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Legal Notices

LEGAL NOTICES
September 3, 2015


CITY OF NORTON – ORDINANCE NO. 44-2015

Notice is hereby given that on August 17, 2015, the Council of the City of Norton, adopted the following Ordinance No. 44-2015:

AN ORDINANCE IMPLEMENTING SECTIONS 3735.65 THROUGH 3735.70 OF THE OHIO REVISED CODE, ESTABLISHING AND DESCRIBING THE BOUNDARIES OF COMMUNITY REINVESTMENT AREA IN THE CITY OF NORTON, DESIGNATING A HOUSING OFFICER TO ADMINISTER THE PROGRAM, AND CREATING A COMMUNITY REINVESTMENT HOUSING COUNCIL AND A TAX INCENTIVE REVIEW COUNCIL.

WHEREAS, this Council desires to pursue all reasonable and legitimate incentive measures to assist and encourage development in the area consisting of the corporate boundaries of the City, which has not enjoyed reinvestment from remodeling or new construction;

WHEREAS, a survey of housing within the corporate boundaries of the City, a copy of which is on file in the office of the Clerk of Council as required by Section 3735.66 of the Ohio Revised Code, has been prepared by InSITE Advisory Group, LLC for the area to be included in the proposed Community Reinvestment Area;

WHEREAS, the maintenance of existing and construction of new structures in such area would serve to encourage economic stability, maintain real property values, and generate new employment opportunities; and

WHEREAS, the remodeling of existing structures or the construction of new structures in this Community Reinvestment Area constitutes a public purpose for which real property exemptions may be granted.

NOW THEREFORE, BE IT ORDAINED by the Council of the City of Norton, Counties of Summit and Wayne, State of Ohio:

The area designated as the City of Norton Community Reinvestment Area constitutes an area in which housing facilities or structures of historical significance are located, and in which new construction or repair of existing facilities has been discouraged:

Pursuant to Section 3735.66 of the Ohio Revised Code, the City of Norton Community Reinvestment Area shall consist of all parcels of land within the corporate limits of the City of Norton. The City of Norton Community Reinvestment Area is depicted as the outlined area on the map attached hereto as Exhibit A.

All commercial and industrial properties identified in Exhibit A as being within the designated City of Norton Community Reinvestment Area are eligible for this incentive.  This proposal is a public/private partnership intended to promote and expand conforming uses in the designated area.

Within the City of Norton Community Reinvestment Area, the percentage of the tax exemption on the increase in the assessed valuation resulting from improvements to commercial and industrial real property and the term of those exemptions shall be negotiated on a case-by-case basis in advance of construction or remodeling occurring according to the rules outlined in the Section 3735.67 of the Ohio Revised Code.  The results of the negotiation as approved by this Council will be set in writing in a Community Reinvestment Area Agreement complying with the requirements of Section 3735.671 of the Ohio Revised Code and shall not exceed the following limits:

Up to, and including, twelve (12) years, and up to, and including, one hundred percent (100%) for the remodeling of existing commercial and industrial facilities and upon which the cost of remodeling is at least $5,000, as described in ORC Section 3735.67, the term and percentage of which shall be negotiated on a case-by-case basis in advance of remodeling occurring. 

Up to, and including, fifteen (15) years, and up to, and including, one hundred percent (100%) for the construction of new commercial or industrial facilities, the term and percentage of which shall be negotiated on a case-by-case basis in advance of construction occurring.

If remodeling qualifies for an exemption, during the period of the exemption, the exempted percentage of the dollar amount of the increase in market value of the structure shall be exempt from real property taxation.  If new construction qualifies for an exemption, during the period of the exemption the exempted percentage of the structure shall not be considered to be an improvement on the land on which it is located for the purpose of real property taxation.

All commercial and industrial projects are required to comply with the state application fee requirements of Section 3735.672(C) of the Ohio Revised Code and the local annual monitoring fee of one percent of the amount of taxes exempted under the agreement - a minimum of $500 up to a maximum of $2500 annually unless waived.

To administer and implement the provisions of this Ordinance, the Administrative Officer is designated as the Housing Officer as described in Sections 3735.65 through 3735.70.

