Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
May 1 , 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

Note: Throughout the minutes, Robert L. Valentine and Robert M. Valentine are designated as to their ward representation, W1 and W2.  

PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES
   Regular Session:  April 17, 2007
  Charter Review:  April 19, 2007

No Corrections or Comments;

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

Comments of questions from the Audience: Items that are not included on the Agenda.

None.

LEGISLATION

Ord. 29-07
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE FOR
            BIDS AND TO ENTER INTO A CONTRACT FOR THE PURCHASE OF EQUIPMENT
            FOR THE WATER & WASTEWATER TREATMENT DIVISION OF THE CITY OF ASH-
            LAND, OHIO, AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by 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:   Valentine W 1, Valentine W2, Detrow, Wertz, Stewart



Comments:  
Jim Cooper:  This is a modern day sewer upgrade, obsolete system and this will allow the Water Treatment plant, Wastewater Treatment Plant and Maintenance Garage to communicate together and I think for probably the long term be very economical to have this system.  Bruce Wiser has done all of the research for pricing and this is what he has come up with

Glen Stewart: I have a question, it is going to hit some of you blindsided.  Is this system compatible with the city, if we were to go with a citywide upgrade of the phone systems?  Does that have a lot of flexibility and compatibility if we were to do something city wide?

Jim Cooper:  To be very honest with you, I cannot answer that.  There are no details on this.

Mayor Strine:  I don’t know whether Section 2 answers your question on that or not.

Glen Stewart:  It indicates there is some capability.  Most modernized systems have a fair amount of flexibility but that is a question I need to ask and Jim we have some our list stations have a radio signal back to the wastewater treatment. Does that figure into that?

Jim Cooper stated that it does.

Comments or Questions:

Robert Valentine W1:  What telephone system are we working with? Is it Verizon?

Mayor Strine:  If you want to put this off that would be fine.

Richard Wolfe II, Law Director:  Until there are bids, it is no one in particular.  This kind of contract should be bid.

Robert Valentine W1: Just for my own information.


           Moved by Stewart and seconded by Valentine W1 that the Ordinance be passed on the
           first reading.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Valentine W1 that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Stewart that the Ordinance be passed.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart

    Motion carried.


Ord. 30-07
Item (b)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
              PUBLIC SERVICE. TO ADVERTISE FOR BIDS AND TO ENTER INTO CONTRACTS
              FOR THE 2007 REPAIR AND RESURFACING OF VARIOUS STREETS IN THE CITY                
              OF ASHLAND, OHIO, TOGETHER WITH ALL INCIDENTALS AND APPURTE-
              NANCES NECESSARY THERETO; AND DECLARING AN EMERGENCY.
Moved by Wertz and 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 W 1, Valentine W2, Detrow, Wertz, Stewart.


Comments::
      Jim Cooper:  The resurfacing program as far as what the city is going to do directly is a little less than normal and that is because we are partnering with ODOT to do Center Street, Main Street and Cottage Street, but there is $250,000.00 dollars that has been appropriated and these are the streets that we are proposing for this year and in addition to some crack-sealing.  $176,0900.00 dollars of the $250,000.00 dollars is the County permissive tax.  If this approved, we need to go to County Commissioners since they owe that money and request that they release set amount to us for that account number.

Robert Valentine W1:  Is that Centerlane?   It says Centerline.

Jim Cooper:  We have $12,000.00 in here right now.   

Robert Valentine W2:  Do we have like so many years we do it in or do you go by the condition of the streets?

Jim Cooper:  They still have a number of years since last time it was done, based on the condition.  Yes those type of things.  Jerry Mack during Winter and Springtime develop some lists and works with me.  They get together and look at it and based on that I am field looking, the list we have overall we come with this type of what we think might be the streets that most need it this year.

Glen Stewart:  Will this be new Asphalt?

Jim Cooper:  Absolutely.  Yes Sir. Some we will grind.

Questions or Comments: None.

           Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed on the
           first reading.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Valentine W1 that the Ordinance be passed.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart

    Motion carried.





Ord. 31-07
Item (c)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR DIRECTOR
            OF PUBILC SERVICE, TO ADVERTISE FOR BIDS AND TH ENTER INTO A
            CONTRACT FOR THE CONSTRUCTION OF THE ASHLAND BUSINESS
            PARK RETENTION POND PROJECT IN THE CITY OF ASHLAND, OHIO;
            AND DECLARING AN EMERGENCY.


