RS9-5-2007

Ashland City Council

MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday September 4, 2007

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

ROLL CALL

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

PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES:

No Corrections or Comments.

Glen Stewart: We have several sets of Minutes to read this evening; unless there are additions or corrections to any one of them, we can approve them all now. We have 7/10/07 Work Session; 7/17/07 Regular Session; 8/13/07 Special Session; 8/27/07 Special Session.

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

COMMENTS OR QUESTIONS FROM THE AUDIENCE: Items that are not on the Agenda.

None.

Glen Stewart: I am told that we have a couple of special students from the University. Young Ladies, if you don’t mind, would you please stand, give us your name, and I understand this is an assignment for you this evening; is that accurate?

Yes.

STUDENTS OF ASHLAND UNIVERSITY:
    Sarah Mercier: Social Work Program, Ashland University.
    Holly Zouinski: Social Work Program, Ashland University.

Glen Stewart: From the agenda items, feel free to stand and ask those questions; if you have questions after the meeting, most of us are available for a short time after the meeting and I hope this meeting fulfills your needs for the class. Do you have to attend on a regular basis or just one?

Students: Just one.

Glen Stewart: You picked a tough one; we have 13 agenda items plus 2 Resolutions tonight, so you will hear a lot.

LEGISLATION

Ord. 56-07
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
               SERVICE, TO ENTER INTO A MODIFICATION OF THE CLAREMONT/MIFFLIN TRAFFIC
               SIGNAL IMPROVEMENT PROJECT-LINWOOD ELECTRIC, INC. CONTRACT AUTHOR-
               IZED BY ORDINANCE NO. 37-07; AND DECLARING AN EMERGENCY.

Moved 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 W1, Valentine W2, Detrow, Wertz, Stewart.

Jim Cooper: This will change or permit us to add cameras at that intersection vs Loop detectors. Loop detectors when you resurface, you have to a lot of times replace those. We got an excellent price to put in cameras, which we have on Claremont and Main Street. They brought it to our attention that we could get this positive addition for that intersection and we ask them to get that and put it in. So we are asking you to approve this. It reduces our maintenance cost in the long run.

Ruth Detrow: The Loop Detector; that has no video connected to it?

Jim Cooper: Not at all.

Ruth Detrow: What does it do?

Jim Cooper: It detects, it has a wire in the pavement and it detects the vehicles when they go across it. Then this way a camera does all that for you. You can adjust it. It is more modern.

Ruth Detrow: So it has nothing to do with speed of the vehicles going through or anything of that sort?

Jim Cooper: Right. It is not checking people’s license plates for speeding.

Ruth Detrow: Can it? If we should decide sometime that is wise, we could use the same equipment.

Jim Cooper: We could do that; other people tried to do it, there are some issues, some cities, people get very irate; but it is very effective for what we are trying to do as far as replacing loop detectors.

Robert L. Valentine W1: I appreciate what was done; now you can make a left turn in a couple of minutes. What I noticed coming down today, when you wait for the traffic coming from the North up Mifflin, coming up; when I went to turn left and this guy is coming down Claremont and he about hit me because he wanted to beat the light. I am sure we will make the adjustment, but we better start looking somewhere because we about got hit today. That is not your fault; I think the adjustment is good. It will just take time until people get use to it.

Glen Stewart: The growth out Mifflin Ave. in that general area over the last 10-15 years has made left turns at prime time almost impossible. I appreciate the improvement personally and I know there are several people that live in that area that appreciated it out there. Thank you Jim.

Questions or comments?

Motion to pass Ordinance, Move to pass on the first reading by Robert L. Valentine W1, seconded by Robert M. Valentine 2, to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart,

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine 1.
Ayes: Robert Valentine W1. Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart

Ord. 57-07
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CON
             TRACT FOR THE PURCHASE OF EQUIPMENT FOR THE WATER DISTRIBUTION DIVISION
             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 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 Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Curt Young: This particular piece of equipment is to replace one of the two backhoes in use by Water Distribution. Our older units are nearly 18 years old now and that is the reason for the request. It is by State contract Department of Administrative Services schedule and represents a 34% discount from list price. I am asking Council to consider the purchase of this very important piece of equipment for our particular work.

Glen Stewart: Where will the old unit go?

