Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, May 15, 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: This evening we have Scouts from Troupe 507 with us, if any or all of you would like to lead us into the Pledge, please do.  

PLEDGE OF ALLEGIANCE

We welcome the Scouts today as well as their Leader.  Names of the Scouts:
    William Drugan    Mary Shears
    Avery Paul        Patrick Lovell
    Tim Burley        James Phillips
    Roley Kiser         Bobby Shambaugh

Glen Stewart:  What I would like to do at this point in time Scouts is; we are going to go through a Standard Agenda and we have 3 items of Legislation that we will be acting on this evening. We will be asking the audience for comments.  We have Ward Reports, Old business, New business.  We have Representatives here from Aber’s Truck Center who will be talking to us.  We have a request for a Liquor Permit.  We have a Public Hearing that we will adjourn to at 7:10 and after that there will be a presentation from Cheryl Staron on Formula for Fair Housing.  Scouts I want to introduce the People that are behind us.  These are the people that make the City work.  

1.    Anna Tomasek, Finance Director
2.    Cheri Helterbridle, Director of Human Resources and Safety
3.    Bruce Wiser, Director of Water and Wastewater
4.    Curt Young, Director of Water Distribution and Sanitation
5.    Bill Miracle, Chief of Police
6.    Jim Cooper, Director of Engineering
7.    Elli Grubb, Mayors Assistant
8.    Jerry Mack, Street Director
9.    Valarie Bishoff, Clerk of City Council
10.    Richard P. Wolfe II, Director of Law
11.    William Strine, Mayor
12.    Glen Stewart, President of Council
13.    Paul Wertz, Ward 4
14.    Ruth Detrow, Ward 3
15.    Bob Valentine Ward 1
16.    Bob Valentine Ward 2

As we move through this evening’s Agenda, if you have a question about what we are doing, raise your hand and I will acknowledge you when there is a proper break, you will be able to ask your question and we will attempt to answer it.  Is there anything anyone would like to add to the Scouts attending this evening before we get into our meeting?  

Ruth Detrow:  Are you working on a special badge or are you here just as a project for your whole Troupe?

Leader:  This is a Troupe that has been working on its Citizenship of the Community Merit Badge, this is a requirement.  The Troupe came today for this and that part of it will be signed off.

PRESENTATION OF MINUTES

April 23, 2007 Ward 4 Meeting-Sidewalks; April 24, 2007 Regular Session; April 26,
2007 Ward 3 Meeting-Sidewalks; May 1, 2007 Regular Session; May 3, 2007 Charter
Review, May 8, 2007 Work Session
 
Moved by Detrow and seconded by Valentine W1 to approve the minutes as received.
Ayes:  Valentine W2, Detrow, Wertz, Stewart, Valentine W1

Glen Stewart:  There is a list of several sets of minutes that we have received; are there any objections or corrections to any of these Minutes?  If not I would entertain a Motion to accept all of them as received.

Moved by Bob Valentine1, seconded by Bob Valentine 2.
Ayes: Bob Valentine W1, Bob Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

COMMENTS OR QUESTIONS FROM THE AUDIENCE: (Items not appearing on the Agenda)
 None.

LEGISLATION

    (a) AN ORDINANCE AUTHORIZING CERTAIN LAND BELONGING TO THE CITY OF ASHLAND, OHIO TO BE SOLD THROUGH THE COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING AN EMERGENCY.

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 W1, Valentine W2, Detrow, Wertz, Stewart,

Comments:
    
Robert Valentine Ward 1- For me, I do not have enough information here.  I understand somewhat, but I think I need further study of it myself.  

William E. Strine, Mayor- Do you have any idea Bob what it is that you need?

Robert Valentine Ward 1- I think we ought to look into it, I have to look into it and I am concerned with some things, cost and other things.  

William E. Strine, Mayor – I sure would like to discuss it if there is anything we can help answer. We have worked very hard over the last 4-5 years to develop the system where it helps developers and business people.

Robert Valentine, Ward 1- My understanding; what business are we talking about that is going in here?  

William E. Strine, Mayor- It will be Fulfillment and some manufacturing.  

Robert Valentine Ward 1 -  What is Fulfillment?

William E. Strine, Mayor – Similar to what Mr. Baker does for Pentair.

Robert Valentine, Ward 2 – Repackaging of pumps.