Moved by Wertz and seconded by 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:   Valentine W 1, Valentine W2, Detrow, Wertz, Stewart.


Comments:  
      Jim Cooper:  This is our retention pond of the Business park including the designing for us, basically the designing is done.  

Paul Wertz:  What are the particular areas that will be located at?

Jim Cooper:  It will be located at the Northwest Corner of Cottage Street and Faultless Drive in that Swail.

Glen Stewart:  This will serve the entire Industrial Park back to Ford Road and over the hump with go the other way.

Jim Cooper states yes.

Glen Stewart: We won’ t be picking up anything on the East side of Rt. 250?

Jim Cooper:  No sir.

Questions or Comments:

Glen Stewart:  What’s the anticipated construction time on this?

Jim Cooper:  Once we bid it out through that process, about late May or early June at the latest.  And have it constructed by the end of July.

Mayor Strine:  Glen asked me that question.  It makes me wonder, I looked at the map 100 times and I cannot picture, where does that water go?

Jim Cooper:  That water goes down past where the Archway Cookies are, the Donaldson property, goes down to 511, through the culvert and hooks to Rt. 250, it runs by the Eagles to the lake.  

           Moved by Stewart and seconded by Valentine W1 that the Ordinance be passed on the
           first reading.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Wertz and seconded by Detrow that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine W1 that the Ordinance be passed.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart

    Motion carried.

Ord. 32-07
Item (d)  AN ORDINANCE APPROVING AN  AMENDMENT TO THE AGREEMENT
             FOR ESTABLISHMENT OF THE ASHLAND AREA COUNCIL FOR ECO-
             NOMIC DEVELOPMENT; AND DECLARING AN EMERGENCY.

Moved by Wertz and seconded by 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:   Valentine W 1, Valentine W2, Detrow, Wertz, Stewart.

Comments:
   Glen Stewart:  In following with the bylaws that are set up for the Ashland area Council for Economic Development, the appointees from the Commissioners office and from this office and all appointees are set for a 3 year term.  Three years does not coincide with any of the elected positions at all.  For instance, I have 2 more years to serve and my term is up in December so this means that Council would be into the appointment stage of someone to complete a term.  If we reset these terms, the way we have it set up is that councilpersons term, would end at the end of this year, that would be a 2-year term.  The commissioners term will end next year which is at the end of Mike’s term and then the appointees from the Council and from the Commissioners are set up so that the appointee from this Council, the person from the city appointed by this Council, they would be, their term would run through 2008, so one of the two appointees from Council would carry through and one would be appointed.  So what we have done, we have tried to get this in sync with the actual terms that fall in a 2 yr, 4yr type thing instead of a 3.  The other major change we have made, currently City Council and the Commissioners appoint an At-Large representative from someone, can be from the County, City or wherever.  We are asking, and I say we as a chairperson of the Economic Development Council, we are asking that the Commissioners and the Council allow us a change that would provide for the Council and the Commissioners to appoint the, replacing the At Large position with a position from someone off of the Mohican Area Growth Foundation.  That is another area of Economic Development that the Council is working very closely with and we personally feel it is the right thing to do to additionally submit us together and make us a closer knit organization.   So it is term changes and the At Large position goes from At Large to a appointment from the Mohican Area Growth Foundation.  That is what all of this language is about.  We put a lot of time in it to make sure it has some logic to it.   5-member board still.  

Questions or Comments?  None.




Motion to pass by Glen Stewart, moved by Valentine W1and seconded by Valentine 2 that the rules requiring the reading on three separate days be suspended and that the Ordinance be passed on the second and third readings.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart
Moved by Detrow and seconded by Valentine 1 that the Ordinance be passed.
Ayes:   Valentine W1, Valentine W2, Detrow, Wertz, Stewart

    Motion carried.

Ward Reports:
   We have received 9 letters and still receiving additional letters regarding the Sidewalk Issues.  Copies have been distributed to all Council. Valarie is keeping a file on all letters.  We have a total recap of all communication.

Ward 2:  Bob Valentine
(a)    Couple calls regarding sidewalks, they were happy we are having the meeting on 5/10/07.

Ward1:  Bob Valentine
(a)    Numerous calls regarding sidewalks and what their positions were.
(b)    Cable service on Samaritan, person concerned way complaint was handled.
   Cable Company mis-communicated with her.  Her concern, she thought she had telephone service, neighbors had same problem. Will bring up at 5/8/07 meeting
(c)  Call on the size of the Garbage can.  Talked to Curt Young and he took care of it.

