Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, November 6, 2007



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

ROLL CALL

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


Glen Stewart moved to excuse Mr. Robert L. Valentine Ward 1, seconded by Paul Wertz.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart
        
PLEDGE OF ALLEGIANCE


PRESENTATION OF MINUTES:   October 16, 2007 Regular Session.

No Corrections:

Moved by Bob Valentine 2, seconded by Ruth Detrow.
Ayes: Bob Valentine 2, Ruth Detrow, Paul Wertz, abstain, Glen Stewart.

COMMENTS OR QUESTIONS FROM THE AUDIENCE: (Items not appearing on the Agenda)
 None.


LEGISLATION:

     Ordinances:

     Ord. # 71-07
    Item:  (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER
         INTO A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE SANITA-
         TION DIVISION OF THE CITY OF ASHLAND, OHIO, OBVIATING FORMAL AD-
         VERTISING AND BIDDING; AND DECLARING AN EMERGENCY. 2ND READING


Moved by Ruth Detrow and seconded by Paul Wertz 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, to pass Ordinance on the second reading.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Moved to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz and seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow,  Paul Wertz, Glen Stewart

Move that the Ordinance by passed by Glen Stewart, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. #  72-07
Item   (b)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
                SAFETY, TO ENTER INTO A CONTRACT WITH MILTON TOWNSHIP, ASHLAND COUNTY,
                OHIO, FOR FIRE PROTECTION, RESCUE AND AMBULANCE EMERGENCY SERVICE
                AND NON-EMERGENCY AMBULANCE TRANSPORTATION; AND DECLARING AN EMER-
                GENCY. 2ND READING

Glen  Stewart:  Likewise, this was read on the first reading at our last meeting and I would entertain a motion to pass on the second reading.

Move to pass the Ordinance on the second reading by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert M. Valentine W2, 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move the Ordinance be passed by Ruth Detrow, seconded by Glen Stewart
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. #  73-07
Item  (c)  AN ORDINANCE RATIFYING AND APPROVING THE EXPENDITURE OF FUNDS FOR THE
               REHABILITATION OF WATER WELL NO. 9; AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Richard P. Wolfe II, Law Director:  This is something, if we had known that the cost was going to be as much as it ended up, it would have been something that would have been advertised for bids to start with.  But originally it was a small matter, something that didn’t require bidding; when we got into it, it became much more involved and much more urgent at that point and the cost grew to the point of what we have here now.  When it was brought to our attention, it was not the proper authority to make payment for this and that was correct and so what we need is this legislation to ratify the expenditure and I believe Mr. Cooper can give you some better details than what I have just done.  Just a quick overview.

Jim Cooper:  Basically, when this got started, Bruce had made an arrangement with Reynolds to go in and rehab this well to improve the efficiency of the well, the pumping capacity.  Once they got in there and working, they found out there was a broken shaft and that required a lot more work, the contractor was there, it needed to be fixed and things kind of snowballed a little bit to the point where it exceeded normal efforts that could be done without coming to Council.  So the work has been done, the well is back and functional but  we need the blessing.  

Questions or comments?  

Glen Stewart:  I would like to make a comment.  These things are going to happen, and although we don’t want them to happen, this got a well back on stream.  It didn’t turn out to satisfy all of the requirements for paying the bill, but the well is functional and I trust this Council will support this.  Thank you to whomever for getting it going again.  

Moved to pass the Ordinance on the first reading by Robert M. Valentine W2, seconded by Ruth 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:  Robert M. Valentine, W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Glen Stewart 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Ord. # 74-07
Item  (d)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS
               AND ENTER INTO A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE ASH-
               LAND MUNICIPAL COURT; AND DECLARING AN EMERGENCY.  (Audio and Video equip.)

Move for non-reading in full by Paul Wertz, seconded by Robert M. Valentine W2 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Richard P. Wolfe II, Law Director:  Audio and video equipment is needed for the court and because the estimate is $65,000.00 dollars I recommend to the Clerk of Court, Mr. Akers that we should advertise for bids and see who out there is able to bid on this particular kind of project.  We don’t know if there are a lot of potential bidders or not, but I told him we should at least go through that step first before going straight to an individual and this money comes from their “Special Projects” fund which is in large part derived, from Court costs.  A portion of the money from Court costs goes into this fund and is for purposes such as this and there is also some computer upgrades and they have a “Special Fund” for that as well.  The money is available for this.  

