Ashland City Council MINUTES FOR THE REGULAR SESSION OF COUNCIL June 5, 2007 Council at Large President, Glen Stewart, called the meeting to order at 7:00 p.m. ROLL CALL Ward 1: Robert L. Valentine Absent Ward 2: Robert M. Valentine Present Ward 3: Ruth Detrow Present Ward 4: Paul Wertz Present At-large: Glen Stewart Present Motion to Excuse Robert L. Valentine W1, Moved by Paul Wertz, seconded by Ruth Detrow Ward 3. Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart PLEDGE OF ALLEGIANCE PRESENTATION OF MINUTES May 10, 2007 Charter Review Committee; May 10, 2007 Work Session; May 15, 2007 Regular Session; May 17, 2007 Charter Review; May 24, 2007 Charter Review; May 24, 2007 Work Session. No additions or corrections: Moved by Wertz to be accepted, and seconded by Valentine W2 to approve the minutes as received. Ayes: Valentine 2, Detrow, Wertz, Stewart. COMMENTS OR QUESTIONS FROM THE AUDIENCE: (Items not Included on the Agenda). NONE. LEGISLATION Ord. Item (a) AN ORDINANCE AUTHORIZING CERTAIN LAND BELONGING TO THE CITY OF ASHLAND, OHIO TO BE SOLD THROUGH THE COMMUNITY IMPROVE MENT CORPORATION; AND DECLARING AN EMERGENCY; 2ND READING. Moved by Wertz and seconded by Ruth Detrow, to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time. Nays: Robert M. Valentine W2 Ayes: Ruth Detrow, Paul Wertz, Glen Stewart. Glen Stewart: I need a comment from our Law Director that, do we have an acceptance of. This Ordinance was brought to us. It is an Ordinance to sell 26.59 acres of land located on the East side of Route 250, AKA The Ashland Business Park, across the road from the main Business Park. It was brought to Council at our last meeting; we went into an Executive Session to discuss the sale of land and came out and it was voted on a single time. We did not suspend the rules for 3 separate readings, 3 separate evenings; thus is brought back up this evening and I would offer the Council’s wishes on this. Are there any questions from the audience on this particular piece of legislation? Kay Conrad: Glen, will this go for a vote to the public, or will this be settled here? Glen Stewart: No, this will be settled by the Council ultimately. Either it will be Yes we will sell or No we won’t sell. Questions or Comments? Moved by Ruth Detrow the Ordinance be passed on the second reading, seconded by Paul Wertz, Nays: Robert Valentine Ward 2 Ayes: Ruth Detrow W3, Paul Wertz W4, Glen Stewart Glen Stewart: Will there be a motion to suspend the Rules this evening for a 3rd Reading? Paul Wertz W4: Rick we can’t, can we with 3 people? Richard P. Wolfe II, Law Director: Well, you can. You don’t know how the vote is going to come out. At this point, you have enough people here that it could pass. Motion to suspend the Rules by Paul Wertz, seconded by Ruth Detrow. Nays: Robert M. Valentine W2, Glen Stewart Ayes: Ruth Detrow W3, Paul Wertz W4 Richard P. Wolfe II- Law Director: Obviously, that has failed. Glen Stewart: This particular Ordinance will come back on the Agenda for the 3rd reading, the second Tuesday of this month, which will be the 19th. The Ordinance will come back up for Council’s ultimate passage or rejection of this item to sell the land through the Community Improvement Corporation. Questions or Comments? Ord. 35-07 Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE KROC CENTER WATER MAIN PROJECT IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY Moved for non-reading in full by 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: Valentine 2, Detrow 3, Wertz 4, Stewart- Council at Large. Comments: Jim Cooper: This Kroc Center has a 12” Water Line that we are proposing and it does come out near Steele Avenue up to the Kroc Center. It will improve Fire safety and the water pressure in that overall area; Glen Stewart: Will this water line go directly onto their property or to their property. Jim Cooper: The water line will be extended to Hale Avenue to the North and connect right there. Questions of Comments? Glen Stewart: I see that this is an estimated $80,000.00 dollar project and this will go out for bid Mr. Cooper? Jim Cooper: Yes Sir. Motion to accept the Ordinance by Robert Valentine W2, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move to suspend the rules by Glen Stewart, seconded by Paul Wertz to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Glen Stewart: Mr. Cooper, when will this probably be, will it happen yet this summer? Jim Cooper: Yes Sir. Motion to adjourn for a Hearing, by Glen Stewart, Moved by Paul Wertz, seconded by Robert Valentine W2. Ayes: Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Jim Cooper: Initially we had discussed the CDBG projects for this year and had given the handouts to all Council members to look at and along this Agenda sheet, need money for Fair Housing, Public service, and Sanitary Sewer. On the 31st of this month, 9th Street came in with a request for money to help them with landscaping and trees and it came to about $16,000.00 dollars. I contacted the CDBG people, Kerry King is our representative in Columbus and she is working on this. I hope to hear from her tomorrow. At that time, if it is all right, I would like to consult with Council members to see your thinking on that. Initially she thought it might not be applicable but she is checking with other people to find out whether this would be under the CDBG guidelines. Paul Wertz W4: Would that be low to moderate down there? Jim Cooper: That is just part of the problem is why just for the building and this has to do with the trees and planting. It may not come under this criteria. So that is what they are taking a look at. And to be honest with you, when you read all of the information, go through and read the other and see if qualified to make the recommendations. Glen Stewart: Mr. Cooper, as it stands today, or as the document that we have is Fair Housing $1500.00, Public Service $6338.00 and Sanitary Sewer replacement at $78,162.00. If this $16,000.00 were found to be to fall within the guidelines of the CDBG guidelines, would that $16,000.00 go in here and diminish another area or a portion of it. Jim Cooper: Yes sir. It would diminish not only the sanitary sewer replacement. The other possibility is it would consider public services and total public services will only last from 15 %. So it may be something that they say is approvable and we might be able to up it another $7,000.00 for public service and reduce sanitary sewer by that much. Glen Stewart: Will we have another hearing on this? Jim Cooper: No sir. That is why I was hoping that we could let you members know and then by 10 days prior to our next meeting, we need to get this published in the paper. I hope to know tomorrow and if I could, call people and get their thoughts and information. Glen Stewart: I have no problem with being called on it. I guess I struggle with probably what the CDBG people are struggling with Sewers, Public services and Fair housing vs funds. It is wear the rubber meets the road for me. I do not know how the rest of Council feels about that. Ruth Detrow: Well I guess I would disagree. I think that Clinic needs to be up and running and complete and I think they do a great service for our community so I respectively disagree Mr. Stewart. Glen Stewart: Well that is perfectly all right. We can even have a cup of coffee after that disagreement if we wanted. Mr. Valentine any thoughts you want to share? Robert Valentine W2: I do not have a problem. Paul Wertz W4: I will just