Ward 3  Ruth Detrow
(a)    Had a Ward meeting, sidewalks on 4/26/07, 70 people attended, vast majority not wanting anything done with the sidewalks, legal questions.  I favor putting sidewalks in.  Am listening with great care to the people in her ward.  The people will make the decision. They feel strong about this.  Can’t have a town that is run down.

(b)    Trash and Garbage twice a week, with gasoline prices going up, it has become and issue with person.  Has any comparisons been done on how much would be saved if going to once a week trash pick-up.  

Curt Young:  Fuel prices are relatively small and not a huge portion of his operating budget but will keep an eye on it.  If at some point, if an issue, we can make a change then with our rotation being the way it is.  Manpower is the biggest operating budget.  

Ward 4  Paul Wertz
(a)    2 Calls regarding Jake Braking on Jacobson Ave.  Semis coming in seem to hit their Jake Brakes all times of the day and night, noise problem.  

(b)    Alley on West 10th, Jim Cooper is looking into for him.  On record.  

(c)    House at 1128 Union Street where you pull down on Orange Road, Brick house on the corner, you almost have to pull out on 58 to see oncoming traffic, bushes are halfway across the sidewalk, needs trimmed back. Hazard.

(d)    426 W. Tenth Street, have two dead trees, arborist needs to check them. Maybe cut them down if dead.

At Large President Glen Stewart
(a)    Calls on Cable Franchise, bring up at meeting on 5/8/07

(b)    Meeting for Sidewalks, Work Session May 10 at 7:00 pm will not be at the Annex, it will be at the Little Theatre at the Ashland High School at no cost to us, Council or the City and they are going to set it up in a fashion that will accommodate the 5 of us, the Mayor , the Law Director since it is a Work Session and we will have microphones and a standing Microphone and we will have a procedure to handle the anticipated crowd. News media can handle the communication to the public.

      (c)  On May 8 we will be here to discuss the Cable System Franchise.

Old Business: None

New Business:
   Application for a Liquor Permit- Apple Ohio LLC, DBA Applebee’s, 2250 Claremont Ave. Ashland, Ohio 44805.

(a)    Request for a D2 License, Wine and Certain pre-package drinks for on premises consumption and in sealed containers for carry-out until 1:00 am.  This is not a transfer, this is new.  

Richard P. Wolfe II, Law Director:  I think this is an extension of later hours.

Glen Stewart:  We have options, we can request a hearing to be held at the County Seat or in Columbus or we do not request a hearing.  

Moved by Wertz, request no hearing, seconded by Valentine 2.
AYES:  Valentine 1, Valentine 2, Detrow, Wertz, Stewart

Glen Stewart:  I talked to Anna a few weeks back and she has some significant information for us regarding our financial position.

Anna Tomasek:  Finance division has prepared reports for Council.  Income Tax receipt and revenue for January, February, March and April. Contains Income Tax collections for this year vs last year and the overall conclusion is the City of Ashland at this time over last has approximately 152,000.00 dollar increase Income Tax collections first report.

The second report shows the actual revenue. Actual % for businesses and individuals.  The overall collection for January thru April was $3,000,000.00 ;  10,456.28 at this time for 2007 for a grand total 3,162, 471.79. So the Income Tax revenue is stable.

Glen Stewart:  To keep the glass full mode we are doing okay, the income we built the income around as far as income tax, we are okay.

Anna Tomasek:  Correct.  Last year grand total of Income Tax collections in 2006 was $8,542,453.00. Our estimate 2007 $7,550,000.00 and it looks like our estimate was low.  Now is $8,000,000.00. Should stay Conservative. Income tax extension in 2005, Income tax extension 584, and this year is less at 524 extensions.

Glen Stewart:  That extension tells us that the cash flow is running lower than last year.  60 fewer extensions.  We still expect Hospira is still on tract to phase out by the end of July.

Questions or Comments:  None.

Robert Valentine W 1- Average sidewalk $2500.00. Average Installation.

Mayors Comments:  None

ADJOURNMENT

Moved by Stewart and seconded by Valentine 1 to adjourn.
Ayes:  Valentine 1, Valentine W2, Detrow, Wertz, Stewart

        Council adjourned the regular session at 7:40 p.m.





                                        Submitted by
                                        Valarie Bishoff
                                        Clerk of Council