William E. Strine, Mayor:  Yes and I think if you have looked at it, and you have reviewed any project that Mr. Baker has done, they have all been good projects and I just hate to take the chance that this will go somewhere else.  It is 40 jobs.  

Robert Valentine Ward 2- My concern is the job, he doesn’t pay the best wage and there are no benefits, I know first hand there are no benefits.  I kind of have a problem with that.  

William E. Strine, Mayor- I would recommend that Council pass this tonight.  That is entirely your decision.  

Glen Stewart:  Council members, I conferred with Mr. Wolf.  It is appropriate if we choose to, we can go into an Executive Session on this.  If you would like to adjourn to an Executive Session for further discussion of the details of the sale of this Land, it is appropriate.

Motion to move to Executive Session by Ruth Detrow, seconded by Robert Valentine Ward 2,
Ayes:  Robert Valentine 1, Robert Valentine 2, Ruth Detrow, Paul Wertz, Glen Stewart.

PURPOSE:  The discussion of the sale of this land.   

Glen Stewart:  Now I have a predicament; we have a Public Hearing at 7:10 p.m. and we have adjourned to an Executive Session.  I need some advise from my Director of Law.

Richard P. Wolfe II, Director of Law:  Well, Just go to the Executive Session and come back out and have the Public Hearing.

Council went into Executive session at 7:10 pm until 7:29 pm.

Motion to come back into Regular Session of the Meeting by Paul Wertz at 7:29 pm, seconded by Ruth Detrow.
Ayes: Robert Valentine Ward 1, Robert Valentine Ward 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Moved by Paul Wertz, seconded by Glen Stewart to go to Public Hearing.
Ayes:  Robert Valentine Ward 1, Robert Valentine Ward 2, Ruth Detrow, Paul Wertz, Glen Stewart.

Jim Cooper:  I would like to give a brief explanation of the CDBG program and how it relates to money we get every year for the state.  This year we are getting $86,000.00 dollars and for the last 5 years it has been about $105,000.00 dollars to $ 86,000.00 so it has been going down.  Basically, there is some national objectives that have to be met to get this money and one of them is to make sure that a lot of the benefits go to the low to moderate income areas and we 7 areas for the census to 2000, it is hard for you to see there.  To get the money for a project is you almost need to be in one of those areas.  Those areas are low to moderate income on the average for a family above 51%. So that is one of the criteria.  Another criteria would be trying to prevent blight in slum areas, possible to use this money for that.  Then also and urgent need area for flood, tornado, some kind of task in any area of town.  You can get out of those areas but at least 51% of the money has to be spent in those areas.  So examples of projects would be Street improvements, water and sewer line replacement, park restrooms, which we did down on Congrove a few years ago.  Public service a areas would be census as we have done in the past with transit.  There are many other areas.  If any citizens have a project they might have questions about they can certainly give me a call. We are allowed 3 projects in the city this year.  Since the money is coming down we get to take a look at it to try and make sure we get a project that benefits as many low to moderate income people we can.   That is basically a very thumbnail sketch, this is a Public Hearing, and if there are questions, I will be glad to answer them.  We will have another hearing the next Council session and at that time, Council will let us know prior to that what projects we will be doing and we will announce those in 2 weeks.  

Robert Valentine Ward 1- Jim, What did you say we were going to get?

Jim Cooper:  $ 86,000.00 dollars.

Robert Valentine Ward 1: Now we don’t have to have 3 projects do we?

Jim Cooper:  No sir.

Robert Valentine Ward 1:  Can this money be used for sidewalks?

Jim Cooper: It could, that’s a possibility.

Ruth Detrow:  Only in the areas those are available for that.

Jim Cooper:  Low to moderate-income areas.

John Chorpening- Did you say that 51% of that has to be spent in that low to moderate-income area?

Jim Cooper:  Yes, At least that.
 
John Chorpening:  So then can 49% of that be spent outside of that area, in sidewalks?

Jim Cooper:  Yes it could be.  It would be very hard to justify it, but it could be.  Overall for the State.  The State has to show 70% overall goes to low to moderate income.  It is possible, but not likely.

