks like brown space as somebody said, watered because we have a fire hydrant there that they could get in there and water that because the grass is crunching and we did have a good rain but it’s still not enough. So, if we could water the Kresge Lot, it’s always going to be Kresge to me. On this issue, are we....Mayor, and I would have asked Warren Price but he’s not here. So, are we now supplying water from our Northeast water aquifer for the drilling that’s done in the City of Canton up there, the hydrofracking that they are doing there on that pad? PRESIDENT SCHULMAN: Mayor. MAYOR HEALY: I can’t answer that with any confidence, yes or no. I do know that...I believe we’ve had at least one and possibly two sites that use water that came through the City of Canton from one means or another. To give you an example, if you remember when we were talking about the...the program that Tyler Converse put in, our water treatment Supervisor, that he did with the leak detection program and over the course of three years found leaks in our system and patched them and fixed them. He stopped the leakage of over 5 million gallons of water per day that was going through the cracks by fixing the leaks underground. A well that they’re referring to uses about 5 million gallons, which we found 365 days worth of those...of that volume in reference to just patching our system. So, to...I’m just trying to keep the water volume in perspective. That’s what allows us to be able to go to Hartville with water and other places because we have a tremendous amount of ability to produce water far, far more than what we utilizing. But from what I understand, I think that one or two wells may have made...been used with Canton water but I can’t tell you exactly where it came from or where it came through. PRESIDENT SCHULMAN: Thank you Mayor. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Yeah, if I will send it to Warren Price and Tyler cause I know we are using the Northeast Water Field to do hydrofracking as it is right now. And that’s something that this Council, I hope the rest of you will check into it please. And I think we should have something to say for it, whether we want to continue that or not because it is our water. Another issue is this paper that we got where Member Hawk found about COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -462- MINUTES OF THE MEETING JULY 2, 2012 the water resource in there, the Kresge Foundation unfortunately it’s like getting...it’s closing the barn door after the horse got out. Because to my understanding, and Mr. West you can tell me if I’m right or wrong, at the 4th of July fireworks is when they’re going to announce the new name of the...of what was the Kresge Lot, that was my understanding. I could be wrong but if anybody got a chance to look at this, Kresge Foundation is a 3.1 billion dollar national foundation and they give 481 awards totaling 158 million dollars in the year 2010 and it all began because Sabastian (inaudible) Kresge established the Kresge Foundation in Detroit which is still in existence today, which by the way, a lot of their money is given for arts and culture and community development, which I think we could use some of that money but we may have just slapped them in their face. And their ongoing Kresge family involvement are mostly the board of directors for more than 8 decades of....the Kresge family has provided guidance and inspiration for the foundation. But we may just shut that door also by what we’ve done here. So and I do want.... MEMBER WEST: Member..... MEMBER CIRELLI: the...I want to make.... MEMBER WEST: ......do you want me to answer your question? MEMBER CIRELLI: In a second please. I want to make the statement, we really did not do this, we only said you could have a group of people to change...bring up the name. But tell me where you’re going from. MEMBER WEST: Do you want me to answer your question? PRESIDENT SCHULMAN: Member West. MEMBER WEST: Okay, thank you. Yes it is on July 4th and if you submitted the name the Kresge, then how do you know, it might have been selected because currently there’s not a name. I think we talked about that before and we all have Kresge Foundation right here in front of us so we’re familiar with that and I will be applying for that for some money for the Kresge Lot, thank you. PRESIDENT SCHULMAN: Anything else Member Cirelli? MEMBER CIRELLI: Yes just one thing, I’d like to get this to Safety Director Ream cause now it’s become weekly and some of the other Council people are getting and maybe some of the staff are getting this antisemitic letters that we are getting, which is ridiculous when they know who is sending them out sir. I don’t think we need to be...it’s almost bordering on harassment. So, they’re coming to my house and to some of the other Council Member’s houses as well. And I think we need to do something about this individual. I would appreciate that, I will be glad to give you that. PRESIDENT SCHULMAN: Thank you very much Member Cirelli. Member West. MEMBER WEST: Yes, thank you Mr. President. I wanted to say also on July 10th at noon, we will be kicking off the Walk of Fame and that is the Canton Downtown