REGULAR COUNCIL MEETING JULY 6, 2010

REGULAR COUNCIL MEETING JULY 6, 2010 The first semi-monthly meeting of Mansfield City Council met on Tuesday, July 6, 2010 at 7:30 PM in the Council Chambers of the City Building. The Pledge of Allegiance was recited by the audience. Councilwoman Pat Hightower led the audience in prayer. ROLL CALL: The following answered present at roll call: Carmichael, Hazen, Hightower, Jefferson, Rock, Scott and There being no objections, the reading of the Journal and Communications was dispensed with. COMMITTEE REPORTS MR. JEFFERSON: There will be a public hearing and a special council meeting on Monday, July 12 at 4:30. MR. VERSAW: there s also a meeting on the 26 th, another public hearing, and there s been a request by Richland Academy of the Arts. They would like to have one of those public hearings sown at their facility. I think there was a problem with them having it on the 12 th because of the tax budget, but maybe on the 26 th if anybody doesn t have an opposition to that, to have a public meeting in a public place, maybe not necessarily the city building. Does anybody have any comments, any objections to that? PRESIDENT SCOTT: Chair would entertain a motion that we have it, I mean, if so. You make the motion Doug and Mr. Hazen seconded it. All in favor of having the public hearing on the 26 th at the Renaissance. MR. VERSAW: No, Richland Academy of the Arts. PRESIDENT SCOTT: Richland Academy, I m sorry. Signify by saying aye. All in favor. SUSPEND RULES MRS. CARMICHAEL: I move with respect to all bills that come before Council tonight that the rule requiring reading on three different days be suspended and that each bill be read one time by title only, seconded by Mr. Jefferson. The vote was taken and resulted as follows: Ayes: 6, Nays: 0, Absent: 2. DEMOLITION 228 S. ADAMS ST. LEGISLATION 139

BY: MRS. HIGHTOWER ORDINANCE 10-124 Declaring the remains of a designated dwelling (228 South Adams Street) to be insecure, unsafe, structurally defective and unsafe to life and other property; directing the demolition thereof by City forces or contract labor, materials and equipment, and declaring an emergency. Upon motion by Mrs. Hightower that Bill 10-130 be read and placed upon the floor TRANSFER $14,000 CLERK OF COURT BY: MR. JEFFERSON ORDINANCE 10-125 Transferring the sum of Fourteen Thousand Dollars ($14,000.00) within the General Fund (#101) to cover contractual services for the Clerk of Court. Upon motion by Mr. Jefferson that Bill 10-131 be read and placed upon the floor floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as CLAIM TONY ACCARDI, 227 LASALLE ST. BY: MR. HILL ORDINANCE 10-126 Authorizing payment of the claim of Tony Accardi, 227 LaSalle St., Mansfield, OH 44903 and declaring an emergency. Upon motion by Mr. Rock that Bill 10-132 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as follows: Ayes: 6, Nays: 0. Ayes: Carmichael, Hazen, Hightower, Jefferson, Rock and Versaw. Absent: Haring and Hill. 140

CLAIM LEE ALLEN, 217 HOME CIRCLE, BUCYRUS, OHIO BY: MR. HILL ORDINANCE 10-127 Authorizing payment of the claim of Lee W. Allen, 217 Home Circle, Bucyrus, OH 44820 and declaring an emergency. Upon motion by Mr. Rock that Bill 10-133 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as follows: Ayes: 6, Nays: 0. Ayes: Carmichael, Hazen, Hightower, Jefferson, Rock and Versaw. Absent: Haring and Hill. MR. VERSAW: I want to make sure that the public doesn t think that we are going to pay one half of all claims. We made an exception here. Most of this was one big pot hole out on 30 and one other one, but I think the public needs to understand that we look at these on a case by case basis and not this is not setting any precedence where we are going to pay half of anybody that hits a pothole. CLAIM ERIN DAVIES, 802 HOOVER RD. BY: MR. HILL ORDINANCE 10-128 Authorizing payment of the claim of Erin Davies, 802 Hoover Rd., Mansfield, OH 44905 and declaring an emergency. Upon motion by Mr. Rock that Bill 10-134 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as follows: Ayes: 6, Nays: 0. Ayes: Carmichael, Hazen, Hightower, Jefferson, Rock and Versaw. Absent: Haring and Hill. CLAIM KEITH GOOSSENS, 566 WESLEY AVE. BY: MR. HILL ORDINANCE 10-129 141

