Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
May 2, 2006


NOTE: Due to a malfunction of the tape recorder and the absence of the Council Clerk, the minutes for this regular session of Council are quite abbreviated.

Council President Glen Stewart called the meeting to order at 7:00 p.m.   

ROLL CALL

Ward 1:    Robert L. Valentine    Present
Ward 2:    Robert M. Valentine    Absent
Ward 3:    Ruth Detrow        Present
Ward 4:    Paul Wertz        Present
At-large:      Glen Stewart        Present

Note: Throughout the minutes, Robert L. Valentine and Robert M. Valentine are designated as to their ward representation, W1 and W2.  

Moved by Stewart and seconded by Detrow to excuse Bob Valentine, Ward 2.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES

The regular session minutes from April 18, 2006 were not presented, as they were unfinished due to the absence of the Council Clerk.

COMMENTS OR QUESTIONS FROM THE AUDIENCE

LEGISLATION

Ord. 45-06
Item (a) AN ORDINANCE TO VACATE A CERTAIN ALLEY SITUATED IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.  (Eastern Avenue, Tabled 4/18/06)

Moved by Wertz and seconded by Valentine W1 to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
    
Moved by Wertz and seconded by Valentine W1 that the Ordinance be passed on the first reading.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Valentine W1 and seconded by Stewart that the Ordinance be passed.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

    Motion carried.


Item (b) FISCAL OFFICER’S CERTIFICATE: $1,150,000 NOTES

    Finance Director Anna Tomasek certified in connection with the proposed issue of $1,150,000 notes, to be issued in anticipation of the issuance of bonds for the purpose of paying costs of improving the Sanitary Sewerage System by constructing an equalization basin at the Wastewater Treatment Plant, that the estimated life or period of usefulness of the improvement is at least five years; the estimated maximum maturity of the bonds calculated in accordance with Section 133.20 of the Revised Code is 40 years; and the maximum maturity of the notes is 20 years.

Moved by Wertz and seconded by Detrow to approve the Fiscal Officer’s Certificate.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Ord. 46-06
Item (c) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,150,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF IMPROVING THE SANITARY SEWERAGE SYSTEM BY CONSTRUCTING AN EQUALIZATION BASIN AT THE WASTEWATER TREATMENT PLANT, TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTENANCES THERETO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Comments:
    Stewart asked if the note ordinances were new debt, and Tomasek explained that the $1,150,000 notes are new debt for the equalization basin project at the Wastewater Treatment Plant.  The second ordinance is a combination of old debt.
    Valentine W1 questioned as to the second note ordinance what was included and when it was initiated.  Tomasek explained that the oldest notes began in 1991, and the old debt covers several items such as the salt storage building; municipal building addition that includes handicap accessibility; fire department vehicles; park and recreation soccer fields; and the equalization basin project as well.
    Valentine W1 also questioned debt roll over and how long can it be done.  Both Mayor Strine and Tomasek responded that it could be 20 years roll until debt can be paid.  Tomasek added that $223,000 would be paid off on the old note.

Moved by Valentine W1 and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Valentine W1 that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

    Motion carried.

Item (d) FISCAL OFFICER’S CERTIFICATE: $5,462,000 NOTES.

    Finance Director Anna Tomasek certified in connection with the proposed issue of $5,462,000 notes, to be issued in anticipation of the issuance of bonds for the purpose of paying costs of (i) improving the Municipal Park and Recreation System by constructing and equipping soccer fields ($145,000), (i) acquiring and equipping two fire engines, a rescue truck and an emergency squad ($737,000), (iii) refunding the City’s Various Purpose Improvement Bonds, dated as of September 1, 1991 (the Refunded Bonds) ($80,000), and (iv) improving the Sanitary Sewer System by constructing an equalization basin at the Wastewater Treatment Plant, that the estimated life or period of usefulness of the improvement is at least five years; the estimated maximum maturity of the bonds calculated in accordance with Section 133.20 of the Revised Code is at least 10 years; and the maximum maturity of the portion of the Notes refunding the Refunded Bonds is December 1, 2007, and the maximum maturity of the remaining portion of the Notes is March 19, 2012, which is 15 years from the date of the original issue of Notes issued for those purposes.

Moved by Detrow and seconded by Wertz to approve the Fiscal Officer’s Certificate.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Ord. 47-06
Item (e) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $5,462,000 NOTES, IN ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF (I) IMPROVING THE MUNICIPAL PARK AND RECREATION SYSTEM BY CONSTRUCTING AND EQUIPPING SOCCER FIELDS, (II) ACQUIRING AND EQUIPPING TWO FIRE ENGINES, A RESCUE TRUCK AND AN EMERGENCY SQUAD, EACH TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTENANCES THERETO, (III) REFUNDING THE CITY’S VARIOUS PURPOSE IMPROVEMENT BONDS, DATED AS OF SEPTEMBER 1, 1991, WHICH WERE ISSUED TO PAY COSTS OF A SALT STORAGE BUILDING, RENOVATING AND EXPANDING THE MUNICIPAL BUILDING, IMPROVING THE MUNICIPAL WATERWORKS SYSTEM BY EXPANDING AND IMPROVING THE WATER TREATMENT PLAND AND IMPROVING THE WATER DISTRIBUTION SYSTEM, AND IMPROVING MUNICIPAL RECREATIONAL FACILITIES BY CONSTRUCTING, RENOVATING AND IMPROVING SWIMMING AND WADING POOLS AND RELATED FACILITIES IN THE CITY, AND (IV) IMPROVING THE SANITARY SEWER SYSTEM BY CONSTRUCTING AN EQUALIZATION BASIN AT THE WASTEWATER TREATMENT PLANT, TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTENANCES THERETO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Moved by Wertz and seconded by Detrow that the Ordinance be passed on the first reading.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Stewart that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Valentine W1 and seconded by Wertz that the Ordinance be passed.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

    Motion carried.