wait to see what Jim finds out. Comments or questions? Motion to move back into Regular Session by Glen Stewart, Moved by Paul Wertz, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Ord. 36-07 Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT FOR THE DRILLING OF A TEST WELL IN THE VICINITY OF THE JEROME FORK RIVER NEAR COUNTY ROAD 1175; AND DECLARING AN EMERGENCY. Move for non-reading in full by Paul 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: Valentine 2, Detrow, Wertz, Glen Stewart. Comments : Jim Cooper: This will be a test well. We are proposing going down 300 feet and Bruce and I have discussed this possibility that to locate more water for our well systems to have water that is compatible with what we are using now, this is very close to our distribution line. More water for the city. Ruth Detrow: Mr. Cooper assuming if the well comes in positive and successful, do you then expand that well or do you start all over again close? Jim Cooper: We would use that well as a monitoring well and come in fairly close to that area and perhaps a 10-12” well and then we would do pump tests and we would be able to monitor with this well. And from that they could say what the sustainable yield was so we know how to size the pump and make sure we get plenty of water we need to make it feasible. It won’t be a waste and the knowledge we are going to gain from it will help us to decide whether we want to put it there. Questions or comments regarding the Test Well? Mayor Strine: I would like to emphasize, this is an ongoing process for the city. It has been and always will be to improve our Water system. It is not that we have any concern about the quantity of water, but is available to us now. Mostly, and correct me if I am wrong Bruce or Jim, but the fact a lot of it has to do with if we switch wells from time to time and this would improve the system. Bruce Wiser: We have just got to be always looking for new Well sites. Glen Stewart: Keep in mind that the Reservoir that you continually hear about and would want to continue letting you hear about it, is not going to happen today or tomorrow. A Well could be in production if everything went well in what length of time Jim? Jim Cooper: By the end of the year. Glen Stewart: And if we were to start a Reservoir with the plan that has been proposed, in how many years, about? Jim Cooper: 4-5 years we could have a nice hole in the ground and a nice Reservoir and we keep expanding that. Glen Stewart: So this is something that has already been expressed by the Mayor and Mr. Cooper it is something that needs to be done to sustain and make sure we have an adequate water supply, not that we are concerned about the water supply today and the reason we are not concerned is because this kind of a process has been ongoing for years. Comments or questions? Motion to pass this Ordinance on the 1st reading by Glen Stewart, Moved by Bob Valentine W2, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move to suspend the rules, 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: Valentine 2, Detrow, Wertz, Stewart. Move that the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow. Ayes: Valentine 2, Detrow, Wertz, Glen Stewart Ord. 37-07 Item (d) AN ORDINANCE RATIFYING THE ADVERTISING AND BIDDING FOR A CON- TRACT FOR A TRAFFIC SIGNAL FOR THE CLAREMONT AVENUE/ MIFFLIN AVENUE INTERSECTION IN THE CITY OF ASHLAND; AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CONTRACT FOR SAID TRAF- FIC SIGNAL; REPEALING ORDINANCE 86-06; AND DECLARING AN EMERGENCY. Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow. Ayes: Valentine 2, Detrow, Wertz, 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. Comments: Jim Cooper: This basically is to, if Council passes this, we could get this done by September in that time frame. Glen Stewart: Mr. Cooper could you explain a little bit of what the enhancements will be with that new traffic signal at that intersection? Jim Cooper: Lighting, it will cut the electricity usage at 80%, something like that. You will have brand new hardware and we will have a left turn lane going south onto Mifflin Avenue. Questions or Comments? Robert Valentine W2: Will it be like the newer ones with the camera so late at night when a car pulls up it will automatically cycle? Jim Cooper: No. Moved the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert Valentine W2. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move to suspend the rules by Paul Wertz, 3 separate meetings, 3 separate nights, seconded by Robert 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: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move the Ordinance be passed by Paul Wertz, seconded by Glen Stewart. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Ord. 38-07 Item (e) AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SER- VICE TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE WICK AVENUE 24” STORM WATER PROJECT WITHIN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY. Move to non-reading in full by Paul Wertz, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Jim Cooper: This project is important in that we have one 24” Storm pipe going under the railroad. If something would happen to that pipe, the area of town there at the end of Wick Ave., that whole area, could be in serious problems as far as the backing up of water that we would have to obviously get the pumping trucks and everything else. At the age of the existing pipe, we felt we had better be pro-active and get another pipe in there 24” along side of this so that if we have heavy rains, we are sure that we can get the water across the railroad track yards. We think it is a good project. Glen Stewart: Mr. Cooper, have you not been out there when it has been backed up in the past? Jim Cooper: Yes sir. Glen Stewart: I mean it is not something, I agree with you; it is pro-active and somewhat reactive to extreme conditions. Jim Cooper: I think that is probably a good way to put it. We are trying to solve the problem. Ruth Detrow: You will be putting this second one right beside the first one? Jim Cooper: Close to it. Questions or Comments? Motion to move that the Ordinance be passed on the first reading by Glen Stewart, seconded by Ruth Detrow. Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move to suspend the rules 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 Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart Move the Ordinance be passed by Ruth Detrow, seconded by Paul Wertz. Ayes: Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Ord. 39-07 Item (f) ACCEPTING THE DEDICATION PLAT OF DAUCH DRIVE, IN THE CITY OF ASHLAND, OHIO; CONFIRMING THE DEDICATION OF THE RIGHT OF WAY SHOWN THEREON; AND DECLARING AN EMERGENCY. Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Jim Cooper: This work has been completed, the roadway is in, and the utilities are in. This dedication plat, if approved tonight, will be recorded as the city has the responsibility for the construction. Glen Stewart: That actually runs up and includes the cul-de-sac? Jim Cooper: Yes sir. Glen Stewart: Okay, the cul-de-sac is the entry way to their parking. Questions or Comments? Move the Ordinance be passed on the first reading, seconded by Bob Valentine W2. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Move to suspend the rules 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 Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move the Ordinance be passed by Ruth Detrow, seconded by Bob Valentine W2. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Res. 7-07 Item (a) A RESOLUTION DECLARING IT NECESSARY TO REPLACE THE LEVY OF TAX IN EXCESS OF THE TEN-MILL LIMITATION. Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Mayor Strine: It is basically a replacement levy and it is a levy that has been in affect for 40 years and it is necessary for us to operate our Park system and I can only say that without it we would be in deep trouble in our Park system. So I hope that Council will support this and I hope also the citizens will support this when it comes on the ballot in November. Paul Wertz: It is the same that it has always been right? Same Millage? Glen Stewart: No change in millage. It is ½ Mill. Questions or Comments? Move the Resolution be passed on the first reading, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move to suspend the rules, by Paul Wertz, seconded by Glen Stewart to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move the Resolution be passed by Ruth Detrow, seconded by Bob Valentine W2. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Res. 8-07 Item (b) A RESOLUTION AUTHORIZING AND RATIFYING THAT THE CITY OF ASH- LAND MAKE APPLICATION FOR A GRANT FROM THE FEDERAL EMER- GENCY MANAGEMENT AGENCY’S U.S. FIRE ADMINISTRATION 2007 AS- SISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG); AND DECLARING AN EMERGENCY Move for non-reading in full by Paul Wertz, seconded by Ruth Detrow. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Mark Burgess, Fire Chief: This Grant is an annual Grant by the Federal Government, 10% match that we would be able to deal with and our budget, we are going through our inoperability equipment and to help support the equipment we already have. We applied for this Grant in the last 5 years, 2002 was the last time that we had received it. It is competitive and you compete with all of the other Fire services in the Country. They look at population, need and everything else. The actual funding for it has decreased over the years. It started out at $750,000.000.00 million for the whole country and it is down to about 634, so they are decreasing the amount and the number of applicants have increased but it is worth a shot. Glen Stewart- Chief, is there any inclination in your mind that is a kind of rotational thing or does it start all over every year? Mark Burgess: It starts all over every year. The screening process, unfortunate the last year I was invited to Emmittsburg to participate in a, it’s a peer review. It is a good process, a solid process that is fair. It is based on need and there is a scoring document that is pretty objective, everybody gets a fair shot each time they apply. Comments or Questions? Howard Scanlan: Do any of those monies go to anything about emergency evacuation and planning? Routing and Signage? God forbid we have to, but I really haven’t seen any emergency evacuation routing or planning. Mark Burgess: No this is basically, they tightened up the projects you can do for it for this and based on equipment needs; communication. There are specific training needs. A lot of it is basic training that we already have as far as fire prevention bureau programs that we already have and wellness and fitness that we already have and then vehicles. It is very specific on what you can apply for and routing and evacuation things are not permitted. It is a good idea though. Questions or Comments? Move the Resolution be passed on the first reading by Ruth Detrow, seconded by Glen Stewart. Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move to suspend the rules, by Paul Wertz, seconded by Ruth Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move the Resolution be passed by Ruth Detrow, seconded by Paul Wertz. Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart. Glen Stewart: That concludes the Legislative portion of our meeting this evening. The next area we are going to move into will be Ward Reports. Ward Reports: Ward 2: Robert M. Valentine (a) I turned some stuff over to Mr. Wolfe and I know he will help me. Ward 3: Ruth Detrow (a) Complaints of Cable TV (b) Sidewalk discussion (c) Received a letter from a person that suggested putting sidewalks in should be a matter of pride, historic interest and maybe even fun and she was remembering the “Keep Sweet” things on the sidewalks. I think most of you know what those are. Her suggestion was, why don’t we do that again? Make it a positive thing instead of such a terribly negative unpleasant thing. I offer that suggestion. It wouldn’t be very much for a contractor to buy a stamp that would do that. Ard Blackford I believe was the man who was a contractor, cement contractor and put those everywhere around town I guess maybe to remind people that it is kind of nice to be nice to each other. Glen Stewart: This is something new to me. I have not seen that before that I am aware of. Ruth Detrow: Have you ever seen a sidewalk that had “Keep Sweet” stamped in it? Glen Stewart: Not that I am aware of. Ruth Detrow: Well you better start looking down Mr. Stewart. Mark Burgess: Workman Concrete still stamps that. They did it for my drive way and I didn’t ask for it. Ruth Detrow: If you walk down Walnut Street, there is some there and any of the older parts of town and apparently some of the newer parts did that. Glen Stewart: I will take that walk, Thank you. Ward 4: Paul Wertz (a) I had some problems, I gave it to Rick and he is taking care of it. (b) Phone call about annexation into the City and I talked to Jim Cooper and he is going to look into it for us. (c) 1218 Myers Ave.- 2 big trees in the Tree Lawn tearing up the sidewalk and was wandering if the arborist would take a look at them and do something with them. So will you pass it on to the Arborist so he can take a look at them? Council At Large President: Glen Stewart (a) I talked to Mr. Cooper about both of these and one of them I need to talk to you Jerry. Redwood Drive out by H & H and there was a lot of dirt on the ground and I understand you are going to go out there with a sweeper? Jerry Mack: Our new sweeper has been down. Thursday we should be able to go out there. Glen Stewart: Thank you. I have had a very recent experience in my own neighborhood about a new home going up and I can tell you and I would tell any contractor. The workmen never left their site at the end of a workday with dirt on the street. It can be done and it is an effort and the general contractor asked the neighbors to call him if we saw dirt on the street. He did not expect that his subcontractors would dirty up the street. Whether with a truck, whether it was tracking mud out of the site and they didn’t. I think that is admirable and maybe generally accepted that if you are doing a construction site that it is going to be a little crummy, but it does not have to be. And in established neighborhoods, I think it shouldn’t be. It should be kept up. It can be done. It would not cause us to have to run a street sweeper out to clean up after somebody’s work. There even may be a remedy to that in the Building permit process, maybe someday we will talk about how to handle that. The other one is at Stone Creek and Mr. Cooper and I talked about this. There is a significant amount of damage at the far end of Stone Creek where it takes a right turn to the end. Mr. Cooper is working with the appropriate people. A lot of fill dirt had to be hauled in and the street would not take it where