Authorizing payment of the claim of Keith Goossens, 566 Wesley Ave., Mansfield, OH 44905 and declaring an emergency. Upon motion by Mr. Rock that Bill 10-135 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as CLAIM AMELIA SANCHEZ, 408 S. MAIN ST. BY: MR. HILL ORDINANCE 10-130 Authorizing payment of the claim of Amelia Sanchez, 408 S. Main St., Mansfield, Ohio 44907 and declaring an emergency. Upon motion by Mr. Rock that Bill 10-136 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as follows: Ayes: 8, Nays: 0. Ayes: Carmichael, Hazen, Hazen, Hightower, Hill, Jefferson, Rock and AUTH SSD ENTER CONTRACT FOR YEARLY NEEDS OF THE CITY BY: MR. JEFFERSON ORDINANCE 10-131 Authorizing the Service-Safety Director to advertise for bids and to enter into contracts for certain yearly needs of the City, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-137 be read and placed upon the floor AUTH SSD ENTER CONTRACT FOR SALT SUPPLY 142

BY: MR. JEFFERSON ORDINANCE 10-132 Authorizing the Service-Safety Director to advertise for bids and enter into a contract for salt supply, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-138 be read and placed upon the floor AUTH SSD ENTER CONTRACT FOR GAS & DIESEL FUEL BY: MR. JEFFERSON ORDINANCE 10-133 Authorizing the Service-Safety Director to advertise for bids and enter into a contract for the retail purchase of gasoline and diesel fuel for use in City vehicles and equipment, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-139 be read and placed upon the floor DETERMINE TO PROCEED WITH IMPROVEMENT OF GLENWOOD/PARKWOOD BY: MR. JEFFERSON ORDINANCE 10-134 Determining to proceed with the improvement of Glenwood Boulevard and Parkwood Boulevard by sprinkling, moving, sweeping, cleaning, etc., the grass plots or lawn strips in the middle of said boulevards, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-140 be read and placed upon the floor 143

MR. HAZEN: Just briefly, as a reminder, since this is my ward, the Glenwood Boulevard and Parkwood Boulevard Assoc. raise their own funds. There s no money that s raised from the taxpayers for just this specific area. AMEND SCHEDULE I, SEC B OF TRAFFIC SCHEDULES BY: MR. VERSAW ORDINANCE 10-135 Amending Schedule I, Section B of the Mansfield Traffic Schedules to remove the one-way traffic restriction for Walnut Street from Second Street to W. Fourth Street, and declaring an emergency. Upon motion by Mr. Versaw that Bill 10-141 be read and placed upon the floor AUTH SSD ENTER CONTRACT FOR IMPROVING I71, SR 13, HANLEY & S. MAIN ST. BY: MR. VERSAW ORDINANCE 10-136 Authorizing the Service-Safety Director to advertise for bids and enter into a contract or contracts for the necessary improvement to the intersections of Interstate 71, State Route 13, Hanley Road and South Main Street, and declaring an emergency. Upon motion by Mr. Versaw that Bill 10-142 be read and placed upon the floor MR. HAZEN: Just a quick comment. There was an interesting Letter to the Editor in the recent Mansfield News Journal concerning street improvements and how, even though it makes us all a little bit impatient and it frustrates us a little bit going around those orange cones, when the streets are done, we generally like what we see. I think this 144

is another example of where the citizens have complained for a long time about certain elements of that particular intersection and the way it s set up and to be a part of helping to improve that and ease some frustrations and at the same time, even though it s going to be an inconvenience for awhile while this work is being done, the net results going to end up being the citizens are going to have a better roadway and a better travel experience at that intersection and so we re grateful that that s moving forward and taking place. AUTH SSD ENTER CONTRACT FOR NATURAL GAS BY: MR. HAZEN ORDINANCE 10-137 Authorizing the Service-Safety Director to advertise for bids and enter into a contract for providing natural gas for use at the Wastewater Treatment Plant, the Ocie Hill Community Center, the Service Department Complex, and the Municipal Complex, and declaring an emergency. Upon motion by Mr. Hazen that Bill 10-143 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as AUTH SSD ENTER CONTRACT FOR NATURAL GAS BY: MR. HAZEN ORDINANCE 10-138 Authorizing the Service-Safety Director to advertise for bids and enter into a contract, without competitive bidding, for providing natural gas for use at certain City facilities, and declaring an emergency. Upon motion by Mr. Hazen that Bill 10-144 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as AUTH SSD ENTER CONTRACT FOR MUNI. BUILDING LIGHTING UPGRADE BY: MR. HAZEN ORDINANCE 10-139 145