Curt Young: It will either be offered to other departments that might have need; if there is not a need to other departments, then it will be auctioned.

Glen Stewart: What is the delivery time on this?

Curt Young: Approximately 6 weeks.

Questions or Comments?

Move the Ordinance be passed on the first reading by Robert L. Valentine W1, sec-
onded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz,    seconded by Robert L. Valentine W1, invoke Section 113.01 of the Codified Ordi-   nances 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. 58-07
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
   PUBLIC SERVICE, TO ENTER INTO AN AGREEMENT WITH THE OHIO DE-
   PARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE NEW
               FORD ROAD ALIGNMENT PROJECT; AND DECLARING AN EMERGENCY.

Move for non-reading in full, by Paul Wertz, seconded by Robert L. Valentine W1 to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Jim Cooper: This is a requirement of ODOT; they are overseeing this project for us. We contracted with Shaffer Johnson out of Wooster for the design work. Plans are completed. ODOT is planning on taking this out in December for construction next year. We need to go through the formalities of keeping ODOT happy so basically that is what this is about.

Ruth Detrow: In item two at the bottom of page one, it talks about the fact we will have to bear the cost of anything that exceeds the federal earmark of $297,000.00; that I hope is not likely?

Jim Cooper: $297,000.00, actually is $300,000.00; ODOT keeps $3,000.00 dollars for their administrative efforts. We budgeted $80,000.00 of City money for this cause we have to come up with that for construction. Engineering costs $25,000.00 dollars. One thing about this, ODOT does a very good job of working their estimates up and we worked an estimate up from our side. Hopefully there will be a number of contractors who are interested in this and it will keep the price down.

Ruth Detrow: We supervise the bidding of ODOT?

Jim Cooper: ODOT is doing that inspection for us, that is why the extra money.

Questions or Comments?

Move the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. 59-07
Item (d) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
   PUBLIC SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO A CON-
   TRACT FOR THE ROCK ROAD AND WELLS ROAD SANITARY SEWER PRO-
   JECT IN THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

          Move for non-reading in full, by Paul Wertz, seconded by Glen Stewart to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Jim Cooper: This is requesting Council for approval of this Ordinance to put in a Sanitary Sewer line part of which will be gravity flow and part will be a force main, so that we can service the area of Rock Road; Ohio Electric is going to have a building there. We will need to get sanitary sewer out to them. That is what this project is.

Questions or Comments?

Robert L. Valentine W1: Where is this fund? What fund is that? Anna what fund is that?

Anna Tomasek: 630 is our Sewer Capital Fund.

Move the Ordinance be passed on the first reading by Glen Stewart, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. 60-07
Item (e) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
              PUBLIC SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO A CON-
              TRACT FOR THE ROCK ROAD WATER MAIN PROJECT IN THE CITY OF ASH-
               LAND OHIO; AND DECLARING AN EMERGENCY.

          Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Jim Cooper: This is complimentary to the Sanitary Sewer line. This is the Water line. We have water line on Wells Road and we will tap into that and take a 10 inch line about 600 – 800 feet and that will service the new Ohio Electric building out there and it will possibly permit us to have another building or two located out there from Economic Development standpoint.

Glen Stewart: Is there a need for a Storm Sewer out there?

Jim Cooper: There is no Storm Sewer at all. All ditches take it down and carry it away.

Questions or Comments?

How far does Rock Road go? Does that go to Rt 250?

Jim Cooper: We are only going to go up to the top of the hill.

Move the Ordinance be passed on the first reading by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. Tabled
Item (f) AN ORDINANCE ENACTING SECTION 927.03 OF THE CODIFIED ORDINANCES
              OF THE CITY OF ASHLAND, OHIO, RELATIVE TO WATER CONNECTIONS; AND
              DECLARING AN EMERGENCY 3RD READING/ Tabled

Glen Stewart: This will be the 3rd reading of this particular Ordinance. It was table at our last regular meeting. We had two meetings and it passed. It takes three readings to bring the Ordinance into action and we tabled it at our Special Meeting on August 13, 2007and it is on the Agenda again this evening.

Motion to take it off the table, by Robert L. Valentine W1, seconded by Ruth Detrow.

Glen Stewart: Wait one minute; to remove it from the Agenda?

Robert L. Valentine W1: I am sorry, it was tabled. Did I incorrectly state that?

