Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
June 19, 2007



Council President called the meeting to order at 7:00 pm.  

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: 6/5/07 Regular Session.  
There were corrections to be made, one on page 2 at top, 3rd line down, should be AKA, not BKA; Page 3, Jim Cooper’s first line, should be water line not aligning; and page 10 name should be Ard Blackford, not Art Blackbird.

Motion to accept the minutes by Glen Stewart, moved to be accepted and amended by Paul Wertz, seconded by Glen Stewart.
Ayes:  Bob L. Valentine W1-abstain, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

COMMENTS OR QUESTIONS FROM THE AUDIENCE:  (Items not Included on the Agenda).    NONE.


PRESENTATION BY:  6th grade student from the D.A.R.E. program, Emily Plues, to give an essay.  Jeff Shipper, D.A.R.E. Officer not present.

Glen Stewart:  Come forward and share with us your D.A.R.E. essay this evening.  We must tell you, we are very pleased and I know Paul and maybe some of the others have heard a lot of the D.A.R.E essays this year and there have been some very good ones and I am very pleased that you have been chosen to share yours with this Council this evening.  

The Power Of Me, by Emily Plues

     I have many goals through 12th grade; they are high, but maintainable.  One of these goals is to get into advanced classes throughout middle school and high school.  I also want to try out for volleyball in seventh grade and play until I graduate.  In Hip-Hop, I would like to go competitive and win a lot of awards so I can become a “Sweetie”, and dance for the Arrows.  But all of these things take more important goals such as:  getting A’s on my report card, practicing volleyball to make the team and dancing my heart out to win awards.  But, with a lot of effort, I know my goals can become reality.
     But what about drugs?  What would they do?  Drugs would slow me down and no awards would even be thought of and I wouldn’t make the volleyball team.  My grades would go down and I certainly wouldn’t be able to be in advanced classes.  My coordination would be slow; I would be addicted and would want more and more.  Breathing problems and more colds would occur.  I might even be arrested for using them.  Drugs would put a dramatic influence on not only my goals but on my life.  My goals are just something to work for to make my life better, but with drugs my life would be worse.  I have seen T.V. shows where they show you or tell you about their experiences with people who did drugs.  Those people suffered and still suffer from them today, drugs ruined their life.  I don’t want to be one of those people with a ruined life.  My goals and dreams would go down the drain.  I am definitely not going to smoke, drink or do anything else that could harm me, harm someone else or break the law.

     POWER:  A five-letter word with as much power as it’s name.  But what does it mean?  To me, power means you have the courage to stand up and do what you think is right.  I have the power to say no to smoking, drinking or other drugs because I have made my decision not to.  My family and friends matter a lot to me; I don’t want to put them in any more danger then they are in today’s world!  I will try to persuade those who do, not too.  I have never ever thought of doing them because when I’m around a person who smokes, I smell the horrible smell and can’t imagine what their lungs might look like, or what it’s doing to their body.  When I hear or see a person who does or did drugs.  I wonder why.  Why would you do something that can be prevented?  Why would anyone even think about doing drugs?  I feel that smoking, doing drugs, drinking or anything else that can be prevented, is just plain wrong!  Power is what can help me make the right decisions in life.


Emily Plues
Mrs. Gentle
11/27/06

Glen Stewart:  This program is awesome.  Paul Wertz has attended 80 graduations over the years; I have attended a dozen maybe, Ruth I know you have attended several; Bob Valentine W1 you probably did in the past.  This is an awesome program.  If we can impact these kids at this age, we have done our job. Thank you.

Motion to move to a Public Hearing by Glen Stewart.  There are two Public Hearings, a Community Development Block Grant (CDBG) small cities program and the second one will be the 2008 budget that Anna Tomasek will present.

Motion to adjourn to Public Hearings by Paul Wertz, seconded by Ruth Detrow.
Ayes: Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart:  We are going to open the floor for the Community Development Block Grant small cities hearing.

Larry Paxton:  This is the second Public Hearing that we have had concerning the Community Block Grant program for 2007.  The city was the recipient of $86,000.00 dollars on this program and it has been proposed and selected by the Council that $72,163.00 dollars of this money shall be utilized for a sanitary sewer in line replacement project on Buckeye Street and Marlo Avenue.  The Engineer’s estimate for this project is $125,000.00 dollars and the City’s share of that is $52,838.00 above the $72,163.00 dollars this program will be participating in.  With that we will also be extending $6,000.00 dollars of this money to the Ashland County Oral Health services.  They will utilize that money to assist them in their building renovation with landscaping.  Their service is low-income dental services.  If you have any questions Cindy Payne is seated in the audience.  Also along with that there will be $6,338.00 dollars of these funds to utilize to the Ashland Public Transit System and then we will also use $1500.00 dollars of this money for Fair Housing, which we are required to.  This does conclude the hearing process.  I believe you will receive the Legislation in the near future concerning it.   The project does focus on moderate to low-income neighborhoods in an effort to assist them and provide projects to improve those neighborhoods or projects.  

Questions or Comments?

Paul Wertz: Two weeks ago, it was brought up about the Dental Clinic.  Did the State get back with us on that?

Larry Paxton:  Yes.  Mr. Cooper was in a conversation with the State before we could even propose this literature that it was a legitimate use of those funds.  

Robert L. Valentine W1:  This program is a good program, no question of that but is this the program that Ralph Regula got money for? How much money did he get?

Cindy Payne, Ashland County Oral Health Services:  We got a Federal Grant and it was $245,500.00 and that was the main Grant construction of the facility.  

Questions or Comments?

Glen Stewart:  That will conclude the Hearing on the Community Block Grant.  The next Hearing we have is on the 2008 Tax Budget.

Anna Tomasek:  For the City of Ashland 2008 Tax Budget.  This is a requirement by law, tax budget document which is available in my office for inspection; Council has a copy.  The overall purpose of the Tax Budget is to set the Tax rates for the City of Ashland and Legislation will be coming before Council for the first meeting in July.  The requirement by law is the legislation has to be passed and the tax budget submitted to Ashland County Auditor by July 15, 2007.  

Robert L Valentine W1:  So the purpose of this is for Public input, is that correct?

Anna Tomasek:  That is correct.

Glen Stewart:  Council members, you have each received the Book this evening for this tax budget for tax year or calendar year of January 1, 2008 until the end of 2008.  If you have any questions, input or whatever you may have, I presume you will talk with Anna Tomasek about that.  We only have to have one hearing, Is that correct Anna?

Anna Tomasek: That is correct.

Glen Stewart:  Then Legislation will be prepared for us and we will act on it the first meeting in July.  We basically have two weeks plus a few days.  Yes, we will have to deal with it on July 3, 2007 in order for submission deadline so that will be on our Agenda for our next regular meeting on 7/3/07.  

Questions or Comments?

Anna Tomasek:  If you have any questions, you are welcome to come the Finance Office anytime to look at the documents.

Move to adjourn this Public Hearing by Glen Stewart and move back to our Regular Session of meeting, seconded by Paul Wertz.
Ayes:  Bob Valentine W1, Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

LEGISLATION

Ord. 40-07
Item (a) AN ORDINANCE AUTHORIZING CERTAIN LAND BELONGING TO THE CITY OF
                 ASHLAND, OHIO TO BE SOLD THROUGH THE COMMUNITY IMPROVEMENT
                 CORPORATION AND DECLARING AN EMERGENCY. 3RD READING.

This is the 3rd Reading of the Ordinance and it is not necessary for a motion for non-reading in full.

Glen Stewart: Having the legislation in front of you.  Are there any comments on the legislation brought in front of us this evening?

Robert L. Valentine W1:  Have we gotten any answers to the questions that we have asked?

Glen Stewart:  Not that I am aware of.  

Robert L. Valentine W1:  There is no answer to the question of buyback, is that correct?

Mayor Strine:  Bob, What was that first question you referred to; what was that question?

Robert L. Valentine W1: Buyback.  Is that condition of this Ordinance?  Will there be a buyback? Once he purchases the land, you are the one that suggested the buyback, that is why I said.

Mayor Strine:  I want to tell you that it is not in the agreement that is attached to this Ordinance and it was not the first night you asked me.

Robert L. Valentine W1:  Well, in the conversation I had thought we talked about this and you said you would look into that and that is why I am asking the question.

Glen Stewart:  Let me share this with you Mr. Valentine.  Evan Scurti did call Mr. Baker and I said I hadn’t heard anything back.  I was wrong.  I am told and it is not in the purchase agreement and it is not in the Ordinance that Mr. Baker would be agreeable to a buyback.  I didn’t hear this first hand, but he would be agreeable to a buyback but thought it should have some interest on his purchase price if he held it for 3 years and didn’t develop it and it came back to the city.  