Anna Tomasek:  There will be an Ordinance coming next Council meeting to appropriate both of these Ordinances.  The money is available.  We will appropriate additional money at the next Council meeting, out of the same fund.

Questions or comments?  None.

Move the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.
Ord. # 75-07
Item  (e)   AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE
                BOARD OF COMMISSIONERS OF ASHLAND COUNTY FOR RECYCLING OF CERTAIN
                MATERIALS AT THE ASHLAND COUNTY RECYCLING CENTER.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Mayor Strine:  This is the same cost to us as has been in the last two years.  

Paul Wertz:  $2400.00 dollars, it is the same?

Mayor Strine:  Yes.  There is no increase in this.

Richard P. Wolfe II:  It is a renewal.  I think we have renewed it a couple of times.  The last contract was at least two years.  One of them was longer.  

Glen Stewart: The agreement includes numerous recyclable materials and it is a long list of probably 25 different items but they are recyclable items that can be recycled and the center handles these for us.

Questions or Comments?

 William Beck,  902 Elm Street, Ashland, Ohio in Ward 4.:  I just was wondering what kind of articles are being recycled?

Glen Stewart:  Aluminum cans, newspapers, glass, milk jugs, beverage containers, misc., aluminum, copper, stainless steel, radiators, iron, corrugated cardboard, catalytic converters, nonferrous items and computer print out paper.

Phil Rafeld:  You said catalytic converters; now is this something that you can put at the curb and recycling center will pick up or is this something just inside the city limits you take in?

Glen Stewart:  We have curb pick-up for recyclables within the city.

Phil Rafeld:  So these are items that can all be picked up at the curb?

Glen Stewart:  I don’t know if all of these items are picked up at the curb, Curt can you tell us?

Curt Young:  Electronic items as a rule need to be taken directly to the facility.  There are instructions on the website for the County that are pretty specific about different questions concerning paint, etc…

Glen Stewart:  These items that are listed in this agreement, are they picked up at the curb?

Curt Young:  The things on that list should be picked up at the curb.  If they are not, folks usually will call us.

Move to pass Ordinance on the first reading by Robert M. Valentine W2, seconded by Paul Wertz.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. #  76-07
Item  (f)   AN ORDINANCE AMENDING ORDINANCE NO. 98-06 RELATIVE TO THE SALARY FOR
               THE DIRECTOR OF WATER TREATMENT AND WASTE WATER FOR THE CITY OF ASH-
                LAND, OHIO; AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Mayor Strine:  As you are aware, we are in the process of replacing the Director of Water Treatment and Sewer Treatment, Bruce Wiser and we feel that due to the job description, we needed to have that salary bracket higher than it was.  It will depend upon the qualifications of the individual as to what we pay.  

Paul Wertz:  Has the job description changed any from the past to now?  

Mayor Strine:  Yes, I believe it has, I am not sure exactly what those changes are.

Cherie Helterbridle:  I would say the criteria as far as the licensing and the amount of education and experience has increased.  I see someone who is more experienced coming in.  Not more experienced potentially than Bruce, but you are going to get an experienced person who would be eligible for this kind of position.

Richard P. Wolfe II:  The job description is very comprehensive.

Questions or Comments?  None.

Move the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert M. Valentine W2,  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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. # 77-07
Item (b)   AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR BIDS
               AND ENTER INTO A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE ASH-
               LAND MUNICIPAL COURT; AND DECLARING AN EMERGENCY. (electronic data computer-
               ized scanning and storing devices).
Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Richard P. Wolfe II: This is the other Ordinance that I referred to earlier when I was talking about the court acquisitions.  The Clerk of Court, Eric Akers came to me and explained what they needed and I drafted this to go along with that and to accommodate that.  It comes out of the Municipal Court Computer fund and then indicated there are monies in the fund, but they need to be appropriated so that they can be extended.  They are continually working to upgrade and improve.  Monies are available for this purpose.  

Glen Stewart:  The requirements, and I can’t speak to this from a legal standpoint but the requirements for the retention of records and information and so on is required today, I would certainly think they would need a system that is reasonably up to date from a technology point.  

Richard P. Wolfe II:   I believe this is step 3 of a program that started about a year or two ago, so this has all been part of a gradual incremental improvement.

Questions or Comments?  None.