they ran up over the curb and it has done a significant amount of damage and I appreciate Mr. Cooper that you responded very quickly today and has been working trying to get that resolved. Robert M. Valentine W2: I also talked to Mr. Cooper before the meeting about a couple of things and he is looking into them for me. I did not want you to forget that I have talked to you. Glen Stewart: No, It is in the Minutes. And we don’t need them in the Minutes, Mr. Cooper responds to us very well. OLD BUSINESS: None. NEW BUSINESS (a) Copy of the Letter that was sent to Mr. Dex Sedwick from our Law Director, Mr. Wolfe regarding the proceedings in the Cable TV (Armstrong) open readings, and no response as to date. We have asked for a response for no later than the 1st of July, 2007. (b) Charter Review Committee is prepared to make some recommendations for new language and updates to the Charter and will submit them to us this evening. We do have copies of them and I have a cover letter that was addressed to the Council Persons and signed by the Committee members of which we sincerely appreciate the efforts that all of you have put in and I have to tell you I served on one, Charter Review many years ago and the diligence of which you appeared to have done this is admirable from my viewpoint (Glen Stewart). It is very structured and you have brought forward several items that this Council will review and take action on at least some of them. I give the floor to Ken Seidner. Ken Seidner: As Chairman, Glen; I want to thank everyone on this committee. Everybody was very congenial about it. They were very prompt. We got through this process without any animosities. I don’t think I need to read this letter to you, you have gotten that. It is on record. The recommendations, I will just touch on those. Basically make the Charter gender neutral, recommending changing the Charter to allow outsiders to apply for the Fire Chief and Police Chief positions when they become available. Add qualifications to the Finance Directors positions. Remove or add information to the Charter to make way for position of Safety Director to alleviate some of the burden that is on the Mayor currently. Recommend, this was really started by Al Sanders, but recommend that Council pursue this combining the City/County Health Departments if possible and finally, Clarify language in Sections 21 and 73 of the Charter as it affects the City Emergency Ordinances. We came up with some suggestions of wording that is in our packet but again we want to thank all of you folks and all of the Department Heads, the Employees of the City for the information in working with us in this process. It was a fun thing really to do. Our meetings were pretty orderly. Unlike serving on the last one. Some of those meetings went on forever. We got through that. Being helpful were the Minutes from this last time around were available to us. We recommend that you folks keep those for the next committee that gets together. In fact the last 2 times things that both of them bear being worked on. There are some additional things that we think that any future committee should look at, one of those are of possibility adding 2 additional Wards to Council because the City has grown. It is one of the things we did not go into depth on that I think needs to be looked at in the future. Again we want to recognize Valarie for her help in this process. She took excellent Minutes and did a lot of our roadwork and leg work for us and we appreciate that. Glen Stewart: Ken would you like to introduce those members that are here this evening? Ken Seidner: I will just ask them to stand and introduce themselves: 1)Kay Conrad 2)Elizabeth Hipp 3)Dennis VanScoy 4)Bernard Sargent 5)Howard Scanlan 6)Nevin Bowers 7)William Benz 8)Everett DeVaul-Absent 9)Dorothy Stratton- Absent 10)Ron Baker- Absent Glen Stewart: We appreciate what you have done. We will certainly give due diligence to what you have submitted to us and move forward. Thank you very much. I think the short meetings were due to meeting early in the mornings. Questions or Comments? Paul Wertz: I just want to thank all of you for taking the time to do this. Appreciate it. Howard Scanlan: It was a learning experience. (c) We are in receipt of some letters from citizens regarding the Baker property. We have received a letter from a citizen regarding City Cable coverage. (d) We have a packet, Mr. Cooper alluded to from the Ashland County Oral Health Services and that is the document he has for the Dental if it would be in the guidelines of the CDBG. Liquor Permit Request: New – Buehler Food Markets, Inc, DBA Buehlers, 1055 Sugarbush Drive, Ashland, Ohio 44805 Glen Stewart: This is a new permit, as I understand it. The options at this Council have available to us is we can either request a hearing on this issue, on this particular permit or we can request not to have a hearing. If we were to request a hearing, we can request that it be held at our County seat in Ashland or in Columbus, Ohio. I always refer back to our Chief of Police for any problems. That is the biggest single problem if there is a record of problems with a Liquor permit. We attempt to look into it. What is the pleasure of the Council this evening? Motion to Request no hearing by Paul Wertz W4, seconded by Robert M. Valentine W2 Ayes: Robert Valentine W2, Ruth Detrow W3, Paul Wertz W4, Glen Stewart, Council at Large President. So Valarie, If you will return that properly, no hearing is requested Thank you. Mayors Comments: Mayor Strine: Really no comments other than just reviewing the Work Sessions that we have scheduled on our Agenda. (a)Work session, Tuesday June 12, 2007 – Dan Scott presentation, regarding the recycling center. (b) Work session, to follow the Regular Session on Tuesday June 19, 2007- regarding the survey that was sent out with the water bill for the sidewalks. (c) Work Session, Tuesday July 10, 2007- to discuss the Transit system. Glen Stewart: Next Tuesday night is Dan Scott’s presentation on recycling. What would you think about this having some initial open dialogue to understand what we have received this evening following Dan’s presentation. The Charter Review. So we will add to that Work Session the initial review of the Charter amendments of changes that will follow after Dan’s presentation on Tuesday June 12, 2007 and then we will set subsequent meetings following that. Mayor Strine: I would like to ask to have an Executive Session regarding employee benefits. There will be no decision made and we will adjourn after that meeting. Motion to move into an Executive Session by Glen Stewart at 7:50 p.m., moved by Paul Wertz W4, seconded by Glen Stewart. Ayes: Robert M. Valentine W2, Ruth Detrow W3, Paul Wertz W4, Glen Stewart, Council at Large. Glen Stewart: We will move into an Executive Session, we will cover the comments relative to what the Mayor shared and there will be no decisions made within the Executive Session. We will come back out and move back into Regular Session and Adjourn. So there will be no more business actually conducted this evening. Motion to move back into Regular Session by Paul Wertz, Moved by Robert Valentine W2, seconded by Glen Stewart. Ayes: Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Move to Adjourn by Paul Wertz, seconded by Bob Valentine W2. Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart Adjournment Adjournment at 8:29 pm Submitted by Valarie F. Bishoff Clerk of Council RS6-5-2007

