5.2.4 DRAFT NO. 10-28: AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR A GRANT IN THE AMOUNT OF $ 1,250,0000 OR HIGHER FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, AND DECLARING AN EMERGENCY. (UNAUTHORIZED)

5.3 HEALTH & SAFETY COMMITTEE (KUHAR/AMRHEIN)

5.3.1 Written report of March 3, 2010

ACTION RECOMMENDED:

1. UPDATE OF REGIONAL FIRE STUDY PRESENTED; NO ACTION NEEDED.

5.4 LAND USE COMMITTEE (FERRARA/SHAFFER)

5.5 STREETS, SIDEWALKS & UTILITIES COMMITTEE

(DELEONE/WALLACH)

5.5.1 Written report of March 3, 2010

ACTION RECOMMENDED:

1. AREA Q STORM WATER PROJECT DISCUSSION WAS DEFERRED

2. REPORTS WERE RECEIVED, FOR 2009, FOR THE WATER TREATMENT FACILITY AND THE WATER RECLAMATION FACILITY. NO ACTION WAS TAKEN.

5.5.2 DRAFT NO. 10-27: A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION=S CONTRACT FOR THE PURCHASE OF SODIUM CHLORIDE/ROCK SALT FOR THE PERIOD OF ONE YEAR, AND DECLARING AN EMERGENCY. (Unauthorized)

6.0 SPECIAL COMMITTEE REPORTS

7.0 UNFINISHED BUSINESS

8.0 NEW BUSINESS

8.1 Items needing Council action or referral

8.2 Schedule future Council meetings

8.3 Council members comments

9.0 MAYOR=S REPORT

10.0 ADJOURNMENT

Posted: March 11, 2010 Linda M. Copley, MMC RP

Clerk, Kent City Council

THE CITY OF KENT, OHIO

REGULAR COUNCIL MEETING

WED., FEB. 17, 2010

This regular meeting of Kent City Council was called to order on Wed., Feb. 17, 2010 at 7:30 p.m. by Jerry T. Fiala, Mayor & President of Council.

PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MR. KUHAR, MS. SHAFFER, MR. VALENTA, MS. WALLACH, AND MR. WILSON

ALSO PRESENT: J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR. AND L. COPLEY, CLERK OF COUNCIL

ABSENT: MR. TURNER

MOTION TO EXCUSE MR. TURNER.

Motion made by Mr. Wilson, seconded by Ms. Shaffer, and carried by a voice vote of 8-0.

Mayor Fiala called upon Mr. DeLeone for his opening remarks at this time.

Mr. DeLeone said the City received good news earlier in the day, but he was not going to steal the City Manager=s thunder. He thanked all who were involved with the grant received.

Following his opening remarks, Mr. DeLeone led those present in the Pledge of Allegiance.

MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETINGS OF DEC. 16, 2009 AND JAN. 20, 2010; SPECIAL COUNCIL MEETING OF FEB. 3, 2010; AND TWO (2) PUBLIC HEARINGS OF FEB. 3, 2010.

Motion made by Mr. DeLeone, seconded by Mr. Wilson, and carried by a voice vote of 8-0.

Mayor Fiala called for audience comment at this time. He reminded those wishing to address Council to sign up with the Clerk of Council who would call them forward.

Aubrey & Rachel: Rachel explained that the US Census funds would be sent to households in April, and was the shortest form ever with only ten questions. Aubrey explained that the census information determines $400 billion in government funding annually. She said it generates thousands of jobs, and impacts voices in Congress.

Aubrey explained they are from Kent State University, and are involved in a national competition. She said their client is the 2010 Census. She said their goal was to create awareness throughout the community. Rachel said Kent has been identified as a Ahard to count@ area, and those are defined as areas that have a lack of awareness and motivation, consisting of those who are uninformed or misinformed.

Aubrey said with the help of the City Manager and the Mayor, next week will be ACensus Awareness Week,@ and asked for their help to educate the community. She said their contact information was on the table in the hallway. She said they wanted to make sure Kent is not part of the Ahard to count area.@

Beth and Sadie Oswitch: Ms. Oswitch explained her daughter is in the fifth grade at Walls Elementary. She said her class had to do a persuasive letter, and her daughter wrote one to the Mayor. She said that Sadie=s teacher felt she should read it to Mayor Fiala.

Sadie read her letter at this time. In her letter she asked for more businesses downtown with the types of stores teenagers and the elderly like.

Mr. Valenta seconded Mr. Wilson=s comments, but said he would also like to thank their partners. He said he did not believe this project would have come to fruition without Dr. Lefton, Kent State University, and P.A.R.T.A. He said it is a true symbolism how they can all work together to make Kent better. He said this is a great outcome. He thanked Mr. Bowling and Ms. Susel. He said without their grant writing expertise, they may not be celebrating.

Mr. Amrhein echoed the previous comments. He said it is so nice to turn on the news and see Kent portrayed in a positive light. He spoke of how fortunate they are as cities are struggling to survive and Kent is expanding. He thanked everyone on the staff.

Mr. Ferrara said he hated to belabor it, but this was such a huge event. He said they have passed from saying AWhy doesn=t Kent have...@ or AWhy can=t we do...@. to the period of AWe are going to do this@ and AWe are able to do that@. He said that is a huge step. He said they are past the tipping point and into an opportunity of real growth and city building. He said it is a great thing, and staff is to be commended.

MAYOR=S REPORT

Mayor Fiala said he had to echo all of the comments, adding they should have been in the room when the announcement was made earlier in the day. He said everyone from P.A.R.T.A., KSU, and the City just roared. He said that is the best feeling he has had in years. Mayor Fiala said he has sat at the Council table before, adding they had a direction but were working in 102 different ways. He said this is the first time everyone is working in the same direction. He said it is for the betterment of Kent as a whole.

MOTION TO ADJOURN.

Motion made by Mr. Ferrara, seconded by Mr. DeLeone, and carried by a voice vote of 8-0.

Hearing no further business before this Council, Mayor Fiala adjourned this meeting at 9:50 p.m.

Linda M. Copley, Clerk of Council Jerry T. Fiala, Mayor & President of Council

THE CITY OF KENT, OHIO

COMMUNITY DEVELOPMENT COMMITTEE

WED., MARCH 3, 2010

This meeting of the Community Development Committee of Kent City Council was called to order by Erik Valenta, Chair, at 7:54 p.m. on Wed., March 3, 2010.

PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MS. SHAFFER, MR. VALENTA, MS. WALLACH, AND MR. WILSON

ALSO PRESENT: J. FIALA, MAYOR; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; L. COPLEY, CLERK OF COUNCIL; D. SMITH, ECON. DEV. DIRECTOR; AND B. SUSEL, GRANTS ADMINISTRATOR.

ABSENT: MR. TURNER & MR. KUHAR

Dave Ruller, City Manager, explained that Dan Smith, Economic Development Director, would present information on a potential tenant for their Summit Street Incubator. He explained that Christian Edwards recently graduated, creating a vacancy. He said they have an application, and Mr. Smith is recommending authorization of a new lease.

Mr. Smith explained that two recent graduates have started permanent companies in Kent. He said right after they leased to Mr. Kutash, Scott Arrington, a barber, came in. He said Mr. Arrington has done some celebrity hair cuts, and he suggested he could bring in LeBron James for a haircut. Mr. Smith said that Mr. Arrington dreamed of opening his own business, has developed the plan and filled out the application. He said they started talking in October, and there was a waiting list. He said Mr. Arrington has a lot of creative ideas, adding this is the kind of person they want to help. He introduced Mr. Arrington at this time.