Move to pass Ordinance in the first reading by Robert M. Valentine W2, seconded by Ruth Detrow.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Ruth Detrow, seconded by Paul Wertz..
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. #  78-07
Item (h)   AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR DIRECTOR OF PUBLIC
               SERVICE, TO ENTER INTO A MODIFICATION OF THE CLEANING AND DISPOSAL OF
               LIME SOLIDS FROM THE WATER TREATMENT DIVISION PROJECT AUTHORIZED BY
               ORDINANCE NO. 18-07; AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Richard P. Wolfe II:  This will be a change order in following our procedures for changes orders.

Jim Cooper:  The price, we have appropriated $100,000.00 dollars for this and we are in a situation where we want to get as much of the dry tonnage of the sludge removed and we will do the same next year until we get ourselves in a good position as far as capacity goes.  Anticipating the contract, we will finish in another week or two weeks depending on the water.  They are halfway done with the contract. We would like to use the remainder of the $100,000.00 dollars so that we can get another 1,000 dry tonnage removed.  So this is just so that we don’t skip a beat and that Council gives it the approval before we get to the 3,000 dry tonnage.  

Glen Stewart:  And the money is obviously available?

Jim Cooper:  Yes sir.  

Glen Stewart:  What state will that put us in?  Is it 50% of its capacity?   What is our goal there Jim?

Jim Cooper: Our goal next year will be so we will have about 50% capacity.  We have squeezed down to about 10-15% now.  It will increase.  We are playing catch up.  

Mayor Strine: We definitely need to get this done.  

Ruth Detrow:  Do I understand correctly Jim, we were able to do this much less costly, so we are doing extra to take advantage of that?  

Jim Cooper:  To take advantage of that, and reach our appropriated $100,000.00 dollars. That is advantageous for us to have the contractor continue with the $100,000.00 dollar limit.

Ruth Detrow:  So we are getting more for our money this year?

Jim Cooper:  Well we got a good price and the contractor is doing a fine job.  It is a good situation.

Questions or comments?  None.

Move to pass Ordinance in the first reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. # 79-07
Item  (i)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
              SERVICE TO ENTER INTO A MODIFICATION OF THE 2007 STREET RESURFACING PRO-
              JECT-SARVER PAVING COMPANY CONTRACT AUTHORIZED BY ORDINANCE NO. 30-07;
              AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Jim Cooper:  This is a modification exceeding $1000.00 for our street paving program.  When we get a job like this, each street is not going to be exactly what you figured; it will be a plus, a little minus, back and forth and we also added some additional sealant for Sandusky Street to help the situation there, crack sealing, where we take all the streets and figure out what if computed it might take vs the tonnage used.  Occasionally it will be less.  

Questions or comments?

Move to pass Ordinance in the first reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Paul Wertz, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. #  80-07
Item  (j)   AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CON-
               TRACT FOR THE PURCHASE OF EQUIPMENT FOR THE POLICE DIVISION OF THE CITY
                OF ASHLAND, OHIO; OBVIATING FORMAL ADVERTISING AND BIDDING; AND DECLAR-
                ING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth 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: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Chief Bill Miracle:  This Ordinance is for the purpose of two Chevy Tahoe 4-W Drive Police vehicles to replace two Ford Explorers that we have had on the line; one is a 2001 and one is a 2002.  One is pushing 170,000 miles on it and the other one is in excess of 150,000 miles.  Supervisors drive these vehicles 24 hours/day.  They allow us to carry needed equipment that we don’t have in some of the regular cruisers. In addition, they certainly help us in the winter months.  We can get around a lot easier when the snow is deep, so these vehicles are replacing these.  They have been good units for us and we think these will be in the future.  We waited until now to receive the 2007/2008 state bid.  We received that the first part of October.  I talked to Bill Harris locally and he has agreed to meet or exceed the State Bid price and it has allowed us to purchase these vehicles locally and in addition he has also agreed to, since we couldn’t order two-toned color on the vehicles, he has agreed to paint the two-toned on the vehicles like our present cruisers at no additional cost, so it is a win-win situation for us so we can spend money locally and get some additional value for the money spent.

Questions or comments?  

William E. Beck:  Why doesn’t the Police Dept. have more of these 4-wheel drive vehicles since we have the bad weather?  You know, global warming.  They are a lot easier to get around in than the cars.

Glen Stewart:  Well I guess I would ask Chief Miracle, are you satisfied with what you have?

