|The Issue: Pipeline Connection to
Canton Water System
Pipeline Not Bid
Background Information &
Ordinance No. 38-02 authorizing the Mayor of the City of North
Canton, through the Board of Control, to enter into a PIPELINE
OCCUPANCY AGREEMENT by and between METRO REGIONAL TRANSIT
AUTHORITY (“Licensor”) and the CITY OF NORTH CANTON
(“Licensee”) for the purpose of constructing, using and
maintaining a twenty-four (24) inch pipeline solely for the
transmission of potable water (the “pipeline”).
The two pieces of legislation were read at three open council
meetings (March 25, 2002, April 1, 2002 and April 8, 2002).
The legislation required at least four votes for passage and
received the needed votes for all three readings for both
pieces of legislation. This was reported in a Repository article dated April 9, 2002
. All members present voted as follows:
Yes: Foltz, Lindower, McLaughlin, Magel, Kiesling,
I abstained on this issue because I was not opposed to a
possible connection to Canton's water system, but I was not
happy with the implementation of that plan. For me, the
implementation of an idea is just as important as the idea
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My Position & Rationale
The City of North Canton should lay the pipeline along a more favorable
||The proposed route of the pipeline will cross the Zimber
Ditch and could affect future improvements planned for the
I was unable to get assurances that the pipeline would not
interfere with the future improvements planned for the Zimber
Ditch. This concern was detailed in a memo dated March 25,
2002, to council (Place link to March 25, 2002 memo).
||There is no cap on the right-of-way fees that North Canton
will have to pay to the Metro Regional Transit Authority.
The City of North Canton will have to make payments in
perpetuity if it is to construct and use a pipeline in the
I provided to City Council a
schedule of estimated fees indicating that North Canton will
pay out nearly $1.1 million dollars over an estimated 100-year
lifetime use of this pipeline. I also pointed out that to limit
its costs, the City of Canton negotiated a one-time
perpetual license fee of $95,700 for their railroad
right-of-way fee one year earlier along this same track line.
schedule of estimated fees noted above was later verified by a CPA,
which I reported to Mr. Rick McLaughlin, Chairman of the North Canton City Council's Water, Sewer and Rubbish Committee in a
letter dated April 29,
2002. In addition, I detailed the right-of-way fees
April 2002 newsletter to residents.
||The terms of the contract with the Metro Regional Transit
Authority for the right of-way are very unfavorable to the
City of North Canton.
One such clause in the contract requires that the 24-inch
pipeline be removed when the city discontinues use of the
memo to council dated April 7, 2002 details other
unfavorable contract terms.
||Appropriation of funds for the pipeline project could
adversely impact the continued development of the East Maple
Street Well Field.
The city administration would not provide any information
during these discussions on their plans for the future
development of the East Maple Street Well Field.
these technical concerns were addressed in a
memo to Mayor
Tom Rice dated May 22, 2002.
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Research, Documentation &
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