Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, December 4, 2007
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 Present
Ward 3: Ruth Detrow
Present
Ward 4: Paul Wertz
Present
At-large: Glen Stewart
Present
PLEDGE OF ALLEGIANCE
PRESENTATION OF MINUTES
(a) 11/20/07 Regular Session
Additions or Corrections?
Richard P. Wolfe II- Director of Law: It is not a
correction of the minutes, because the minutes are correct, but the
hearing date should be for the annexation on January 7, 2008, not
January 8, 2007 as stated. On page 8 of the Minutes.
Move to accept the correction of the Minutes from 11-20-07 by Paul
Wertz, seconded by Glen Stewart.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart
Glen Stewart: We have an Eagle Scout here, Ross Reed here this
evening, is that accurate?
Ross Reed: No that is not accurate, I am working towards my Eagle
Scout.
Glen Stewart: And that is just as admirable from my viewpoint, I
appreciate that. Is there anything you would like to share with
us? What do you hope to derive from our meeting this evening?
Ross Reed: I would like learning about the Communications
system used in City Council.
Glen Stewart: There will be opportunities to ask or to make
comments as we move through the legislation. If there is
something you do not understand, and we are in that discussion period,
if you raise your hand, we will recognize you and we would like for you
to ask a question for clarification. Does that sound reasonable?
We want to make this as meaningful for you in your quest for this Eagle
badge.
Ross Reed: Thank you.
Glen Stewart: You’re welcome. Please enjoy the
meeting.
COMMENTS OR QUESTIONS FROM
THE AUDIENCE: (Items not appearing on the Agenda)
None.
Legislation:
Ord. No.
Item No. (a) AN ORDINANCE TO APPROPRIATE
THE FOLLOWING HEREINAFTER
NAMED SUM OF MONEY IN 2007 AND DECLARING THIS TO BE AN
EMERGENCY MEASURE NECESSARY TO MEET THE IMMEDIATE FINAN-
CIAL NEEDS OF THE CITY OF ASHLAND, OHIO. 2ND READING
Comments:
Mayor Strine: I would like to pass on some information that
I put together here for this and I would ask Council to seriously
consider passing this legislation. I think some of the issues
that weren’t answered at the last meeting; I believe I have those
answers. And I did talk to Anna today about this and she may have
some comments also. The bottom line on this is that if we do not
pay off the ODOD Loan and keep the $219,000.00 to invest to make
interest, we would make approximately over three years $26,600.00
dollars. The State of Ohio made this 0% interest loan to the City
of Ashland to enable us to purchase land for the economic
development. The State money was intended to be a type of
revolving loan; that is pay it back so ODOD could loan the money to
other communities to enhance economic development, therefore creating
jobs. This money was not loaned to us for the purpose of earning
interest. The State of Ohio could do that if they wanted
to. I think we have a moral commitment and our integrity is at
stake. Now, that is just my feeling on it and I don’t know
if Anna has any comments or what Council wants to do. I feel I
have fulfilled my commitment to tell you that.
Glen Stewart: Anna, do you have any comments?
Anna Tomasek: I basically made the statement that a 0%
interest loan is in my opinion not the best decision for the City of
Ashland. We have other 0% interest loans, Issue 2. The
balance is $210,817.97 that is not required to be paid at this
time. After the 5th year of the loan, it becomes a 3% interest
loan. The State of Ohio has been very generous to the City of
Ashland for economic development purposes and in the loan agreement, we
are not required to pay back the loan unless we actually sell the
parcel and half of the proceeds for that parcel, half be sent to the
State of Ohio and at this point in time, that would be $168,682.03 is
what the City of Ashland is legally required to pay the State.
And another piece of information the City Council needs to be aware of
is how this would affect our Capital Improvement Fund balance at the
end of the year. We are currently obligated to pay the City share
for the Ford Road extension which is $ 112,750.00 dollars which is on
the legislation tonight. If we pay back the whole entire loan of
$379,500.00 dollars that will take the carryover balance of 405 which
is the Capital Improvement fund down to $336,000.00 dollars.
Thank you.
Paul Wertz: But we are obligated to pay $168,000.00 this year?
Anna Tomasek: That is correct. And we do have to
appropriate that amount of money this year.