Ord. 48-06
Item (f) AN ORDINANCE AUTHORIZING AND DIRECTING THE FINANCE DIRECTOR OF THE CITY OF ASHLAND, OHIO, TO SUBMIT AN APPLICATION TO THE ASSOCIATION OF PUBLIC TREASURERS OF THE UNITED STATES AND CANADA FOR INVESTMENT POLICY CERTIFICATION; AND TO IMPLEMENT THE CITY OF ASHLAND, OHIO, INVESTMENT POLICY; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Moved by Valentine W1 and seconded by Wertz that the Ordinance be passed on the first reading.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

    Motion carried.

Ord. 49-06
Item (g) AN ORDINANCE ENACTING SECTION 505.15 OF THE CODIFIED ORDINANCES OF THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
      
Moved by Valentine W1 and seconded by Wertz that the Ordinance be passed on the first reading.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the Ordinance be passed.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

    Motion carried.

WARD REPORTS

OLD BUSINESS

NEW BUSINESS

(a) Request for liquor permit hearing: (Transfer)
From:  Harold R. Simmons Estate, Georgia L. Simmons, Administrator; dba Orchard Inn, 1700 Orange Road
To:  Georgia L. Simmons, dba Orchard Inn, 1700 Orange Road

Moved by Wertz and seconded by Detrow that no hearing be requested.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

(b) Request for sidewalk waivers: (Two requests)
1.  Lot Number 1857, Corner of Troy Road and Delafield Avenue; Petitioner, Calvin Keefer

Moved by Valentine W1 and seconded by Stewart that a one year maximum time extension be approved for this sidewalk waiver.  Sidewalks must be installed at the end of the year’s extension or as ordered in when the City Sidewalk Program reaches that area.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

2.  Lot Number 3506-A, Center Street; Petitioner, Calvin Keefer

Moved by Detrow and seconded by Wertz that a one year maximum time extension be approved for this sidewalk waiver.  Sidewalks must be installed at the end of the year’s extension or as ordered in when the City Sidewalk Program reaches that area.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

(c) Request for liquor permit hearing: (New)
    To:  Ashland Pizza, Inc., dba Pizza Hug, 1274 Claremont Avenue

Moved by Valentine W1 and seconded by Detrow that this request be tabled until Council has more information concerning the situation.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

(d) City Charter Section 229.07: Appointment of private citizen to Income Tax Review Board:
    Council members were made aware that City Charter Section 229.07 requires the appointment of a private citizen to the Income Tax Review Board.  Recommendations will be considered at the next meeting.  The Board’s main function is to decide and act on income tax appeals.  

(e) Introduction of Assistance Finance Director:
    Finance Director Anna Tomasek introduced the newly appointed Assistance Finance Director, Larry Paxton.  He began work with the City on May 1st.  

MAYOR’S COMMENTS

(a) Presentation:  Human Resources Department, Cherie Helterbridle, Director
    Mayor Strine explained that the Human Resources Department would begin the schedule of division directors’ reports to Council to keep Council aware of the happenings of the City.  Cherie Helterbridle, Director of Human Resources presented what she felt were the basic responsibilities of this department.  

(b) Request for executive session:
    Mayor Strine requested an executive session concerning salaries to be held after the close of the regular session.  

PUBLIC HEARINGS:

7:10 p.m.
(a) Request for change of zoning:  
“R-L” Residential District to “RL-3” Residential District for an area of Center Street; Petitioner, Mike Meyer

Moved by Detrow and seconded by Valentine W1 to close the regular session and move to public hearing.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

Proponents:  Mike Meyer and Mike Kelley
Opponents:  None

(b) Community Development Block Grant Program, Fiscal Year 2006; Hearing #1
    The requirements for CDBG funding requires two hearings, with this hearing being the first.  There will be a second public hearing in June, as required by grant guidelines.

Moved by Valentine W1 and seconded by Detrow to close the hearing and return to regular session.
Ayes:   Valentine W1, Detrow, Wertz, Stewart


ADJOURNMENT

As requested by Mayor Strine, Council went into executive session for discussion of salaries, and it was noted that neither decisions nor announcements would be made following the session.

Moved by Valentine W1 and seconded by Detrow to move to executive session for the purpose of discussion of salaries.
Ayes:   Valentine W1, Detrow, Wertz, Stewart
 
Council moved to executive session at 8:15 p.m. and returned to Council Chambers and to regular session at 8:45 p.m.

Moved by Wertz and seconded by Detrow to adjourn.
Ayes:   Valentine W1, Detrow, Wertz, Stewart

        Council adjourned the regular session at 8:47 p.m.



                                        Submitted by
                                        Elaine C. Hootman
                                        Clerk of Council