Robert L. Valentine W1:  He would want interest?

Mayor Strine:  From Mr. Baker, I have only heard it one way.  I have heard another version of that story but not from Mr. Baker.  

Glen Stewart:  Nor did I hear from Mr. Baker, I heard it through Mr. Scurti.

Robert L. Valentine W1:  The second thing is the same question; the cost of the land is not enough.  I am still in that same situation.

Mayor Strine:  And Bob I don’t recall that you suggested what that price should be!

Robert L. Valentine W1:  Remember, We got into a discussion about establishing cost and I brought up the idea I think that the one thing we are talking about is selling and talking about selling some land that is $25,000 or $30,000 dollars; at least my understanding was that we had come up some prices for prime land that is a little bit more than land that was considered to be prime land and I felt that and still feel for what he is paying for this land is not what should be paid for.

Mayor Strine: That is what I am asking you.  What do you think we should be asking?

Robert L. Valentine W1: Well, one thing was that I think we ought to have some criteria to determine it.  And I think we were talking about some land because there weren’t utilities.  They had water and sewage and they wanted this or that.

Mayor Strine: We went through this conversation the last time.  Every one of these deals are different.  Every one of them has different circumstances and the only way that I know of that Council can determine what price to ask for it is if they want to set a price is to set the price no matter what the circumstances are.  Otherwise I don’t know how to do what you want Bob.

Robert L. Valentine W1: But in the conversation going way back, this is considered prime land and that is why that land is more expensive, that what you don’t consider prime land.  

Mayor Strine:  Prime land was the land on the other side of the road.

Robert L. Valentine W1:  Right.  But that was in the conversation and that was brought into the picture as far as I know.

Mayor Strine:  Well in the future,  businesses looking at the land, how do you want to price the land so I know when I talk to these people?

Robert L. Valentine W1:  Well, Bill I think if we are going to come up with that, give me some time and I will come up with some answers. You are catching me kind of cold here so give me some time and I will come up with some answers.

Mayor Strine:  Okay.

Glen Stewart:  This land, as I understand it.  I went back and did some math and then I researched it a little further.  It is basically $15,000 dollars per buildable acre.  There are approximately five acres of land, as I understand it that will be used for a detention pond which is part of the 26.59 acres, am I accurate?  So if you take the roughly 5 acres out of it and the sale price is $350,000 dollars for 26.59 acres and of that, approximately 21 acres is developable as I understand it and that makes the rough price $15,000 dollars an acre. I did go out and take a look at it and that is how I drew a conclusion based on what had been shared with me on the 26 acres and how much of it could be built on.

Comments or Questions?

Robert M. Valentine W2: Yes, I would like to make a few comments.  I was asked what information that could be gotten for me and I requested wage and benefit information.  Now, Novatex came in, they had a representative here; they explained everything to us.  This is what we are going to manufacture and this is the building we are going to build, this is the wages we are going to pay with benefits.  Star Ethanol did the same thing.  They had people here who gave a presentation and we all saw the presentation on the wall.  But I have not seen Mr. Baker.  I do not know this gentleman.  I would not know this gentleman if he walked in here right now.   The thing about it is, I am concerned because, why isn’t he here?  Why haven’t we got what he wants to put on the land?  The questions I asked were wages and benefits and I haven’t heard a thing.  So as far as I am concerned, the city had so much land to sell and when it is all gone, it’s gone.  I have a problem with this whole thing, that’s my opinion.  But I am just saying, I never got any information and I asked for it.  

Mayor Strine:  Who did you expect to get that information from Bob?  

Robert M. Valentine W2:  Well you are the one that asked me what information that you needed to get for me and I asked you about wages and benefits.  

Mayor Strine: You know you can pick up the phone and call him as easy as I can.  It is not my job to run around and get answers for you.

Robert M. Valentine W2:  I am just saying that that meeting on June 5 and you can look in the minutes; you asked me what information you could get for me.  I asked you two questions.  You told me okay.  I am just saying that I never got any information.

Mayor Strine:  And I told you three or four times, I have told you everything that he has told me.  

Robert M. Valentine W2:  Well he hasn’t told us enough Bill.

Mayor Strine:  What I am saying is, you can pick up the phone and call him and talk to him.  

Robert M. Valentine W2:I would think he could be here to explain himself if he wants to buy land from the city.

Mayor Strine:  Well, Maybe he won’t.  If that is what you want.

Robert M. Valentine W2:  Well, if he is not that concerned about it.

Glen Stewart:  Any other comments this evening?

Comments or Questions: (from the audience?)

John Chorpening:  Who set the price anyway?

Mayor Strine:  We have a committee that gets together to discuss all of these issues. City Engineer, Evan Scurti Economic Development, and sometimes I ask other people to come in and give advice.  Usually the price of the land is discussed with them.

Move the Ordinance be passed on the 3rd Reading by Paul Wertz, seconded by Ruth Detrow
Nays: Robert  L. Valentine W1, Robert M. Valentine W2
Ayes: Ruth Detrow, Paul Wertz, Glen Stewart

The Ordinance is passed with the 3 to 2 vote.

Ord.  41-07
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DI-
             RECTOR OF PUBLIC SERVICE, TO ADVERTISE FOR BIDS AND TO EN-
             TER INTO A CONTRACT FOR THE STREET DEPARTMENT DIESEL FUEL
             TANK INSTALLATION PROJECT WITHIN THE CITY OF ASHLAND, OHIO;
             AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Jerry Mack:  This Ordinance that passed would allow the Street Dept. to go out for bids for another 10,000-gallon underground storage tank for Diesel fuel for the Street Dept.  At present we have got storage for 20,000 gas and 10,000 Diesel.  It is kind of backwards right now but it is kind of hard to change tanks over to diesel.  Another thing is with the onset of a new 15 part per million fuel, we are going to start getting into some of those vehicles, so we are going to have to have fuel for those.  I am sure that this fuel is not going to be as cheap as the fuel we are buying now so it would also allow us to have a separate storage tank for that fuel plus total storage if anything would ever happen we should have plenty of storage on site for emergencies, power outages, whatever.  Our facility is powered by a generator so there is never a time when fuel cannot be purchased through that.  Also through Homeland Securities a couple of years ago we had a card system installed where it is very similar to using a credit card.  These cards were issued by the City.  I think it would be a real benefit for us to have this additional storage for the City use and if push comes to shove possibly even other entities.  

Glen Stewart:  Jerry, are we using those tanks as we speak then?  These current tanks.  So there is enough turnovers in that that fuel does not stagnate or whatever fuel does.

Jerry Mack:  No. Right.  We have had no problem.  We have done some testing on it.  Diesel fuel sometimes is susceptible to various germs and so on.  We do keep an eye on that and make sure we have things that can treat the fuel to make sure Diesel fuel does not have a problem, gas is not quite as bad but diesel you do have to keep an eye on it even if you use it regularly it can be a problem but no I don’t think we would ever have a problems Glen with that sort of thing.

Robert L. Valentine W1:  This is somewhat related to this.  How do we pay for this gas?

Jerry Mack:  Gas normally, I would probably not want to do it by the year because whenever we need fuel, we go to 4 or 5 different locations and get prices from them and get prices from them, and we purchase it that way when needed. Believe me, I keep an eye on it close.  I try and watch when all of the pump prices are done.  Today might be the day but it is not always good, not always the best way.  That is basically what we do is watch the prices and go out for bids on that day.

Ruth Detrow: How do these credit cards work on this?

Jerry Mack:  It is a card that we have; it is a city card and is used just like a credit card.  You put it into a machine and punch your ID number in.  It is a system that is hooked right to the tanks.  

Glen Stewart:  It just identifies the user of the vehicle.  

Jerry Mack: User or the department.  We also put mileage in so we have some tracking devices there we can do for mileage.

Glen Stewart:  Are we still buying some fuel from a retailer also?

Jerry Mack:  Yes.  The majority of our fuels are from that.  

Comments or Questions?

Motion to pass Ordinance on the first reading by Glen Stewart, seconded by Paul Wertz.
Ayes: Bob Valentine W1, Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights, by Wertz, 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: Bob Valentine W1, Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move that the Ordinance be passed by Robert L. Valentine W1, seconded by Glen
Stewart.
Ayes:  Bob Valentine W1, Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. 42-07
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO OBVI-
            ATE BIDDING UNDER THE STATE PURCHASING PLAN AND TO ENTER
            INTO A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR THE
            SEWER MAINTENANCE DEPARTMENT OF THE CITY OF ASHLAND, OHIO,
            OBVIATING FORMAL ADVERTISING AND BIDDING; AND DECLARING AN
            EMERGENCY.

 Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow.
Ayes:  Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Bruce Wiser:  This is a one-ton dump truck that we have scheduled for replacement.  We are replacing a 20-year-old vehicle that has been costing us quite a bit in vehicle maintenance.  This will get one of the oldest vehicles we have out of the fleet and help us out a lot.  The price on the vehicle is $23,200.00 dollars.

Glen Stewart:  So this will be a fully, at this price that we see in here, $23,200.00 will get us a vehicle?

Bruce Wiser:  It will have the body on it, it will have what they call a coal shoot discharge on it so we can fill up trenches, etc.  

Comments or Questions?
Motion to pass on the first reading by Glen Stewart, moved by Robert L. Valentine W1, seconded by Ruth Detrow.
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 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:  Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Ruth Detrow, seconded by Robert L. Valentine W2.
Ayes: Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Motion is carried.

Res. 9-07
Item (a) A RESOLUTION AUTHORIZING, PURSUANT TO CODIFIED ORDINANCE
             SECTION 521.08 (b), THE USE OF THE BARBED WIRE WITHIN THE
             CORPORATE LIMITS OF THE CITY OF ASHLAND, OHIO; AND DECLAR-
             ING AN EMERGENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow.
Ayes:  Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart:  Our Law Director, Richard P. Wolfe II has prepared this Resolution based on the discussions that we have had with the owner Mr. Aber and the walk through that I did with Mr. Aber.  The way this is written, the very front section of the fence starts at the big tree back to the first turn, you have no barbed wire.  From there rearward all the way back to the second turn there will be barbed wire facing inward and across the back from that point to a point about 30 feet east of an underground culvert, that is where the fence will approximately run and then we have barbed wire facing inward.  Those are instructions that I gave him based on our discussion and our walks.  That is what is in front of us and Mr. Aber do you have any comments? None.

Comments or Questions?

Motion to pass this Resolution on the first reading by Glen Stewart, seconded by Robert M. Valentine W2.
Ayes: Bob L. Valentine W1, Bob 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: Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Resolution be passed by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes:  Robert L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Res. 10-07
Item (b) A RESOLUTION APPROVING THE ASD – FORD DRIVE EXTENSION
             PLANS IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMER-
             GENCY.

Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Larry Paxton:  This Resolution is a house-cleaning Resolution that is required by the Department of Transportation.  They will be bidding this project and overseeing the construction of this road.  It is an extension of Ford Road and constructing the cul-de-sac at the end of that as well as storm water right of ways on both sides of that roadway.  I apologize for that map, it has a lot of lines on it and could not locate the good map showing the lay out of the street.  This is just a requirement that ODOT requires this body enact this Resolution that we have overseeing the right of ways and the maintenance issues of that.

Glen Stewart:  Larry, for those out in the audience that obviously haven’t seen this, can you give us a little bit of a picture of where this extension extends from and into.  

Larry Paxton:  The end of faultless Road, Ford Road goes north to Wells road well that ends at.  This is an extension from where that stops at Wells road and goes directly North towards the woods.  It goes about 15 maybe 2000 feet into that field and puts the ditches on both sides as well as a waterway for storm water purposes and in the cul-de-sac.  It really develops more of our Industrial Park so that we can sell more of that property out there as that develops.

Questions or Comments?

Glen Stewart:  This is the plan, this is not the construction.

Larry Paxton: This is just to review these plans.  Mr. Cooper has reviewed them.   He apologizes.  He was planning on being here but he had some family issues.  

Robert M. Valentine W2: Is ODOT doing the inspection on that?

Larry Paxton:  Yes.  They are doing the bidding, the inspection, everything.

Mayor Strine:  And the reason that is different is because there are Federal funds involved.

Motion to pass this Resolution on the first reading by Glen Stewart, moved by Ruth Detrow, seconded by Paul Wertz.
Ayes:  Robert L. Valentine W1, Bob 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, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Resolution be passed by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.
    
WARD REPORTS

Ward 2:  Bob Valentine
(a)    I got a hold of Mr. Wolfe about down at the end of 9th Street and he almost had an accident there looking over trying to see around the high grass, so I appreciate it, it is cut down and all of those people at work are happy now.

Jerry Mack:  There is an individual that takes care of that property and I just reminded him about it.  He said he would have it done by last Friday and I think it did get done.

Ward 1: Bob Valentine:  none
    
Ward 4:  Paul Wertz
(a)    I had two calls on our Maintenance Codes/Housing Maintenance.  

Glen Stewart:  We have that being reviewed by our Engineering Department not the International Maintenance codes.  

Mayor Strine:  We have them.  It takes time for you people to sit down and review them and tell us what you want.    I hate to put it that way.  We need to take the time and sit down and go through it and say what we want and what we don’t want.

Glen Stewart: Since Mr. Wertz has brought this up and since it is in our hands, lets look at our calendars and see when we can have a Work Session. We are at the 19th, we could meet on Tuesday July 10, 2007 in addition to the Transit Work Session.  We will be discussing the International or other building Maintenance Codes.

Ruth Detrow:  I really suggest the people of Ashland get a hold of this Maintenance code book. It is a fine building/maintenance code but it is going to ask some things of us that we aren’t used to doing now.  It will be too bad if Council passed something because of its excellence and then found out that people are just rebelling against it.  That is always unfortunate, time consuming, expensive. It includes maintenance criteria.

Glen Stewart:  It can be astringent or as lax as you choose but this code provides astringency.

John Chorpening:  Could you put a copy of this in the Public Library or a couple of copies?

Glen Stewart:  Yes if we have them.  

Larry Paxton:  I suggest meeting first and discuss that before you, it is something you might want to talk about before you do that and you might even be interested in enacting that.  

Glen Stewart:  Well I think to get Public Input, the public needs to have access to what input, because we will put it in the Library and because we are going to have a Work Session does not mean we are going to act on that document but it is a ground floor to start to work with.

Paul Wertz: There are only 24 pages in the book.  

Glen Stewart:  I am reluctant to summarize something and then get hung with it. Valarie will you order 5 copies?

Valarie Bishoff:  Yes.

Glen Stewart:  If anyone wants to write this down: E-mail address:  www.iccsafe.org/membership.  I do not know if that is going to get you a book, but it will get you in the barn.

Ruth Detrow:  I would think we could order one to put in the Library and $20.00 is $20.00 that is not very much considering the importance of it.  

Glen Stewart:  We will talk in the morning and find the fastest way to get a copy or two or three here whatever we need.  Will you call me in the morning Valarie?

Valarie Bishoff:  Yes Sir.

Glen Stewart:  We have a building code with some maintenance in it but it is not up to snuff in my opinion.  The Building and Zoning and Engineering Departments brought this document to us and it is 24 pages and pretty darn inclusive and may be more astringent than our community wants.  But it might not be. It may be exactly what we want.  

Comments or Questions?

       Council at Large:  Glen Stewart:  
           (a) I am going to pass on the Ward Reports.

OLD BUSINESS:  None


NEW BUSINESS
(a)    Correction made to the Minutes from Regular Session on April 17, 2007 just for the record.  There was a misinterpretation of what was said and we sent the Liquor Permit for K. Sorrellas to the State requesting a hearing and that was caught when they called us and asked if where we wanted to have the hearing.  We actually requested no hearing and that has been taken care of. The minutes needed to reflect that.

Motion to amend those minutes to reflect this date that we request no hearing, by Glen Stewart, seconded by Paul Wertz.    
Ayes:  Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

    (b)Letter from John Hovsepian.  Mr. Hovsepian is the City’s representative on the Ashland Area Economic Development Council and it is with a great deal of regret that I contact you today to offer my resignation from the Ashland Area of Council for Economic Development effective on or before July 9, 2007.  He and his wife are moving to Wayne County.  There has been a job relocation for Kathy which basically is necessary that they locate into Wayne County and their closing date is reflected by his resignation effective date and the reason for this being read here is that this Body is responsible to appoint the representative for the city onto the Ashland Area of Council for Economic Development.  So he has tendered a Letter of Resignation and we as a group need to fill that spot and I think each of us should be thinking of some names and I wouldn’t be surprised if we come up with some common names between us and I would like to be able to if we can act on them at our first meeting in July.

Robert L. Valentine W1- What time do they meet?

Glen Stewart:  7:30 a.m. once a month on the third Thursday of the month.  I have that right here to confirm that.  It is a pretty important position from my view. There are only five board members.