A “Community Reinvestment Area Housing Council” shall be created, consisting of two members appointed by the Mayor, two members appointed by the Council, and one member appointed by the Planning Commission.  The majority of the members shall then appoint two additional members who shall be residents within the area.  Terms of the members of the Community Reinvestment Area Housing Council shall be for three years.  An unexpired term resulting from a vacancy in the Community Reinvestment Area Housing Council shall be filled in the same manner as the initial appointment was made. The Community Reinvestment Area Housing Council shall make an annual inspection of the properties within the district for which an exemption has been granted under Section 3735.67 of the Ohio Revised Code. The Council shall also hear appeals under Section 3735.70 of the Ohio Revised Code. 

A Tax Incentive Review Council shall be established pursuant to Section 5709.85 of the Ohio Revised Code and shall consist of three representatives appointed by the Council of the County of Summit, two representatives of the City, appointed by the Mayor with Council concurrence, the County Fiscal Officer or designee and a representative of Board of Education of the Norton City School District.  At least two members must be residents of the City.  The Tax Incentive Review Council shall review annually the compliance of all agreements involving the granting of exemptions for commercial or industrial real property improvements under Section 3735.671 of the Ohio Revised Code and make written recommendations to the Community Reinvestment Area Housing Council as to continuing, modifying or terminating said agreement based upon the performance of the agreement.

This Council reserves the right to re-evaluate the designation of the City of Norton Community Reinvestment Area after December 31 of each year,  at which time the Council may direct the Housing Officer not to accept any new applications for exemptions as described in Section 3735.67 of the Ohio Revised Code.

The Clerk of Council shall, no later than 15 days after the adoptions of this Ordinance, petition the Director of the Ohio Development Services Agency for the Director to confirm the findings set forth in this Ordinance.  The petition shall be accompanied by a copy of this Ordinance and a map of the City of Norton Community Reinvestment Area in sufficient detail to denote the specified boundaries of the area and to indicate zoning restrictions applicable to the area.

All formal actions of this Council related to this Ordinance and all deliberations of the 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, including section 121.22 of the Ohio Revised Code.

This Ordinance is declared to be an emergency measure necessary for the immediate preservation for the public peace, health and safety of the City, and for the further reason that this Ordinance is required to be immediately effective to enable the City to timely encourage the new construction or renovation of commercial or industrial properties within the City; and provided it receives approval of two-thirds of the members of Council, shall be in full force and effect from and after its approval by the Mayor, or otherwise take effect and be in force from and after the earliest period provided by law.

By order of the Council of the City of Norton.  Karla Richards, CMC-Clerk of Council



STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF HILLSDALE

ERIC S. PLETCHER, Plaintiff,

v File Number:  15-203-DO

Hon. Michael R. Smith

TAVITA TALEV, Defendant.

CHARLES H. GROSS (P34583)

Attorney for Plaintiff

105 Brown Street, Ste. 200

Tecumseh, MI  49286

(517) 423-8344

A Summons and Complaint has been filed in the Hillsdale County Circuit Court, File No. 15-203-DO on April 6, 2015.  Your failure to appear and Answer or take other appropriate action authorized by a statute and Court Rule within 28 day after this publication is completed will result in the Court granting to Plaintiff the relief he has requested in his pleadings.


City of Barberton, Ohio

Request for Qualifications

Issue Date: September 2, 2015

RFQ Title: Environmental Assessment Work to be conducted under the City’s Cooperative Agreement (CA) with the U.S. Environmental Protection Agency.

Issuing Department: City of Barberton, Planning Department

576 W. Park Avenue

Barberton, Ohio 44203

Phone: 330. 848.6729

Fax: 330.848.6649

Introduction

The City of Barberton, through its Department of Planning, is soliciting Request for Qualifications (RFQs) and intends to contract for environmental consulting services in connection with the Brownfield Redevelopment Fund Community Assessment Grant Initiative that is being funded through a Cooperative Agreement with the United States Environmental Protection Agency (US EPA). Firms interested in being considered should reply with a statement of qualifications no later than 3:00 pm, September 25, 2015. Statements received after this deadline will not be considered.