Chief Bill Miracle:  Well, yes.  I think while we certainly can use the 4-wheel drives that we have, obviously it costs more per unit, about $8,000.00 dollars more a unit than the Crown Vic’s.  So to fill a fleet out with those would be expensive.  And quite frankly, the capacity of these is large and we are able to carry extra equipment as needed.  We don’t need that extra capacity for all of those vehicles.  So the Crown Vic’s, cruisers that we have fit our needs and we have determined that basically these two units will serve the needs that we have.

William Beck:  These two 4-wheel drives, are they sufficient enough for the capita of Ashland?  

Chief Miracle:  Yes, sure.  The times our rear wheel drive vehicles cannot get around, very few times during the course of the year, we can double up in these 4-wheel drives and get around and get where you need to be but those times quite frankly are few and far between that we can’t go out with regular cruisers. The ones we are taking off line, we will probably keep them in the fleet for a short period of time.  So we will have those as a back up if we need them.  Actually, they are getting to the point where they cannot last too much longer.  Just to use as back ups.  Overall we are in pretty good shape.  

Phil Rafeld:  I just want to say, Thank you for keeping the business in Ashland, by calling Bill Harris and getting them to comp the price.  Do business in Ashland is good for Ashland.  Thanks for going that extra step.  It is appreciated.

Move to pass Ordinance in the first reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth 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:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Robert M. Valentine W2, seconded by Glen Stewart.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Glen Stewart:   We have two Resolutions this evening, both of which received a first reading at our last regular meeting, so we will be proceeding with the second and third reading on these two Resolutions this evening.


Res. #  17-07
Item  (a)  A RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE
    BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND
    CERTIFYING THEM TO THE COUNTY AUDITOR.  2ND READING

Anna Tomasek:  This is the Resolution that sets the 2008 budget for the Revenue.  It is required by law for the 2008 appropriations.

Questions or comments?  None.

Move the Resolution be passed on the second reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth Detrow, to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution  has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Resolution be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Res. #  18-07
Item (b) A RESOLUTION AUTHORIZING, PURSUANT TO CODIFIED ORDINANCE SECTION 521.07 (b), THE USE OF BARBED WIRE WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.  2ND READING

Glen Stewart:  Again this is a second reading, we have had the property owner here twice.

Ruth Detrow:  Just a comment.  It is nice that now he will be able to have legal barbed wire that he has had for a while.

Robert M. Valentine W2:  When he was here the last time, he said it was already out right?  So he will be able to put it back in?

Glen Stewart:  There was some out and some in.  It is on a pivoting arm which allows him to comply with the Resolution.  

Robert M. Valentine W2:  We want to make sure it is all tilted in.  

Move the Resolution be passed on the second reading by Ruth Detrow, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth Detrow, to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Resolution be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Advertising on Private Property Permit Application Request::  75 Amberwood Parkway, Ashland, Ohio  44805  Door Hanger.   Contact person Carla Gilmore 419-281-0590

Carla Gilmore:  I did drop off the Door Hanger that will be hung.  We had stated it would be on a weekly basis, I take that back, it is going to be every 2-3 weeks, or maybe once a month, not on a weekly basis.

Glen Stewart: So it will be less than anticipated frequency?

Carla Gilmore:    Exactly.  We get out new information monthly, so it would be on a monthly basis. When we say another cash advance place, a lot of people are frowning on the cash advances.  Payday loan type companies.  Something that I know I wouldn’t have ever gotten into myself except when I hooked up with this company which is Cash Advantage, they are inside the Rent-a-Centers.  Not their own. They are inside the stores.  We are firm that we do not give out massive amount of loans that people cannot pay back.  We are into the 25% of the net income monthly.  We do not over exceed anybody at anytime, any shape or form.  We have these all set out.  I can give these pamphlets to you to read. We want people to be well aware of the fact that we are not going to overdo anybody.  I am a firm believer in this company.

Questions or comments?   None.

Move to accept the Permit Application request for advertising by Paul Wertz, seconded by Glen Stewart.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Glen Stewart:  You can pick that permit up in the Mayor’s office tomorrow afternoon.

WARD REPORTS:

Ward 2:     Robert M. Valentine
    
(a)    I know Mr. Mack isn’t here tonight but I called him and that was after he broke his wrist and I had talked to his secretary and on the North side of Baney by Smith Road, there was an old black and white City limits sign that was all bent over and looked nasty.  It wasn’t five days after I called him that he had replaced it.  So I wanted to thank him.
Ward 3:    Ruth Detrow

    None.

Ward 4    Paul Wertz

(a)    I talked to the Chief about something, so he will take care of.