Ruth Detrow:  I have one suggestion and this is something that is going to lend this way slowly through the proper channels.  I spoke with Mr. Cooper about it and he tells me that he believes the way to handle this is to start with City planning and the City Planning Commission but I will just mention it tonight. Ashland has something called the Shoppers Shuttle.  It is a part of our public transportation.  It stops 12 different places within the city of Ashland, it makes a loop, and there is no way anyone knows about the Shoppers Shuttle unless they call the Ashland Public Transit and ask for one of these which is a little brochure which tells about the Shoppers Shuttle.  My suggestion is that the City should put up signs at the Shuttle stops.  All of you are familiar with larger cities and you know that everywhere there is public transportation, there is a little sign that says that this is the bus stop and I think it would be excellent advertising an excellent way of helping people figure out when it is that someone. It runs one day a week now.  There is no reason why these couldn’t run more often if there were the demand.  We have a lot of folks in town who aren’t able to get to the various stores and so on without using this or doing something of that sort.  So I am suggesting that we put signs at the stops.  Here is the logo.  Now if you saw that and you didn’t know what it was, don’t you think you would wonder and you might even find out what it was?  It is a service for Ashland that is underused right now and I think we could help that a little bit by providing signs at the stops for the shuttle.  So that is my suggestion and as I said I am told by Mr. Cooper that the best way to do it and I did e-mail my fellow Councilmen and the Mayor.  I am told by Mr. Cooper that the City Planning Commission has control of signage in the city so I don’t know if we should make a suggestion to him.   What do you suggest Mr. Mayor?  

Mayor Strine:  I think that the Transit would need to go to the Planning Commission with a request where they want to put the signs. Then the Planning Commission would probably approve this.  

Ruth Detrow:  I would think so.

Mayor Strine:  But the Planning Commission will not go out and find the spots for the signs.

Ruth Detrow:  There is a route; there are 11 places where they stop.  I mean that is all planned.  But it would have to be on the City owned right of way because the businesses in spite of the fact it is bringing people to their door don’t seem to want the signs on their property.  Which is unfortunate.  I don’t understand it, but that is what I am getting.  This is something that has been discussed for a year now at least.

Robert L. Valentine W1: It seems to me if you go out to WalMart, where would you put the signs out there?

Ruth Detrow:  They wont let it be on their property.  It would have to be up there on Route 250.  It is unfortunate.

Mayor Strine:  Ruth, do you know who contacted whom at WalMart?  

Anna Tomasek:  Chris Alt and Nancy Welch have made continuous meetings with other businesses and I have gone out a couple of time and talked to them.  The assistant manager at WalMart is who we contacted.  The majority of them were not in favor of them.  

Glen Stewart:  Can you restate that Anna?  The retail business people in the City of Ashland Ohio, that this Ashland Public Transit System could serve, are not in favor of having Transit Stop signs on or near the business or on their property?

Anna Tomasek:  That’s what they have told Chris and Nancy, yes.

Ruth Detrow:  It sort of boggles the mind.  It is like saying I don’t want your business.

Anna Tomasek:  I think the majority of it and some of the major stores actually have to go to headquarters, I think there is some red tape involved.  I think that is the majority of the reason also.  

Ruth Detrow:  Yes, Home Hardware, and Ashland University.

Robert L. Valentine W1:  You think there is a concern about a snowball effect, once you start putting the signs up then other people will want to put signs there.

Glen Stewart:  May I suggest that a sign, that is the first thing the Planning Commission is going to ask, what does your sign look like.  Take a prototype of the sign and take your chosen locations and let the Planning Commission either approve or disapprove of those locations or alternates and then you get the approval of the Planning Commission on Public property. Now those that going on private property are a different story, but the vast majority of them I would think would go on public property.  Isn’t that the case Ruth?

Ruth Detrow: Well it would have to be.  They tried to put them on private property and they were told, no way you cannot do that.  Actually at WallMart, isn’t that Street that goes back to WalMart a public street?

Glen Stewart: Amberwood Parkway yes.

Ruth Detrow:  Now I am not trying to get out of doing something.  I will be glad to do it.  However I would imagine maybe Anna and Chris Alt might be the appropriate people to go to the Planning Commission.

Anna Tomasek: Yes.  We would be more than willing to go to the Planning Commission to make a presentation.

Glen Stewart:  I would suggest that you give them a call and give them your Agenda.  
I have another item, it is really Old Business, but it is new in the last couple of days.  There have been a lot of questions regarding Ethanol in Ashland Ohio.  As of Monday, the Silver State, they were contacted.  There were to have been funded in Idaho and as of Monday, they have not been funded yet in Idaho.  We are still working with whoever is providing the financing of that operation.  Until that one goes, Ashland will not go, as we are to understand it.  So it is no news, but people ask a lot of times well are you talking to them?  Yes we are.  We are talking to them with some regularity but there has been no movement as of Monday noonish relative to the Ashland facility or in the funding for the Idaho facility which I understand if they receive that, it will be a big enough fund to handle another site of which Ashland could be considered.  So there is no movement, it is still status quo.
We have two items for our Work Sessions tonight.

Mayors Comments:
     I think you are all aware, there is a program going on right now where we are going to have the State Highways through the city paved and I was advised by Mr. John Hart, the ODOT Director that as long as there is a 35 mph speed limit on Center Street from the Children’s  Home on out, that they would not pave it so I will be asking Jerry to change his speed limit again so that they will pave the street.  

Glen Stewart:  Roughly  Morgan Avenue.  

Mayor Strine: If I left the signs up, it would cost us $80,000.00 dollars to pave that ourselves. So I will be changing the speed limit again.  

Paul Wertz:  The State is requesting this right?

Mayor Strine:  The State is telling us that if we don’t put the speed limit back to 50, they will not pave the street.

Glen Stewart:  So with that, the Mayors decision is that saving $80,000.00 dollars or not having the area paved.  Any other items Mayor?
I would like to get the Work Session started this evening.  They’re two very important segments that we need to discuss tonight.  One is a Work Session that is first on the Agenda is sidewalks and I would like to share with you that as of noon today Valarie? What is the time frame on this?

Valarie Bishoff, Clerk of Council:  6:00 pm this evening.

Glen Stewart:  Oh, 6:00 p.m. this evening, there are 1377 responses to the surveys have been tabulated.  

Robert L. Valentine W1: I hate to interrupt but do we have to go out of a  Regular Session to have a Work Session?

Richard P. Wolfe II, Law Director:  It is as you wish and you can continue under your Regular Meeting with these items if you wanted; they are really kind of Old Business/New Business, but if you want to Adjourn and Start the Work Session it is okay either way.

Glen Stewart:  The bottom line is that Valarie has tabulated 1377 responses, there were 4 questions.  The questions were asked Yes or No and I am going to pass these down to Mrs. Detrow and Mr. Valentine and I don’t know if anyone else was in on preparing the questions or not.  I was away at the time.  But these are the responses.  What I would like to do is share the numbers with you this evening and repeat the questions so you know what the answers are too.  We are a long way I feel from establishing what these responses are telling us.  There is another pile like this.  They are in that bunch that have comments written on the back.  We didn’t ask for comments but we received comments.  We asked for the survey, we need to understand it and look at it and not treat it in a big rush.  I understand that back in April, I said we want to delay this for 6-8 weeks, we went forward with the survey, and 6-8 weeks went right out the window.  I don’t think we can handle it in the next week or two.  We are going to work on it and do everything we can to come up with a solution hopefully to the sidewalks.  Mrs. Detrow, Mr. Valentine you want to share with us with what the questions are and what the answers will be>

Ruth Detrow:  One thing I would like to say before we do that and that is of course this is my fault and I am the one who suggested it.  I just simply felt, and I am not sorry, but I better take the blame since it is my fault.  I felt that lots of people did not go to the three meetings we had and lots of people who did go didn’t dare say what they thought because the opinion was so much one way.  And it was so strong. So anyhow I heard from 2-3 people that if you count those people aren’t going to believe it anyhow and so I also have asked Mr. Dan Fox from AU to count these to have an unbiased person counting them.  Mr. Fox is a member of the Graduate School of Business at AU.  He is an Attorney and he is a CPA.  He is an honest man.  He is unbiased.  He is counting these also.  I felt we needed an unbiased person doing that too.   

Robert Valentine W1:  One question before we start.  How many survey slips do we have?

Glen Stewart: We are still counting.   Oh how many did we send out?  Curt you can give us that number.

Curt Young:  7600.