Scott Arrington: Mr. Arrington explained he is a graduate of Akron-Buchtel, having graduated in 1988. He said he attended the Akron Barber College, and graduated in 1998. He said he started working for one barber shop as the manager, and ran the operations. He said the man who owned it was Mr. James= barber, adding he dealt with Mr. Brown=s entourage. He said he likes what Kent is doing, adding it is on the rise, and he would like to be part of it. He thanked them for the opportunity.

Mr. Smith said Mr. Arrington has done some basketball coaching, adding he is excited to see Mr. Arrington get a chance. He asked for authorization of his lease.

Ms. Shaffer asked if he lives in Kent, and Mr. Arrington said he lives in Akron. Ms. Shaffer asked if he has clients, and he said he has a lot of them. He said some attend the university, adding he graduated with people involved with Black United Students. He said he is a referee for all sports, and has been around for a while. He said he knows the areas, and is familiar with the coaches and the kids.

Ms. Wallach asked if they have a rule or condition that a company must locate in Kent for so many years when they graduate, and Mr. Smith said they can go anywhere they want. He said if they stay in Kent, like Christian Edwards, they receive a $2500 graduation fee toward their rent. Mr. Arrington said he plans to stay in Kent, as he has a few other ideas. He said he has vendor=s license, State ID name registration, and his E.I.N. He said he is raring to go and is excited.

Mr. Valenta asked if they need the emergency clause, and Mr. Smith said he did not think it was necessary. Jim Smith, Law Director, suggested it would get Mr. Arrington in thirty days quicker, and Mr. Smith agreed.

There were no further question or audience comments at this time.

1. TO AUTHORIZE THE LEASE WITH SCOTT ARRINGTON, FOR THE SUMMIT STREET INCUBATOR, WITH THE EMERGENCY CLAUSE.

2. TO AUTHORIZE THE CDBG PROGRAM, FY2010, WITH THE EMERGENCY CLAUSE.

Draft No. 10-13

ORDINANCE NO. 2010-

AN ORDINANCE AMENDING ORDINANCE NO. 2005-34, PASSED APRIL 20, 2005; AS AMENDED BY ORDINANCE NO. 2007-15, PASSED FEBRUARY 7, 2007, SO AS TO AMEND THE BRIMFIELD-KENT JOINT ECONOMIC DEVELOPMENT DISTRICT CONTRACT TO AMEND THE TAX RATE BEGINNING ON JAN. 1, 2011 AND FOR SUBSEQUENT YEARS.

WHEREAS, previously, the City of Kent passed Ordinance No. 2005-34 on April 20, 2005, so as to entering into a Brimfield-Kent Joint Economic District Contract with the Township of Brimfield, in accordance with Sections 715.72 to 715.83 of the Revised Code for their mutual benefit; and

WHEREAS, previously, the City and Township passed Ordinance No. 2007-15, passed February 7, 2007, so as to amend the contract to redefine the boundaries of the Brimfield-Kent Joint Economic District; and

WHEREAS, a public hearing was held on March 17, 2010; and

WHEREAS, the City and the Township desire to amend the Contract so as to amend the tax rate beginning on Jan. 1, 2011 and for subsequent years.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least a majority (5) of all members elected thereto concurring:

SECTION 1. This Council approves the Amendment to the tax rate of the Brimfield-Kent Joint Economic Development District contract, now on file with the Clerk of Council, and authorizes the City Manager and the Director of Law to sign the Amendment.

SECTION 3. A copy of the text of the Amendment and other documents referred to in Section 1 shall remain on file in the office of the Clerk of Council.

SECTION 4. The City Manager, the Director of Law, the City Manager and other City officials, as appropriate, are each authorized to take such actions, or to cause such actions to be taken, on behalf of the City, including signing agreements or other instruments contemplated by the Amendment or deemed necessary or appropriate by the Director of Law, in order to achieve approval of the Amendment within the Township and to accomplish the purposes of this Ordinance and the Amendment.

SECTION 6. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio.

SECTION 7. That this Ordinance shall take effect and be in force from and after the earliest date allowed by law.

PASSED:

DATE MAYOR & PRESIDENT OF COUNCIL

ATTEST:

CLERK OF COUNCIL

I hereby certify that Ordinance No. 2010-____ was duly enacted on this ___ day of ________, 2010, by the Council of the City of Kent, Ohio.

CLERK OF COUNCIL

Draft No. 10-29

ORDINANCE NO. 2010-

AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ENTER INTO A LEASE AGREEMENT WITH SCOTT J. ARRINGTON dba THE BUZZ, LLC FOR PROPERTY LOCATED AT 203 EAST SUMMIT STREET, KENT, OHIO AND DECLARING AN EMERGENCY.

WHEREAS, the Kent City Council wishes to enter into a Lease Agreement with Scott J. Arrington dba The Buzz, LLC for property owned by the City and located at 203 East Summit Street, Kent; and

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring:

SECTION 1. That Kent City Council does hereby authorize the City Manager, or his designee to enter into a Lease Agreement with Scott J. Arrington dba The Buzz, LLC, for property located at 203 East summit Street, in substantial conformity with a copy of which is marked as Exhibit “A”, attached hereto and incorporated herein.

SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage.

PASSED: _______________________________________

DATE MAYOR AND PRESIDENT OF COUNCIL

ATTEST:_____________________________

CLERK OF COUNCIL

I hereby certify that Ordinance No. 2010- was duly enacted this day of

, 2010 by the Council of the City of Kent, Ohio.

_____________________________________

Linda M. Copley, Clerk of Council

EXHIBIT “A”

COMMERCIAL PROPERTY LEASE

THIS LEASE, made at Kent, Ohio this ____ day of April, 2010, by and between the CITY OF KENT, Ohio, as “Lessor”, SCOTT ARRINGTON dba THE BUZZ, LLC. as “Lessee”.

SECTION I

Description of Leased Premises

Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the space presently constituted known as 203 East Summit Street, referred to below as “the premises” in the City of Kent, Portage County, State of Ohio, referred to below as the building.

SECTION II

Term

The space is leased for a term beginning on April 1, 2010 and to end March 31, 2015, or on an earlier time and date as this lease may terminate as provided below, except that, if the date falls on a Sunday or a holiday, then this lease shall end at midnight on the business day which precedes the above-mentioned date. By agreement of the parties, the lease may not be extended beyond March 31, 2015. In addition, this lease may be terminated at any time by agreement of the parties with a ninety (90) day notice period.

SECTION III

Rent

The total annual rent for:

1. April 1, 2010 through March 31, 2011 (year one) is the sum of $3,476.00, which is payable in twelve (12) equal monthly $289.66 installments, in advance, on the first day of each calendar month during the term, beginning April 1, 2010.

2. The lease rate for subsequent years will be adjusted annually on June 1 unless otherwise noted in the lease agreement. The rate adjustment will be based on a five (5) year average of the Cleveland-Akron PMSA Consumer Price Index as published by the Bureau of Labor Statistics. In the event that the average rate of change of the Consumer Price Index over the most current five (5) year period is negative, the lease rates will remain constant. Lessor will notify Lessee of the changes to the lease.

SECTION IV

Use and Occupancy

Lessee agrees to use and occupy the premises for a hair cutting service and for no other purpose. Lessor represents that the premises may lawfully be used for the stated purpose.