Ashland City Council

MINUTES FOR THE REGULAR SESSION OF COUNCIL
June 5, 2007

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

ROLL CALL

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

Motion to Excuse Robert L. Valentine W1, Moved by Paul Wertz, seconded by Ruth Detrow Ward 3.
Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES
May 10, 2007 Charter Review Committee; May 10, 2007 Work Session; May 15, 2007 Regular Session; May 17, 2007 Charter Review; May 24, 2007 Charter Review; May 24, 2007 Work Session.

No additions or corrections:

Moved by Wertz to be accepted, and seconded by Valentine W2 to approve the minutes as received.

Ayes: Valentine 2, Detrow, Wertz, Stewart.

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

LEGISLATION

Ord.
Item (a) AN ORDINANCE AUTHORIZING CERTAIN LAND BELONGING TO THE CITY
            OF ASHLAND, OHIO TO BE SOLD THROUGH THE COMMUNITY IMPROVE
            MENT CORPORATION; AND DECLARING AN EMERGENCY; 2ND READING.

Moved by Wertz and seconded by Ruth Detrow, to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Nays: Robert M. Valentine W2
Ayes: Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart: I need a comment from our Law Director that, do we have an acceptance of. This Ordinance was brought to us. It is an Ordinance to sell 26.59 acres of land located on the East side of Route 250, AKA The Ashland Business Park, across the road from the main Business Park. It was brought to Council at our last meeting; we went into an Executive Session to discuss the sale of land and came out and it was voted on a single time. We did not suspend the rules for 3 separate readings, 3 separate evenings; thus is brought back up this evening and I would offer the Council’s wishes on this. Are there any questions from the audience on this particular piece of legislation?

Kay Conrad: Glen, will this go for a vote to the public, or will this be settled here?

Glen Stewart: No, this will be settled by the Council ultimately. Either it will be Yes we will sell or No we won’t sell.

Questions or Comments?

Moved by Ruth Detrow the Ordinance be passed on the second reading, seconded by Paul Wertz,
Nays: Robert Valentine Ward 2
Ayes: Ruth Detrow W3, Paul Wertz W4, Glen Stewart

Glen Stewart: Will there be a motion to suspend the Rules this evening for a 3rd Reading?

Paul Wertz W4: Rick we can’t, can we with 3 people?

Richard P. Wolfe II, Law Director: Well, you can. You don’t know how the vote is going to come out. At this point, you have enough people here that it could pass.

Motion to suspend the Rules by Paul Wertz, seconded by Ruth Detrow.
Nays: Robert M. Valentine W2, Glen Stewart
Ayes: Ruth Detrow W3, Paul Wertz W4

Richard P. Wolfe II- Law Director: Obviously, that has failed.

Glen Stewart: This particular Ordinance will come back on the Agenda for the 3rd reading, the second Tuesday of this month, which will be the 19th. The Ordinance will come back up for Council’s ultimate passage or rejection of this item to sell the land through the Community Improvement Corporation.

Questions or Comments?

Ord. 35-07
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR
             OF PUBLIC SERVICE TO ADVERTISE FOR BIDS AND TO ENTER INTO A
             CONTRACT FOR THE KROC CENTER WATER MAIN PROJECT IN THE CITY
             OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY

Moved for non-reading in full by 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: Valentine 2, Detrow 3, Wertz 4, Stewart- Council at Large.

Comments:
Jim Cooper: This Kroc Center has a 12” Water Line that we are proposing and it does come out near Steele Avenue up to the Kroc Center.   It will improve Fire safety and the water pressure in that overall area;

Glen Stewart: Will this water line go directly onto their property or to their property.

Jim Cooper: The water line will be extended to Hale Avenue to the North and connect right there.

Questions of Comments?

Glen Stewart: I see that this is an estimated $80,000.00 dollar project and this will go out for bid Mr. Cooper?

Jim Cooper: Yes Sir.

Motion to accept the Ordinance by Robert Valentine W2, seconded by Ruth Detrow.
Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

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

Glen Stewart: Mr. Cooper, when will this probably be, will it happen yet this summer?

Jim Cooper: Yes Sir.

Motion to adjourn for a Hearing, by Glen Stewart, Moved by Paul Wertz, seconded by Robert Valentine W2.
Ayes: Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Jim Cooper: Initially we had discussed the CDBG projects for this year and had given the handouts to all Council members to look at and along this Agenda sheet, need money for Fair Housing, Public service, and Sanitary Sewer. On the 31st of this month, 9th Street came in with a request for money to help them with landscaping and trees and it came to about $16,000.00 dollars. I contacted the CDBG people, Kerry King is our representative in Columbus and she is working on this. I hope to hear from her tomorrow. At that time, if it is all right, I would like to consult with Council members to see your thinking on that. Initially she thought it might not be applicable but she is checking with other people to find out whether this would be under the CDBG guidelines.

Paul Wertz W4: Would that be low to moderate down there?

Jim Cooper: That is just part of the problem is why just for the building and this has to do with the trees and planting. It may not come under this criteria. So that is what they are taking a look at. And to be honest with you, when you read all of the information, go through and read the other and see if qualified to make the recommendations.

Glen Stewart: Mr. Cooper, as it stands today, or as the document that we have is Fair Housing $1500.00, Public Service $6338.00 and Sanitary Sewer replacement at $78,162.00. If this $16,000.00 were found to be to fall within the guidelines of the CDBG guidelines, would that $16,000.00 go in here and diminish another area or a portion of it.

Jim Cooper: Yes sir. It would diminish not only the sanitary sewer replacement. The other possibility is it would consider public services and total public services will only last from 15 %. So it may be something that they say is approvable and we might be able to up it another $7,000.00 for public service and reduce sanitary sewer by that much.

Glen Stewart: Will we have another hearing on this?

Jim Cooper: No sir. That is why I was hoping that we could let you members know and then by 10 days prior to our next meeting, we need to get this published in the paper. I hope to know tomorrow and if I could, call people and get their thoughts and information.

