A RESOLUTION SHOWING COUNCIL’S SUPPORT TO APPLYING FOR A DISTRICT 6, OHIO PUBLIC WORKS COMMISSION PROJECT BY THE CITY OF NEWTON FALLS.

            WHEREAS, The City of Newton Falls will be applying for one project for the Year 2011, District 6, Ohio Public Works Commission funding; and

             WHEREAS, The project applied for will be the First Street Improvement Project which will include installing storm sewers and paving; and

             WHEREAS, The Newton Falls City Council is in full support of this project and is committed to seeing this project completed.

 COUNCIL FOR THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY RESOLVES:

 SECTION I:            The Newton Falls City Council is in full support of the First Street Improvement Project for year 2011 Ohio Public Works funding and is committed to seeing this project completed and will ensure that the City of Newton Falls will provide the financial and political support needed to complete the project.

PASSED IN COUNCIL THIS ________ DAY OF SEPTEMBER 2010.

                                                            ____________________________________

                                                            Mayor, Patrick D. Layshock

ATTEST: _____________________________________

                 City Clerk/Clerk of Council

A RESOLUTION ACCEPTING THE AMOUNT AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. 

            WHEREAS, The Council of the City of Newton Falls in accordance with the provisions of Section 5705.281 R.C., previously provided the Alternative Tax Budget Information for the succeeding fiscal year commending January 1, 2011; and 

            WHEREAS, The Budget Commission of Trumbull County, Ohio has certified its action thereon to this Council together with an estimate by the County Auditor of the rate of each tax necessary to be levied by this Council, and what part thereof is without, and what part within the ten mill limitation. 

NOW THEREFORE THE COUNCIL OF THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY RESOLVES: 

SECTION I:    The Council of the City of Newton Falls, Trumbull County, Ohio, resolves that the amounts and rates, as determined by the Budget commission in its certification, be and the same are hereby accepted. 

SECTION II:   That there be and is hereby levied on the tax duplicate of said City the rate of each tax necessary to be levied within and without the ten mill limitation as shown on “Exhibit A” attached hereto as if fully rewritten herein. 

SECTION III:  That the Clerk of Council be and is hereby directed to certify a copy of this Resolution to the county Auditor of Said County.

PASSED IN COUNCIL THIS ________ DAY OF SEPTEMBER 2010.

                                                            __________________________________

                                                            Mayor, Patrick D. Layshock

ATTEST:________________________________________

                City Clerk/Clerk of Council

AN ORDINANCE AMENDING ORDINANCE 2009-34 MAKING APPROPRIATIONS FOR THE CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF NEWTON FALLS, OHIO, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010.

             WHEREAS, It is necessary to amend the yearly appropriations.

 THE COUNCIL OF THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY ORDAINS:

 SECTION I:            “Exhibit A” attached hereto as if fully rewritten herein amends “Exhibit A
 of Ordinance 2009-34, 2010-08, 2010-10, 2010-22 and 2010-25.  Any funds not listed in this exhibit shall remain intact as listed in Ordinance 2009-34.

SECTION II:            The City Director of Finance is hereby authorized to draw warrants on the City treasury for payment of the foregoing appropriations, upon receiving proper certification and vouchers thereof, and no salaries or wages shall be paid except to persons employed by authority of and in accordance with law or ordinances.

 SECTION III:            Any Ordinances or parts of Ordinances in conflict with the context of this Ordinance are hereby repealed.

PASSED IN COUNCIL THIS ________ DAY OF ____________ 2010.

                                                                        ________________________________

                                                                        Mayor, Patrick D. Layshock

 ATTEST: ___________________________________

                 City Clerk

Mayor, Patrick D. Layshock

CITY COUNCIL MEMBERS
Ricahrd Zamecnik, Ward 1
Nancy Hoffman, Ward 2
Richard Monteville, Ward 3
Jim Luonuansuu, Ward 4
Mary Ann Johnson - At Large
CITY MANAGER - Jack C. Haney
LAW DIRECTOR -Mark Finamore, Interim
CITY CLERK - Kathleen M. King

1. Call to Order
2. Pledge of Allegiance/Silent Prayer
3. Roll Call
4. Special Presentations by Staff Members or invited Consultants
5. Public Comments
6. Caucus (limited to one hour)
   1. Questions on tonight’s agenda
   2. Reports
             Mayor
             Council Members
             City Manager                              
             Law Director
   3.  Changes to tonight’s agenda
7. Approval of Previous Minutes
   August 16, 2010, Regular Meeting
   August 30, 2010, Special Meeting
8. Public Hearings
   1. Ord. 2010-28: Approve the execution of an efficiency smart power plant schedule.
9. OLD BUSINESS
   1. Ord. 2010-28: Approve the execution of an efficiency smart power plant schedule.
10. NEW BUSINESS
    1. Ord. 2010-29: Reappropriation.
    2. Res. 32-2010: Accepting amounts and rate as determined by the budget commission. (Hoffman)
    3. Res. 33-2010: Council’s support of Issue I projects. (Monteville)
    4. Proclamation of Appreciation for Arts in the Park event. (Layshock)
11. Public Comments
12. Closing Remarks from the Mayor, City Manager and Council
13. Motion to Recess into Executive Session- if necessary
14. Motion to Adjourn