Move that the Public Hearing for the CDBG be closed by Glen Stewart, seconded by Paul Wertz.
Ayes: Bob Valentine W1, Bob Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Presentation by Cheryl Staron, regarding Formula for Fair Housing,
   
      Mr. Mayor, President of Council, Council Members, Guests: My name is Cheryl Staron and I am the Director of Fair Housing Services with the Ohio Regional Development Corporation.  Our office has an agreement with the City of Ashland to provide fair housing, education, outreach and services to the residents of the City of Ashland.  I am glad you have given me the opportunity to piggyback on Mr. Cooper’s presentation because the reason I am here this evening is the City of Ashland received CDBG Formula funds in fiscal year of 2006 which is the current operating year.  One of the agreements that City Council agreed to when they applied for this funding was that if the City received the funds, they would make themselves available for a brief fair housing training session.  I am going to take about 3 minutes and describe what it is I do and why we are required to do this.  Our office handles complaints and concerns from people who believe that they have been treated differently with regard to housing.  Fair housing is to determine that anyone who falls into one of the classes as recognized by state and federal law is not denied the opportunity for housing because they are a member of one of those seven protected groups.  The seven protected groups are race, religion, color, national origin, sex, familial status and disability.  If someone feels that they have been treated differently with regard to a housing matter and a housing matter does not necessarily mean Tennant/Landlord issues, housing matter can be a tenant issue.  It can be an issue when someone is working to purchase a property when they’re working to get it financed, getting a fair appraisal or working to obtain homeowners insurance.   Anything that has to do with housing and they feel that they have been treated differently because they are a member of one of the seven protected groups; they have the right to file a complaint of fair housing discrimination.  Our office acts as the intermediary for those folks for the City of Ashland.  I have the forms available and I can assist someone in completing those forms and forwarding those forms to the proper agencies.  Mr. Cooper mentioned the fact that reduction in the funding over the last several years.  Grant funding is becoming more and more and more competitive.  We are all aware of that.  And in order for the City of Ashland to be in compliance when the entire grant would be monitored, it must be confirmed that I was here and had this opportunity to share some fair housing information with you.  That is why I am here.  That is why I was put on the Agenda.  Actually that is really about all I need to share with you.  I do have brochures and I would like to leave them with the Clerk.  They do have a local contact number on them.  This number is actually Mr. Cooper’s number.  If he is unable to assist a caller, he will refer them to our office and that is 800-toll free number that is on the brochure.  We are required by the State to make a local contact number available in the service area.  This also helps you to meet your requirements by the State.  Are there any questions that I might answer for anyone? Council? Public.

Glen Stewart:  Thank you very much.  We appreciate you coming in this evening.  

LEGISLATION:

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

COMMENTS:

     Robert Valentine Ward 1- My comment hasn’t changed since before.  I was concerned with
 the cost.

Glen Stewart:  In my view of the Cost breaker; after I viewed the land this afternoon and fully
understand that we have not invested any additional infrastructure money for that particular
parcel of land, unlike what we have done across the road on the West side of Rt  250.  I feel that
it has a comparable pricing structure that we recently sold to another firm.  That is an opinion
I share.

Robert L. Valentine W1- It is my understanding at one time, the land was divided into certain
prices that were going to be asked for.  I guess my concern is that I have the feeling that the
price we are asking for this land was not the price that I thought we were asking.  I don’t know
if I am wrong or right.   That is where we disagree.

Mayor Strine:  What did you think we were asking?  

Robert L. Valentine W1- It was certainly more than this.  

Mayor Strine:  Do you know off hand where that information came from?

Robert L. Valentine I.- It came from you.  

Mayor Strine:  No it didn’t.  When did I ever price that land?

Robert L. Valentine W1- I asked you a number of times about it because I was not
familiar with the land, because I said well.  And you said well this land back here
does not cost as much when you buy this.
How else would you interpret that.

Mayor Strine:  I don’t ever remember ever quoting any prices, that’s why I am a little surprised
in what you're saying.  If I mislead you I apologize for that but I don’t recall putting any price on
that land.  

Robert L. Valentine Ward 1- I don’t know if the price when we talked about the land or Etha
nol, didn’t we have a price for that, $25,000.00 or $30,000.00, isn’t that a price?  

Mayor Strine- The Ethanol plant would cost us a lot more money that this would.

Robert L. Valentine W1- Well, but the point was when I was told that the land they wanted to
buy was the prime land and that is why the price was that.  I know I was told that.  I am not
reaching up here.

Mayor Strine- So you’re saying we should ask more for the land?

Robert L. Valentine W1- Yes.