Mayor Strine: I would just like to add to that the fund 405, I
believe that Anna is giving you the correct figures, but part of the
picture, the beginning of the year in fund 405 was $620,000.00.
At the end of October, we had $965,000.00 dollars. She has
corrected some of that money as committed, but she doesn’t have
in this that picture, the fact that all of the income it will make from
that next year. So I don’t believe that it is not that we
don’t have the money.
Comments or questions?
Robert L. Valentine W1: One question that I have. What
about the Fire Department, do they have any debts?
Anna Tomasek: In the City of Ashland, basically our total amount
of debt that we have is over $21,000.000.00 (21 million) dollars in
debt. Most of it is variable debt. We do have a Bond that
we took out in 2003, where we took a lot of our Notes and rolled it
into a Bond. But overall, the City’s debt obligation is
over $21,000.000.00 (21 million) and is at variable interest rates of
at least 4 ½ % or higher.
Robert L. Valentine W1: So this money could be used for that, is
that what you are saying? Can it be used for certain things and
what for instance?
Anna Tomasek: We can use the amount of money that we are not
obligated to pay back the State for anything that Council
chooses. It can be paid for debt; it can be used for Capital
projects, whatever Council chooses.
Glen Stewart: Are we on a scheduled debt repayment process for
the $21,000.000.00 dollars that we are in debt?
Anna Tomasek: Yes, there is a plan that is part of the tax
budget and appropriation document every year. It is in your debt
tab.
Glen Stewart: What is our Bond rating? Is that being ill
affected by the $21,000.000.00 dollar debt?
Anna Tomasek: Our Bond rating is affected by our carryover
balances as well as ability to borrow. There are a lot of
different factors that come into the analysis for Bond rating.
Mayor Strine: That’s correct and we have had Bond ratings
as long as I have been around here of A1.
Anna Tomasek: Yes and that is our current Bond rating. Our
Bond rating was reviewed last year and we have retained that Bond
rating.
Mayor Strine: A lot of that debt is long-term Water and
Sewer. I would say most of it.
Ruth Detrow: I feel, number one that this Council approved
the plan to borrow money from the State. We approved it under the
conditions that it would be paid back as soon as possible. I
wasn’t there when the Mayor gave them his word but I certainly
believe what he says, that he did give them his word that we would pay
it off as soon as possible. I feel that it is as important
to our reputation as a community that is as good as their word. I
feel that it is important enough that we should do exactly what this
Ordinance says.
Glen Stewart: Do all of you feel you have the information you
want to make a decision with?
Robert L. Valentine: I make a motion that we table it.
Motion to move that we Table the Ordinance by Robert L. Valentine W1,
seconded by Robert M. Valentine W2.
Mayor Strine: Is it proper to ask questions why? What information
is it you don’t have?
Robert L. Valentine W1: Well for instance, I asked if we, we
haven’t had any figures, I don’t know if we do have debts
that we can pay off of 4.5 to 5%, then wouldn’t we save more than
$26,000.00 dollars in interest? Is that true or not?
Mayor Strine: No. I don’t understand, Bob what
further questions you have that haven’t been answered and if you
oppose it, that is fine. I would just like to see Council vote on
it, that’s all.
Robert L. Valentine W1: Well I made a motion and it was seconded.
Glen Stewart: Any comments on the Motion to Table the
Ordinance?
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Paul Wertz,
Glen Stewart
Nay: Ruth Detrow
Glen Stewart: It will be tabled and can be brought back to this
Council at our next Regular Meeting.
Mayor Strine: Can I ask what further information you would
like to have to make this decision?
Robert L. Valentine W1: Well I will be calling both of you myself.
Mayor Strine: Bob, you must have a reason, if there is some
information you want, but you voted no.
Robert L. Valentine W1: Basically, the idea is if you have an
investment or you have to pay money you don’t have to pay
interest on, I think the money could be used elsewhere. To me
that makes sense.
Mayor Strine: Well then if the Ordinance had been
presented, you would have voted no right? That’s all I asked was
that you consider the Ordinance tonight.
Robert L. Valentine W1: Well the point is that you still have a
chance.
Mayor Strine: But I don’t know what questions you want
answered.
Glen Stewart: I would suggest that rather than looking at
aggregate $21,000.000.00 dollar in debt and we probably all have the
spreadsheets, maybe it would be appropriate to lay out that structure
for Council to look at in a way that a non-financial person like myself
would understand. This is planned debt, this is the cost of it,
this is our capital improvement fund, and this is where it is
invested. I don’t know exactly how to ask you to do that
for this Council but in some manner that we could see in black and
white and go from there.
Anna Tomasek: I would be happy to. No problem.
Glen Stewart: Is that satisfactory with Council?
Ruth Detrow: Yes.
Ord. No. 84-07
Item No. (b) AN ORDINANCE AMENDING ORDINANCE # 79-07
OF THE CITY OF ASH-
LAND, OHIO, RELATIVE TO THE 2007 STREET RESURFACING PROGRAM;
AND DECLARING AN EMERGENCY.
Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Paul Wertz,
Glen Stewart
Comments:
Jim Cooper: This is basically a final change order to clean
up the details of the 2007 Resurfacing program. This basically
goes through and adds and subtracts the quantities and related prices
of asphalt put on different roads plus the additional work we did for
crack sealing. This will finish this job if Council will approve
this.
Glen Stewart: That wraps it up for this year is that correct Jim?
Jim Cooper: Yes sir.
Questions or comments? None
Move to pass the Ordinance of the 1st reading by Robert M. Valentine
W2, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, 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.
Ayes: Robert L. Valentine W1, 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 L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Ord. No. 85-07
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR,
DIRECTOR OF PUBLIC
SERVICE, TO RE-ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE
WATER TREATMENT PLANT IMPROVEMENTS SOFTENER UNIT NO. 1 REPLACEMENT
IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.
Move for non-reading in full by Paul Wertz, seconded by Robert L.
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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Jim Cooper: This is a request for additional money for the
Water treatment plant Water Softener. It is a considerable amount
of money and part of it is I think we underestimated what the actual
bids would have been but above and beyond that things occurred at the
plant that changed the scope of this work some. When one of the
watering pumps went out down there, we floated the one tank and cracked
the wells and created a problem with the concrete bottom of this tank,
so that has to do with part of the increase in price also. We are
requesting and we did bid this job out, we got high bids on it.
We did not accept any of those and we going back to see if we can get
this down for the second time.
Glen Stewart: Jim what was your original estimate on this?
Jim Cooper: It was $500,000.00 dollars.
Glen Stewart: A pump went out and you floated the tank?
Jim Cooper: Yes Sir. For years we have been pumping water
because of the water table will float that tank and create major
problems. So when that went out, we had a major problem.
Glen Stewart: This isn’t directly relative to this but what
have we done for back up if we float it again?
Jim Cooper: We have just installed a brand new pump.
Glen Stewart: Is it still a single pump?
Jim Cooper: Yes sir, at this time it is.
Robert L. Valentine W1: What Issue 2 year is this?
Jim Cooper: The year before last. 2007 is the Booster
station; this is 2006.
Robert L. Valentine W1: Is that the total amount? That
wasn’t the total amount of money received in that Issue 2 time,
was it?
Jim Cooper: We received the $400,000.00.
Comments or questions:
Move to pass the Ordinance on the first reading by Robert L. Valentine
W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Glen Stewart: At this point in time, I want to go back to Ross
Reed. Ross, you heard us move through the first three Ordinances;
one was tabled and two have been passed. Do you have any
questions on what is happening?
Ross Reed: Yes. Each one of these is a Bill itself, but are
you saying you are passing only a couple actions of the Bill?
Glen Stewart: I am not sure I fully I understand your question,
but an Ordinance is brought to us, to Council; we received all of these
Ordinances delivered to our home last Friday and it gave us Friday and
the weekend and yesterday and today to ask any questions that we chose
or felt we needed to ask. Some of the Ordinances were received in
a pre—agenda the week before. In other words, it came a
week ago Friday. Our final agenda comes out Friday
afternoon. What we are doing here; it takes three meetings to
pass an Ordinance and we do not read the Ordinance in its entirety
because we have all read the Ordinances and know what are in
them. So we are only reading, what I would call the heading or
the Title of the Ordinance and our Law Director might correct me in the
wording; pre-amble. Yes. We open the motion, we discuss it and we
pass it on the first reading, then if we choose to, we can move to
suspend the rules and have a second and third reading tonight. So
it is all done in one evening. We do not have to do that and it
takes ¾ of this body to agree to suspend the rules. So in
other words, it would take four of the five of us to agree to suspend
the rules. And generally that is the way we have passed a lot of
Ordinances. Did that answer your question?
Ross Reed: Yes Sir.
Glen Stewart: And we will stop again a little later and if there
are any other questions that come up. I have a son who is an
Eagle Scout and I admire that aspiration. Our Law Director is an
Eagle Scout; sometimes it embarrasses him a little bit, but it is
nothing to be embarrassed about. But keep it up, don’t
quit.
Ord. No. 86-07
Item (d) AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
ASHLAND, OHIO TO EN-
TER INTO A CONTRACT WITH FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL,
INC. (PATROLMEN); AND DECLARING AN EMERGENCY.
Move for non-reading in full by Paul Wertz, seconded by Robert L.
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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Mayor Strine: This is basically a contract with a new union that
the Police have chosen and it covers all of 2007, retro pay back to the
beginning of 2007. It is a three-year contract 2007 thru 2009 at
3.25 increase. Which basically is in line with the other
Ordinances and contracts.
Questions or Comments? None
Motion to pass the Ordinance on the first reading by Robert M.
Valentine W2, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Move to suspend the rules, 3 separate readings, 3 separate nights by
Paul Wertz, seconded by Ruth Detrow 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 L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Move the Ordinance be passed by Ruth Detrow, seconded by Robert L.
Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Glen Stewart: Ross, that means that we have passed 86 Ordinances
so far this year plus the Resolutions which you will hear about
Resolutions in a little while.
Ord. No. 87-07
Item (e) AN ORDINANCE PROVIDNG FOR TEMPORARY
APPROPRIATIONS FOR THE CITY OF
ASHLAND, OHIO, TO MEET THE ORDINARY EXPENSES OF SAID CITY, UNDER THE
AUTHORITY OF OHIO REVISED CODE SECTION 5705.38; AND DECLARING AN EMER-
GENCY.
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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart
Anna Tomasek: This is an Ordinance to allow the City of Ashland
to have temporary appropriations to have a temporary budget until 2008
budget is passed before April 1.
Mayor Strine: I guess I just wanted to Clarify.
Glen Stewart: So that I understand it and Council understands,
but; this allows us to pay the light bill and the gas bill, payroll
until March? The first of April we must have an appropriation
request passed and it becomes a budget for the year 2008. So this
allows us to continue business as usual with a significant restriction
on non-emergency purchases; is that accurate Mayor?
Mayor Strine: Almost.
Glen Stewart: The essence is; if you don’t need a new box
of band-aids today because you still have half a dozen, wait. I
am being facetious, but I am trying to get a point across.
If you don’t absolutely need it, you should probably hold off.
Anna Tomasek: It is for ordinary expenses to meet the
needs of the city until the new budget is passed.
Comments or questions? None
Move the Ordinance be passed on the first reading by Ruth Detrow,
seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart
Move to suspend the rules 3 separate meetings, 3 separate nights by
Paul Wert, 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: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Move the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Ord. No. 88-07
Item (f) AN ORDINANCE AMENDING ORDINANCE NOS. 74-07 AND
77-07, RELATIVE TO THE
FUNDS FROM WHICH MONIES SHALL BE PAID FOR THE PURCHASE OF EQUIPMENT
FOR THE ASHLAND MUNICIPAL COURT; 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: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Comments:
Mayor Strine: It is my understanding that they were just wrong
numbers, wrong account numbers and they needed corrected.
Robert L. Valentine W1: In section 2, the cost says, estimated
not to exceed 65 and then it says section 2 that the cost is; these are
2 separate?
Richard P. Wolfe II: Section 1is from Ordinance 74-07 and the next one
is from Ordinance 77-07.
Robert L. Valentine W1: Okay, thank you.
Glen Stewart: So there has been a correction in the line items in
which the money will be appropriated.
Questions or comments? None
Move the Ordinance be passed on the first reading by Robert M.
Valentine W2, seconded by Robert L. Valentine W1
Ayes: Ayes: Robert L. Valentine W1, 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.
Ayes: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Move the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Ord. No. 89-07
Item (g) AN ORDINANCE TO APPROPRIATE THE FOLLOWING
HEREINAFTER NAMED SUM OF
MONEY IN 2007 AND DECLARING THIS TO BE AN EMERGENCY MEASURE NECESSARY
TO MEET THE IMMEDIATE FINANCIAL NEEDS OF THE CITY OF ASHLAND, OHIO.
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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Comments:
Anna Tomasek: This is an Ordinance to appropriate money for the
expenditures of the city’s share of Mifflin Avenue Booster
Station at $168,725.00 dollars and also for two Municipal Court items;
one project is for $65,000.00 and the other is for Computer expense at
$60,000.00.
Comments or questions?
Mayor Strine: The two expenses for the Municipal Court are
specifically Municipal Court funds.
Move the Ordinance be passed on the first reading by Paul Wertz,
seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move to suspend the rules, 3 separate meetings, 3 separate nights 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Resolutions:
Res. No. 20-07
Item (a) A RESOLUTION PERTAINING TO THE FIRST MEETING OF
COUNCIL IN 2008.
Move for non-reading in full by Paul Wertz, seconded by Robert M.
Valentine W2.
Ayes: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Comments:
Glen Stewart: This Resolution was prepared to our Charter of the
City directs without any flexibilities as I understand it this Council
meet the first Tuesday of every year. Well the first Tuesday this
year is New Years day. And I suppose we could probably meet
but I don’t know if that would be appropriate. So we have
asked and the Law Director suggested that he draft a Resolution which
we will have our first meeting in 2008 and it will be on Wednesday
January 2, 2008 which is a Wednesday and it will be at the regular time
7:00 pm in Council Chambers Conference Room but as it isn’t the
first Tuesday, now it will become a Special Meeting of which we will
have to have our Agenda put together and announced and whatever is on
that announced agenda is the only thing we will be able to discuss and
act on. Is that correct Mr. Wolfe?
Richard P. Wolfe II, Director of Law: That is correct.
Glen Stewart: So the first actual meeting in January will not
have a lot of actions to discuss. So that is what this Ordinance
is all about. Note on your calendar, do not come in here on New
Years Day evening because we will not be here.
Move the Resolution be passed on the first reading by Robert L.
Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Ayes: Robert L. Valentine W1, 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.
Ayes: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Move the Resolution be passed by Ruth Detrow, seconded by Robert L.
Valentine W 1.
Ayes: Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Glen Stewart: Mr. Wolfe, for our Eagle Scout, would you give him
a brief definition of the difference between an Ordinance and a
Resolution?
Richard P. Wolfe II: Ordinances and Resolutions are both forms of
Legislation that Council passes. Generally Resolutions are used
when something is just a one time or of a short term nature. The
Ordinance is a more permanent form. So since this is just dealing
with something on one occasion basis, I put it in the form of a
Resolution. It probably would have worked just as well if I would
have titled it an Ordinance. There is not a lot of distinction
between the two but they are both forms of legislation.
Res. No. 21-07
Item (b) A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR,
DIRECTOR OF PUBLIC
SERVICE, TO ENTER INTO A CONTRACT WITH THE OHIO DEPARTMENT OF TRANS-
PORATION FOR THE CONSTRUCTION OF THE NEW FORD ROAD ALIGNMENT PRO-
JECT WITHIN THE CITY CORPORATION LIMITS; TO BE FUNDED BY ACCOUNT
NOS.
202-1001-55405 ($112,750.00) AND 405-4655-55005 ($112,750.00) WITH AN
ESTIMATED
COST OF $225,500.00; 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Richard P. Wolfe II: Just to show you that there is not
necessarily a lot of difference between Resolutions and Ordinances,
this Resolution is certainly more of a permanent nature than the
previous one but it is in the form that it came to us from the state
and just are accepting it that way and they titled it as a Resolution,
so that is pretty much why that is that way.
Glen Stewart: That may help you with your writing and your
reports that you have to prepare. Mr. Wolfe has explained that,
and it was a one-time event and this one came to us and so that is the
way we are moving forward with it.
Jim Cooper: We have got $300,000.00 dollars basically,
$297,000,00 by ODOT Federal money going towards this extension of Ford
Road. The City was to put in $80,000.00 when we initially
started. ODOT had Schaefer Johnson do the plans, ODOT is
overseeing the project and helping us work with the LPA project (Local
Public Authority). In the process of this all evolving, ODOT and
their people in Columbus feel that the estimate for the cost of this
are considerably higher than $380,000.00 dollars. Personally, I
happen to disagree, but since they hold the purse strings and control
some of this, it doesn’t mean I am right either by the way, I do
disagree. But at any rate I can’t override this nor would I
ask you to. So this basically is saying the estimate assessed
that we have to get this additional money, it has to go on escrow which
I believe Anna is taking care of. We earn interest on the money
and hopefully I am correct representing the City that when contractors
bid on this job, we will get it much less than the $525,000.00.
So hopefully all of this won’t have to be out of our
pockets. This needs to be done and the contracts and agreements
made with ODOT so they can proceed.
Robert L. Valentine W1: Jim, the figures are $112,000.00 and
$225,000.00, that is our responsibility?
Jim Cooper: Actually, originally it came $300,000.00 was Federal,
$80,000.00 was ours. And then we think the estimate came to about
$525,000.00, so the $225,000.00 dollar total includes our $80,000.00; I
believe that is right Anna?.
Robert L. Valentine W1: So the total project is for over
$500,000.00?
Jim Cooper: Yes, their estimate. I feel very sure the
contractors will be very competitive and we will get a better price.
Robert M. Valentine W2: But anytime there is Federal money
involved though, ODOT has to oversee it, right?
Jim Cooper: Yes, they need to oversee this. They are doing it the
way they need to do it.
Ruth Detrow: Jim, you are really just extending Ford Road?
Where the road was crooked, you are straightening it, is what it sounds
like, but that is not it at all is it? You are extending it?
Jim Cooper: Right at the start, there will be a slight curve to
get it straightened out. That is where the alignment work comes
in, but it is just a few feet. Then we will go right parallel
where our property line is along the wooded area there and put a
cul-de-sac. It is a very nice site.
Questions or comments? None
Move the Resolution be passed on the first reading by Robert M.
Valentine W2, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, 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.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move the Resolution be passed by Ruth Detrow, seconded by Paul Wertz.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
WARD REPORTS:
Ward 1: Robert L. Valentine: I had a person
call me regarding leaf pick-up. I told them there has
been things in the paper and I think it has been very good. They
asked me if the leak
pick will continue? I said, I imagine, weather
permitting. What is the situation?
Jerry Mack: We have been picking them up everyday, and we
don’t plan on quitting until we absolutely have to. I feel
if we get through the end of next week and can keep picking them up, we
will have a pretty good dent knocked in all of them. Yesterday
morning we had to salt a little bit, but then we go right back at
picking them up. It looks like tomorrow morning maybe the same
issue. Do a little salting then back to picking up leaves, but
they have not stopped. They have been out every day.
Robert L. Valentine W1: I am just curious, do many cities do this?
Jerry Mack: I think the majority of them do. I know
Mansfield and Shelby do. Shelby is in the same fix that we
are. The leaves came down late. We are just hustling
to try and get them up. Everyone thinks this is a good thing for
their community to pick up their leaves. In my case, it serves to
get them away from the sewer. The citizens do benefit from this
but we remove them to keep them away from the sewer systems.
Ward 2: Robert M. Valentine : I had a couple of
things that Mr. Clingan took care of for me. I
gave the other one to Chief Bill Miracle and I know he will take of
that one also. I appre-
ciate it. And to pass on to the Arborists, thank you.
Ward 3: Ruth Detrow: Nothing to report.
Ward 4: Paul Wertz: I got a phone call
tonight, from a person in my 4th Ward and wanted to know
why the Agenda is not in the Times Gazette. He said three times
out of the last month, it
hasn’t been in.
Glen Stewart: Well there are only 2 times this month it could
only be in.
Valarie Bishoff, Clerk of Council: There will be a new
person starting on Monday 12/10/07, his name is Travis. I will
give him a call.
Robert L. Valentine W1. I think a lot of it has to do with the
change over.
OLD BUSINESS
(a) Certificate of results of Election on question or
issue.
Glen Stewart: We have certificates of the results which
officially are the two items for Charter revision have been certified
and both of those two issues have passed. One was section 125
Gender, Singular and Pleural and the other one was section 52 and
section 28. That was the ability to hire outside of the
ranks of the Police and Fire for Chief.
Robert L. Valentine W1: I do not know if this is old business or
new business but I think we all received it. Does Evan Scurti
ever come before Council and give a report. I know I have gone to
meetings where he has done this. Again, I am just curious.
Glen Stewart: No but I am sure if I were to invite him, he would
be more than happy to share a report. Actually, do all of
you receive his monthly Director’s report? They also
put out a newsletter. Did you get that? If this Council
wants a like a year end synopsis from Evan, we can ask him to do that.
Robert L. Valentine W1: Well I think there are a lot of good
pluses, and maybe the public at large is aware of it and maybe they are
not and I think they should be.
Glen Stewart: I do not disagree with that. There is a lot
going on and yes, how about if our Agenda doesn’t get absurdly
long, I would like Evan to make a “Year End Report”
for us if that is okay with you. It is an appropriate wrap up for
the year.
NEW BUSINESS:
(a)A Resolution from the County for the
Annexation of Property for Delbert G. Buechele and Connie
L.
Buechele Property.
Glen Stewart: We received a Resolution from the County for
annexation to the City of Ashland for Delbert G. Buechele and Connie L
Buechele property. The Ashland County Commissioners held a
hearing on November 8, 2007. This is a property that is on Baney
Road just north of where Smith Road intersects Baney. It would be
the second residential property on the left side on Baney Road north of
Smith. County Road 1153. Rick, what action do we
take. Do we set a hearing date for this?
Richard P. Wolfe II: No. There is nothing to be done for
now. The earliest we can act on this is in March. There is
a 30-day waiting period after the Commissioners have acted which was on
November 15 and after that time period is up then there is a 60-day
waiting period before we can entertain an Ordinance to accept it.
It has already been prepared and it will be on the Agenda in March.
Glen Stewart: Okay, Thank you.
Ruth Detrow: I have given my fellow Councilmen and the media a
copy of a possible Resolution. We have seen in our paper two articles
concerning Payday Lending, a check station and there has been one
meeting concerning it and of course the Internet is full of various
comments and surveys and so on concerning the paycheck lending. I
feel that I would like to see this Council do what this
Resolution says which is that we are urging the Ohio General Assembly
to review the practices of the small loan industry and to consider the
need for remedial legislation with regard to that. I am aware, I
went to a local meeting concerning that and I am aware that I am maybe
more into it than my fellow councilmen at this point and so I am not
asking that it be passed tonight though I have been told if I were to
read it in it’s entirety, which is not very long, it could be
tonight but unless my fellow Councilmen want to do it tonight, I am
just asking for discussion at this point and hopefully passage of this
Resolution or a changed Resolution soon.
Glen Stewart: All Councilpersons, what are your thoughts on
this. Do you want to study it? Do you want to have it read and
act on it? There are several sites, one being on site that Mrs.
Detrow had forwarded to all of us that gives the entire bill, House
Bill and I believe it is like 24 or 27 pages.
Ruth Detrow: Yes and this is Representative Bachelder’s
Bill which is proposing. It hasn’t happened yet. It needs
to happen.
Glen Stewart: It probably, the first two pages have most of
the meat in it from my perspective.
Robert L. Valentine W1: You know you are a little bit here
between a rock and a hard place. I think something like that has
to be done. People should understand that when you borrow, you
know what I am talking about, the problem here is that the interest
rate and if you don’t pay it off within a certain period of time
and of course it is almost doubled or tripled. I think of the
word usury. Pretty much that is what it is. You always feel
that you have a responsibility as an individual when you borrow this
money, to understand. I did not get an opportunity to go to the
meeting but I think by the paper I have the figures wrong, but they
were talking about $1.8 million dollars in interest or something like
that.
Robert M. Valentine W2: It said Ashland County alone.
Robert L. Valentine W1: There is pretty much an inequity here
that is all there is to it.
Ruth Detrow: I hate to legislate things but people should just
use their common sense and do. The only thing is, these
particular people prey on those who have had a terrible run of luck or
some really serious loss of income and when they get into this mess,
they can’t get out of it. We are seeing so much right now
in terms of House foreclosures, seeing financial problems and I think
we need to do something to help the people who find themselves without
wanting to trapped in this even though we could sit here and say, well
you should have known better in the first place. But sometimes it
isn’t so. Sometimes really bad luck, sometimes-bad
judgment.
Glen Stewart: I agree with everything that you have said
and I think the bill as proposed may make the traditional lending
institutions make the interest rates a bit more attractive for them, I
think from 24 to 36% on some sort of loan that would be available to
them and that is a lot of interest. By the same token put the
reported fees, transaction fees and interest on some of the other
loans, that makes the 36% seem like a deal unfortunately. I would
propose we research on the House Bill if we choose to support a
specific bill or just in general as a Resolution is written and bring
it back as a Resolution to be considered for action on our next Regular
meeting.
Ruth Detrow: Mr. Stewart, as I said I went to the one meeting we
have had here in town about it. The people who held that meeting
offered to, and of course they are biased. They were biased and
in favor of lets get rid of these places. They offered to come to
any City Council and give us some facts and so on. I don’t
know if we want to do that or just simply do our own independent
research.
Glen Stewart: I would love to hear them, but if we hear one side,
we need to hear both sides. I personally, I think we should be
able to do research. I would rather research it myself and if I
choose to go to a meeting outside of this Council meeting to learn more
about it, that would be my preference.
Robert M. Valentine W2: It is just like Credit Cards, how many of
those do you get a
month.
It is no different because once you get in debt so far on those, you
pay the minimum payment, they are saying you owe 5,000.00 or 6,000.00
thousand dollars, it takes you 22 years to pay it back if you make the
minimum payment. You are looking at it Apples to Apples. So they
are giving you the money and then they hammer you.
Paul Wertz: Remember about three meetings ago, the Cash Advance
flier to go door to door, if you read that pamphlet that she gave you,
it says right in there, the next paycheck after you get your initial
money, you have to pay it back. If you don’t you get
penalized 15% and if you don’t pay it back the next time, it is
another 15%. It goes up to 75% just like that. So that is
why people are getting into trouble. It says right in the pamphlet that
is being passed out door to door.
Glen Stewart: What is the desire of the Council?
Robert L. Valentine W1: I think another suggestion would be is to
put more emphasis on our State Senator and making calls to
him. I think we rank 5th in the nation as far as house
slump and in default.
Ruth Detrow: At one time, a few months ago we were
first. And now we are 5th and it is not because we have
gotten better, it is because other states have caught up with us.
Glen Stewart: Valarie, will you make this a part of the Agenda
for the next meeting?
Valarie Bishoff: Yes Sir.
Glen Stewart: I would like to announce that we will have a
Special Session Friday, December 28, 2007 at 12:00 noon in this room
for the purpose of appropriation transfers. That will be a rather
short meeting but a necessary meeting and we have already announced
that we will have another Special Meeting on Wednesday January 2, 2008.
I would like to go back to our Eagle Scout want-to-be. Do you
have any questions Ross?
Ross Reed: I do have one. On all of the Ordinances, it says
something about declaring an emergency. What does that mean in this
case?
Richard P. Wolfe II: It means it becomes effective immediately.
Glen Stewart: It allows the Ordinance to become effective upon
passage. So there are signatures that have to be affixed to these
Ordinances and they become effective following that right away. There
is no waiting period.
Robert L. Valentine W1: Without being real technical, in section 21 of
our Charter, it says an Emergency measure in an Ordinance or Resolution
for the immediate preservation of the public, property, health or
safety you are providing for the usual daily operation for the
Municipal departments is set forth in defining the pre amble thereto.
Motion for adjournment by Glen Stewart, moved to adjourn Regular
Session by Robert M. Valentine W2, seconded by Paul Wertz.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Meeting adjourned at 8:05 pm.
Submitted by
Valarie Bishoff
Clerk of Council