As required by the Ohio Revised Code Sections 153.65-71, responding firms will be evaluated and ranked in order of their qualifications. Following this internal evaluation, the City of Barberton will enter into contract negotiations with the most highly qualified firms.

Required Minimum Qualifications

Individuals or Firms with an Ohio Environmental Protection Agency (OEPA) Voluntary Action Program (VAP) Certified Professional (CP) on staff, who meet the qualifications under Ohio Administrative Code 3745-300-05 and have a current certificate issued by the Director of the Ohio EPA, and who have documented prior work experience with the State of Ohio’s VPA (Ohio Revised Code 3746 and the rules promulgated thereunder). The firm may not subcontract or partner with other firms for personnel with qualifications and experience.

To be evaluated for consideration under this RFQ the required Minimum Qualifications are mandatory.

Project Overview

The City of Barberton has been awarded through a U.S. EPA Cooperative Agreement, $200,000 in funding to conduct Hazardous Substances Environmental Assessments and $200,000 for Petroleum Environmental Assessments. The City has had previous Brownfield remediation programs that were administered by its Planning Department. The City of Barberton will manage and provide grants to inventory, characterize, assess and conduct planning related to brownfield sites community wide. This activity is a continuation of our prior brownfield program.

The City plans on hiring one environmental consultant to perform the work for both the petroleum and hazardous substance assessment grants. The City will contract directly with the environmental consultant. All work will be completed under the direction of an Ohio Voluntary Action Program Certified Professional. All Phase I assessments will conform to ASTM 1527 -13. If requested, Phase I assessments will also conform to the standards set forth under the Ohio Voluntary Action Program. All sites selected by the City for petroleum assessment under the grant program will be submitted to the Ohio State Fire Marshall, Bureau of Underground Storage Tank Regulation (BUSTR) for grant eligibility review and approval before proceeding with the assessment work. Determination as to whether eligible petroleum sites will be assessed using BUSTR regulations or ASTM protocol will be determined on a site by site basis.

The following activities are to be completed with the grant monies:

Inventory and prioritize sites

Prepare quality assurance project plan, health and safety plan and Phase I Environmental Assessments

Prepare sampling plans and Phase II Environmental Site Assessments Complete BUSTR Tier I and Tier II assessments

Prepare remedial planning and design Prepare site specific risk assessments Assist with community outreach

ACRES reporting, draft quarterly reporting and annual financial reporting to US EPA for City approval and submittal to the EPA.

The selected firms will be subject to federal contract requirements, including, but not limited to, Minority Business Enterprise/Women’s Business Enterprise (MBE/WBE) program, project certification process and minimum Federal (Davis-Bacon) wage rates, where applicable.

The City of Barberton anticipates selecting one firm to complete all of these activities. It will be at the discretion of the City to choose the consultant. The highest ranked firm will be asked to enter in an agreement with the City of Barberton to provide environmental consulting services. All Phase I assessments will comply with ASTM 1527-13 and may be required to also comply with the standards of the Ohio EPA’s Voluntary Action Program (VAP).

All Phase II Hazardous Substances Assessments will be conducted under the standards of the Ohio EPA’s VAP using State of Ohio Certified Environmental Professionals and must be in compliance with the Ohio EPA Voluntary Action Program (VAP) Rules. (Ohio Administrative Code rule 3745-300-01 through 3745-300-15). All Petroleum Environmental Assessments involving underground storage tanks will be conducted using American Society of Testing and Materials (ASTM) industry accepted protocol and adhere to the regulatory standards of the State of Ohio’s Department of Commerce, Division of State Fire Marshall, Bureau of Underground Storage Tank Regulation (BUSTR). The designated environmental firms will be knowledgeable and proficient in conducting both Hazardous Substances and Petroleum Assessments.

RFQ Submission Procedures

Applicants must submit one original and 5 copies of their application by September 25, 2015, 3:00pm to the following address:

City of Barberton, Planning Department

576 W. Park Avenue

Barberton, Ohio 44203

All proposals must be submitted directly to the City of Barberton, Planning Department. Any proposal not submitted directly to the Planning Department will not be considered. Additionally, those proposals reaching the Planning Department after the closing deadline will not be considered and will be returned unopened to the sender.


 
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