Glen Stewart:  There is about 400-500 more to count.  I have to tell you guys that when you get anything over a 4 or 5 percent return, that is pretty high on the survey.  A 5 percent return on a survey is good.

Ruth Detrow:  Yes I didn’t think we would get a whole lot of returns.  I just wanted to give everyone a chance.  A lot of people wanted to. That is what it amounts to.   And we are going to pay attention to that.  There is no way we can be fair because the survey questions, the answers to the survey questions and especially the written comments tell us do this, no don’t do this, do this, do this; there is just no way.  We are just going to have to do what is best for the City and take this into account.

Robert L. Valentine W1:  

Question # 1- Are you in favor of legislation requiring sidewalk repair and new sidewalk installation? Yes or No   Yes – 450   No – 903

Question # 2 – Do you favor the installation of sidewalks in ALL neighborhoods, if the topography of the property allows, at the expense of the property owner?  Yes or No
  Yes – 173     No – 1160

Question # 3 – Should the repair of existing sidewalks be at the expense of the PROPERTY OWNER?  Yes or No      Yes – 398   No- 914

Question # 4 – Should the cost of repair to existing sidewalks be shared equally by ALL Ashland citizens through taxes already in place?  Yes or No   Yes – 750  No- 575

Ruth Detrow:  It seems as though people want the city to pay for sidewalks.  If they are paid for by the city, that is money that does not go somewhere else.

Keith Ballantyne:  What was the results of the first question?

Robert L. Valentine W1:  Yes – 450  No- 903.

Keith Ballantyne:  You still haven’t separated the two issues.  These are two separate issues in many people’s minds.  You had no choice in one vs the other in that first questions.  If you were opposed to one, with the figure gathered, you still had to vote no.  That should have been two separate issues. That was clouding your survey more than anything.  And some people said well because of that and a couple of other confusing things in there people voted no on there.

Glen Stewart:  Any other comments on the survey as it stands this evening.  And obviously it is not complete but it may be rather conclusive already but it isn’t completed.

Gary Gallaher:  I was very happy to see that survey that you all indicated you would do.  I personally see that as good faith.  I have heard the part of you who are responsible for governing us and I am sorry I am one of those people who wrote on the back but it was very complementary regardless of where you stand on the issue.  You did what you said you were going to do and you made a good faith effort.

Glen Stewart:  Thank you for your comments Mr. Gallaher.

Questions or Comments?   

Glen Stewart:  We are not prepared to make any decisions but we wanted you all to know that the surveys are basically back, they are being tabulated and we are working with them and you see the results through 6:00 pm this evening.    

Ruth Detrow:  Did Valarie work overtime?

Valarie Bishoff:  Yes a little bit.

Glen Stewart:  The deadline was June 15, 2007 to pay your water bill without a penalty.  So anything that come in that has a penalty I am told, they are throwing away.  Not the bill.

Keith Ballantyne: I would like to know the results of your Environmental Impact Study.

Glen Stewart:  To the best of my knowledge, we did no environmental impact study on the sidewalks.

 Keith Ballantyne:  There was an article in the paper or a letter where they estimated/calculated 40 trees to be taken out, a number of utility poles would have to be changed, a lot of shrubs and people I have talked to said some of their trees have to come out. Again depending on what your criteria was, where the sidewalk has to be located and how close to the curb.  I have to take out a tree and put what I call a proper tree line between the sidewalk and the curb. We have talked about putting some sidewalks the curb and that is dangerous.  Because a person riding on there, riding a bicycle down the sidewalk could be knocked into the street.  You really have to look at that kind of questions when you set up your criteria.

Mayor Strine:  Just for the record.  We put in more trees than we take out.

Keith Ballantyne: You are still going to have to take out a lot of adult trees around the city and I think you really need to address that.

Mayor Strine:  We do have a very good program for replacing trees.

Glen Stewart:  And there are limited circumstances where we have gone around some trees.  Obviously probably better not make it like a path in the woods.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

Keith Ballantyne:  There are some sidewalks with access caps cemented right in. You have to chip around them to get them out.

Glen Stewart: That is even done in the new subdivisions today.

Comments or questions?

Charter Review Work Session at 8:26 p.m.

Glen Stewart:  What I have taken the liberty of doing is I have asked Cherie Helterbridle, Fire Chief Mark Burgess, and Police Chief William Miracle to talk to us this evening and this is regarding recommending change in the Charter to allow outsiders to apply for the Fire Chief and Police Chief positions and we had some questions.

I would like to start at my far left or may be it would be best to start with you Cherie Helterbridle.  Would you share with us the process as it is today?

Cherie Helterbridle:  At this point in time, all competitive testing is done according to Civil Service rules and regulations which I brought a copy of the City’s.  Currently, when it comes time for the testing for a Fire Chief or for Police Chief there is criteria, the AC’s in the Fire Dept. would be eligible and in your situation there are always enough AC’s correct?  We want to talk about who is eligible for testing.

Chief Mark Burgess:  You have to be in Rank for one year, minimum.  The next lower Rank opens up to the Rank below that.  So Assistant Chiefs can test for the Chiefs position.  We have three in our organization; today two could take the test because one of them was promoted 7 months ago. So If I left two could take the test.  

Glen Stewart:  But would the third slot not open up for a Rank below?  Isn’t that what we said?

Fire Chief Mark Burgess:  No.  It would if only one signed up for the test, it would open up to the Captains.

Glen Stewart:  So you have to have a minimum of two and if you only have one or none then it drops down to the next lower Rank.

Cherie Helterbridle;  In the Police division, the structure is a bit different.  

Chief Bill Miracle:  We only have one Captain, so if you follow the logic that it has to be a competitive test, then since there is only one Captain, which is the Rank immediately below the Chief, then that automatically opens it up to Lieutenants.  So that is the way it currently is.  So under the current Civil Service structure, you have 4 or 5 people testing at this point in time.  It could vary depending on how much time you have in Rank.  Right now you would have 5 people testing for Chief.  

Cherie Helterbridle:  So the process is that you post the opening, and those who go through the review who would be eligible to test, within the departments it is closed to the people in the department who are eligible and the test process; we can design the test process.  According to our Civil Service rules there are various types of tests we can do; there would be a component that would be written that we have to have some component that is written.  They have to have a certain level of competency on that written component and then we can do a number of other types of tests that would all be calculated but the way the Civil Service currently is written; the person that tests with the highest score, the HIGHEST score gets the promotion to Chief.  There is no process that would be beyond that so whoever gets the highest score becomes the Chief.

Glen Stewart:  There is no personality identification process?

Cherie Helterbridle:  Anything that could be discerned by that, like doing an assessment, something of that type but all of that has to do with testing.  There would be no consideration of attendance, leadership, and involvement in the community. Other kinds of criteria that are important but more subjective.  Those things wouldn’t necessarily be considered at this point in time.  It would just be the top score.

Police Chief Bill Miracle:  We sort of have a closed system at this point in time.  The way the Civil Service is set up within the city, only those people that are within the police division or within the fire division at this current time are eligible to take the Chief’s test.  I think that is basically what sort of the jest of this whole situation is.  Is that the best way or should it be a little more important to allow a little more flexibility to the Mayor or however that is normally decided to look within the various divisions and see what the current status of the division is.  What they look out for.  How the current Supervisors relate to the division, how they relate to the community those types of things.  If the Mayor is satisfied with that then he may only limit to those people within the division to take the test for Chief.  If he is not satisfied with the make up of the division for whatever reason at the time, this would allow him a little more flexibility to advertise outside of the division and look around and see what is available and then appoint X amount of people to come in and test alongside those people within the division.  I am not saying limit the ability to people within the division to test if they wish to do so. But this may be a little more options to the Mayor whoever the case may be at that point in time to assess the current structure of the division and how it is running and make changes if necessary.

Cherie Helterbridle:  That is why the language is proposed.  You know when you look at our current Charter, and I have copies if you need copies; the proposed language came from that.   
The language that is proposed has one aspect that has to do with the language for the Civil Service and what it does is this proposed language gives our Civil Service Commission the right to format the test the way we would see the Civil Service Commission would think what was appropriate.  So the Civil Service Commission could say, there is going to be an interview process.  They could test by testing if necessary because this is oppressed process of the commission to determine how the process could be good together at any given time but this wording when you empower the Civil Service to do that through our Charter rather than reflecting exactly what is in the existing Civil Service for the State.  Then the second section of wording was; has to do with the fact that Mayor could open the process for Fire Chief and Chief of Police to outside candidates.  So feasibly, there is a type of thing that happened where the Mayor would be opening applications to appropriate candidates for either position and review a whole group of them, and have his own criteria as to what background they have and what processes they go through to screen those candidates.  Come down to the best two or three candidates that are from outside and then have them come in and take part in the exact Civil Service processes happening within the city.  Or at a given time, you may decide not to have any outside candidates.  But this wording would give freedom for that.  Chief do you want to add to that?

Police Chief Bill Miracle:  I get things through the high Chiefs every now and then from the different cities within the State looking for Chiefs and it is pretty much the same set up every time you get an announcement.  Somebody within the city has come up with a set of criteria that each candidate must meet, qualifications for Chief.  Most of them include some type of a degree anymore.  Some type of advanced Administrative or Leadership training.  Yes there are required qualifications under the current system.  The only qualifications you have basically is you serve either in the Rank below the current chief you have when you are in that Rank.  That is basically the only qualifications you have to test for Chief under the current Civil Service Law.  So you can get somebody in there that has no leadership ability; no advanced training; no whatever the case may be and he could set and come in first on the test and you have a Chief.  Obviously he has a probationary period that he would have to serve under Civil Service that you could assess his behavior after he has been promoted but under current Civil Service Law, you would have to promote the winner of that test.  Whereas if you went and were able to have a little more flexibility to design the qualifications to design the testing process.  You could even have a rule of three if you wish to do so and if the first three candidates are the three highest candidates that you come out on a written test every time.  If you go through an interview process with a Ward from the City, citizens or the Mayor or any combination thereof and pick the best person from that group.  So it allows the city a lot more flexibility to choose who’s going to lead these departments in the future.      

Glen Stewart: Anything you can add to that Mark?      

Fire Chief Mark Burgess:  No I think we should give the Mayor the ability to create a good team to lead the City and this vehicle will do that.  We still control how the testing process is through Civil Service Commission, is local.  It also gives the Mayor the opportunity to , it will force the current administration, chief and on down to work on their team plan with the city and succession planning so by doing that that makes the whole city better. So I think it helps everybody if the current Rank and file wish to promote up they are going to work harder because there is the possibility to have outsiders come in; so the may step it up a little bit instead of just looking at the two other people besides them and deciding well I can beat both of them so I am okay where I am at. There is the option of an outsider coming in, an unknown, then they are going to have to step up their training and do better; so I think it is a good process, it puts the city in control of it.  It still should be a protected position by Civil Service so that there is protection for those positions but it also helps to keep it out of the politic end of it. With code enforcement, law enforcement you need that protection but it also gives us locally the control that we need so that we can build a good team to lead the city.                       

Glen Stewart:  Mayor do you have any comments?

Mayor Strine:  I agree 100% of what they are saying.  I can do that now because I won’t be the Mayor when the new Chief is appointed but I highly recommend what they are suggesting.

Paul Wertz:  Am I to hear them say that you pick the top three?

Cherie Helterbridle:  Under the Civil Service rules, if we have the right to                                                        promulgate our own Civil Service rules then we can design them.  Right now with the Captains test and the AC test we can choose from the top two.  We could decide instead of just being the top test, top score, you could say the top three, then the top three where you would actually do an interview process.  I just wanted to say, he said we would remain under Civil Service. Right now with other division directors by appointment of the Mayor and they work at the Will of the Mayor so other division directors could potentially be dismissed at any point in time and currently both Chiefs have Civil Service protection.  The Mayor couldn’t just dismiss the Chief of Police or the Fire Chief, they would be able to appeal that dismal to the Civil Service Commission and I agree with the Chief I think that is extremely important and we are definitely not proposing that that would be altered in any way.

Glen Stewart:  Rick, Mr. Wolfe, do you have any comments on this?  What is the make up of this Civil Service Commission?

Cherie Helterbridle:  Right now we have 3 commissioners left, Dr. Clayton is no longer with us but we have 3 commissioners and Rick Wolfe is our on that for our Legal Council and I am the Administrative Secretary of the Civil Service Commission.

Glen Stewart:  Three Commissioners made up of residents of the community, appointed by the Mayor and their appointment is for how long?

Cherie Helterbridle: Four years, they can be renewed, it is renewable. The can stay on as long as they want.   There is not a limit by law.  

Glen Stewart:  But at the end of 4 years, the Mayor has the ability to ask them if they care to stay on again or reappoint, or replace.

Cherie Helterbridle:  Yes.

Robert L. Valentine W1:  Once that person is appointed by the Mayor, he cannot be removed by the Mayor?

Cherie Helterbridle:  That is right and that has not changed.  That is how it is now.

Chief Bill Miracle:  Except for Cause.

Robert L. Valentine W1:  This opens it up to people outside.

Chief Bill Miracle: What we are saying is, all this does is enable the local Civil Service Commission to design a process, whatever that process ultimately is, it could include assessment center.  It could include a written test; it could include the rule three if you wish it to do so.  It could include a rule 5 if you want to do it that way.  Whatever the process is, it is agreed to by the Civil Service Commission then that would be the process for the selection of Chief over the last 5 or 10 years or whatever the case may be as we have done testing processes.  I don’t think there is one test that we have done on any of the ranks that haven’t changed in some way each time we have done it.  We try different things in order to get the best person for the job.  If you design this test for the selection process for Chief, after you pass this and it doesn’t work as well as you would like then the next one you design another process.  It just enables to look at the Civil Service Commission, local administration flexibility to do so.

Cherie Helterbridle:  Our current Charter ties this in directed with the State Charter.  This wording empowers the Civil Service Commission to design a test specifically for a Fire Chief and Police Chief.

Robert L. Valentine W1:  But we have no control over that.

Cherie Helterbridle:  You have no control over what the Civil Service Commission designs.  That is right.

Chief Bill Miracle: Under the current Charter it reverts back to State Law which says the winner gets it.

Fire Chief Mark Burgess:  Right now the process for Fire Chief is a written test.  

Cherie Helterbridle: This would give us, the Civil Service Commission the flexibility to design a test process.  It only empowers them to design a process instead of being tied to the rule of one, the top written test score which is the way the State Civil Service rules read right now.

Chief Bill Miracle:  Historically if we design the Civil Service process, the Civil Service Commission will more or less work with us within the city.  We design a process saying we will open up the candidacy to the qualified individuals, not only within the department but will ad X amount of people from outside the department to set for this test and we are going to conduct an assessment center where the top three candidates from the assessment center will sit on an oral interview process made up of individuals from the community and then after that process is done, the top person out of that interview process with be appointed Chief.  That is what the process is.  The Civil Service Commission historically I believe I can say that pretty much, will go on what we like to do.

Fire Chief Mark Burgess:  But the Civil Service Commission if there are people who don’t agree with it, there is a method that they can be heard during the commission hearings.  So it is not just if all of us agreed and we want this testing process, but the union wants to put their 2 cents in, which they have the right to and there is a process for that so it is not just a unilateral decision.  The Public Input is there.

Chief Bill Miracle:  In our current promotional process with the Police division, we allow a person from a union of the rank that we are drawing from.   If we are testing for Captain, We will allow a current Lieutenant to sit in on the test design process in order to get the union’s viewpoint and design that test for Captains.
No I am not making any promises, I am just merely stating that is what we are doing currently, and so it could be done that way if you desire to do so.

Glen Stewart:  What is the written process that the commission followed to establish the guidelines for whatever testing they choose to do?  Cheri are they compelled to ask for outside input? Are they compelled to go to the union and ask for their input?  Are they compelled to go to the residents of the city and ask for their input?

Cherie Helterbridle:  No.  

Glen Stewart:  Those three or four really are not compelled to talk to anyone if they choose not to?

Cherie Helterbridle:  That is an open meeting, it is a public meeting. They are all advertised in advance just like all of your meetings and they will listen to anyone who chooses to come to one of those meetings as anyone that comes is heard and has every opportunity to have input and certainly in the past there have been people who come to those and have had strong input. But that is it.  They hear them and they are public hearings but beyond that, they make their choice.

Comments or questions?

Glen Stewart:  While we are here and Mr. Wolfe is here, I would like for Mr. Wolfe to talk to the Gender neutral recommendation for change and as a matter of fact, we all had have the Ordinance that he has prepared for that and the question that I stopped by to ask you Mr. Wolfe was; How much has to go on the ballot, if we choose to put this on the ballot?

Richard P. Wolfe II, Law Director:  Anything you change.  All pages have to go on.

Glen Stewart:  They had it with a summary but all of the pages that are changed or supposed to be changed would have to be part of the ballot process?  Just like any State constitutional change.  I think that was the question that we had. Mr. Wolfe has addressed that.

Robert L. Valentine W1:  Is there a cost factor here?

Richard P. Wolfe II, Law Director:  I don’t know, I can’t speak about the cost of printing the ballots.

Glen Stewart:  Are we responsible for that?  It was confirmed over here. Anything that is put on the ballot, we are billed for.

Robert M. Valentine W2:  No I am talking about changes to the Charter.

Richard P. Wolfe II, Law Director:  Well there is no charge to change the Charter.  I do not know what the current balloting system; you would have to talk to the election board about that.  Changes to the Charter would not be a big problem there.

Mayor Strine:  Just to reprint the Charter.

Glen Stewart: I do not think you will be queried any longer; if you have something else better that you need to do?  If the Mayor sees it.  But you have to ask his permission to leave.

Fire Chief Mark Burgess:  For the Fire, we have three Assistant Chiefs, five Captains. They have always appeared to have dedicated their lives to serving in the event of a fire. None of them have college degrees.  So if you have a requirement calling for that, they don’t have time for that.  This is kind of a. I can see where you could put this thing on a hold pattern till next time you change the Charter and just give them a little bit of notice.  

Glen Stewart:  Well I don’t think anyone said there is going to be a degree required, that is for the Civil Service Commission to establish and that is where the open meetings come for input into that.  They are not going to listen to me anymore then they would listen to anyone else is my opinion.   That is something for those who have interest in it, Mr. Chorpening should, if this goes to a ballot, there is nothing in here that defines the criteria.  It would then revert to the Civil Service Commission to establish the testing criteria.  As I see it, this does not rule anyone out.  But it does open it up to others that could qualify.  Is that accurate?

Glen Stewart:  Number #3- Minimum qualifications for the Finance Director’s position.   The question that we came up with; What is the impact, what would the impact be on this election?  I am going to rely that Mr. Wolfe would kick me under the table but I conferred with Mr. Wolfe and the filer, those that file for the position to be on the ballot this November, filed under the current criteria that is defined in the Charter and there would be no impact to the person that should win the election and be installed, to take office next January.  If we put this on the ballot and the criteria passed, then the following election.

Richard P. Wolfe II, Law Director: Well it would apply to anyone who after that election because it could be a vacancy and criteria would apply to filling the vacancy as well as the next election. So it wouldn’t apply to the November election.  

Glen Stewart:  Would it apply to if someone ran for re-election, would it apply to them?

Richard P. Wolfe II, Law Director:  Certainly.  

Glen Stewart:  So the new criteria would not impact the January 2008 assumption of an office but if this passed, would any ensuing person that takes office?

Richard P. Wolfe II, Law Director: Yes. Which in part sort of indicates that that particular issue is not as perhaps as urgent as, maybe urgent is not the right word, not as time warranted as.  And bear in mind, you can change the Charter at any time; It is not just a once every 7 year process.  The review is a minimum of every 7 years.  You could appoint a review committee every year if you wanted.  You could propose a change every year if you wanted.  This isn’t just a do it now or you will be stuck for the next 7 years type of thing.  You have this ability at any time.

Robert L. Valentine W1:  But you have to put it before the people?

Richard P. Wolfe II, Law Director:  Yes but you can do it every year.

Robert L. Valentine W1: What was the original, I don’t have that.  What do we have as far as qualifications for Finance Director?

Paul Wertz W4:  There are no qualifications.

Richard P. Wolfe II, Law Director:  You have to be a resident elector.  

Robert M. Valentine W2: No felonies.

Glen Stewart: Number # 5.  A recommendation that Council pursue combining the City/County Health Department.

I did not contact Mr. Sanders.  He made a presentation.  It may be of concern to this Council to determine the actual monetary impact to the City of Ashland, either positive or negative before we make a decision.  I think Mr. Sander’s words were “It’s Working”.  He doesn’t have a problem with hit.  There are some duplications of                                                                         jobs, but I don’t know how much efficiency in dollars and cents would be gained.

Paul Wertz:  He also said, it is working well for him.  There is no problem with him, but maybe with a new Director in wouldn’t work.

Ruth Detrow:  One thing we would have to do for sure if we decided, and I personally feel it is good move to pursue this but if we did that the commission did not word any kind any change in the Charter and I know that Al said there had to be some kind of Charter Change to allow that.   So if we were going to allow the single instead of the two that we have now, could we ask Mr. Wolfe to do that?

Robert L. Valentine W1:  Well I think Glen is concerned with Finances here too right?

Richard P. Wolfe II, Law Director:  I prefer you decide whether you want to do that before I try to develop the wording for you.  If that is the way you want to go and then we will obviously have to find and prepare some language because you will have to pass an Ordinance.  

Robert L. Valentine W1:  I think there are some problems we have to go through because of the County level and directly out of the City who pays money.  I don’t know if that creates a conflict or not.

Richard P. Wolfe II, Law Director:  You may want to look at these.  Even though this has appeared down list, you may want to prioritize some of these and say look these are the 2 or 3 or 4 that we want to do now and maybe we want 2 of them for further study, we can put them on the ballot next year.  You can look at these in any fashion that you choose and so if this is something that requires some further information, further study, if you have time to do it fine, if you don’t, then you can defer it to the next time. I am not suggesting that you do that.  You just have those options.

Paul Wertz:  On the cost Al brought up about the millage of the township, he said the City could go that route too, but if you pass the millage, you have to put that on the ballot too right?  So you would have to have two different things to go on the ballot at the same time if you want to combine the City/County Health Dept.

Richard P. Wolfe II, Law Director: Well, if one passes and the other doesn’t, then you have a funding issue.  

Glen Stewart:  Do you dare tie something like that together?  Money issues from the Administrative issues.

Richard P. Wolfe II, Law Director:  No.  It would be separate issues.

Ruth Detrow:  So what we need to do is decide to do it or not and then decide to fund it?  If we are going to study very carefully how much it will cost and the various options of funding.  I do not think we can get ready in time. Maybe it will have to be delayed a year.

Richard P. Wolfe II, Law Director:  Mr. Sanders mentioned that he pulled out the same proposal pretty much intact from before, so it is an issue that has been out there and it is still there.  If it is a direction that Council wants to go, it certainly can move in that direction but it is going to require some careful planning and coordination and it might be something that needs a year lead time before it became effective so that everybody can plan for the change over.

Ruth Detrow:  You were saying that this would have to be separate issues.  Is there any way the question, do we want to do it? can be answered and then be worried about how we are going to do it?  

Richard P. Wolfe II, Law Director:   I don’t think a levy is necessarily mandatory.  You would have to find money in the budget and we already have money in the budget.  

Robert L. Valentine W1:  The next question would be Boards.

Richard P. Wolfe II, Law Director:  Well, we wouldn’t have a City Board.  

Paul Wertz: We would have one representative from both sides.

Robert L. Valentine WI: Would you have a certain amount or certain percentage from the City sitting on the Board, since you are like 40% of the population, 40% of the Board.

Paul Wertz:  The city would have 2 representatives on the Board, if it passes.

Glen Stewart:  Currently, the Mayor of the City appoints 5 boards of health members, is that accurate?

Mayor Strine:  That is correct.

Glen Stewart:  I am trying to find the number that Ashland County consists of 15 Townships and 8 Villages.  The chairman of each Township Trustee and the Mayor of each Village and the Chairman of the Board of Commissioners make up the Ashland County District Advisory Council.  

Paul Wertz:  Right now, the City has five and the County has five, right now the way it is.

Robert L. Valentine WI: My point is, the idea that I understand what you’re saying, I don’t remember the two.   If you are dividing the money, do we provide more money than the County does?     The millage isn’t that much.  If we do provide that money, then I think you ought to have representation on that board.

Paul Wertz:  Board members on based on population of the township or municipality.  I probably said two.

Robert L. Valentine WI: I guess the way I am looking at it, you handle about 40% of the population of the counties about 53,000.  You have about 21,000, and you only have 5 people?

Glen Stewart:  The funds available are in this presentation.  2005 the funds available were 1,126,723.00 dollars.  I have it hand written in here that we pay between 350,000.00 to $400,00.00 dollars.  

Anna Tomasek: In 2005 we paid $244, 802.00 dollars.

Glen Stewart:  What do we have budgeted for this year Anna, do you have that?

Anna Tomasek:  2007 Appropriations is $281,812.00.

Robert L. Valentine W1: What do they provide through their levy?

Anna Tomasek:  That is County, I don’t know that.

Glen Stewart:  I am just looking at funds available.  If it is the direction of this Council, I will sit down with Mr. Sanders and ask additional funding questions.

Cherie Helterbridle:  Would this mean that all employees would be hired by the County and they would all be County, because right how part of them are paid for by the City and part of the Workers Comp is by the City.

Glen Stewart:  Number #6 Clarification in Section 21 and 73 Emergency Ordinances add wording see attachment #6 Wording suggested and approved by Committee to clarify to the general public (can I have a note at the bottom)” Law Director will explain.”

Richard P. Wolfe II, Law Director: I discussed this with the Charter Review Commission and I indicated to them, I didn’t really see much of a need for this. It is sort of a distinction without a difference.  What we do is consistent with the language under state law and it has been that way for a long, long time.  I just don’t really see a particular need for a change.

Robert L. Valentine W1:  You know Rick when I first came on Council and I asked that question, I called and talked to you and you explained that to me and as we talked about this more and more, the public at large understands it.  I kind of agree with you.  I like what we have here.

Ruth Detrow: If we wanted to change it though, we could legally?

Richard P. Wolfe II, Law Director:  Sure.  As long as it is not in conflict with State Law and as long as it doesn’t create some kind of legal conflict.  It is just changing some wording.  Is it possible to do?  Yes.

Glen Stewart: Number 4.  Remove information in the Charter for the Mayor to be the Safety Service Director and City Council establish a new Safety Director to be recommended by the Mayor and approved by City Council.  See Attachment taken from Ohio Revised Code.

Safety Service Director position.  Need to identify the scope of this position.  This is to alleviate or remove from direct management some areas that the Mayor now has, if I understand it.   

Mayor Strine:  To be honest, I am not real sure exactly what that does.  

Glen Stewart:  There at least two persons here that served on the Charter.  Would either of you like to comment I could say unofficially from your Board because your board isn’t here, but would you like to comment on this for us?

Dr. Dorothy Stratton:  At the Work Session, I said I felt when the Mayor came to speak to the committee that he was saying that there was that particular role which required some specialized expertise like he always had and I am not sure what all of the different duties are but that could be taken aside and I took it to be a Public safety Director.  Now the last time we were talking about /Services.  If it is Public Safety or Public Service, I don’t know which it was but at any rate, yes it would be a new position but it would not take anything away from the Mayor.  Yes it would be a new position but it would not take anything away from the Mayor.  It is not to create a figure head Mayor and then all of the other administrator tasks would go someone else, it would actually be another position.

Robert L. Valentine W1:  I think what you do though if you do this, you change our system from strong Mayor to weak Mayor.  You are giving the authority to the City.

Dr. Dorothy Stratton:  Yes that person would still answer to the Mayor, as I understand it.

Glen Stewart:  Mr. Wolfe has found in the Charter what the definition is.

Richard P. Wolfe II, Law Director:  Well there is another section that might be helpful in addressing this concern of the review commission and I don’t know if your committee considered section 23 which is administrative powers of the city and when Mr. Stewart and I were discussing this last week, we reviewed that section, it says the executive and administrative powers of the city shall be vested in the Mayor, Director of Law, Director of Finance and Public Record and such other Executive and Administrative Officers as are provided for in this Charter or may be fixed by Ordinance of Council.  So it seems to me that if there is a need to provide some administrative assistance to the office of Mayor, for Mayor to delegate some of his duties or responsibilities that the capability exists now for Council to create that position by Ordinance and when I met with the Charter Review Committee, I don’t think we talked about that particular issue and I don’t know that I had focused in on section 23 until just recently when I met with Mr. Stewart.  Depending on what the objective is, what the goal is.  If it is to alleviate some of the administrative duties of the Mayor to create a position where by he could delegate some of those responsibilities and perhaps either be appointed by the Mayor; Council certainly has the ability to create that position and of course by as a matter of necessity funded as well.  And depending on your objective that may solve that concern.                                                                                                                          

Mayor Strine: And I think Dorothy is correct in what she said about what I said at that meeting.  My issue is that right now decisions made on the water and sewer mainly and other departments would fall under this category too.  Right off of the top of my head, I can very clearly remember decisions that I have to make regarding Water and Sewer.  And what does Bill Strine know about Water and Sewer?  The reason I was suggesting that somehow there is an administrative person who is hired by the City to run those departments that has more qualifications than the individuals do now.

Ruth Detrow:  That would be the job of Service Director.

Mayor Strine:  You might be right Ruth; I am not sure what the definition of Service Director is.

Richard P. Wolfe II: If you are splitting the Safety and Service, Safety is Police, Fire.
Right now the Mayor relies on his Division Directors for those areas of expertise.

Mayor Strine:  I think there is a need in this day and time to have a very professional person who understands these issues that come up dealing with Water and Sewer.
I don’t know how we go about accomplishing that.

Ruth Detrow:  Is it possible to pass an Ordinance that would say that the Mayor would appoint a Safety Service Director.

Richard P. Wolfe II:  I think you could create the ability for that to happen without a Charter Change you can’t take powers away from the Mayor that the Charter gives him.  The Mayor would have to be on the same page with Council and want to implement what Council is suggesting if you wanted to do it by way of Ordinance.  If there is a conflict between thinking the Mayor and thinking of Council on that then it might not work.  

Robert M. Valentine W2:  What you are saying, the Mayor would have to want to relinquish those things, delegate in order for that to work?

Richard P. Wolfe II: Right that is another way of putting it.  

Ruth Detrow: Well if there were a difference of opinion between the Mayor and this Director, the Mayor would still prevail because he is the Chief Executive.

Paul Wertz W4:  Wouldn’t basically the Engineer qualify with it for that in that area?

Mayor Strine:  Well I think if Jim were here he would tell you that some of those areas are very highly specialized.

Richard P. Wolfe II:  What you are asking is Yes, in affect he is kind being that for you to the extent that he is able.  And in many instances we hire consultants for specialized things because we need that special expertise. We are talking about two different things.  You are talking about day-to-day operations vs.

Mayor Strine:  A good example is that: I believe we need a person who looks at these Water and Sewer divisions and is able to look down the road and see what we need to have done and understands all of the technically and scientific issues that are dealt with and I think that if you check with other cities that you will find that they have individuals who have degrees in those things, not only in that but they have the ability to look at the income side of it as well as the expense side of it.  Right now, I don’t mean this the wrong way towards anybody it is just that I am going to be telling you folks in the near future that you need to consider a Water Rate Increase and a Sewer Rate Increase and that is just Bill Strine talking.  I would assume that you would want an expert to tell you these things.  I wouldn’t go outside and have a study done, you know how that goes and we could have studies done.  

 
Richard P. Wolfe II: With regard to this issue, I think you have to identify exactly what you want to accomplish, what your objective is and then we will decide whether it needs a Charter change or you can implement it under the existing provisions.   This is a major policy issue and something that you are going to have to clearly identify what it is you want to accomplish.

Glen Stewart:  In reality what the Charter Review Committee has done is brought these to our attention and it is already getting more attention right now than it would have without that being brought to us and whether we put it on the ballot or do something else with it.  I think it has served a good purpose here tonight.

Robert L. Valentine W1:  I would think if we were getting a lot of gross population increase it would make more sense to me if that was happening.  I would understand that.  

Glen Stewart:  It may be that the Federal and State guidelines that seem to govern anything we do Water and Sewer today are extremely extensive compared to when we were at 18,000.00 instead of 20,000.00.  It has changed drastically and you have probably all heard me use the analogy that a Superintendent of any schools does not normally have the ability to step down and teach every class but he should have the management ability to bring in the expertise for the individual process and that is something that our managers are so widespread.  They don’t just teach history or math they have to business oriented, they have to be knowledgeable of all of the elements of the government operation and when they look down the road to the future, they have to take these things into account plus manage the everyday operation.  That may be where we need to take a look at and again I think this has brought this to the surface for us and you know we don’t have to act on this today or tomorrow.  I think Rick’s point was extremely valid.  We have some in front of us that may make a lot of sense to move forward.  It is to be filed on August 23, 2007 and we would have to pass those and we don’t normally meet but we can.                 
Mr. Wolfe, are there any deadlines between when we would pass an Ordinance and the 23 before we could take it to the Board of Elections?

Richard P. Wolfe II:  It has to be passed and gotten to the Board of Elections by 4:00 p.m. on the 23 of August.

Glen Stewart: So we will have a meeting at 1:00 p.m. on the 23rd.  

Comments or Questions:  

Motion to adjourn the meeting by Glen Stewart, seconded by Robert M. Valentine W2.
Ayes:  Bob L. Valentine W1, Bob M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

ADJOURNED AT 9:25 PM

                                Submitted by
                                Valarie F. Bishoff
                                Clerk of Council