SECTION V

Place for Payment of Rent

Lessee shall pay rent, and any additional rent as provided below, to Lessor at Moneypenny Realty & Management, LLC, 237 East Main Street, PO Box 1073, Kent, Ohio 44240. Lessor may designate in writing another location for payment of rent, without demand and without counterclaim, deduction, or setoff.

SECTION VI

Care and Repair of Premises

Lessee shall not commit any act of waste and shall take good care of the premises and the fixtures and appurtenances on it, and shall, in the use and occupancy of the premises, conform to all laws, orders, and regulations of the federal, state, and municipal governments or any of their departments. Lessor shall make all necessary repairs to the premises, except where the repair has been made necessary by misuse or neglect by Lessee or Lessee's agents, servants, visitors or licensees. All improvements made by Lessee to the premises which are attached to the premises so that they cannot be removed without material injury to the premises, shall become the property of Lessor upon installation.

Not later than the last day of the term Lessee shall, at Lessee's expense, remove all of Lessee's personal property and those improvements made by Lessee which are not the property of Lessor, including trade fixtures, cabinet work, movable paneling, partitions and the like; repair all injury done by or in connection with the installation or removal of the property and improvements; and surrender the premises in as good condition as they were at the beginning of the term, reasonable wear, and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Lessee or Lessee's agents, servants, visitors or licensees, excepted. All property of Lessee remaining on the premises after the last day of the term of this lease shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of the removal. Lessor may have any property left on the premises stored at Lessee's risk and expense.

Lessor shall be responsible for snow removal from the parking lot and sidewalks.

SECTION VII

Alterations, Additions or Improvements

Lessee shall not, without first obtaining the written consent of Lessor (by and through the City Service Director), make any alterations, additions or improvements in, to or about the premises.

The premises shall be returned to their original conditions (as of April 1, 2010) by Lessee when they vacate the premises.

Lessor agrees to address the following matters: NONE

SECTION VIII

Prohibition Against Activities Increasing Fire Insurance Rates

Lessee shall not do or permit any activity on the premises, which will cause an increase in the rate of fire insurance on the building.

SECTION IX

Disposal of Waste or Refuse Matter

Lessee shall not permit the disposal of waste or refuse matter on the leased premises or anywhere in or near the building.

Lessee agrees to pay for trash service for the premises leased. Lessee shall comply with any recycling rules, regulations and ordinances imposed. Lessor may charge Lessee for inappropriate disposal of trash.

SECTION X

Abandonment

Lessee shall not, without first obtaining the written consent of the Lessor, abandon the premises, or allow the premises to become vacant or deserted.

SECTION XI

Assignment of Sublease

Lessee shall not, without first obtaining the written consent of the Lessor, assign, mortgage, pledge, or encumber this lease, in whole or in part, or sublet the premises or any part of the premises. This covenant shall be binding upon the legal representatives of Lessee, and upon every person to whom Lessee's interest under this lease passes by operation of law, but shall not apply to an assignment or subletting to the parent or subsidiary of a corporate Lessee or to a transfer of the leasehold interest occasioned by a consolidation or merger involving Lessee.

SECTION XII

Compliance with Rules and Regulations

Lessee shall observe and comply with any rules and regulations which may exist, which are made part of this agreement, and with any further reasonable rules and regulations as Lessor may prescribe, on written notice to the Lessee, for the safety, care, and cleanliness of the building and the comfort, quiet, and convenience of other occupants of the building.

SECTION XIII

Heat

Lessee agrees to pay for the heating of the premises leased.

SECTION XIV

Water

Lessee agrees to pay for water charges as registered on the water meter and for sewer charges of the premises leased.

SECTION XV

Electricity

Lessee agrees to pay for electricity charges of the premises leased.

SECTION XVI

Damages to Building

If the building is damaged by fire or any other cause to the extent that the cost of restoration, as reasonably estimated by Lessor, will equal or exceed forty (40) percent of the replacement value of the building, exclusive of foundations, just prior to the occurrence of the damage, then Lessor may, no later than the 15th day following the damage, give Lessee a notice of election to terminate this lease, or if the cost of restoration will equal or exceed forty (40) percent of the replacement value and if the premises are not reasonably usable for the purposes for which they are leased under this agreement, then Lessee may, no later than the 15th day following the damage, give Lessor a notice of election to terminate this lease. In event of either election this lease shall terminate on the third day after Lessor gives notice to Lessee, and Lessee shall surrender possession of the premises within a reasonable time, and the rent, and any additional rent, shall be apportioned as of the date of the surrender and any rent paid for any period beyond that date shall be repaid to tenant.

In any case in which use of the premises is affected by any damage to the building, there shall be either an abatement or an equitable reduction in rent depending on the period for which and the extent to which the premises are not reasonably usable for the purpose for which they are leased under this agreement. The words "restoration" and "restore" as used in this Section XVI include repairs. If the damage results from the fault of the Lessee, or Lessee's agents, servants, visitors, or licensees, Lessee shall not be entitled to any abatement or reduction of rent, except to the extent, if any, that Lessor receives the proceeds of rent insurance in lieu of the rent.

SECTION XVII

Waivers of Subrogation

Notwithstanding the provisions of Section VI of this lease, in any event of loss or damage to the building, the premises and/or any contents, each party shall look first to any insurance in its favor before making any claim against the other party; and, to the extent possible without additional cost, each party shall obtain, for each policy of insurance, provisions permitting waiver of any claim against the other party for loss or damage within the scope of the insurance, and each party, to the extent permitted, for itself and its insurers waives all insured claims against the other party.

SECTION XVIII

Eminent Domain

If the cost of restoration as estimated by Lessor amounts to less than forty (40) percent of the replacement value of the building, or if, despite the cost, Lessor does not elect to terminate this lease, Lessor shall restore the building and the premises with reasonable promptness, subject to delays beyond Lessor's control and delays in the making of insurance adjustments between Lessor and its insurance carrier, and Lessee shall have no right to terminate this lease except as provided in this agreement. Lessor need not restore fixture and improvements owned by tenant.

If the premises or any part of the premises or any estate in the premises, or any other part of the building materially affecting Lessee's use of the premises, is taken by eminent domain, this lease shall terminate on the date when title vests pursuant to the taking. The rent, and any additional rent, shall be apportioned as of the termination date and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for the taking or any payment in lieu of payment, but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee, and for moving expenses.

SECTION XIX

Lessor's Remedies on Default

If Lessee defaults in the payment of rent, or any additional rent, or defaults in the performance of any of the other covenants or conditions of this agreement, Lessor may give Lessee notice of the default. If Lessee does not cure any rent, or additional rent, default within thirty (30) days, or other default within thirty (30) days, after notice is given or if the other default is of a nature that it cannot be completely cured within that period, Lessee does not commence curing within thirty (30) days and thereafter proceed with reasonable diligence and in good faith to cure the default, then Lessor may terminate this lease on not less than three (3) days' notice to Lessee. On the date specified in the notice the term of this lease shall terminate and Lessee shall then quit and surrender the premises to Lessor, but Lessee shall remain liable as provided in Section XX. If this lease is terminated by Lessor, Lessor may at any time after termination resume possession of the premises by any lawful means and remove Lessee or other occupants and its or their effect.