Glen Stewart: Do we have to bring it back to the table, Rick?

Richard P. Wolfe II, Law Director: No. You tabled it to this meeting; it is on the Agenda for this meeting.   Just withdraw the motion.

Robert L. Valentine W1: Just so I am clear here, we need a motion to pass the Ordinance, is that correct?

Glen Stewart: The Ordinance is on the Agenda for action unless there is a motion to table it; otherwise we will vote on it, for it or against it.

Motion to table the Ordinance by Robert L. Valentine W1, seconded by Glen Stewart.

Glen Stewart: The motion that is on the floor right now is to table the Reading of this Ordinance tonight so there will be no action taken if it is passed by three members. If this motion is not passed by three members, then it will stay on the Agenda on the floor this evening and we will vote on whether to pass the third reading or not.

Ruth Detrow: I have a comment on this motion to table. I personally feel that we have taken a lot of time with this and we need to do something now. We have put it off and this motion will resolve the Ordinance, which will help all of the companies that are affected because they will not have to pay so much for the water and sewer. The only people who will be hurt, and there will be people hurt, are the individuals who will have to pay income tax. The people who don’t have to pay income tax now will have to pay it in the future, however I feel this is a very small drawback and we are also talking about what is fair to all of the taxpayers in the City of Ashland.

Jim Wiser: I have a very strong concern in regards to something I am aware of pertaining to the Ohio State Patrol post and former Council Member who served as both post commander and as a Councilman. The City limits goes right around that building.   There are 22,000 people in this community.   And the City limits surrounding that building, the people do not have to pay City Income Tax and that is wrong.

Glen Stewart: That is the intent, and it is my understanding, to link all of the property along the 250 corridor into the City of Ashland, Ohio whether it is a County building opposite the Highway Patrol; any property that is on Route 250 and in that area, right now and I will ask our Law Director to correct me;

Paul Wertz: I think the intent is anybody who has water or sewer has to be annexed into the City. That is the intent; it is not just that one area. It is the whole area.

Jim Wiser: I have heard the plan down in Columbus for both of the bypasses. It was built and constructed with State and Federal monies under a Grant and involves both intra and interstate counters. The Goasis, Denny’s and a number of other entities that are involved in interstate and interstate commerce. So you better know just exactly what you are talking about.

Glen Stewart: May I respectfully ask your position? I do not understand your position, I am sorry.

Jim Wiser: I do not go for the way it is being presented here tonight that anyone in this room could pick this copy up an know what was being voted upon.    It is well concealed.

Glen Stewart: I can only say that is not our intent. It has not been expressed to this body before that anything is concealed in this Ordinance nor is the intent of this Council to conceal anything in this Ordinance and I would ask the Law Director. Is there anything that you see that conceals anything relative to the intent of our Ordinance?

Richard P. Wolfe II, Law Director: Not from my perspective. No.

Ruth Detrow: Can I say one thing? The Ordinance does not say this individual or this business must come into the City; we cannot do that. We cannot legally. All we can do is say, you have to ask to come into the City or we will shut off your sewer and water and that is different from saying you have to. Because we cannot and we all understand that fully.

Jim Wiser:   I hope so, because there is a section that deals with that; and a few of your Council members have recently found that out.

Glen Stewart: Any other questions or comments? We have a motion on the floor and it has been seconded.

Ayes: Robert L. Valentine W1, Paul Wertz, Glen Stewart- to Table until 9/18/07
Nays:   Robert M. Valentine W2, Ruth Detrow

Glen Stewart: This Ordinance will be tabled until our next regular meeting which is the 18th of September and will be brought back just as it has been this evening and we will review it again.

Ord.   Tabled
Item (g) AN ORDINANCE ENACTING SECTION 921.39 OF THE CODIFIED ORDINANCES
               OF THE CITY OF ASHLAND, OHIO, RELATIVE TO SANITARY SEWER SERVICE;
               AND DECLARING AN EMERGENCY.

Motion to table the Ordinance by Robert L. Valentine W1, seconded by Glen Stewart.