Authorizing the Service-Safety Director to advertise for bids and enter into a contract or contracts for the Mansfield Municipal Building Lighting Upgrade Project, and declaring an emergency. Upon motion by Mr. Hazen that Bill 10-145 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as MR. HAZEN: I d like to make a quick comment about this and several other pieces of legislation tonight. There s a lot that we re going out to bid for, whether it s gas we use in vehicles, the gas we use in our facilities, the lighting. There s a lot of different ways for us, as a city, to save money. Some of those are cuts, some of those are eliminating services, and in these cases, in order to perform the normal course of business, we ve got an opportunity, again, to go out and to competitively bid and in some of these instances use grant money to help our current situation. The net result of all of these should end up being a cost savings and once again, I think we need to recognize that there s always a lot of hard work in these bid processes, there s a lot of analysis that goes into it and so the citizens understand, it s not just a matter of cut, cut, cut, there are times when we have the opportunity to save money without cutting and still perform the normal course of business. Here s yet, again, another example, we re not spending any of the city taxpayer money. This is grant funding. The results going to end up being, our lighting is going to be less expensive throughout the facility. That s all a positive for us and for the taxpayers. MR. VERSAW: One of the questions, again, that I had, was there a return on investment on this? AUTH SSD ENTER CONTRACT FOR IMPROVEMENTS AT REID IND. PARK BY: MR. HAZEN ORDINANCE 10-140 Authorizing the Service-Safety Director to advertise for bids and enter into a contract or contracts for the construction of various improvements and associated wetland mitigation activities for certain city-owned property now known as the Reid Industrial Park, and declaring an emergency. Upon motion by Mr. Hazen that Bill 10-146 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as 146

ADOPT OPERATION & GOVERNANCE FOR THE ELECTRICITY AGGREGATION PROGRAM BY: MR. HAZEN ORDINANCE 10-141 Adopting the plan of Operation and Governance for the Electricity Aggregation Program for the City of Mansfield with First Energy Solutions, and declaring an emergency. Upon motion by Mr. Hazen that Bill 10-147 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as MR. HAZEN: One quick note. I want to thank Mr. DeSanto for his work on this, bringing it to council, sheparding it through the process, working with First Energy, having First Energy work with us. It s good for us, good for the taxpayers, it s good for First Energy, yes, but it s also good for everybody else involved. This is a type of positive thing when government works with private industry and I like to see these types of programs. Thank you very much, sir. AUTH SSD EXECUTE CONTRACT WITH DRCA AND MANSFIELD CONVERSION SCHOOLS BY: MR. JEFFERSON ORDINANCE 10-142 City s Department of Regional Community Advancement with the Mansfield Conversion Schools, effective retroactive to June 11, 2010, to provide compliance consultant services, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-148 be read and placed upon the floor 147

AUTH SSD EXECUTE CONTRACT WITH DRCA AND MANSFIELD CONVERSION SCHOOLS BY: MR. JEFFERSON ORDINANCE 10-143 City s Department of Regional Community Advancement with the Mansfield Conversion Schools, effective retroactive to July 1, 2010, to provide compliance consultant services, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-149 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND MANSFIELD CONVERSION SCHOOLS BY: MR. JEFFERSON ORDINANCE 10-144 City s Department of Regional Community Advancement with the Mansfield Conversion Schools to provide aide services, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-150 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND MANSFIELD CONVERSION SCHOOLS BY: MR. JEFFERSON ORDINANCE 10-145 City s Department of Regional Community Advancement with the Mansfield Conversion Schools to provide Academic and Grant Management Coach Services, and declaring an emergency. 148

Upon motion by Mr. Jefferson that Bill 10-151 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND MANSFIELD CITY SCHOOLS BY: MR. JEFFERSON ORDINANCE 10-146 City s Department of Regional Community Advancement, commencing retroactive to July 1, 2010, with the Mansfield City School District to provide executive administrative services for its Elective Academy, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-152 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND RIC. CO. YOUTH & FAMILY COUNCIL BY: MR. JEFFERSON ORDINANCE 10-147 City s Department of Regional Community Advancement, retroactive to July 1, 2010, to provide clerical/administrative services to the Richland County Youth and Family Council, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-153 be read and placed upon the floor 149