Glen Stewart: I have no problem with being called on it. I guess I struggle with probably what the CDBG people are struggling with Sewers, Public services and Fair housing vs funds. It is wear the rubber meets the road for me. I do not know how the rest of Council feels about that.

Ruth Detrow: Well I guess I would disagree. I think that Clinic needs to be up and running and complete and I think they do a great service for our community so I respectively disagree Mr. Stewart.

Glen Stewart: Well that is perfectly all right. We can even have a cup of coffee after that disagreement if we wanted.   Mr. Valentine any thoughts you want to share?

Robert Valentine W2: I do not have a problem.

Paul Wertz W4: I will just wait to see what Jim finds out.

Comments or questions?

Motion to move back into Regular Session by Glen Stewart, Moved by Paul Wertz, seconded by Ruth Detrow.
Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. 36-07
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
                 PUBLIC SERVICE TO ENTER INTO A CONTRACT FOR THE DRILLING OF A
                TEST WELL IN THE VICINITY OF THE JEROME FORK RIVER NEAR COUNTY
                 ROAD 1175; AND DECLARING AN EMERGENCY.

Move for non-reading in full by Paul 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: Valentine 2, Detrow, Wertz, Glen Stewart.

Comments :
Jim Cooper: This will be a test well. We are proposing going down 300 feet and Bruce and I have discussed this possibility that to locate more water for our well systems to have water that is compatible with what we are using now, this is very close to our distribution line. More water for the city.

Ruth Detrow: Mr. Cooper assuming if the well comes in positive and successful, do you then expand that well or do you start all over again close?

Jim Cooper: We would use that well as a monitoring well and come in fairly close to that area and perhaps a 10-12” well and then we would do pump tests and we would be able to monitor with this well. And from that they could say what the sustainable yield was so we know how to size the pump and make sure we get plenty of water we need to make it feasible. It won’t be a waste and the knowledge we are going to gain from it will help us to decide whether we want to put it there.

Questions or comments regarding the Test Well?

Mayor Strine: I would like to emphasize, this is an ongoing process for the city. It has been and always will be to improve our Water system. It is not that we have any concern about the quantity of water, but is available to us now. Mostly, and correct me if I am wrong Bruce or Jim, but the fact a lot of it has to do with if we switch wells from time to time and this would improve the system.

Bruce Wiser: We have just got to be always looking for new Well sites.

Glen Stewart: Keep in mind that the Reservoir that you continually hear about and would want to continue letting you hear about it, is not going to happen today or tomorrow. A Well could be in production if everything went well in what length of time Jim?

Jim Cooper: By the end of the year.

Glen Stewart: And if we were to start a Reservoir with the plan that has been proposed, in how many years, about?

Jim Cooper: 4-5 years we could have a nice hole in the ground and a nice Reservoir and we keep expanding that.

Glen Stewart: So this is something that has already been expressed by the Mayor and Mr. Cooper it is something that needs to be done to sustain and make sure we have an adequate water supply, not that we are concerned about the water supply today and the reason we are not concerned is because this kind of a process has been ongoing for years.

Comments or questions?

Motion to pass this Ordinance on the 1st reading by Glen Stewart, Moved by Bob Valentine W2, seconded by Ruth Detrow.

Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 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: Valentine 2, Detrow, Wertz, Stewart.

Move that the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes: Valentine 2, Detrow, Wertz, Glen Stewart

Ord. 37-07
Item (d) AN ORDINANCE RATIFYING THE ADVERTISING AND BIDDING FOR A CON-
              TRACT FOR A TRAFFIC SIGNAL FOR THE CLAREMONT AVENUE/ MIFFLIN
              AVENUE INTERSECTION IN THE CITY OF ASHLAND; AUTHORIZING AND
              DIRECTING THE MAYOR TO ENTER INTO A CONTRACT FOR SAID TRAF-
              FIC SIGNAL; REPEALING ORDINANCE 86-06; AND DECLARING AN
              EMERGENCY.

Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow.
Ayes: Valentine 2, Detrow, Wertz, 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.

Comments:
Jim Cooper: This basically is to, if Council passes this, we could get this done by September in that time frame.

Glen Stewart: Mr. Cooper could you explain a little bit of what the enhancements will be with that new traffic signal at that intersection?

Jim Cooper: Lighting, it will cut the electricity usage at 80%, something like that. You will have brand new hardware and we will have a left turn lane going south onto Mifflin Avenue.

Questions or Comments?

Robert Valentine W2: Will it be like the newer ones with the camera so late at night when a car pulls up it will automatically cycle?

Jim Cooper: No.

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

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

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

Ord. 38-07
Item (e) AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SER-
             VICE TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR
             THE WICK AVENUE 24” STORM WATER PROJECT WITHIN THE CITY OF
             ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

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

Jim Cooper: This project is important in that we have one 24” Storm pipe going under the railroad. If something would happen to that pipe, the area of town there at the end of Wick Ave., that whole area, could be in serious problems as far as the backing up of water that we would have to obviously get the pumping trucks and everything else. At the age of the existing pipe, we felt we had better be pro-active and get another pipe in there 24” along side of this so that if we have heavy rains, we are sure that we can get the water across the railroad track yards. We think it is a good project.

Glen Stewart: Mr. Cooper, have you not been out there when it has been backed up in the past?

Jim Cooper: Yes sir.

Glen Stewart: I mean it is not something, I agree with you; it is pro-active and somewhat reactive to extreme conditions.

Jim Cooper: I think that is probably a good way to put it. We are trying to solve the problem.

Ruth Detrow: You will be putting this second one right beside the first one?

Jim Cooper: Close to it.

Questions or Comments?

Motion to move that the Ordinance be passed on the first reading by Glen Stewart, seconded by Ruth Detrow.
Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules 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 Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart

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

Ord. 39-07
Item (f) ACCEPTING THE DEDICATION PLAT OF DAUCH DRIVE, IN THE CITY OF
              ASHLAND, OHIO; CONFIRMING THE DEDICATION OF THE RIGHT OF WAY
             SHOWN THEREON; AND DECLARING AN EMERGENCY.

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

Jim Cooper: This work has been completed, the roadway is in, and the utilities are in. This dedication plat, if approved tonight, will be recorded as the city has the responsibility for the construction.

Glen Stewart: That actually runs up and includes the cul-de-sac?