Terry Mack, 1192 St Rt 511 N., Ashland, Ohio: We have city water and have had it for years. The questions I and the neighbors have had is: We have no sewage out there, there are no plans of putting sewage out there right at the moment so if we get annexed into the City, how is it going to benefit us because we all have City water anyway. The only thing you are going to provide with us is maybe garbage pick-up and we are going to be annexed into the city and we are going to wait how many years to sewage out there? That is a comment we have for ourselves out there in our neighborhood.

George Smith: I am talking for those lots out there on 42. The way we feel we are losing property tax for the Township. I am the Township Trustee as you know and I have talked to a lot of people since the last meeting. I have found 5 within the city, the rest want to stay in Montgomery Township. They give easements so they can run that water down there and they were told that they could have water which goes to the easement the same way on 42, M & M they don’t want in the City. They have two lines going thru them. They deal with problems of water and that was before he bought the place, they had water. The other houses out through there have water because there are water lines going out through the disposal plant. I don’t understand why you have to charge extra for water for people in Ashland when you are sending it North, I don’t understand this? It doesn’t make sense.

Glen Stewart: I understand what you are saying. I think it made sense to those on this side of the divide that had a significant water problem and with the Industry that have left Ashland. We have the ability to supply some of those people with good water. It made community sense with the townships and others including those that you represent.

George Smith, Montgomery Township Trustee:   We run a tight budget in our Township. The more you take from us, the less we can do. I am trying to save some of the property in our Township.

Glen Stewart: And as a Township Trustee, you are representing the people well.

George Smith: Well that is what I am trying to do.

Glen Stewart: Was there not a trade off on, I am not talking about 42 or 58 or 511, but the corridor that was a trade off of income from bed tax, etc., when we agreed that there would be no opposition to the annexation out there.

George Smith: That is a whole different book. I am talking about out here.

Glen Stewart: But there are revenues being generated with the deal that was cut with the city on that.

George Smith: Yes we got that. That is different.

Glen Stewart: It is still income. That was renegotiated with the City of Ashland.

John Good: I am an attorney here in town, and a Montgomery Township resident. I guess I would like to ask a question on follow up to that question. Is Council indicating that there is an annexation agreement with Montgomery Township pertaining to the portion of proposed annexation that goes along 250, that would include Goasis?

Glen Stewart: I think that is accurate.

Questions or comments?

Ayes: Robert L. Valentine W1, Paul Wertz, Glen Stewart – Tabled until meeting of 9/18/07
Nays: Robert M. Valentine W2, Ruth Detrow,

Glen Stewart:   Item G on the agenda will be tabled until our next Regular meeting of 9/18/07.

Ord. 61-07
Item (h) AN ORDINANCE APPROVING AND RATIFYING CERTAIN LAND BELONGING TO
              THE CITY OF ASHLAND, OHIO BEING SOLD THROUGH THE COMMUNITY IM-
              PROVEMENT CORPORATION; AND DECLARING AN EMERGENCY.

Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Richard P. Wolfe II, Law Director: This is a piece of corrective Legislation that corrects procedural defects in some property that was sold to the Industrial Park a couple of years ago, so this is just some corrective legislation.

Robert L. Valentine W1: So this is not the property we were talking about a couple of months ago?

Richard P. Wolfe II, Law Director: No. This is several years ago, a transaction that when there was a title search concerning the present mortgage of the entire Industrial Park, we discovered that we missed a step in the process, and this is going back to correct that. The property has been sold, it has been paid for, it has been developed on and in order to clear the mortgage, we needed to do this. When I say “clear the mortgage”, we have a partial release. When some is sold, we have to pay a certain amount of money to the department of development and then they sign the mortgage release and then the person buying the property has clear title.

Questions or comments?

Move the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. 62-07
Item (i) AN ORDINANCE AMENDING SECTION XIX OF ORDINANCE NO. 100-06 RELA-
             TIVE TO THE TABLE OF ORGANIZATION FOR THE FIRE DIVISION OF THE CITY
             OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.

Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Fire Chief, Mark Burgess: Part of our strategic plan is to look forward and to change some of the assignments and duties of different personnel within the division. One of them was to create the position of Training Officer. Along with that, House Bill 401 was passed this year and signed by the Governor with an implementation date of next year that requires continuing education for Firefighters. We have had continuing education for paramedics for a number of years and this is another mandate that we will have to fulfill. The Training Officer will be used to make sure that we maintain our Certifications and to track that process plus give us the training and opportunities that we need to provide the services that the citizens are asking for. There are a lot more issues with training than just fire. We have extrication, hazardous materials and different things that we are trying to coordinate so that it is being done by a number of officers and it needs to be handled a little bit better. The Team Organization is on page 12 of the Ordinance. We are not hiring an additional person; we are changing a firefighter to a Captain’s position and the process is hard and I think it will benefit the community as well as the division.