Mayor, Patrick D. Layshock

CITY COUNCIL MEMBERS
Ricahrd Zamecnik, Ward 1
Nancy Hoffman, Ward 2
Richard Monteville, Ward 3
Jim Luonuansuu, Ward 4
Mary Ann Johnson - At Large
CITY MANAGER - Jack C. Haney
LAW DIRECTOR - Interim, Mark Finamore
CITY CLERK - Kathleen M. King

1. Call to Order
2. Pledge of Allegiance/Silent Prayer
3. Roll Call
4. Public Comments(limited to those items as identified on the agenda)
5. OLD BUSINESS/NEW BUSINESS
   1. Hiring of the Law Director
   2. Finalize the City Manager’s evaluation.
   3. Preparation for the hiring of an assistant City Clerk.
6. Motion to Recess into Executive Session- if necessary
   Motion to adjourn into executive session for the purpose of personnel in reference to hiring for the City Law Director’s Position and the City Manager’s evaluation.
7. Public Comments (Limited to those items as identified on the agenda)
8. Motion to Adjourn

Resolution 31-2010

Exhibit A

28        Cast aluminum street lights

1          1989 GMC 7000 Altec Bucket Truck

1            International Harvester Cub Tractor

            serial number 240754J

1          1992 Kubota Tractor 4-wheel drive

            Model B7100HST  S/N 65066

            48″ Mower Deck

            5′ Snow Plow

            3 point hitch

1996    Ford 250

1974    Ford 4500 Backhoe

            Description                                                       Serial Number                       

Pennsylvania 3 Phase Transformer                              C-02329-5-2

McGraw Edison 3 Phase Transformer                  C-42611-1-1

Westinghouse Vacuum Circuit Breaker                        76H105VB

Siemens Vacuum Circuit Breaker                                    44418-1

Siemens Regulator                                                          05210-4

Siemens Regulator                                                          05210-2

Siemens Regulator                                                          05210-X-1

McGowan-Edison Single Phase Regulator                      85ZN772-006

McGowan-Edison Single Phase Regulator                      76ZE62B-003

McGowan-Edison Single Phase Regulator                      76ZE62B-002

A RESOLUTION AUTHORIZING THE CITY OF NEWTON FALLS TO DISPOSE OF UNNEEDED EQUIPMENT/PROPERTY BY SALE TO EMPLOYEES, PUBLIC AUCTION, ON INTERNET AUCTION, OR SALVAGE PURSUANT TO SECTION 721.15 OF THE REVISED CODE.

            WHEREAS, The City of Newton Falls has accumulated various pieces of equipment and/or property that are no longer needed for municipal purposes; and

            WHEREAS, Section 721.15 of the Revised Code requires that property valued in excess of One Thousand ($1,000.00) Dollars be sold to the highest and best bidder; and

            WHEREAS, The City of Newton Falls desires to dispose of the unneeded equipment/property and also desires to advertise the sale of the property on Internet Auction.

THE COUNCIL FOR THE CITY OF NEWTON FALLS, STATE OF OHIO, HEREBY RESOLVES:

SECTION I:            City Council authorizes the City Manager to inventory all unneeded equipment and/or property to identify those items to be auctioned by the City.  Items to be sold are listed on the attached Exhibit “A”.

SECTION II:            City Council authorizes the City Manager to advertise the date and time of the auction once per week for at least two consecutive weeks, in accordance with Revised Code 721.15, and authorizes the City to conduct an auction to dispose of the unneeded equipment and/or property.  The City Manager shall also advertise the availability of items for bid on Internet Auction for at least two consecutive weeks.

SECTION III:  City Council authorizes the City Manager to determine that equipment and/or property is not needed for public use, or is obsolete or unfit for the use for which it was acquired, and that the property has no value, may discard or salvage that property.

PASSED IN COUNCIL THIS ________ DAY OF AUGUST 2009.

                                                                        ___________________________________

                                                                        Mayor, Patrick D. Layshock

ATTEST: __________________________________________

                 City Clerk/Clerk of Council

GORSUCH

City OF Newton Falls, Ohio

ORDINANCE No. 2010-28

TO APPROVE THE EXECUTION OF AN

EFFICIENCY SMART POWER PLANT SCHEDULE

GORSUCH PARTICIPANT WITH AMERICAN MUNICIPAL POWER, INC.