Jim Cooper: Yes sir.

Glen Stewart: Okay, the cul-de-sac is the entry way to their parking.

Questions or Comments?

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

Move to suspend the rules 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 Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

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

Res. 7-07
Item (a) A RESOLUTION DECLARING IT NECESSARY TO REPLACE THE LEVY OF
             TAX IN EXCESS OF THE TEN-MILL LIMITATION.

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

Mayor Strine: It is basically a replacement levy and it is a levy that has been in affect for 40 years and it is necessary for us to operate our Park system and I can only say that without it we would be in deep trouble in our Park system. So I hope that Council will support this and I hope also the citizens will support this when it comes on the ballot in November.

Paul Wertz: It is the same that it has always been right? Same Millage?

Glen Stewart: No change in millage. It is ½ Mill.

Questions or Comments?

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

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

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

Res. 8-07
Item (b) A RESOLUTION AUTHORIZING AND RATIFYING THAT THE CITY OF ASH-
              LAND MAKE APPLICATION FOR A GRANT FROM THE FEDERAL EMER-
              GENCY MANAGEMENT AGENCY’S U.S. FIRE ADMINISTRATION 2007 AS-
              SISTANCE TO FIREFIGHTERS GRANT PROGRAM (AFG); AND DECLARING
              AN EMERGENCY

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

Mark Burgess, Fire Chief: This Grant is an annual Grant by the Federal Government, 10% match that we would be able to deal with and our budget, we are going through our inoperability equipment and to help support the equipment we already have. We applied for this Grant in the last 5 years, 2002 was the last time that we had received it. It is competitive and you compete with all of the other Fire services in the Country. They look at population, need and everything else. The actual funding for it has decreased over the years. It started out at $750,000.000.00 million for the whole country and it is down to about 634, so they are decreasing the amount and the number of applicants have increased but it is worth a shot.

Glen Stewart- Chief, is there any inclination in your mind that is a kind of rotational thing or does it start all over every year?

Mark Burgess: It starts all over every year. The screening process, unfortunate the last year I was invited to Emmittsburg to participate in a, it’s a peer review. It is a good process, a solid process that is fair. It is based on need and there is a scoring document that is pretty objective, everybody gets a fair shot each time they apply.

Comments or Questions?

Howard Scanlan: Do any of those monies go to anything about emergency evacuation and planning? Routing and Signage? God forbid we have to, but I really haven’t seen any emergency evacuation routing or planning.

Mark Burgess: No this is basically, they tightened up the projects you can do for it for this and based on equipment needs; communication. There are specific training needs. A lot of it is basic training that we already have as far as fire prevention bureau programs that we already have and wellness and fitness that we already have and then vehicles. It is very specific on what you can apply for and routing and evacuation things are not permitted. It is a good idea though.

Questions or Comments?

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

Move the Resolution be passed by Ruth Detrow, seconded by Paul Wertz.
Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart: That concludes the Legislative portion of our meeting this evening. The next area we are going to move into will be Ward Reports.

Ward Reports:

Ward 2: Robert M. Valentine
(a)   I turned some stuff over to Mr. Wolfe and I know he will help me.

Ward 3: Ruth Detrow
(a)   Complaints of Cable TV
(b)   Sidewalk discussion
(c)   Received a letter from a person that suggested putting sidewalks in should be a matter of pride, historic interest and maybe even fun and she was remembering the “Keep Sweet” things on the sidewalks. I think most of you know what those are. Her suggestion was, why don’t we do that again? Make it a positive thing instead of such a terribly negative unpleasant thing. I offer that suggestion. It wouldn’t be very much for a contractor to buy a stamp that would do that. Ard Blackford I believe was the man who was a contractor, cement contractor and put those everywhere around town I guess maybe to remind people that it is kind of nice to be nice to each other.

Glen Stewart: This is something new to me.   I have not seen that before that I am aware of.

Ruth Detrow: Have you ever seen a sidewalk that had “Keep Sweet” stamped in it?

Glen Stewart: Not that I am aware of.

Ruth Detrow: Well you better start looking down Mr. Stewart.

Mark Burgess: Workman Concrete still stamps that. They did it for my drive way and I didn’t ask for it.

Ruth Detrow: If you walk down Walnut Street, there is some there and any of the older parts of town and apparently some of the newer parts did that.

Glen Stewart: I will take that walk, Thank you.

Ward 4:   Paul Wertz
(a)   I had some problems, I gave it to Rick and he is taking care of it.
(b)   Phone call about annexation into the City and I talked to Jim Cooper and he is going to look into it for us.
(c)   1218 Myers Ave.- 2 big trees in the Tree Lawn tearing up the sidewalk and was wandering if the arborist would take a look at them and do something with them. So will you pass it on to the Arborist so he can take a look at them?

Council At Large President: Glen Stewart
(a)   I talked to Mr. Cooper about both of these and one of them I need to talk to you Jerry. Redwood Drive out by H & H and there was a lot of dirt on the ground and I understand you are going to go out there with a sweeper?

Jerry Mack: Our new sweeper has been down. Thursday we should be able to go out there.

Glen Stewart: Thank you. I have had a very recent experience in my own neighborhood about a new home going up and I can tell you and I would tell any contractor. The workmen never left their site at the end of a workday with dirt on the street. It can be done and it is an effort and the general contractor asked the neighbors to call him if we saw dirt on the street. He did not expect that his subcontractors would dirty up the street. Whether with a truck, whether it was tracking mud out of the site and they didn’t. I think that is admirable and maybe generally accepted that if you are doing a construction site that it is going to be a little crummy, but it does not have to be. And in established neighborhoods, I think it shouldn’t be. It should be kept up. It can be done. It would not cause us to have to run a street sweeper out to clean up after somebody’s work. There even may be a remedy to that in the Building permit process, maybe someday we will talk about how to handle that.

The other one is at Stone Creek and Mr. Cooper and I talked about this. There is a significant amount of damage at the far end of Stone Creek where it takes a right turn to the end. Mr. Cooper is working with the appropriate people. A lot of fill dirt had to be hauled in and the street would not take it where they ran up over the curb and it has done a significant amount of damage and I appreciate Mr. Cooper that you responded very quickly today and has been working trying to get that resolved.