Robert L. Valentine W1: So you are saying the Captain would be the Training Officer?

Mark Burgess: Yes that is correct.

Questions or comments?

Move the Ordinance be passed on the first reading by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth Detrow, invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move the Ordinance be passed by Robert L. Valentine W1, seconded by Robert M. Valentine W 2.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Item (j) FISCAL OFFICER’S CERTIFICATE:

Anna Tomasek:   As Fiscal Officer of the City of Ashland, I certify connection of proposed issue of $2,300,000.00 Notes to the anticipation of the issuance of Bonds for the purpose of improving the Municipal Water System by acquiring real property and interests therein for this Municipal Water system purposes. That the usefulness of this is at least 5 years and not contributing the Notes until October 21, 2024 to be 20 years from the date of earliest issuance of these Notes for this purchase.

Move that the Fiscal Officer’s Certificate be approved by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Ord. 63-07
Item (k) PROVIDING FOR THE ISSUANCE AND SALE OF $2,300,000.00 NOTES, IN
              ANTICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF IM-
              PROVING THE MUNICIPAL WATER SYSTEM BY ACQUIRING REAL PROPERTY
              AND INTERESTS THEREIN FOR MUNICIPAL WATER SYSTEM PURPOSES, AND
              DECLARING AN EMERGENCY.

Move for non-reading in full, by Paul Wertz, seconded by Ruth Detrow to invoke Section 113.01 of the Codified Ordinances as the distribution of this Ordinance has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
Ayes: Robert Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Anna Tomasek: This is the issuance of $2,300,000.00 NOTES that we are going to be rolling at the estimated rate of market price approximately 5.15%. The system annual process for these NOTES and its purpose was for the Water system when we acquired property.

Glen Stewart: What was interest rate on property today.

Anna Tomasek: Current rate is 5%.

Glen Stewart: Only up 1/10. Will there be any problem selling these?

Anna Tomasek: No.

Questions or comments?

Move the Ordinance be passed on the first reading by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Ord. 64-07
Item (l) AN ORDINANCE ACCEPTING THE DEDICATION PLAT OF MEDICAL LANE, 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 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 Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Jim Cooper: This dedication Plat that we are asking to approve, when the road was constructed, most of the last year and then over the springtime the Asphalt was put on. The surveyor did not put final markings down, as he should have. They have done that now. We have the final Plat. It has not been signed until Council approves this. If you so do, then we will get it recorded. Engineering reviewed the construction of the roadway and the utilities. We feel everything is in order now with Councils approval.

Glen Stewart: Mr. Cooper, I shared with you earlier in the notes from the Planning Commission, there was some monumentation missing at the time, what you referred to.

Questions or comments?

Move the Ordinance be passed on the first reading by Glen Stewart, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, 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 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Res. 14-07
Item (a)   A RESOLUTION AMENDING RESOLUTION NO. 9-07 AUTHORIZING THE USE
               OF BARBED WIRE WITHIN THE CORPORATE LIMITS OF THE CITY OF ASH-
               LAND, OHIO, RELATIVE TO THE SECTION NO. SET FORTH THEREIN; AND
               DECLARING AN EMERGENCY.

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

Richard P. Wolfe II, Law Director: There was a clerical error, and the section number was wrong. Instead of being 07; it was 08. It was the wrong section. So we are not re-approving this. We are just correcting the numerical designation from the previous Resolution. Second line, Section 1 you see the correction being made. 08 does not deal with Barbed Wire; it is 07. When there was a subsequent request for permission for barbed wire, we looked back in a previous Resolution and it came to our attention. So this is simply a correction.