Motion to pass this Ordinance on the first reading by Glen Stewart, Paul Wertz moved to pass
On the first reading, seconded by Ruth Detrow.
Ayes:   Ruth Detrow W3, Paul Wertz W4, Glen Stewart, President of Council
Nays: Valentine W1- No, Valentine W2- No

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. Nays:  Valentine W1- No Valentine W2- No
Ayes: Detrow, Wertz, Stewart

Glen Stewart:  It takes 4 votes to suspend the rules in three separate reading, 3 separate evenings.  The motion has passed on the first reading and will come back up for consideration again at our next Council Meeting.

Mayor Strine:  Is there any information that I can get for Council for the next meeting.  I think it is extremely important that this transaction goes through.  It is adding 40 jobs to our community.  

Valentine W1- Certainly I don’t want to try do anything as far as the community is concerned.   I feel the same way.  Can we get some clarification in as far as land is concerned?  What is prime land?  What is the asking price?

Mayor S trine:  Bob I will work as close as I can with you, it is difficult when it is different situations.  Where you have scenarios of people who want to bring a business to town.   They are all different.  So I don’t think it is fair.

Valentine W1- Don’t we have a price range of prime land as opposed to the other?

Glen Stewart:  One of things that I have tried to consider in this thought process is if a firm would have come in and needed 10 acres with 10 jobs, in my opinion, the asking price for that land would be considerably more than if a firm would have come in and ask for 10 acres and 100 jobs.  Job density to me is rather important for the investor.  I don’t have a price structure for that land based on that criteria either.  I have never given a thought to the actual price structure.  I know that we had talked a range for the 70 acres at the Ethanol firm has been considering.  I think Council has voiced their opinion on that price structure.  I initially thought that we were pricing the land that is in this Ordinance this evening too low.  The reason I thought that is I was looking at the comparing the total.  But again there has been no infrastructure improvement.  Any improvements that are made to this particular site will be the responsibility of the developer or the buyer in this case and not the responsibility of the City which is different from the land on the West side of the road.  That being said, I respect everyone’s thoughts and opinions and we will move forward.

Robert Valentine W2- Is there any way to get a hold of Mr. Baker,  information wise.  I would like to know the 40 jobs, is that full-time jobs; are they using any temp works, and temp services and what is their rate of pay and benefit package?

Valentine W1: We are talking about an IVAC provision, is that correct?  Is that pretty much clear?

Mayor Strine:  No that will be in there.

Ord. 33-07
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CON-
               TRACT WITH MONTGOMERY TOWNSHIP. ASHLAND COUNTY, OHIO, FOR FIRE PROTEC-
               TION, RESCUE AND AMBULANCE EMERGENCY SERVICE AND NON-EMERGENCY
               AMBULANCE TRANSPORTATION.

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

Comments: None.
    
Mayor Strine:  This is something the Fire Chief and myself negotiated with the Township Trustees and I think you’ll see that is 5% a year.  And they were totally acceptable and agreeable to that.  It went very well.

Glen Stewart:  They have exactly the same service as a resident of the City and they pay the same rate for transportation or whatever the case may be.  

COMMENTS: None.

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

Move to suspend the rules 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 by Paul Wertz, seconded by Ruth Detrow.
Ayes: Valentine W1, Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

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

Ord. 34-07
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN
               AGREEMENT FOR THE PURCHASE OF ONE (1) LIGHT TRANSIT VEHICLE-NARROW
               BODY (LTN) AND ONE (1) CONVERTED VAN FOR ASHLAND PUBLIC TRANSIT
               (APT) OF THE CITY O FASHLAND, OBVIATING FORMAL ADVERTISING AND BID-
               DING; AND DECLARING AN EMERGENCY.

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

Anna Tomasek: Finance Director:  This piece of legislation is to purchase 2 vehicles for Ashland public transit.  These vehicles will be purchased off of the State of Ohio Contracts and asked questions of gas prices as they are now and allow us to keep our fleet current and keep on providing transportation by grouping coordinating our trips better.  Right now, the converter Van will replace our existing Converter Van which has over 103, 267.00 miles and LTN will replace the Van that has over 120,000.00 miles on it.  So these vehicles have a lot of wear and tear and maintenance costs so that is why we are replacing them which have been part of the ODOT 4 year capital plan that has been submitted every year.  

Robert Valentine W1- just two questions.  We pay 10 % of this right?

Anna Tomasek- That is correct.

Robert Valentine W1:  I guess the next question is not relative to this.  I am just curious, with the priced of gas.   Has it increased any? With the Price of Gas?  We haven’t changed our prices have we?