Robert M. Valentine W2: I also talked to Mr. Cooper before the meeting about a couple of things and he is looking into them for me. I did not want you to forget that I have talked to you.

Glen Stewart: No, It is in the Minutes. And we don’t need them in the Minutes, Mr. Cooper responds to us very well.

OLD BUSINESS: None.

NEW BUSINESS

(a)   Copy of the Letter that was sent to Mr. Dex Sedwick from our Law Director, Mr. Wolfe regarding the proceedings in the Cable TV (Armstrong) open readings, and no response as to date. We have asked for a response for no later than the 1st of July, 2007.

(b)   Charter Review Committee is prepared to make some recommendations for new language and updates to the Charter and will submit them to us this evening. We do have copies of them and I have a cover letter that was addressed to the Council Persons and signed by the Committee members of which we sincerely appreciate the efforts that all of you have put in and I have to tell you I served on one, Charter Review many years ago and the diligence of which you appeared to have done this is admirable from my viewpoint (Glen Stewart). It is very structured and you have brought forward several items that this Council will review and take action on at least some of them. I give the floor to Ken Seidner.

Ken Seidner: As Chairman, Glen; I want to thank everyone on this committee. Everybody was very congenial about it. They were very prompt. We got through this process without any animosities. I don’t think I need to read this letter to you, you have gotten that. It is on record. The recommendations, I will just touch on those. Basically make the Charter gender neutral, recommending changing the Charter to allow outsiders to apply for the Fire Chief and Police Chief positions when they become available. Add qualifications to the Finance Directors positions. Remove or add information to the Charter to make way for position of Safety Director to alleviate some of the burden that is on the Mayor currently. Recommend, this was really started by Al Sanders, but recommend that Council pursue this combining the City/County Health Departments if possible and finally, Clarify language in Sections 21 and 73 of the Charter as it affects the City Emergency Ordinances. We came up with some suggestions of wording that is in our packet but again we want to thank all of you folks and all of the Department Heads, the Employees of the City for the information in working with us in this process. It was a fun thing really to do. Our meetings were pretty orderly. Unlike serving on the last one. Some of those meetings went on forever. We got through that. Being helpful were the Minutes from this last time around were available to us. We recommend that you folks keep those for the next committee that gets together. In fact the last 2 times things that both of them bear being worked on. There are some additional things that we think that any future committee should look at, one of those are of possibility adding 2 additional Wards to Council because the City has grown. It is one of the things we did not go into depth on that I think needs to be looked at in the future. Again we want to recognize Valarie for her help in this process. She took excellent Minutes and did a lot of our roadwork and leg work for us and we appreciate that.

Glen Stewart: Ken would you like to introduce those members that are here this evening?

Ken Seidner: I will just ask them to stand and introduce themselves:
1)Kay Conrad
2)Elizabeth Hipp
3)Dennis VanScoy
4)Bernard Sargent
5)Howard Scanlan
6)Nevin Bowers
7)William Benz
8)Everett DeVaul-Absent
9)Dorothy Stratton- Absent
10)Ron Baker- Absent

Glen Stewart: We appreciate what you have done. We will certainly give due diligence to what you have submitted to us and move forward. Thank you very much. I think the short meetings were due to meeting early in the mornings.

Questions or Comments?

Paul Wertz: I just want to thank all of you for taking the time to do this.   Appreciate it.

Howard Scanlan: It was a learning experience.

(c)   We are in receipt of some letters from citizens regarding the Baker property. We have received a letter from a citizen regarding City Cable coverage.

(d)   We have a packet, Mr. Cooper alluded to from the Ashland County Oral Health Services and that is the document he has for the Dental if it would be in the guidelines of the CDBG.

Liquor Permit Request:

       New – Buehler Food Markets, Inc, DBA Buehlers, 1055 Sugarbush Drive, Ashland, Ohio 44805

Glen Stewart: This is a new permit, as I understand it. The options at this Council have available to us is we can either request a hearing on this issue, on this particular permit or we can request not to have a hearing. If we were to request a hearing, we can request that it be held at our County seat in Ashland or in Columbus, Ohio. I always refer back to our Chief of Police for any problems. That is the biggest single problem if there is a record of problems with a Liquor permit. We attempt to look into it. What is the pleasure of the Council this evening?

Motion to Request no hearing by Paul Wertz W4, seconded by Robert M. Valentine W2
Ayes: Robert Valentine W2, Ruth Detrow W3, Paul Wertz W4, Glen Stewart, Council at Large President.

So Valarie, If you will return that properly, no hearing is requested Thank you.

Mayors Comments:

Mayor Strine: Really no comments other than just reviewing the Work Sessions that we have scheduled on our Agenda.
          (a)Work session, Tuesday June 12, 2007 – Dan Scott presentation, regarding
              the recycling center.
(b)   Work session, to follow the Regular Session on Tuesday June 19, 2007- regarding the survey that was sent out with the water bill for the sidewalks.
(c)   Work Session, Tuesday July 10, 2007- to discuss the Transit system.

Glen Stewart: Next Tuesday night is Dan Scott’s presentation on recycling.   What would you think about this having some initial open dialogue to understand what we have received this evening following Dan’s presentation. The Charter Review. So we will add to that Work Session the initial review of the Charter amendments of changes that will follow after Dan’s presentation on Tuesday June 12, 2007 and then we will set subsequent meetings following that.

Mayor Strine: I would like to ask to have an Executive Session regarding employee benefits. There will be no decision made and we will adjourn after that meeting.

Motion to move into an Executive Session by Glen Stewart at 7:50 p.m., moved by Paul Wertz W4, seconded by Glen Stewart.
Ayes: Robert M. Valentine W2, Ruth Detrow W3, Paul Wertz W4, Glen Stewart, Council at Large.

Glen Stewart: We will move into an Executive Session, we will cover the comments relative to what the Mayor shared and there will be no decisions made within the Executive Session. We will come back out and move back into Regular Session and Adjourn. So there will be no more business actually conducted this evening.

Motion to move back into Regular Session by Paul Wertz, Moved by Robert Valentine W2, seconded by Glen Stewart.
Ayes: Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Move to Adjourn by Paul Wertz, seconded by Bob Valentine W2.
Ayes: Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Adjournment

Adjournment at 8:29 pm
                           Submitted by
                           Valarie F. Bishoff
                           Clerk of Council