Move the Resolution be passed on the first reading by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Res. 15-07
Item (b) A RESOLUTION AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE
              OF THE CITY OF ASHLAND, OHIO, TO FILE AN APPLICATION AND ENTER
              INTO AGREEMENTS WITH THE OHIO PUBLIC WORKS COMMISSION FOR THE
              PURPOSE OF ACQUIRING FUNDS THROUGH THE STATE CAPITAL IMPOVE-
              MENTS FUND AND THE LOCAL TRANSPORTATION IMPROVEMENT PROGRAM
              PURSUANT TO CHAPTER 164 OF THE OHIO REVISED CODE FOR THE COM-
              PLETION OF CONSTRUCTION PROJECTS IN THE CITY OF ASHLAND, OHIO;
              AND DECLARING AN EMERGENCY.

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

Jim Cooper: This is basically Issue 2. An authorization to pursue Issue 2 money. We are proposing that this year a project related to improvement of US 250 phase I. This would run between two lift stations from W.I.L Lab area down to Jamison Creek. Currently the lake from W.I.L. Lab down to this side of Sugarbush is at a very low slope, therefore could be taxed at a higher rate. We have been lucky so far but this needs to be improved so we need to take and change the alignment and put in a 15 inch line through there. This would be Phase I of the overall sewer work that needs to be done there. This is the way to get close to $300,000.00 dollars from Issue 2 to help us with this project. We have to come up with about 68,000.00 dollars somewhere in there ourselves. Issue 2 has always been very good to us in a lot of projects.   This is a good project here.

Questions or comments?

Move the Resolution be passed on the first reading by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Questions or Comments?

Notice of a Request for change of zoning and Public Hearing set for Tuesday October 16, 2007 at 7:10 pm.

Jim Cooper: At Mifflin Ave. and Claremont, Rite Aid has asked to change zoning to a B-3 so that they can put in a new store. Better visibility for them. From the City standpoint, it reduces the number of exits on Claremont, which we feel is a safety factor. This is basically to make a lot in the bid to a B-3 Zoning so that they can have that corner area there between Mifflin and Claremont Avenues.

Questions or Comments?

Glen Stewart: It is a single lot that actually the lot faces Mifflin and parallels to backside of B-3. My understanding is there has been pretty extensive contact through the Planning Commission of the residents impacted?

Jim Cooper: Yes.

Robert M. Valentine W2:   I don’t know if this is the right time but I have talked to a couple of people out there. The plans come to you right? The only thing that I have heard, people in that neighborhood wanted me to check; are they going to put up some kind of a Stockade fence up in the back of that parking lot to block that neighborhood off?

Jim Cooper: They are going to work with the residents and there will some fencing up there and there will be some plantings also.

Robert M. Valentine W2: You know a little 3’ wood fence isn’t going to do it. You know what I am talking about.

Jim Cooper: The designers are going to take care of this.

Glen Stewart: We propose that we set this hearing for October 16, 2007 which is a regular meeting at 7:10 pm in this room.

PUBLIC HEARING SET FOR TUESDAY OCTOBER 16, 2007 AT 7:10 PM IN COUNCIL CHAMBER CONFERENCE ROOM.

Request for advertising on Private Property Permit Application:
   Mr. Electric of Ashland County, P.O. Box 39, Ashland, Ohio 44805 (mailing): 251 SR 511 Nova, Ohio 44859 (physical), Advertising-Marketing, weekly. Contact person: Daniel Neiswander, Phone: 419-606-5572.

Glen Stewart: Would you like to speak to your application request?

Daniel Neiswander, Owner Mr. Electric: What we would like to do as part of our system. As when we are at a customers home, completed a job, we would like to hang two door hangers on the neighbor’s houses, two on each side and right across the street.   That is part of our system that we would like to do.

Ruth Detrow: So you are just going to do a few houses every time you finish a job. This will go on all year? Good marketing.

Comments or Questions?

Motion to approve advertising, Ruth Detrow, seconded Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

WARD REPORTS:

Ward 2:   Robert M. Valentine:
(a)   I made a call about a slight problem W. Main and Fairview and two days it was taken care of. People were happy and called to thank us. Another good report.

Ward 1:   Robert L. Valentine:
(a)   I received a call concerning a stop sign on Budd and Smith, a bush was growing and you couldn’t see the Stop sign. The arborist removed it. It is in our right of way.   He would like to have been told so he could go out there and do it himself. I appreciate what the Arborist had done.
(b)   Jerry isn’t here and we had a problem regarding a walkway in Southwood and we were
       having some problems, so I gave him a call and he got in touch with the arborist and
       they put a path there and eliminated all of the bushes and I wanted to thank him.