SECTION XX

Deficiency

In any case where Lessor has recovered possession of the premises by reason of Lessee's default, Lessor may, at Lessor's option, occupy the premises or cause the premises to be redecorated, altered, divided, consolidated with other adjoining premises, or otherwise changed or prepared for reletting, and may relet the premises or any part of the premises as agent of Lessee or otherwise, for a term or terms to expire prior to, at the same time as, or subsequent to, the original expiration date of this lease, at Lessor's option, and receive the rent as agreed under the lease. Any rent received shall be applied first to the payment of expenses Lessor may incur in connection with the recovery of possession, redecorating, altering, dividing, consolidating with other adjoining premises, or otherwise changing or preparing for reletting, and reletting, including brokerage and reasonable attorneys' fees, and then to the payment of damages in amounts equal to the rent under this agreement and to the cost and expenses of performance of the other covenants of Lessee as provided in this agreement. Lessee agrees, in the above described circumstances, whether or not Lessor has relet, to pay to Lessor damages equal to the rent and other sums agreed to, less the net proceeds of the reletting. The damages shall be payable by Lessee on the several rent days above specified. In reletting the premises, Lessor may grant rent concessions, and Lessee shall not be credited with the concessions. No reletting shall constitute a surrender and acceptance or be deemed evidence of a surrender and acceptance. If Lessor elects, pursuant to this agreement, actually to occupy and use the premises or any part of the premises during any part of the balance of the term as originally fixed or since extended, there shall be allowed against Lessee's obligation for rent or damages as defined in this agreement, during the period of Lessor's occupancy, the reasonable value of the occupancy, not to exceed in any event the rent reserved and the occupancy shall not be construed as a relief of Lessee's liability under this agreement.

Lessee waives all right of redemption to which Lessee or any person claiming under Lessee might be entitled by any law now or later in force. Lessor's remedies under this agreement are in addition to any remedy allowed by law.

SECTION XXI

Effect of Failure to Insist on Strict Compliance with Conditions

The failure of either party to insist on strict performance of any covenant or condition of this agreement, or to exercise any option contained in this agreement, shall not be construed as a waiver of the covenant, condition, or option in any other instance. This lease cannot be changed or terminated orally.

SECTION XXII

Collection of Rent from any Occupant

If the premises are sublet or occupied by anyone other than Lessee and Lessee is in default under this agreement, or if this lease is assigned by Lessee, Lessor may collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to the rent reserved. The collection shall not be deemed a waiver of the covenant against assignment and subletting, or on acceptance of the assignee, subtenant, or occupant as lessee, or a release of Lessee from further performance of the covenants contained in this agreement.

SECTION XXIII

Subordination of Lease

This lease shall be subject and subordinate to all underlying leases and to mortgages and trust deeds which now or subsequently affect the leases or the real property of which the premises form a part, and also to all renewals, modifications, consolidations, and replacement of the underlying leases and the mortgages and trust deeds. Although no instrument or act on the part of Lessee shall be necessary to effectuate the subordination, Lessee will, nevertheless, execute and deliver instruments confirming the subordination of this lease as may be desired by the holders of the mortgages and trust deeds or by any of the Lessors under the underlying leases. Lessee agrees to appoint Lessor attorney in fact, irrevocably, to execute and deliver any of the above described instrument for Lessee. If any underlying lease to which this lease is subject terminates, Lessee shall, on timely request, attorn to the owner of the reversion.

SECTION XXIV

Security Deposit

Lessee agrees to deposit with Lessor upon signing of this lease the sum of $289.66 as security for the performance of Lessee's obligations under this lease, including without limitation the surrender of possession of the premises to Lessor as provided in this agreement. If Lessor applies any part of the deposit to cure any default of Lessee, Lessee shall upon demand deposit with Lessor the amount applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Lessee’s deposit will be returned at upon termination of the lease if the premises are retuned in acceptable condition.

SECTION XXV

Lessor's Right To Cure Lessee's Breach

If Lessee breaches any covenant or condition of this lease, Lessor may, on reasonable notice to Lessee (except that no notice need be given in case of emergency), cure the breach at the expense of Lessee. The reasonable amount of all expenses, including attorneys' fees, incurred by Lessor in curing the breach, whether paid by Lessor or not, shall be deemed additional rent payable on demand.

SECTION XXVI

Mechanics Lien

Lessee shall within fifteen (15) days after notice from Lessor discharge any mechanics liens for materials or labor claimed to have been furnished to the premises on Lessee's behalf.

SECTION XXVII

Notices

Any notice by either party to the other shall be in writing and shall be deemed proper only if delivered personally or sent by registered or certified mail in an addressed postpaid envelope; if to Lessee, at the above described building (203 East Summit Street, Kent, Ohio 44240); if to Lessor, at 215 East Summit Street, Kent, Ohio 44240; or, to either, at another address as Lessee or Lessor, respectively, may designate in writing. Notice shall be deemed properly given, if delivered personally, upon delivery, and if mailed, upon the third day after mailing.

SECTION XXVIII

Lessor's Right To Inspection, Repair, and Maintenance

Lessor may enter the premises at any reasonable time, upon adequate notice to Lessee (except that no notice need be given in case of emergency) for the purpose of inspection or to make repairs, replacements, or additions in, to, on and about the premises or the building, as Lessor deems necessary or desirable. Lessee shall have no claim or cause of action against Lessor by reason of entry for these purposes except as provided in Section XXXIII of this agreement.

The Lessee agrees to meet with Community Development Department and other City staff on an annual basis to assess the Lessee’s progress towards growth strategies and attainment of goals that were agreed to during the original application process.

SECTION XXIX

Interruption of Services or Use

Interruption or curtailment of any service maintained in the building, if caused by strikes, mechanical difficulties, or any causes beyond Lessor's control whether similar or dissimilar to those enumerated, shall not entitle Lessee to any claim against Lessor or to any abatement in rent, and shall not constitute constructive or partial eviction, unless Lessor fails to take such measures as may be reasonable in the circumstances to restore the service without delay. If the premises are rendered untenantable in whole or part, for a period of fifteen (15) business days, due to repairs, replacements, or additions, other than those made with Lessee's consent or caused by misuse or neglect by Lessee or Lessee's agents, servants, visitors, or licensees, there shall be a proportionate abatement of rent during the period of untenantability.

SECTION XXX

Conditions of Lessor's Liability

Lessee may not claim a constructive eviction from the premises unless Lessee has first notified Lessor in writing of the condition or conditions giving rise to the eviction, and, if the complaints are justified, unless Lessor fails within a reasonable time after receipt of notice to remedy the conditions.

SECTION XXXI

Lessor's Right To Show Premises

Lessor may show the premises to prospective purchasers and mortgagees and, during the six (6) months prior to termination of this lease, to prospective tenants, during business hours upon reasonable notice to Lessee.

SECTION XXXII

Effect of Other Representations

No representations or promises shall be binding on the parties to this agreement except those representations and promises contained in this agreement or in some future writing signed by the party making the representations or promises.

SECTION XXXIII

Peaceful Enjoyment

Lessor covenants that if, and for as long as Lessee pays the rent, and any additional rent as provided in this agreement, and performs the covenants of this lease, Lessee shall peaceably and quietly have, hold, and enjoy the premises for the term mentioned, subject to the provisions of this lease.