Walk of Fame, we’ll be walking half mile that day but the whole program is targeted towards walking in Downtown Canton and I’d appreciate all Council Members and of course the community to come out. It’s all about promotion of walking and getting healthy and living healthy lifestyles. So, if you get a chance please, on July 10th at 12 noon, we’ll be meeting at the square in Downtown Canton. So, by all means please come down. I also wanted to thank the...give a special thanks to the Repository for their spreading of the contest. I think it went very well. We’ve received over 300 names, as COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -463- MINUTES OF THE MEETING JULY 2, 2012 a matter of fact we had 200 last...last week, end of...Friday and of course today we ended up having 100 more. So, I wanted to thank Ed Balint for his article in getting it out there. And I think it was...it was a lot of fun and of course a lot of names came in and this all about exciting and igniting downtown....igniting downtown, let me say that again. Many times we talk a lot about change. Everybody comes here “Well Canton needs to change....Canton needs this, Canton needs that.” You know it’s funny because I got a lot of constituents, some people support, some people don’t, some people want this, some people want that. But the bottom line is we are trying to move forward by bringing things to this community and by brining it downtown. And I’m hopeful that the...the...the names that came through, very hopeful that I think people are going to love the idea and the concepts that came through, I’m pretty confident in that. I’m also encouraged that, you know, the committee that I had, I want to thank them all for coming out and we’re going to continue to work on that block. Downtown needs a lot of work and we’re going to continue to work in Ward 2 and ask this Council to support those endeavors. So that Canton can be the place that everybody sees as, you know, the place to be. Thank you. I also wanted to mention before and I don’t know who to ask this to, I believe it would be to, I’m gonna take a stab at it, the Mayor if that’s possible. The...and this deals with the Recreation Department, I was very...very upset this past week because we requested $700.00 to the Recreation Department for art supplies, recreation equipment for our summertime program that we had down in Nimisilla Park. We were denied, just for art supplies and some basketballs and you know, little arts and crafts and things of that nature just to do a summertime program. I received 3 full time staff to do work down there and we were rejected. So, I ended up having to send 2 of the kids back and had to reduce the...the program to just someone supervising kids as they come. So, I don’t know if...what...what we can do about that with the Rec Department. Do you know anything? And I am not... PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President. The Recreation Department is actually a joint recreational department between Canton City Schools and the City of Canton. There are 5 Board Members, 3 of which are appointed at the request of the Mayor and 2 by the School Board themselves and they...they hire and manage a Director that is an independent operation, they have independent funding because they have a levy that funds them. We have no direct authority over the Recreation Department, obviously we have some influence but that is an independent department, not under the Mayor’s authority or anybody in the Administration or Council. So, the only thing you can do is go to the Board and go to the meetings and lobby them like you would any other Board. MEMBER WEST: Thank you. Thank you President. PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business. Mayor Healy.... MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: I’m sorry, Member Hawk. MEMBER HAWK: Very quickly sir. I neglected to announce an Annexation Committee Meeting for July 16th at 6 P.M. Thank you very much. PRESIDENT SCHULMAN: July 16th, thank you Member Hawk. Mayor Healy. MAYOR HEALY: Thank you Mr. President. I’d like to just share a couple of pieces of information that are actually good news for the City of Canton. May have been, one of these I think was in the newspaper. But the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -464- MINUTES OF THE MEETING JULY 2, 2012 City of Canton as you know, we’ve been talking about the finances and all the challenges and struggles that we...we face, the cuts and shortfalls that keep coming our way. We were notified last week that the City of Canton is going to receive cops grant money which was one of the funds that was drawing up on us. But just for clarification, they announced that we would receive some $821,000.00. However, there’s a couple catches with this particular resource. In the past the Cop’s grant money had very little limitations, it was 100% money where we were paying for Police Officers and it was unrestrained. This particular one, although it’s for $821,000.00, it is a 3 year grant, which means it will get up to 274,000 in any one year. So, it’s 274,000 on an annual basis for 3 years. It is a matching grant of 75%, which means we have