Anna Tomasek:  No.  The current level of transportation is basically estimated between 40,000.00 – 50,000.00 trips a year and it is increasing especially with the coordination project.  That has increased the riders dramatically.  Since that project has come in to play in 2005.  

Robert Valentine W1:  I am curious to know with the Price increase in gas whether more people were using our transportation?

Anna Tomasek:  It is hard to track, but our agencies,  we get a lot of referrals from Job and Family Services Council on Aging.  We are coordinating; all the agencies in the County were trying to save cost.  Yes, gasoline prices are high, major transportation use for the city is for: 1)medical purposes 2)employment

Glen Stewart:  Were both of these able to use all fuels or E-85?

Anna Tomasek:  That I will check back with you.

Comments or Questions:  No.

Motion by Glen Stewart, so moved by Valentine W2, seconded by Valentine W1.
Ayes: Valentine W1, Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Move to suspend the rules 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, seconded by Ruth Detrow.
Valentine W1, Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

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

Resolutions: None

Ward Reports:

Robert M. Valentine W2:  None.
      (a) Thank you Richard P. Wolfe II, Law Director for taking care of a problem for me.

Robert L. Valentine W1:
      (a) No phone calls like were getting about Sidewalks but some people are talking to me and asking me questions.
   
Ruth Detrow: None

Paul Wertz W4:  
(a)    Thank you Richard P. Wolfe II, Law Director for taking care of a couple of problems.

Glen Stewart, Council at Large
(a)    Comment: This came from someone who lives outside the city but uses our Soccer Fields with his Students, young people with a great deal of regularity.  He had occasion to stop at my home and compliment the Soccer Complex, the Soccer Fields that we have in Ashland, Ohio.  His kids are on a traveling team and where the options exist on numerous occasions the opponents, the opposing team, may have been a home game for them, on several occasions they have elected to come to Ashland to play Soccer.  I think that speaks very highly of what is happening on our Soccer Fields and our maintenance of those fields and they are especially complimentary when they get the once particular league.  They get a once a year chance to play on the lighted field and they think that is just pretty darn great so I compliment the Departments that are not here and I wish they were here because we do not hand very many of these out.   Thank you, appreciate that.

Old Business:

(a)    Ruth Detrow:  I continue to be concerned about what we will do and what the feelings of people are about sidewalks.  I have heard a great deal on all 3 and have been to all 3 of the meetings concerning sidewalks and I think that the feelings of the people who attended the meetings are fairly clear.  I am concerned about the people who did not attend the meetings because the people who attended the meetings had a very definite message to send to City Council and I think, and this is my feeling, not a consensus from Council.  I think we misread the feelings of the people of Ashland and I would like to do one more thing and I do not mean that this is something that will make the decision about we do about the sidewalks, I don’t mean that at all, but it will add to the information we have and I would like to have, and I make a motion, Mr. President, that the list I already have made out or something similar and edited be inserted into the Water Bill with people to return it when they pay their water bill.  This will give us additional insight into the feelings of people who did not come to the meetings.  I think the decision is ours and it is a very difficult decision but I think all of the input we can get is helpful, so I make that motion, seconded by Paul Wertz.
            Ayes:  Valentine W1, Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart.

Glen Stewart:  Now we have to work on the mechanics of getting the authorization to move that into getting that mailed by the Water Department and I think that is a decision the Mayor has to make.

Mayor Strine:  I think if Council wants to do that properly, do it by Ordinance. Today this is the first that this has come to my attention and I feel that it is real close to crossing over a line that I feel that I sometimes need to stand up for and that is the difference between administration and legislative branches.  I just feel that if there is something you want to direct us to do, do it by Legislation.  I don’t know Rick if you have any comments on this what the correct way to do it is, short of having a meeting on this and discussing this.

Richard P. Wolfe II, Law Director:  Council has expressed its desire that be done if Chief Executive of the City wishes to implement that based on a motion and then Council’s recourse would be to pass legislation.  

Mayor Strine: At this point, it is kind of vague to direct that a survey go out. I have no idea what the survey looks like.  

Ruth Detrow:  That is my suggestion.  I think I stated by motion incorrectly.  This is a request.  I am aware that you administer the City and that you will be the one who decides how this will be done. I apologize for sounding like that.  

Mayor Strine:  I don’t think that is quite right, I won’t be the one to decide how it is done; you folks will be if we sit down and talk about it.  The issue is a simple vote is the way it should be done if you are going to do it.  If you want to direct us to do this, then it should be by Ordinance.  We don’t have to do it that way.