SECTION XXXIV

Lessee's Certification as to Force and Effect of Lease

Lessee shall, from time to time, upon not less than five (5) days' prior written request by Lessor, execute, acknowledge, and deliver to Lessor a written statement certifying that the lease is unmodified and in full force and effect, or that the lease is in full force and effect as modified and listing the instruments of modification; the dates to which the rents and other charges have been paid; and, whether or not to the best of Lessee's knowledge Lessor is in default under this lease and, if so, specifying the nature of the default. It is intended that any statement delivered according to this Section may be relied upon by a prospective purchaser of Lessor's interest or mortgagee of Lessor's interest or assignee of any mortgage upon Lessor's interest in the building.

SECTION XXXV

Waiver of Jury Trial

To the extent permitted by law, the parties waive trial by jury in any action or proceeding brought in connection with this lease or the premises.

SECTION XXXVI

Section Headings

The section headings in this lease are intended for convenience only and shall not be taken into consideration in any construction or interpretation of this lease or any of its provisions.

SECTION XXXVII

Binding Effect on Successors and Assigns

The provisions of this lease shall apply to, bind, and inure to the benefit of Lessor and Lessee and their respective heirs, successors, legal representatives, and assigns. It is understood that the term "Lessor" as used in this lease means only the owner, a mortgagee in possession, or a term Lessee of the building, so that in the event of any sale of the building or of any lease of the building, of if a mortgagee takes possession of the premises, the Lessor named in this agreement shall be entirely freed and relieved of all covenants and obligations of Lessor subsequently accruing under this agreement. The purchaser, the term Lessee of the building, or the mortgagee in possession has assumed and agreed to carry out any and all covenants and obligations of the Lessor under this agreement.

SECTION XXXVIII

Insurance.

1. Lessee shall protect, save harmless and indemnify Lessor against and from (i) any penalties, damages, charges or costs (including reasonable attorneys fees) imposed or resulting from any violation of any law, order of governmental agency or ordinance by Lessee, (ii) all claims, losses, costs, damages or expenses (including reasonable attorneys' fees) arising out of or from Lessee's occupancy of the Premises, and (iii) any and all losses, costs, damages or expenses (including reasonable attorneys' fees) arising out of any failure of Lessee in any material respect to comply with or perform all of the requirements and provisions of this Lease.

2. Lessee shall, at Lessee's cost and expense, procure and continue in force, in the name of Lessor, Lessor’s mortgagee(s) and Lessee, as their interests may appear, general liability insurance coverage against injuries to persons and property occurring in, or upon the Premises, during the term of this Lease, such insurance at all times to be in a single limit amount of not less than $500,000 per incident and One Million Dollars ($1,000,000) in the aggregate. Such insurance shall be written with a company or companies authorized to engage in the business of general liability insurance in the State of Ohio, and there shall be delivered to Lessor customary insurance certification evidencing such insurance and copies of the policies. Such insurance shall further provide that the same may not be cancelled, terminated or modified unless the insurer gives Lessor at least fifteen (15) days' prior written notice thereof.

3. Lessor, at Lessor's expense, shall maintain special form or "All-Risk" property insurance insuring the Premises and other improvements on the land but not Lessee's contents or personal property located on the Premises.

SECTION XXXIX

Waiver of Relocation Benefits

The below signed Lessees of the property located at 203 East Summit Street, Kent Ohio, hereby acknowledge and agree that each, jointly and severally, is a tenant in the described premises for a five (5) year term pursuant to this lease of even date herewith with the City of Kent as the owner and Lessor of the premises.

The below signed further acknowledge that either party may terminate the written lease upon giving the other the requisite notice provided for in the lease.

Upon receipt of such notice, the below signed agree to vacate the premises in accordance with the terms of the lease without any compensation due the below signed from the Lessor for exercising its rights under the lease.

The below signed hereby waive and release Lessor from having to pay to the below signed, their successors, administrators and assigns, any relocation benefit or payments in the event Lessor, City of Kent, exercises its rights under the terms of the lease to terminate the lease for any reason, with or without cause.

SECTION XXXX

Relocation Incentive

Lessee will be eligible to receive a $500.00 per year rebate on their rental rate, up to $2,000.00, provided Lessee locates with in the City of Kent at the end of the term of this lease agreement.

SCOTT J. ARRINGTON CITY OF KENT, OHIO

dba THE BUZZ, LLC.

By: ______________________________ By: _________________________________

Scott J. Arrington David Ruller, City Manager

Date: _____________________________ Date: _______________________________

APPROVED AS TO FORM:

__________________________________

James R. Silver, Law Director

THE CITY OF KENT, OHIO

FINANCE COMMITTEE

WED., FEB. 17, 2010

This meeting of the Finance Committee of Kent City Council was called to order on Wed., Feb. 17, 2010 at 7:41 p.m. by Wayne Wilson, Chair.

PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MR. KUHAR, MS. SHAFFER, MR. VALENTA, MS. WALLACH, AND MR. WILSON

ALSO PRESENT: J. FIALA, MAYOR & PRESIDENT OF COUNCIL; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; L. COPLEY, CLERK OF COUNCIL; W. LILLICH, SAFETY DIRECTOR; J. BOWLING, CITY ENGINEER; D. COFFEE, DIR. OF BUDGET & FINANCE; AND G. LOCKE, DIR. OF COMM. DEV.

ABSENT: MR. TURNER

The first item on the agenda was the 2010 Appropriations ordinance. Chair Wilson said that for twenty-six weeks out of the year, they control what goes into the budget, by the policy decisions they make, which is their job. He said they have already dictated what they want in the budget.

Chair Wilson said they asked for a 2% reduction, and the Manager came in with a 3.1% reduction. He said it is admirable that staff went above and beyond.

Chair Wilson said they will discuss each tab, and can ask their questions at that time. He said he hoped to be done with the budget with this meeting.

Dave Ruller, City Manager, explained that the other item on their agenda, the AMATS application for the multi modal facility, was removed from the agenda because of the award of $20 million from the federal government.

Mr. Ruller said he hoped they all read his lengthy introduction. He said all department heads are present to answer their questions. Mr. Ruller said this was Dave Coffee, Dir. of Budget & Finance=s first foray into the budget process. He said Mr. Coffee, although still in the learning curve, has done an admirable job. He said he told him not to hesitate to lean on the department heads, as they know their budgets inside and out.

Mr. Ruller said he appreciated Mr. Wilson=s remarks, adding he hoped they realized that while there was a target number, the staff is committed to finding savings every day. He said he feels good about what has been done in the last five years. He said it does not always show as a one-to-one reduction in the budget, because while they save money in one spot, other areas eat it. He said in many respects, they helped the amount the budget is pushed up each year through inflation, utilities, etc. He said there are not a lot of discretionary dollars. He said if they get to the point where they need to make more changes, they could decide that capital is discretionary. He said it would require their discussion on policies.

Mr. Ruller said that given Council=s commitments, the budget has no surprises, and is essentially the same budget they had before. He said Mayor Fiala said it looked like the same budget as when he was on previously.

Mr. Ruller said some numbers do go up, with the pressures of payroll and health insurance. He said he feels good about how competitive they have been. He said their wages have lagged based on regional and national averages. He said he felt they may want some of that data. Mr. Ruller said their health insurance has increased, but they have stayed below the average rate of increases.

There was no audience comment at this time.

MOTION TO AUTHORIZE THE BUDGET WITH THE EMERGENCY CLAUSE.

Motion made by Mr. Ferrara, seconded by Mr. Valenta.

Ms. Wallach asked if this motion was for suspension, and Mr. Wilson said this was to authorize it for discussion in the Council meeting.