to come up with the 25%. So in order to be able to utilize this we would have to come up with about $100,000.00. We’d have to spend about 100,000 more to be able to use these dollars to get the grant money but it is monies that are available and we can look at that and try to find a way. The other thing that makes this one challenging is they have a clause on this one that says the money has to be used for Veterans and just to give you an example, if you look at the way that we hire, we have a Civil Service test that is prov....that is done, it takes us about 6 months to get the eligible candidates for a Police Officer ready and hire and we have to go by Civil Service rules the top of that list down. And just looking at this list, we still have maybe 50 names that are still available. Out of those 50 there are only 6 of them that have Military experience and they’re not the top 6, which means we would have to bypass the higher ranked candidates in order to get to the Military candidates, which really kind of violates our system, the Civil Service Rules. And if it’s used to prevent layoffs, layoffs are done by union contract from the least senior person on up and if that least senior person has Military and the people that have more seasoning do not, we would be laying off more senior people to keep the less senior Military people which violates our contract. So, the way that this is written legally we can’t use these dollars either to prevent layoffs or to hire new people, it conflicts with Civil Service law and union contracts. So, I put that out there that says yes it’s good news, there’s some grant money that we have potential access to but now we have to go back and negotiate or...or ask for an exception or an exemption for them to allow us to use these dollars. So, before we get too excited, we’ve got money that we can’t use in a pot that we have to go back and figure out how we can get them to give us an exception. Or we maybe sending the money back. So, yes we got awarded the money but it’s not a done deal yet and it could take several months for us to figure this out. So, that’s much, much better news than what we’ve been getting over the last 2 or 3 years. That tells us I’m losing, you know, $4 million of my local Government fund or a $1 million of my inheritance tax or....I’m not losing any money on this one. This is money that we potentially can gain but we haven’t got yet. So, I wanted to share that because it is quite complicated. The other piece of good news is we went to the Team NEO, the Northeast Ohio Economic Development Division, the Team NEO banquet this past week and the City of Canton was nominated for an award, new business attractions for large businesses and we...we won the award to be recognized for northeast Ohio for receiving or attracting a business, this was for VXI Global Solutions. This...to qualify was for companies that brought in 300 new jobs. VXI Global...Global Solutions has already hired over 800 people and they’re on their way to 1500 and they have been open for less than a year. So, not only do we get the jobs and the opportunity that helps for our downtown but we got recognized by Team NEO and we got a nice award for it...a trophy...or plaque or whatever it is. And we were also told that VXI Global Solution was a single largest new business in Ohio for the entire year of 2011. So, we’re very fortunate here in Canton. I just wanted to share that with you. PRESIDENT SCHULMAN: Great job Mayor. Any other Miscellaneous Business? I do want to respond briefly, I know the hour is late, to Member Cirelli and I know Chairman Cole and his committee must feel like every controversial thing that is happening in the City is coming his way but I know in 2 weeks you’re going to be discussing what the audience was suggesting and discussing with us and the Mayor’s proposal on the leasing of mineral rights, which I think we all know what that would entail. And in answer to Member Cirelli’s question, Law Director Martuccio has indicated that the Water Commission’s statutory language should be ready very shortly. I hope within a few weeks and so the Mayor will be, if it’s passed obviously, the Mayor COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -465- MINUTES OF THE MEETING JULY 2, 2012 will be appointing Members to that Water Commission and obviously that is very significant to our community. And so I wanted you all to know that since Chairman Cole had inquired of you Member Cirelli. And I want to thank the people who came down tonight. This is a very, very difficult issue. And I think it’s going to require a great deal of consideration and thought that I know our City Council and our Leadership in Council and the Mayor will give. Some...one of you did identify jobs and the dangers presented by a new technology and we understand that delicate balance and we also understand, all of us I know, that the greatest resource this community has is its water and it will always be the greatest resource going long into the future, long after the oil and gas industry is through with this particular area. So, I did mention Leader and I would just make a comment to Chairman Cole, about a month or 2 