Richard P. Wolfe II: When it is a safety issue, at risk of somebody not seeing the Stop sign, we have the duty to take care of it, because if we become aware of a situation like that and don’t and somebody has an accident, then that is more trouble. At the risk of the Clematis, traffic safety is the most important thing.

Ward 3:     Ruth Detrow
(a)   I have heard from two people in my ward who are absolutely thrilled with the appearance of the streets that have been repaved and I have to agree it looks very good and the people who did it, did an excellent job and I have people in my ward who are pleased with that.
(b)   I have heard from a gentleman on Sherman Avenue. He is right next to the creek. We have been working trying to solve his water problems for quite a while now. This is Tom Whitamire. It has reached the point now where he says his Insurance Company will insure him anymore because they are saying it is a City sewer problem. So I spoke just a short time ago with Mr. Cooper and he is going to tell us about that.

Councilman at Large:       Glen Stewart
     None

Jim Cooper: Basically we have been there a number of times. Bruce Wiser’s people and Jim Portner have been down there. We put a backflow preventer which would keep sewage from coming into his basement area. We did that about close to a year ago. We actually checked it last Friday. Doug went down and checked it. It is operable. We feel quite confident and we will be glad to talk to Mr. Whitamire again that he has got water problems around his house. I know he mentioned when I talked to him about mold and it is coming from water coming in through his blocks. The other problems are he is in a flood plain area and it may well be the Insurance Company is trying to blame us when they really don’t want to Insure him in that area. We will be glad to work with him as much as we possibly can. At this time, we feel that it is not a sewer problem based on checking the backflow preventer, I certainly will talk to him some more.

Ruth Detrow: He also mentioned this 3 years ago when we started on this. He also mentioned that there is some kind of storm sewer line that is City owned that needs to be cleaned out periodically and he feels that some of the problem is coming from that. There is a manhole in the yard.

Jim Cooper: Yes. Mr. Wiser has worked on this and Bruce can also address this issue. All I can say is we will try to do everything to help. More than likely, the problem is from rains and rain getting down to his basement, the drains are not working properly and rain now over the years is coming through. Mold is starting to grow. We will work with the gentleman to see if we can help in any other way.

Mayor Strine: There is only so much we can do for somebody who is in a flood plain.

Ruth Detrow: I appreciate your efforts.

Robert L. Valentine W1: I thanked Jerry Mack, but Tim Clingan, Thank you, the Arborist was under you and I appreciate if you would pass that on.

Old Business: The sidewalks in the City of Ashland in our program. Still in committee on this.

Robert L. Valentine W1:   Yes we are. We had a couple of big ones and probably a couple more. We will report back in a month or two. Anna was looking into Grants for some help but there aren’t any. We are still doing our homework.

Glen Stewart: Right now I have to say that this goes back into the spring and I asked for a moratorium on doing anything for 8 weeks and the response from the community in our various meetings. I am going to estimate that we have a great number of concerns so we have decided to put the questions and the possibilities of resolution into a committee and I appreciate those committee members who are working on it and hope the community appreciates the fact that we did hear what they had to say and we are trying to resolve the issues that were brought before us.

Paul Wertz, Jim Cooper, Anna Tomasek, Larry Paxton and myself Robert L. Valentine W1. There are five on our committee.

Glen Stewart: I appreciate that and we are not at a conclusion yet.

Comments or questions.

Ruth Detrow: This may be repetitive but let me repeat again that we are working on whether or not we should adopt the International Property Maintenance codes. All of us on Council have been studying it. I at least have not heard a word from the citizens of Ashland and I know by the way that the board of realtors is having the first candidates forum tomorrow and I know they have some questions that they are going to ask and there are two copies at the library and that is thanks to people here tonight. You cannot actually take the books out but you can read them there and also copy them. This is going to make sidewalks look like nothing. There are things in here that people in the city really need to know something about and I have said it three times now in Council. It is not my fault if nobody knows anything when we come to the discussion and passing it. That’s it.

Glen Stewart: Ruth is absolutely right from my perspective. This document is so on encompassing that if it were applied to the letter, would could become a picture community, but not without a lot of effort or a lot of cost.