Mr. Kuhar said he will vote against the budget for various reasons. He said City government is too top heavy. He said they have a $45 million budget, but by the end of the year, they will probably spend $55 to $60 million with projects not in the budget. He said the money has to come from somewhere, adding he is not sure they can come up with it.

Ms. Wallach said she is going to vote against the budget also. She said it is a 12% increase over 2009, with $5 million unaccounted for, with next year=s budget being higher. She said she did not think the downtown development would show revenues for two or three years. Ms. Wallach said it is a very dangerous position.

The motion carried by a voice vote of 5-2-1, with Mr. Kuhar and Ms. Wallach dissenting. Mr. Wilson abstained.

Mr. Wilson said he assumed this did not include the emergency clause, and the Clerk said they are in Committee and only need five to authorize it. Mr. Wilson said he was unsure if the vote included the emergency clause or if it came off, and the Clerk said it was authorized by a majority vote. She said when they return to the Council meeting, they need seven votes to suspend the three readings and seven for the emergency clause.

Hearing no further business before this Committee, Chair Wilson adjourned this meeting at 9:15 p.m.

Linda M. Copley, Clerk of Council

ACTION RECOMMENDED:

1. TO AUTHORIZE THE 2010 BUDGET

DRAFT NO. 10-25

ORDINANCE NO. 2010-

AN ORDINANCE ACCEPTING A DONATION RECEIVED BY THE CITY OF KENT PARKS & RECREATION DEPARTMENT IN THE AMOUNT OF $485.15 FROM THE FUNDRAISERS HELD FOR THE KENT SKATE PARK, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Kent Parks & Recreation Department has received a donation in the amount of $485.15 from the fundraisers held for the Kent Skate Park; and

WHEREAS, the City wishes to accept said donation.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (7) of all members elected thereto concurring:

SECTION 1. That Council does hereby authorize the City Manager on behalf of the City of Kent to accept the donation in the amount of $485.15 from the fundraisers held for the Kent Skate Park.

SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage.

PASSED:____________________________ ___________________________________

DATE MAYOR AND PRESIDENT OF COUNCIL

ATTEST:_____________________________

CLERK OF COUNCIL

I hereby certify that Ordinance No. 2010-_____ was duly enacted this__________day of

_________________________, 2010, by the Council of the City of Kent, Ohio

_____________________________________

CLERK OF COUNCIL

DRAFT NO. 10-26

ORDINANCE NO. 2010-

AN ORDINANCE APPROVING THE PURCHASE BY THE KENT DOWNTOWN URBAN REDEVELOPMENT CORPORATION (DKC) OF APPROXIMATELY .3003 ACRES OF PROPERTY (3 PARCELS) LOCATED AT 241 SOUTH WATER STREET AND THE VACANT LOT BEHIND IT, IN THE CITY OF KENT PURSUANT TO SECTIONS 3.2 AND 3.3 OF THE CITY'S DEVELOPMENT PROGRAM OPERATING AGREEMENT DATED DECEMBER 17, 2009, AND DECLARING AN EMERGENCY.

WHEREAS, DKC desires to purchase approximately .3003 acres of property located at 241 South Water Street and the vacant lot behind it, in the City of Kent, currently owned by TransOhio Properties, Inc. and James W. and Nancy L. Arthur, pursuant to Section 3.2 of the City's Development Program Operating Agreement, DKC wishes to use loan proceeds authorized by the Development Program but not require or involved the exercise of powers under Chapter 1728; and

WHEREAS, DKC has formally applied to the City for approval of the use of $369,133.25 in loan proceeds for the purchase of the subject real estate; and

WHEREAS, DKC has submitted to City Council the information required by the City's Development Program Operating Agreement concerning the proposed purchase of the subject real estate, including the following information: (all of which information is hereinafter collectively referred to as the 241 South Water Street and the vacant lot behind it Purchase Package):

a) A copy of the proposed Purchase Agreement or Option to Purchase Agreement containing all the parties names and addresses and all material terms of the proposed purchase.

b) A written plan concerning the anticipated immediate use of the property, including leasing possible the property, and any repairs, renovation or demolition of any improvements thereon.

c) A written projection of the costs and expenses associated with the acquisition, ownership and operation of the property and source of funds to defray such costs.

d) Copies of any proposed contracts, bids, leases or other agreements relating to the acquisition ownership or operation of the property by DKC.

e) A written statement setting forth the reason for the acquisition of the property and the anticipated long term use of the property showing such use to be consistent with the City's plan for redevelopment and the job creation or preservation contemplated thereby; and

WHEREAS, the Finance Committee of Council has considered the application of DKC and reviewed the 241 South Water Street and vacant lot Purchase Package at a Finance Committee meeting of Council and has recommended that Kent City Council enact legislation approving the DKC request.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least two-thirds (2/3) of all members elected thereto concurring:

SECTION 1. Pursuant to Sections 3.2 and 3.3 of the City's Development Program Operating Agreement, Council does hereby approve the purchase by DKC of three (3) parcels of property, of approximately .3003 acres of property located at 241 South Water Street and the vacant lot, in the City of Kent, in accordance with the 241 South Water Street and vacant lot Purchase Package.

SECTION 2. That Council does hereby direct the Clerk of Council to place on file a complete copy of the 241 South Water Street and vacant lot Purchase Package.

SECTION 3. That Council further authorizes the City Manager, or his designee, and David Coffee, the Director of Budget & Finance, to execute necessary documents and take other necessary action in order to effectuate the use of the loan proceeds for the subject real estate acquisition by DKC in an amount not to exceed $369,133.25.

SECTION 4. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio Revised Code.

SECTION 5. That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage.

PASSED:

DATE MAYOR AND PRESIDENT OF COUNCIL

ATTEST:

CLERK OF COUNCIL

I hereby certify that Ordinance No. 2010-_____ was duly enacted this__________day of

_________________________, 2010, by the Council of the City of Kent, Ohio.

CLERK OF COUNCIL

DRAFT 10-28

ORDINANCE NO. 2010-

AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO APPLY FOR A GRANT IN THE AMOUNT OF $ 1,250,0000 OR HIGHER FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, AND DECLARING AN EMERGENCY.

WHEREAS, the City of Kent wishes to apply for a Community Trade Adjustment Assistance Grant from the United States Department of Commerce, Economic Development Administration in the amount of $1,250,000 or higher; and

WHEREAS, the application must be filed by April 20, 2010; and

WHEREAS, time is of the essence.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kent, Portage County, Ohio, at least three-fourths (3/4) of all members elected thereto concurring:

SECTION 1. That Council does hereby authorize the City Manager, or his designee, to apply for a grant from the United States Department of Commerce, Economic Development Administration in the amount of $1,250,000 or higher .

SECTION 3. That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council, this Ordinance is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage.

PASSED:

DATE MAYOR AND PRESIDENT OF COUNCIL

ATTEST:

CLERK OF COUNCIL

I hereby certify that Ordinance No. 2010- was duly enacted on this day of

, 2010 by the Council of the City of Kent, Ohio.

Clerk of Council

THE CITY OF KENT, OHIO

HEALTH & SAFETY COMMITTEE

WED., MARCH 3, 2010

This meeting of the Health & Safety Committee of Kent City Council was called to order by Jack Amhrein, Vice Chair, in the absence of John Kuhar Chair, at 8:15 p.m. on Wed., March 3, 2010. He explained the only item on the agenda dealt with the Regional Fire Study.

PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MS. SHAFFER, MR. VALENTA, MS. WALLACH, AND MR. WILSON

ALSO PRESENT: J. FIALA, MAYOR; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; L. COPLEY, CLERK OF COUNCIL; W. LILLICH, SAFETY DIRECTOR; AND J. WILLIAMS, FIRE CHIEF.

ABSENT: MR. TURNER & MR. KUHAR

Dave Ruller, City Manager, explained that William Lillich, Safety Director, and Jim Williams, Fire Chief, were present to update them on this issue. He reminded them they completed Phase 1 of the study, and moved into Phase 2. He said Chief Williams has told him there has been a fair amount of activity among the chiefs, and Chief Williams wanted to update everyone at this time.

Chief Williams said he wanted to bring everyone up to speed. He said they have slowed down somewhat in the last month, but have been busy gathering data for Phase II.

He said in Phase I, they reviewed many items. He said they surveyed Fire and EMS services, and wanted to look at mutual aid and auto aid programs. He said they wanted to evaluate the various stations to evaluate their conditions. He said they looked at communications and dispatch operations. Chief Williams said they reviewed the station location study, to see if they meet current standards.

Chief Williams said they looked at staffing, recruitment, and personnel practices. He said they surveyed management, administration, and command components. He said they reviewed the planning for Fire and EMS protection, and analyzed emergency disaster plants. He said they surveyed the community demographics, and evaluated the finance and income levels. He said all of these components have an impact.

Chief Williams said they ended up with 160 recommendations, and are looking more in-depth at levels of staffing and response time. He said they are reviewing how each department operates, their communication and administration. Chief Williams said they are starting to look at how to blend the services, for more efficient delivery of services.

Chief Williams explained he is the chair of the Chief=s Committee, and distributed his report to the PAFERS Steering Committee. He said he would not read the entire list, but wanted them to see some of the things they are doing. He said the other packet he distributed contains the recommendations. He said the recommendations highlighted in gray are the ones assigned to a subcommittee. He said the blue highlighted recommendations are currently being done or going to be made at the next steering committee. He said the highlighted yellow items are the ones the chiefs feel they can handle without a subcommittee.

Chief Williams said they are working on thirty-three recommendations at this time. He said they decided to look at firefighter safety. He said they wanted to take those recommendations that would improve the firefighters= safety so they could get more of a buy-in from the firefighters. He said the recommendations dealing with the Insurance Services Offices (ISO) would benefit the community. Chief Williams said if they lower the ISO ratings, then insurance rates will be lower.

Chief Williams said the costs are going up dramatically. He said their last engine purchased in 2004 cost $389,000, and today it would cost $585,000. He said their costs have gone up dramatically. Chief Williams agreed with Mr. Lillich that while they may not reduce their overall cost, they hope to limit those increases. He said it is a lot of work, but very exciting. He said the level of participation of the firefighters, and their comments on how to deliver the services is exciting to them.

Chief Williams moved onto a review of Phase II at this time. He said this includes a further in-depth study on the fire department=s organizational review. He said it includes the development of a loss potential survey, where they look at all structures and facilities in community and determine what happens if they burn down or have a major chemical spill. Chief Williams said that study shows that for 85% of the businesses, if a building burns down, the companies do not rebuild in that community. He said they are looking at what they can do to prevent that from happening.

Chief Williams said they are surveying their apparatus, equipment replacement, and maintenance programs. He said Kent has a fire truck replacement fund, and do the maintenance to extend their life. He said they are trying to get the other departments to the same level to help extend the life. He said they will review the potential of shared vehicles. He said the City is required to have a reserve engine, and the question is how can they share that so they do not have to spend the money.

Chief Williams said they are reviewing their fire prevention and public education programs. He said they need to take advantage of Kent State and improve their education. He said they are reviewing their training programs, and are working together to provide better training. He said they are reviewing how they contract for different services. He said that four communities contract out their ambulance billing, and are all paying a different rate. He said they are studying the blending of services, which means doing away with the boundaries. He said they may see a Streetsboro unit responding to Kent, or Ravenna or Brimfield responding. He said they are providing a capital improvement plan, so that the apparatus at the various stations is cared for. He said the question is how to do it and how to pay for it. He said they are developing an implementation strategy for those recommendations.

Ms. Wallach said it seems like most of the points covered deal with fires, fire prevention, and fire calls. She asked if a majority of their calls are paramedic calls, and Chief Williams said that is part of this, adding it is all inclusive.

There were no further questions, nor audience comment at this time.

Ms. Wallach asked the cost of an EMS truck, and Chief Williams said the last one was purchased in 2008 and cost $189,000. He clarified that is for the vehicle only, with no equipment.

Hearing no further business before this Committee, Vice Chair Amrhein adjourned this meeting at 8:35 p.m.

Linda M. Copley, Clerk of Council

ACTION RECOMMENDED:

1) UPDATE OF REGIONAL FIRE STUDY PRESENTED; NO ACTION NEEDED.

THE CITY OF KENT, OHIO

STREETS, SIDEWALKS, AND UTILITIES COMMITTEE

WED., MARCH 3, 2010

This meeting of the Streets, Sidewalks, and Utilities Committee of Kent City Council was called to order by Michael DeLeone, Chair, at 7:00 p.m. on Wed., March 3, 2010.

PRESENT: MR. AMRHEIN, MR. DELEONE, MR. FERRARA, MS. SHAFFER, MR. VALENTA, MS. WALLACH, AND MR. WILSON

ALSO PRESENT: J. FIALA, MAYOR; D. RULLER, CITY MANAGER; J. SILVER, LAW DIRECTOR; L. COPLEY, CLERK OF COUNCIL; G. ROBERTS, SERVICE DIRECTOR; AND S. HARDESTY, WATER TREATMENT PLANT MANAGER

ABSENT: MR. TURNER & MR. KUHAR

Dave Ruller, City Manager, explained that the first item, Area Q Storm Water Project, has been deferred until a later date. He said the next item were the annual reports from the Water Treatment Plant and the Water Reclamation Plant. He said with the budgetary challenges, and the rate increases, he thought it would be a good night to share this information more publicly. Mr. Ruller said he felt it was a good time for everyone to hear from their plant managers about the financial situations and challenges they are facing.

Steve Hardesty, Manager of Water Treatment Plant: Mr. Hardesty said he would be providing justification and cost support of their budget for the last six years. He displayed their Operations and Maintenance budget for 2007, 2008, and 2009.

Mr. Hardesty said their travel and transportation consists of trips to Columbus, seminars and training. At this time Ms. Wallach asked if he would provide them with a copy of his power point presentation, and he said he would do so.

Mr. Hardesty said in 2008, vehicle fuel reached $4.00 per gallon. He said they projected $16,000, and spent less than half of that money. He said that they used $235,000 in utilities, with $179,000 for electricity. He said this includes the plant, the booster stations, all of the wells and the tanks.

Mr. Hardesty said the communications and postage covered such things as their Consumer Confidence Reports and other mailings.

Mr. Hardesty said the next line deals with Rents and Leases. He said they spent $6500 from the budgeted amount of $7000. He said this is the rental of the track hoe used to clean out the sludge lagoons that they give to farmers, as it is a good fertilizer.

Mr. Hardesty said their professional services budget was $4500 budget and they spent $6500, because of some issues with ice.