Councilman at Large:      Glen Stewart

None.

Old Business:   None.


Investment Update with Anna Tomasek- Finance

This is the finance update just on the investments.  For the City of Ashland, the investment objectives are three things:  1) first and foremost is safety; 2) second is liquidity; and 3) third is yield.

The City of Ashland adopted a new investment policy April 30, 2007 which was a more comprehensive investment of policy and it will allow us to invest in more options and one of those options was investing in CD’s at a local bank, more than one year.   From that policy, August 2007, the City of Ashland was awarded a certificate of excellence from the National Association of Public Treasurers of the United States and Canada.  Very few cities get this award and the City of Ashland has now received three awards from the association of Public Treasurers.   1) Disaster Preparedness Award of Excellence, 2) Cash Handling Award of Excellence and;  3) Investment Policy Award of Excellence.  This will give you a break down on what the current market is for Ashland.  The blue line was basically end of year 2006.  U.S two-year Treasury. The red line shows the halfway point this year in 2007 and where the interests rates for Ohio and the U.S. Treasury.  The green line is where we currently are.  We are in a declining interest rate market currently.  For the year 2006, it was an increasing interest rate market.  The Federal Reserve has cut our rates twice so far.  That is the current market situation as we stand right now.

Glen Stewart:  The blue line is what?  The Red line?  The Green line?

Anna Tomasek:  The blue line is December of 2006.  The red line is June of 2007.  The green line is currently where we are at now.  These are the interest rates.  Current market interest rates that we have the opportunity to invest with either Star Ohio or Treasury.  So currently the market is in declining interest free market. From my source going on Bloomberg. Com, doing regression analysis and looking up our economy.  There is the current unemployment rate for Ohio from 2005 through this year.  Based upon the consumer price index, it excludes food and energy because those are outlier factors.  That was not included in the price consumer index.  Basically, overall, 2005 and 2006 gross domestic product was 3.2% and 3.3% in 2006 with the current forecast at the end of 2007 projecting a 2%.  So Gross Domestic Product (GDP) has dropped.  So it shows how our current economy is doing.  Now I am going to get into some history.  I started back in 2005, prior to the change of the investment policy.  This is actual interest earned for all the city money that we invest in, this is the actual earnings as of October 31, 2005.  The majority of the money that was invested in 2005 at this time was the Federal agencies and Star Ohio.  We had some in our current local market through a sweep account.  That is the history for 2005.  2006, was when we changed the investment policy and the interest earned for 2006, we have now a more diversified portfolio with agencies, money markets, cd’s, Star Ohio, repo’s.  So there is the percentage of the breakdowns of 2006.  And this is where we currently stand as of October 2007 for all of our actual interest earned.  Cd’s are now at 39%, federal agencies are at 22%, repo is at 10% and money markets now at 13%.

Ruth Detrow:  Anna what is Repo’s sweep account?  

Anna Tomasek:  They are an overnight deposit at our bank per our depository agreement. Basically we have always had a repo, when we changed banks we had one with First Merit and we still have a current repo sweep account with Huntington National Bank.    Basically that is our current bank account balance and Sweep is called a repurchase agreement and the money is sweeped back into our account where we earn interest.  It follows all of the guidelines of ORC Chapter 1305 of the investment.  

Ruth Detrow:  I am a realtor and the word Repo is a giant Red flag when I see it anywhere.  

Anna Tomasek:  I understand that, but investments, it is a tool to use where money is earned overnight.  A short-term investment.  Our overall performance.  How is the City of Ashland performing.  We use a benchmark.  The benchmarks that we compare our portfolio to would be Star Ohio in a two-year treasury note.  And on average our portfolio size is approximately anywhere from eight to eleven million.   It is pretty consistent at 10 million.

Glen Stewart:  So you would say Anna that 2005, 2006 and 2007, we could use a 10 million dollar number so that the interest earned is shown on a constant investment balance, not a variable?

Anna Tomasek:  That is correct.  I mean it does fluctuate, but on an average, our portfolio size is 10 million.  And this compares apples to apples; this is October 31 for all three years 2005, 2006 and 2007.  Our total interest earned for those three years in October 2005 is more than 10,700.00 dollars.  And we are currently at 2007,  442,053.00 dollars.  What has changed over these three years is we now have gone further out in the curve especially with the declining rate, market you want to be obviously safety and liquidity first, but you want to get your investments out as far as possible in the curve.