What is it called?

Ruth Detrow: It is the International Property Maintenance Code. There are two of them in the Public Library. All you have to do is go to the Reference Desk and ask for it and they will let you sit and read the whole thing, which does not take a long, long time.

But where does it come from?

Paul Wertz: The Ohio Governor.

Is it something they already sanctioned?

Ruth Detrow: I don’t know if it is Federal. It is some organization of cities and so on.

Jim Cooper: I wish I had a copy of it to show you. Basically it covers maintenance in our cities. Not building codes, but maintenance codes. Taking care of properties, keeping them up to certain minimum standards. It probably goes into painting and that percentage of house that is not in decent shape to the point where people can be forced to painting their houses to get them up to code minimums.

Richard P. Wolfe II, Law Director: He is asking who prepared the book; where did it come from?

Jim Cooper: They keep it updated every year.   Building and Zoning is proposing this. What they are doing with this is giving something that everyone can go by.

John Chorpening: I know you have asked a couple of times for that information to be published in the Times Gazette and I have not seen anything in there.

Glen Stewart: Mr. Chorpening, I am not the Editor and they run a business. Maybe if you call them, they might listen to you and it is not the fault of this Council. We are trying to convey and we even had the two copies put in the Library.

Anthony Watson: Is the mandate of this from the Federal Government to the City.

Glen Stewart: It is not a mandate from anyone. It is a document that has been prepared by the International Maintenance Codes across the Country; it is a maintenance code that will establish the level of maintenance with which you as a property owner would be required to maintain your property.

Anthony Watson: So it would have to go through City Council to be approved, right?

Glen Stewart: Yes. The Ordinances have not been prepared but I would presume, it could be the Planning Commission too. But I think it would be Council.

Anthony Watson: Are you looking into this planning?

Glen Stewart: Yes we are. We have been looking at it now for probably 6 or 8 months.

Anthony Watson: Have we formed information.

Paul Wertz: We have a Work Session on the 11th on it.   Next Tuesday night.

Questions or comments?

Ruth Detrow: We have especially houses that are falling down; the neighbors tell us, “I see rats running in and out of the house”; just all sorts of difficulties and there is nothing; our laws are not specific enough that we can deal with this very easily. If we adopt that code and we can make changes in it; it will give us some ways of keeping our city nicer looking.

Robert L. Valentine W1: We are not taking the approach of a big brother type of thing. We are taking the code that we already have and hopefully intermingling that with this code where we can use that.

As I read this, it looks like a big brother code.

Ruth Detrow: You really haven’t had time to read it yet.

Basically it puts the Homeowners Association right on top of the whole city; it creates a blanket for everything in the city.

Glen Stewart: We as Council members are to submit questions to Roger Gordon relative to the Maintenance property code and he will be in attendance next Tuesday night to respond to our questions and other questions that may come from the audience. Please see that Mr. Gordon via Mr. Cooper, however we choose to; make sure they have the questions in a timely manner so they can respond to them. Item b on our agenda this evening is an update from the Health Insurance plan of Cherie Helterbridle. We are going to hold that off for a meeting probably in October, October 2 it will come back on the Agenda.

MAYOR’S COMMENTS:

Richard P. Wolfe II, Law Director: When we were entertaining Resolution 14-07, and we were correcting an error; I did not mean to imply that it was somebody else’s fault. It was my error and I appreciate your indulgence in correcting it.

Glen Stewart: There is a Work Session planned for next Tuesday night on the 11th in this room. It will be on the Maintenance Codes/International Maintenance Code book with Roger Gordon Building and Codes. On Tuesday the 18th, following the Regular Session, we will have an update on our Industrial Park and we have others planned out beyond that? We will have additional Work Sessions; there is plenty going on; on our agenda to plan very worthy work sessions in the future.

John Chorpening: Is Mosquito spraying done for the year?

Jim Cooper: We will be spraying the North side tomorrow night 9/5/07 and the South side Thursday night 9/6/07.

Questions or comments?

Motion to adjourn the meeting by Robert M. Valentine Ward 2, seconded by Robert Valentine Ward 1.
AYES: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart

Adjournment at 8:20 PM by Glen Stewart, Councilman at Large


                                        Submitted by
                                           Valarie Bishoff
                                                   Clerk of Council