Mr. Hardesty said their Maintenance and Repair was budgeted for $27,000, but they spent $32,000. He said this was not an over-expenditure. Mr. Hardesty said they bought a front end loader from their capital monies that included $8000 for a maintenance contract. He said the Budget & Finance Department Aslid it in@ to his Maintenance and Repair line of his budget.

Mr. Hardesty said their insurance and bonding is handled by Budget & Finance, and he has no control over that expenditure.

Mr. Hardesty said that Line 37, Printing and Photocopying, is self-explanatory, and covered the costs of various reports.

Mr. Roberts said from 2003 to 2009, personnel services has seen an increase of $10,437, largely due to the decrease in staff. He said that is about 0.2% annually for labor. He said the cost per 1000 gallons is not equal. He said they are developing a higher strength waste, the increasing the cost to treat it. He said their operation and maintenance actual costs only increased $1519 from 2003 to 2009, representing an increase of 0.04%.

Mr. Roberts said the capital is always changing, with the lowest being in 2007 and $237,000 spent in 2009. He said the average is $124,000 in capital.

Mr. Roberts said they combined the personnel services with the operations & maintenance. He said 23% is flexible and changes with the flow. Mr. Roberts said the budget was $153,000, or an average annual increase of 1.7%. He said they are beating the cost of living in their operations. He said those were budgeted amounts, while the actual amount from 2003 to 2009 was an increase of 0.1% annually.

Mr. Valenta asked what happens to the solid waste, and MR. Roberts said they signed an agreement in 1998 with PPG of Barberton. He said they take it, mix it with lime, and will have a park in Barberton. He said the City pays a small fee to haul it over there, adding it is half of what they would pay in the landfill.

Ms. Wallach asked if it would not be good for the farmers, and Mr. Roberts said there are two classes of sludge from the EPA=s viewpoint. He said they have Class A and Class B, with Class B having no human waste left. Mr. Roberts said they do not take the final step, adding they are at 99%. He said it is cheaper to haul it to Barberton. He said that once they fill up, the City will need to change. He said that Portage County is putting in a kiln, cooking their sludge, and the City could look at partnering with them.

Ms. Shaffer asked the major cost increase, over time, for the plant, and Mr. Roberts said it was the electrical costs and the chemical costs. He said in the late 1980s to the early 1990s, they were spending about $100,000 annually. He said they made some major modifications in the treatment processes, using cheaper chemicals and good quality effluent. Mr. Hardesty noted that the Reclamation Facility is a bio plan, and the Water Plant is a chemical plant. He said the Reclamation Facility=s electric bill is probably twice the cost of his plant.

Hearing no further questions or comments Chair DeLeone adjourned the meeting at 7:54 p.m.

2. REPORTS WERE RECEIVED, FOR 2009, FOR THE WATER TREATMENT FACILITY AND THE WATER RECLAMATION FACILITY. NO ACTION WAS TAKEN.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO PARTICIPATE IN THE OHIO DEPARTMENT OF TRANSPORTATION’S CONTRACT FOR THE PURCHASE OF SODIUM CHLORIDE/ROCK SALT FOR THE PERIOD OF ONE YEAR, AND DECLARING AN EMERGENCY.

WHEREAS, Section 5513.01 (B) of the Ohio Revised Code provides the opportunity for Counties, Townships, Municipal Corporations, Port Authorities, Regional Transit Authorities, State Colleges/Universities and County Transit Boards to participate in contracts of the Ohio Department of Transportation for the purchase of machinery, material, supplies, or other articles; and

WHEREAS, the City should be able to save money by purchasing the sodium chloride/rock salt with the other government entities at bulk rates; and

WHEREAS, the City wishes to participate in this contract for the purchase of sodium chloride/rock salt; and

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kent, Portage County, Ohio, at least seven (7) members elected thereto concurring:

SECTION 1. That Council does hereby authorize the City Manager, or his designee, to participate in the Ohio Department of Transportation’s contract for the purchase of sodium chloride/rock salt for the period of one year, a copy of which is marked Exhibit "A", attached hereto and incorporated herein.

SECTION 2. That it is found and determined that all formal actions of this Council concerning and relating to the adoption of this Resolution were adopted in an open meeting of this Council and that all deliberations of this Council, and of any of its committees that resulted in such formal action, were in meetings open to the public in compliance with all legal requirements of Section 121.22 of the Ohio Revised Code.

SECTION 3. That this Resolution is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety and welfare of the residents of this City, for which reason and other reasons manifest to this Council this Resolution is hereby declared to be an emergency measure and shall take effect and be in force immediately after passage.

All political subdivisions desiring to participate with the Ohio Department of Transportation in the purchase of sodium chloride (rock salt) for the 2010-2011 winter seasons must complete and submit the enclosed participation agreement to the Office of Contracts. All agreements must be received by our office prior to March 26^th, 2010. This will allow our office sufficient time to add your requirements to our bidding documents.

The participation agreement consists of the resolution/ordinance of the legislative authority or governing board of the political subdivision authorizing participation in this contract and agreeing to be bound by the invitation's terms and conditions.

Upon receipt of the agreement each political subdivision will get added to a list that will be maintained on the Office of Contracts web site. This list will be updated daily on the Contracts web site located at ->

Contract 018 - http://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/Purchase.aspx

RESOLUTION / ORDINANCE as adopted for sodium chloride/ rock salt requirements for purchase. Effective period: twelve months from date of award, inclusive, or on an effective date as determined by the Director at the time of bid.

Whereas, Section 5513.01(B) of the Ohio Revised Code provides the opportunity for Political Subdivisions including Counties, Townships, Municipal Corporations, Port Authorities, Regional Transit Authorities, State Colleges/Universities and County Transit Boards and others to participate in contracts of the Ohio Department of Transportation for the purchase of machinery, material, supplies, or other articles;

Now Therefore, Be it Ordained, Intending to Be Legally Bound That Eugene K. Roberts

To participate in the Ohio Department of Transportation’s Contract for Rock Salt and Agrees:

1) To purchase an estimated salt tonnage, indicated below, exclusively from the vendor awarded the rock salt contract for the county in which said political subdivision is located;

NOTE: By executing this agreement and providing an estimated tonnage the Political Subdivision recognizes that Contract 18 will contain a min/max tonnage provision, as determined by the Director at the time of bid but will not exceed 80/120 respectively, for which the Political Subdivision will be responsible.

3) To be responsible for payment directly to the vendor for the quantities purchased under the contract; and

4) To be responsible for resolving all disputes arising out of participation in the contract and agree to release the Director of Transportation and the Ohio Department of Transportation from liability for all loss or damage, and from any and every claim or damage resulting from or arising out of participation in the contract pursuant to Ohio Revised Code Section 5513.01(b).

Participating Political Subdivisions are intended beneficiaries under this contract and are real parties in interest with the capacity to sue and be sued in their own name without joining the state of Ohio, Ohio Department of Transportation. By signing and returning this agreement, you will be bound to participate in this contract during the upcoming winter season, upon award of the contract to a successful vendor. A participating Political Subdivision cannot change its position during this contract period. Termination of participation is effective upon the expiration date of the contract. Failure of a Political Subdivision to purchase its requirements from the awarded vendor or comply with the terms of this contract may invalidate participation for the following winter season.

Political subdivisions will be required to submit a new participation agreement form every year, indicating storage capacity and stating salt needs for the contract period.

Note: This Participation Agreement must be received by the Ohio Department of Transportation, Office of Contracts, Purchasing Services prior to the mailing of Invitation 018 each year.