AUTH SSD EXECUTE CONTRACT WITH DRCA AND RIC. CO. YOUTH & FAMILY COUNCIL BY: MR. JEFFERSON ORDINANCE 10-148 City s Department of Regional Community Advancement, retroactive to July 1, 2010, to provide a Help Me Grow Project Director to the Richland County Youth and Family Council, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-154 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND RIC. CO. YOUTH & FAMILY COUNCIL BY: MR. JEFFERSON ORDINANCE 10-148 City s Department of Regional Community Advancement, retroactive to July 1, 2010, to provide a Help Me Grow family support services to the Richland County Youth and Family Council, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-155 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND RIC. CO. YOUTH & FAMILY COUNCIL BY: MR. JEFFERSON ORDINANCE 10-150 City s Department of Regional Community Advancement, retroactive to July 1, 2010, to 150

provide Help Me Grow service coordination to the Richland County Youth and Family Council, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-156 be read and placed upon the floor AUTH SSD EXECUTE CONTRACT WITH DRCA AND RIC. CO. YOUTH & FAMILY COUNCIL BY: MR. JEFFERSON ORDINANCE 10-151 City s Department of Regional Community Advancement, retroactive to July 1, 2010, to provide a Help Me Grow central intake and referral services to the Richland County Youth and Family Council, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-157 be read and placed upon the floor APPROP $243,453 DRCA BY: MR. JEFFERSON ORDINANCE 10-152 Appropriating the sum of Two Hundred Forty-three Thousand Four Hundred Fifty-three Dollars ($243,453) from the unappropriated Regional Community Advancement fund (#205) to various RCA Programs. Upon motion by Mr. Jefferson that Bill 10-158 be read and placed upon the floor 151

APPROP $27,185 HEALTH CARE BY: MR. JEFFERSON ORDINANCE 10-153 Appropriating the sum of Twenty-seven Thousand One Hundred Eighty-five Dollars ($27,185) from the unappropriated Health Insurance Fund (#606) to various Health Care expenses. Upon motion by Mr. Jefferson that Bill 10-159 be read and placed upon the floor APPROP $24,756 MEDICARE, OPERS, LIFE INSURANCE BY: MR. JEFFERSON ORDINANCE 10-154 Appropriating the sum of Twenty-four Thousand Seven Hundred Fifty-six Dollars ($24,756) from the unappropriated Benefits Fund (#609) to fund accounts for the City s share of Medicare, OPERS, and life insurance. Upon motion by Mr. Jefferson that Bill 10-160 be read and placed upon the floor TRANSFER $1,569 DRCA BY: MR. JEFFERSON ORDINANCE 10-155 Transferring the sum of One Thousand Five Hundred Sixty-nine Dollars ($1,569) within the Regional Community Advancement Fund (#205) from fund account Unemployment Compensation to a newly created fund account for Refunds. 152

Upon motion by Mr. Jefferson that Bill 10-161 be read and placed upon the floor TRANSFER $3,000 STREET BY: MR. JEFFERSON ORDINANCE 10-156 Transferring the sum of Three Thousand Dollars ($3,000) within the Street fund for Contract Services. Upon motion by Mr. Jefferson that Bill 10-162 be read and placed upon the floor AMEND & REEANCT CHAPTER 535 SEXUALLY ORIENTED BUSINESSES BY: MRS. HARING ORDINANCE 10-157 Amending and reenacting Chapter 535 of the Mansfield Codified Ordinance, as amended, establishing criminal offenses relating to sexually oriented businesses, repealing existing Chapter 535 thereof, and declaring an emergency. Upon motion by Mr. Jefferson that Bill 10-163 be read and placed upon the floor AMEND & REEANCT CHAPTER 761 SEXUALLY ORIENTED BUSINESSES BY: MRS. HIGHTOWER ORDINANCE 10-158 153

Amending and reenacting Chapter 761 of the Mansfield Codified Ordinance, as amended, relating to the regulation of sexually oriented businesses, repealing existing Chapter 761 thereof, and declaring an emergency. Upon motion by Mrs. Hightower that Bill 10-164 be read and placed upon the floor for discussion, seconded by Mrs. Carmichael. The bill was read and placed upon the floor for final passage, seconded by Mrs. Carmichael. The vote was taken and resulted as follows: Ayes: 6, Nays: 0. Ayes: Carmichael, Hazen, Hightower, Jefferson, Rock and ADJOURN: Upon motion by Mr. Rock and seconded by Mr. Hazen, and passed by voice vote, the meeting was adjourned. Amy Walker Clerk of Council Phillip Scott President of Council 154