ago Superintendent Converse gave us his report and mentioned the concerns that he had and at the time I indicated that it might be advisable for Superintendent Converse to come down and address us and share with us those concerns and I know that the Mayor and the Chief of Staff particularly Warren Price indicated they were actually doing something about it and investigating that. So, it might be appropriate when you hold your meeting or not, to have Superintendent Converse come down and share that information with us. The one thing I heard tonight that I don’t think has been answered adequately is when they take these millions of gallons and they flush it under high pressure into the ground, what does happen to the wa...what does happen to that water? I mean it’s...it’s certainly worth...I’d like to get an answer and I think all of us would since we all recognize that our water supply...and the Mayor recognizes it too by the way, is one...the most precious natural resource this community has. So, with that any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: I just wanted to congratulate the Mayor and his Administration on winning that award and I went through VXI last week and just seen a number of my people in Ward 2 that was actually hired and some of these people have never worked before. So, I want to applaud you for the award and bringing those jobs to Canton. Thank you. PRESIDENT SCHULMAN: Thank you. Any thing else? Leader. MEMBER DOUGHERTY: Mr. President, Mayor, on that money that you’re saying we can get but you got to use it Veterans, my understanding is you can use that money for the department right? For Police Officers, right? PRESIDENT SCHULMAN: Mayor. MAYOR HEALY: It’s very specific when you apply for the grant. You’re applying either to prevent layoffs or to hire new officers because you’re short staffed. We have not got the document yet to determine which end of it we have to use it for but when we get that document, either case it creates a problem for us. MEMBER DOUGHERTY: Well no, no...well look real close at it. I know you will but how many Veterans do you have in the Police Department? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -466- MINUTES OF THE MEETING JULY 2, 2012 MAYOR HEALY: The problem is it has to be done on a seniority base because if you’re preventing layoffs, if I skip somebody because they’re not a Veteran and I go to the Veteran I could be literally laying off somebody with more or less seniority which creates a problem for us. So.... MEMBER DOUGHERTY: Well you just talked about hiring in new people, I’m talking about the entire department with the people you have there already.... MAYOR HEALY: Oh yeah.... MEMBER DOUGHERTY: ...cause you only said “You know, people that are applying, I only have this many Veterans....” but how many Veterans are in your Police Department and can you use the dollars, using Veterans in your Police Department? MAYOR HEALY: Yeah, I mean, we might have say right now 150 Police Officers, 140 Police Officers and maybe 50 of them are Veterans. The problem is, is it’s based off seniority and how you...you deal with this. But Safety Director Ream would like to respond if you don’t mind. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Mr. President, Mr. Majority Leader, the last time we received a Cop’s grant we worked with the Federal Agencies and got a waiver from our initial application and they were very receptive to working with us that we could use the money appropriately. We hope that we get that same participation from them and quite frankly, until we see the paperwork we won’t know exactly how it’s going to work and then we’ll work with them on that. MEMBER DOUGHERTY: Thank you. Also the Kresge Lot and once it’s renamed and we kept the Committee together because we want to take this to the next level and do some extra things with the Kresge Lot cause I’m not happy with the condition it’s in and you know, Robb Hankins was here and he’s on the Committee and you know, why can’t we have a stage...permanent stage on that lot for different things and functions and...and you know, through the arts and all that and having shows more on a regular basis. Why can’t we have a sprinkler system so that the grass stays green all the time, using some of that good Canton water and...so there’s some things...the committee is going to stay together because you know, I’d like to see, I envision seeing a flagpole there with a flowerbed around it and we need to be displaying our flags...our City flag and our American flag and other flags during the season. So, I’m hoping the Committee really works hard because I think we need to take this lot to the next level. I move to adjourn. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: Moved and seconded to adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President.. PRESIDENT SCHULMAN: Thank you Madame Clerk. Everybody have a wonderful, safe 4th of July and we’ll see you soon. (Gavel falls) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -467- MINUTES OF THE MEETING JULY 2, 2012 ADJOURNMENT TIME: 9:04 P.M. ATTEST: JULY 16, 2012 APPROVED: JULY 16, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT