Ashland City Council
MINUTES FOR THE SPECIAL SESSION OF COUNCIL
Monday, August 13, 2007
Council President Glen Stewart called the meeting to order at 7:00 PM
Note: The only thing that will be discussed tonight is what is on the
legislative agenda and what I am going to do is ask for the Roll to be
called for Council.
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
LEGISLATION
Ord.
Item (a) 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
Glen Stewart: I need to share with you that this Ordinance has
been passed on two occa-
sions, two separate nights. Tonight is an opportunity if we
choose to, to pass it on the third
reading which would take it into law.
Move that we remove this tonight and place it on the Agenda for the
first meeting in September by Ruth Detrow, seconded by Robert L.
Valentine.
Ayes: Robert L Valentine W1, Robert M. Valentine W2, Ruth Detrow,
Paul Wertz, Glen Stewart.
Glen Stewart: I know that some of you are here to have to make
some comments on this legislation. We can’t respond, but we
will certainly like to hear your comments. Valarie can keep them
in the record and their keeping will not be wasted.
Comments and Questions:
George Smith, Montgomery Township Trustee: I am concerned about
the annexation of 511 beyond the 250 bypass and back toward
Ashland. They have no sewer out there. They have water
because I helped put the Water line in. How can they stop people
from having water when they are shipping water North? They pay
for that water. We are trying to keep people here. You get
your water from Montgomery Township and here you are taking it
away. I do not understand this. Correct me if I am wrong,
but there is no sewer out there. As far as the other way, I feel
bad for W.I.L Lab, I really do. Because they were promised that
they wouldn’t be annexed.
Glen Stewart: We cannot find record of that anywhere.
George Smith, Montgomery Township Trustee: That was when Mayor Richey
was here. We have a good factory going out there. You better take
a little time on this. You are trying to run something through
that shouldn’t be run through.
Terry Mack, 1192 St Rt 511 North: What we have come to experience
out there on 511 is this annexation has been talked about for probably
20 years. My Grandfather originally built my house on 511 in
1927. My conversation with him before he died in 1995 was; one of
these days you will have water, and said you will have sewage, but he
foresaw a park or an industrial park out there. And I will tell
you what happened probably done in 1985 when we decided to get water
out on 511 north. It wasn’t because we wanted to have water
out there. It was because when you started your development out
there on Westlake Drive, 95% of us lost our wells and they went
dry. We did not have an option but to tie into the City when they
offered it to us. Our recommendation right now would be yes we
need to talk about annexation and we need to talk about sewage out
there. Five years ago, we had the City come out and inspect our
houses for sewage and I agree, we need sewage out there one of these
days because the sewage problem is terrible out there. You can
sit out in front of my house and smell sewage all day long. One
of the worse parts out there is all of our homes over the last 10-15
years, with RPG out there, is our air quality is terrible. We
smell plastic 24/7. We should worry about air quality out there
before we talk about sewage. We need to have a consensus with
everybody out there on 511 North. Another question that was
raised by a neighbor, is what happens; he bought his house five years
ago and put a brand new leach bed in, so he has sewage already out
there. He has well water and he is also hooked into the city but
he is on the other side of the road which he has access to your
water. So if you annex him into the city, are you going to take
away his well? Are you going to take away his leach bed? You are going
to make him annex into the septic system. I have hedges all in
the front of my house; what side is the sewage line going to run?
If it runs on my side of the property, I won’t have any hedges
any more. I will have no privacy.
Comments?
Tim Peaslee, 1224 Co. Rd. 42 B, Ashland, Ohio 44805: I live on
Cleveland Ave. We are one of two houses that the City is talking about
annexing in. Personally, I would probably benefit from it because
my water rate would go down; I would get trash pick; I already pay City
Tax, I work for the City. My issue is, and I just learned this; I
am a little bit irritated that the City is talking about trying to
force me into annexing into the City and you never notified me of this
and it was a possibility of becoming an Ordinance tonight but beyond
that if you annex in my house and the neighbors house I believe you are
creating an island of County property of five more houses and two
businesses that would I believe if it is my understanding, would be
forced into the city because they are surrounded by city
property. The reason we have city water is because the pipes go
through our property because the city needed right of way to go from
the wells further. The city is going to say well you have to come
into the city or we are going to turn your water off when I believe the
right of way agreement long before I owned the property was, if we run
through your property, you can get city water. So, my first
impression is the city is remaining on the right of way with no
intention of trying to renegotiate that right of way. If I am
wrong on anything, please correct me. I will research it
further. I appreciate the extra time before you do the final
reading on it. My biggest position is that if my property and the
property beside mine, Mrs. Hartsels is annexed in, you are forcing the
annexation on several other people which also I don’t believe are
aware of this.
Glen Stewart: Thank you for your comments. We cannot have
dialogue on it, but we want to hear and we appreciate your patience on
this. We have tabled the Ordinance?
Ord.
Item (b) 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. 3RD READING
Glen Stewart: This would be the third reading, this again was
read in two separate meetings prior to tonight, and so this would be
the third reading if we act on it.
Move that we table this Ordinance until the first meeting in September
by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Comments or Questions?
Is it 200% for the sewer or 150% sewer and 200% for water?
Glen Stewart: It is my understanding it is 200% water and 150%
sewer.
Ord. 51-07
Item (c) AN ORDINANCE APPROVING THE RECOMMENDATIONS OF THE ENTERPRISE
ZONE NEGOTIATION COMMITTEE WITH REGARD TO AN ENTERPRISE ZONE
TAX INCENTIVE APPLICATION FOR LIQUI-BOX CORP.
Move for non-reading in full by
Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert Valentine Ward
1, Robert M. Valentine Ward 2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Comments:
Evan Scurti, Economic Development: Sheff Sweet is here with
Liqui-Box.
Sheff Sweet: I have been with Liqui-Box Corporation for 36 years
now. The plant opened in 1971; roughly today they have about 121
full time employees. We were bought out by DuPont Corporation
about five years ago. As you all know DuPont is a fairly large
Company. They have a lot of plants. They have come to us in
Ashland asking us and wanting us to become the flagship company for
their Bag-In-Box operation which speaks very highly of the people in
the plants. A lot of long service employees out there. I
have some drawings here if you would like to see them. We would like to
have the abatement to get this moving forward and move on with this
task. So we are ready to go, drawings are done. It is just
a matter of your approval.
Glen Stewart: Would you mind sharing or briefly, just physically
what you can show us and what is going to be done?
Sheff Sweet: The building right now is about 46,000 square feet;
we would be adding an additional 32,600 feet. This with the new
addition on the building will go on the west side of the
building. This is the existing building now, this section
here. So we are adding 32,000 square feet coming out the west
side. The other thing we want to address while we are doing
this; we want to put a water retention basin on the east side.
There has always been some problems with water run off into the
neighborhood down there. That is certainly not going to solve all
of their problems, but we would like to take care of what we can while
we are doing that. We are going to have to move all of the
incoming electric lines, city water lines, build another road around
the building for access back to the silo areas clear in the back.
It is about $1,000,800.00 dollars (one million eight hundred)
additional cost. This is being done with the hope of generating
about 50% growth for this bigger building. We are hoping 25-30
jobs.
Glen Stewart: Evan, the School Boards have to be notified.
Evan Scurti: Yes, if you go beyond 75% or beyond 10 years, then
they have to approve it. At this level, all we have to do is
notify them. So they have been notified.
Robert L. Valentine: Now they still will be getting this in
Columbus, the tax, instead of going to Columbus, now it is directly
sent to the schools?
Evan Scurti: There used to be a compensation program where we
would abate the company 100%.
Robert L. Valentine: No what I am referring to is the Ordinance,
the abatement the way it is working now, is it going to Columbus then
back to the school district? Does it directly go the School district?
Evan Scurti: I am not sure.
Glen Stewart: This reduces the real estate tax by 75% for 10
years. So the remaining 25% whatever that value is would be spread
percentage wise however the taxes are broken up, as far as real estate
taxes go, is my understanding.
Comments or questions?
Jim Cooper: We met with Liqui-Box and the idea that they are going to
put in the retention pond, they really don’t have to, but to be
good citizens, we are very pleased with them. We are going to
take the water and sewer and reroute it by going around the building
and under the building, as we require so, I highly recommend this.
Sheff Sweet: Yes we are trying to do it the right way.
Paul Wertz: I know you are going to make some neighbors happy up
there. I have had a lot of phone calls on that.
Sheff Sweet: Well, like I say, I am not sure it is going to solve all
of the problems, but it is certainly going to help.
Comments?
Move the Ordinance be passed on the first reading by Paul Wertz,
seconded by Robert L. Valentine Ward 1 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 Ward 1, Robert M.
Valentine Ward 2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move to suspend the rules, 3 separate meetings, 3 separate nights, by
Paul Wertz, sec-
onded by Ruth Detow
Ayes: Robert L. Valentine, Ward 1, Robert M. Valentine Ward 2, Ruth
Detrow, Paul
Wertz, Glen Stewart.
Move the Ordinance be passed by Robert L. Valentine W1, seconded by
Robert M. Val-
entine W2
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul
Wertz, Glen
Stewart.
Glen Stewart: Thank you for your investment back into the Community, I
appreciate it.
Ord. 52-07
Item (d) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR,
DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO A CONTRACT FOR CONSULTING ENGINEER-
ING SERVICES, RELATING TO BIDDING AND CONTRACT ADMINISTRATION FOR
THE MIFFLIN AVENUE BOOSTER PUMP STATION PROJECT; AND DECLARING
AN EMERGENCY.
Move for
non-reading in full by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert Valentine Ward 1, Robert M. Valentine Ward 2, Ruth
Detrow, Paul
Wertz, Glen Stewart
Comments:
Richard P. Wolfe II, Law Director: It is the same project, but
the first one is hiring the Consultant and that is a non-bidding
situation and the second one is contracting for the work and it is a
bidding situation, so it is the same project and the total amount is
for the two things. I felt this was the more appropriate way of
doing it, to split it up because we have two different processes and
two different kinds of work there that are part of the overall
contracts. The two Ordinances go hand in hand but that is why
they are split up. See item 4 in the first one and item 3 in the
second one. The only difference is the first one is professional
engineering services and the other is the actual improvement.
Robert L. Valentine W1: There is no balance, there is a 0 balance
but is 5601 otherwise in July 31, it has a 0 balance.
Anna Tomasek: This is a Grant project. It is a construction. If
the money is appropriated, basically when the money is appropriated as
a grant capitol improvement, what the city does is we go ahead and do
the bidding and basically go out for a contract and get the project
constructed and it is a reimbursement type of grant from the State.
Glen Stewart: So we front the money.
Anna Tomasek: Yes, the city fronts the money.
Glen Stewart: And there is an account to handle that?
Anna Tomasek: Correct. There is a city share too.
Robert L. Valentine W1: Is that a percentage?
Anna Tomasek: No. This is part of the Grant application.
Jim Cooper: This is an Issue 2 project.
Glen Stewart: So how much are we committed for out of this
493,000.00.
Anna Tomasek: 0% interest fund. We have 93,000.00. I
don’t know the amount of the Grant.
Jim Cooper: I guess $350,000.00 and then we had to come up with
the difference which is about $50,000.00 dollars and we have a loan
also with 0% interest for five years. Total of all of those come
to $493,000.00 dollars. It is $350,000.00 for the Grant,
$93,000.00 for the loan, and $50,000.00.
Glen Stewart: But we have to pay the $93,000.00 dollars back?
Jim Cooper: Yes Sir.
Comments or questions?
Move the Ordinance be passed on the first reading by Ruth Detrow,
seconded by Robert L. Valentine Ward 1 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 Ward 1, Robert M.
Valentine Ward 2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move to suspend the rules, 3 separate meetings, 3 separate nights, by
Paul Wertz, sec-
onded by Robert L. Valentine W1
Ayes: Robert L. Valentine, Ward 1, Robert M. Valentine Ward 2, Ruth
Detrow, Paul
Wertz, Glen Stewart.
Move
the Ordinance be passed by Glen Stewart, seconded by Robert M.
Valentine W2
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul
Wertz, Glen
Stewart.
Ord. 53-07
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 MIFFLIN AVENUE BOOSTER PUMP STATION PROJECT 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 Ward 1, Robert M. Valentine Ward 2, Ruth
Detrow, Paul
Wertz, Glen Stewart
Jim Cooper: The Booster Station Mifflin Avenue, the building
needs to be re-worked but the Booster Station itself, the pressure in
the tank is antiquated and needs to be upgraded and that is what this
is for. The reason for the Consultants are: They have
expertise and Electrical Engineers to make sure everything gets
constructed properly and we will do the day to day inspection but we
utilize their talents.
Glen Stewart: Jim, how much will their share probably be out of
this $490,000.00?
Jim Cooper: About $460,000.00 dollars. I don’t think
it is going to go above that but to be honest with you; the Consultant
is $18,000.00 dollars. We are hoping there will be some left
over.
Questions or Comments?
Move the Ordinance be passed on the first reading by Robert L.
Valentine W1, seconded by Robert M. Valentine W2 to invoke Section
113.01 of the Codified Ordinances as the distribution of this Ordinance
has satisfied the requirements of said Section and that a further
reading be dispensed with at this time.
Ayes: Robert L. Valentine Ward 1, Robert M.
Valentine Ward 2, Ruth Detrow, Paul
Wertz, Glen Stewart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, by Paul
Wertz, sec-
onded by Robert L. Valentine W1
Ayes: Robert L. Valentine, Ward 1, Robert M. Valentine Ward 2, Ruth
Detrow, Paul
Wertz, Glen Stewart.
Move the Ordinance be passed by Ruth Detrow,
seconded by Robert M. Val
entine W1
Ayes: Robert L. Valentine 1, Robert M. Valentine 2, Ruth Detrow, Paul
Wertz, Glen
Stewart.
Glen Stewart: That concludes the legislative portion of our meeting
this evening. There are no resolutions, nothing else. There
is a note on our Agenda that we have received a letter from ODOT
regarding speeding on route 96. We are reminded that we
need to submit our questions regarding the Maintenance Code to Roger
Gordon who is committed to responding to those questions in our Work
Session on the 11th of September. There are two copies of
the International Maintenance Codes in the Library.
Ruth Detrow: I urge people to read it over. I know that takes
some effort but we can’t read peoples minds. We need to
know the feelings of our community before we take action on this.
Comments or questions:
Glen Stewart: At this point I am going to ask for a motion to
move to an Executive Session. The Executive Session this evening
will be discussion relative to the Purchase of Property, there will be
discussion regarding potential or imminent litigation and discussion on
Personnel benefits and there will be no actions taken. We will
come back out from that meeting and adjourn.
Move to adjourn to the Executive session by Ruth Detrow, seconded by
Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Adjourned to Executive Session at 7:27 pm.
Reconvened from Executive Session by Ruth Detrow, seconded by Robert M.
Valentine W2.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart
Adjournment at 8:42 pm by Paul Wertz, seconded by Robert L. Valentine
W1.
Ayes: Robert L. Valentine W1, Robert. M. Valentine W2, Ruth
Detrow, Paul Wertz, Glen Stewart.
Submitted by
Valarie F. Bishoff
Clerk of Council