            WHEREAS, the City of Newton Falls, Ohio (”Municipality”) owns and operates an electric utility system for the sale of electric power and associated energy for the benefit of its citizens and taxpayers; and

WHEREAS, American Municipal Power, Inc. (”AMP” and formerly known as AMP-Ohio) is an Ohio nonprofit corporation, organized to own and operate facilities, or to provide otherwise, for the generation, transmission or distribution of electric power and energy, or any combination thereof, and to furnish technical services on a cooperative, nonprofit basis, for the mutual benefit of AMP members (”Members”), such Members, including Municipality, being, as of the date hereof, political subdivisions that operate municipal electric utility systems in Ohio, Kentucky, Michigan, Pennsylvania, Virginia and West Virginia; and

WHEREAS, AMP and Municipality have entered into a Master Services Agreement, AMP Contract No. C-11-2005-4428, pursuant to which AMP provides certain services to Municipality as set forth in various schedules to the Master Services Agreement (the “Schedules”); and

WHEREAS, AMP and Municipality entered into a Power Sales Contract, dated as of January 1, 1988, relating to the Richard H. Gorsuch Generation Station Project (”Gorsuch Project”) under which Municipality has been receiving a share of the power and energy from the Gorsuch Project and has paid for its share of the costs thereof; and

WHEREAS, on April 1, 2009 AMP was served with a Notice of Violation (”NOV”) from the U.S. EPA alleging AMP and the previous owner of the Gorsuch Project had violated the Clean Air Act by performing certain work performed at the Gorsuch Project in 1981 - 1986 (before AMP had an interest in the Gorsuch Project) and again in 1988 - 1991 should have triggered “New Source Review”; and

WHEREAS, similar NOVs were issued to nearly all regional utilities with coal fired generation in the past; and

WHEREAS, with the approval of the Gorsuch Project participating municipalities’ representatives and its Board, AMP has entered into a “Consent Decree” with the U.S. EPA which has been filed with the U.S. District Court for the Southern District of Ohio; and

WHEREAS, the Consent Decree requires, among other things, AMP to implement a energy efficiency program that encompasses the participating Gorsuch Project municipalities that will cost not less than $15 Million and which is expected to provide approximately twice that amount in power and energy cost savings; and

WHEREAS, AMP and the Vermont Energy Investment Corporation (”VEIC”) have negotiated a relationship regarding the implementation of an energy efficiency program for AMP to be known as the Efficiency Smart Power Plant (”ESPP”); and

WHEREAS, in furtherance thereof AMP and VEIC entered into an ESPP agreement (”ESPP Agreement”) for AMP to  pay VEIC to provide a comprehensive set of energy efficiency services (”ESPP Services”) designed to comply with the Consent Decree and lower the total need for higher cost electric generation facilities and/or purchased power and thereby reduce Municipality’s customers’ bills (the “ESPP Services”), to be offered to Gorsuch participants as well as other AMP members contingent upon the attainment of specific subscription levels of AMP member municipalities referred to in the ESPP Agreement as “Critical Mass Participation” ; and

WHEREAS, AMP has provided the Municipality with copies of the Consent Decree and ESPP Agreement.

WHEREAS, AMP and Municipality desire to enter into a Schedule (”ESPP Schedule“), under the MSA, which provides that AMP will obtain and sell to Municipality, and Municipality will agree to take and pay for, a share of the ESPP Services which AMP has contracted to acquire in the ESPP Agreement; and

WHEREAS, as set forth in the ESPP Schedule, AMP’s sale, and Municipality’s purchase, of the ESPP Services is contingent on achieving Critical Mass Participation by the Critical Mass Date (as defined in the ESPP Agreement).

            THE COUNCIL OF THE City OF Newton Falls, state of ohio, hereby ordains:

            SECTION 1:  That the ESPP Schedule between Municipality and AMP, substantially in the form attached hereto or on file with the Clerk, including Appendices thereto, are approved, and the [title of officer, e.g. Mayor, Manager or Director of Public Utilities] of Municipality is hereby authorized to execute and deliver the ESPP Schedule, with such changes as the [title of officer, e.g. Mayor, Manager or Director of Public Utilities] may approve as neither inconsistent with this [Ordinance/Resolution] nor materially detrimental to the Municipality, his or her execution of the ESPP Schedule to be conclusive evidence of such approval.

            SECTION 2.   That the City Manager is hereby authorized to take any action necessary for Municipality to fulfill its obligations under the ESPP Schedule.

            SECTION 3.   That it is found and determined that all formal actions of this Council  concerning and relating to the passage of this Ordinance were taken in conformance with applicable open meetings laws and that all deliberations of this Council and of any committees that resulted in those formal actions were in compliance with all legal requirements including any applicable open meetings requirements. 

            SECTION 4.   If any section, subsection, paragraph, clause or provision or any part thereof of this Ordinance shall be finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Ordinance shall be unaffected by such adjudication and all the remaining provisions of this Ordinance shall remain in full force and effect as though such section, subsection, paragraph, clause or provision or any part thereof so adjudicated to be invalid had not, to the extent of such invalidity, been included herein.

            SECTION 5.   That this Ordinance shall take effect at the earliest date allowed by law.

PASSED IN COUNCIL THIS __________ DAY OF _________________ 2010.