Glen Stewart:  What would today’s yield be Anna?

Anna Tomasek:  4.15 is current market rate.  And when you compare Ashland to the actual US Treasury note and Star Ohio, we are performing in 2005.  We performed on the average at 3.39% vs the Treasury 2.69%.  In 2006 it was increasing market.  We were averaging 5.41.  The market was performing at 5.11 and the rates now have gone down and the current market now is 4.15 and our portfolio is performing at now 5.20 on average.  

Glen Stewart: Anna, let me ask you, the bottom line the Mint and US Treasury, is that 3.96 an average for the year.  

Anna Tomasek:  No that is the actual two-year Treasury note yield at October 31, 2005.  October 31, 2006.  That is the actual interest rate at this point in time.  And what I did was I took our average as that point for our portfolio.  And that is the end of the presentation.

Questions or comments?

John Chorpening;  What is Star Ohio?  

Anna Tomasek:  Star Ohio is a tool that is used for all local governments.  It is Ohio Department Treasury.  Fiscally cities can take money, it is like a pool resource, where the state will go ahead and buy certain investments and we earn certain interest rates based upon that.  It is a very liquid and very safe investment tool for the City of Ashland to use.

Glen Stewart:   I don’t know how we are going to get this to Mr. Valentine W1 who actually requested it.  He may request a private audience for this.  

Anna Tomasek:  That is fine.  I can make a print out of it.

Glen Stewart:  We have one item we are going to ask Richard P. Wolfe II, Law Director to present to us.

Richard P. Wolfe II – Law Director:  It is a sidewalk waiver request. It is a little unusual in that the property is not yet in the City.  This Council has previously had some discussion about not requiring sidewalks along the industrial areas, or areas such as the Industrial Park.  We have a potential petition for annexation at Bookmasters.  Mr. Wurster, Dave Wurster is the Chief Operating Officer and one of the things we discussed with the Mayor was whether they be required to put in a sidewalk and I think it is consistent with what this position Council has taken in the past that they would not and he requested whether it be appropriate to have a waiver even though they are not in the City, so I have prepared a waiver for that using our waiver form and Mr. Cooper has looked at it and has recommended its approval.  Let me just read to you what we proposed.

      “ Sidewalk Waiver”, whereas this Council has received a request for the waiver for sidewalk installation for an area not presently within the corporate limits of the City of Ashland but within an area proposed for annexation and whereas in consideration of the use of said area and the surrounding area, this Council deems it appropriate to grant sidewalk installation waiver, now therefore it is hereby determined this 6th day of November 2007 that the Council City of Ashland, the majority of members there to concurring which is the requirement of the Ordinance, a Waiver of Sidewalk installation is hereby granted to Bookmasters, Incorporated for the installation of Sidewalk upon certain properties described in Exhibit A, which is a map of their property attached hereto in the event said property becomes annexed in the City of Ashland Ohio upon the following conditions.  And of course, if for any reason they don’t become annexed, the waiver has no effect.   Upon Annexation, these are the following conditions.  No sidewalks shall be required upon the property described in Exhibit A until such time as there is further development of the area adjacent to said property to the North and only then if such development is residential and/or retail commercial.  And if so, not until such time the sidewalk installation upon the above described property is requested by the City.  Then following Council’s past position on this, it may not be required.  But he is requesting some assurance of that before he proceeds with the annexation petition.  And every property is unique and every circumstance is different, so this is being considered and they are asking you to consider on its own individual merits.  

Glen Stewart:  What would be appropriate?

Richard Wolfe II:   A motion to grant the waiver.

Questions or comments?

Move to approve and grant the Waver for sidewalk installation for Bookmasters by Paul Wertz, seconded by Robert M. Valentine W2.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart:  This evening, we have an individual with us that has been with us for some length of time and I think this will be the last reporting job on City Council.  I would like to acknowledge that this reporter, Darcie Loreno has been in my opinion, very fair with her reporting of this Council business and we appreciate that and we wish you good luck in your new job.  

Darcie Loreno:  Thank you and thank you for answering all of my calls.  

MAYORS COMMENTS:    No comments.


Motion to adjourn the meeting by Glen Stewart, moved by Robert M. Valentine W2, seconded by Paul Wertz.
Ayes:  Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Meeting was adjourned at 8:00 pm by Glen Stewart, Councilman at Large.


                            


                                Submitted by
                                Valarie Bishoff    
                                Clerk of Council