Glen Stewart:  May I interject and ask a question?  I am unavailable after tonight’s meeting for 1 week.  If a couple of the Council members were to sit down and go through this and work through this with you before our next Council meeting, and we can look at this as a request, would you consider listening to them by request?  May I have 2 volunteers to sit down with the Mayor?  Ruth Detrow will you sit down with the Mayor?

Ruth Detrow:  Yes.

Glen Stewart:  Our Scouts are getting a bad impression of a Legislative body this evening.  And I say it is going to be a good week for me.  I will be gone.

Mayor Strine:  I will send an E-mail to set up a time.

New Business:  
 (a)  Received copies of 6 additional sidewalk letters for input and consideration that we have copies of.  I want to acknowledge that we received 3 additional Armstrong Cable TV letters for input and consideration. I will also share with you that the Minutes of those meetings have been forwarded to the Armstrong Utilities firm with a cover letter from our Law Director Mr. Wolfe and we Thank you for that letter.  

 (b) Halligan and Associates, Attorneys at Law for Aber’s Truck Center, 1729 Claremont Ave., Ashland, Ohio request to construct and 8 foot fence due to abnormally high incidents of theft and vandalism at its lot.   
 
Glen Stewart:  We promised others that we would be at this stage of our meeting at 7:30 but obviously that was a poor promise.

Valerie Lang, Halligan and Associates- I am here on behalf of Aber’s Truck Center on Claremont Ave., also here on behalf of Aber’s Truck Center are Dan and Georgine Aber.  We are here seeking a resolution of Council authorizing us to erect a fence which would be comprised of and 8 foot fence, 1 foot of which would be barbed wire and the fence would partially enclose the property along the back and the side of the property but not run along side Claremont Avenue.  This request was prompted by a rash unlawful entry onto the property which has resulted in break-ins and thefts and other types of vandalism to the tractors and trailers which sit in the yard at Aber’s an believer that the trespassers are entering the property from the back and the side of the lot which is where we want to put the proposed fence.  At this time we don’t see any need to put fence alongside Claremont Avenue.  It would be unsightly and we believe that the flow of traffic and the business of Claremont Avenue act as a natural deterrent so we only want to put the fence along the back and the side of the property and Mr. Aber did bring a map and shows where the fence would go in relation to Claremont Ave. which I can show it to Council.  

Robert Valentine Ward 2-Is there already part of a fence behind there.  This is on the other side of Claremont where they sell the trucks.   

Valerie Lang-  The fence would run between the trailer court and the truck yard.  The proposed fence would be erected approximately 10-20 yards from Aber’s property line as not to cause any determent to adjoining property owners and the edge of the fence would be approximately 25 feet from Claremont Ave.

Robert Valentine W2- Is it chain link.

Valerie Lang- Chain Link, yes.

Glen Stewart- With barbed wire?

Valerie Lang- Yes, outward.

Richard P. Wolfe II, Law Director- First of all you start off with the proposition of barbed wire, this is a request for barbed wire fencing.  They do not need Councils approval to put up a fence.  There are height restrictions, but if they just want to put up a fence, they don’t have to get Councils approval, and they don’t need a resolution.  The reason that they are here tonight is because they are asking for the top 1-foot of it to be 3 strands of barbed wire.  I started to say you start with a proposition that barbed wire fencing is prohibited, absolutely in the City and then 521.07 Codified Ord.- No person shall construct, direct, maintain or use for any purpose any barbed wire fence within the corporate limits and then it goes on to say unless specially authorized by resolution of Council.  If Council chooses to authorize barbed wire fencing, then the Council has the right to establish such conditions and restrictions governing the barbed wire fence such as height, length and any other particulars that the Council would deem reasonable and necessary for the safety of the community.  There is good reason that barbed wire fencing as a general proposition is prohibited and there are not a lot of exceptions throughout the City, there may be some that we don’t know about for the most part there aren’t very many.  The thing I was puzzled by a little bit is that this is not going to an enclosure fence; it is just sort of a line fence or two-sided fence and if somebody wants to get on the other side, all they have to do is walk around the end of it.  So when I spoke with Mr. Halligan this afternoon, I questioned what the real need for the barbed wire topping is if it is not a complete enclosure, because if somebody wants to get from this side to that side, all you have to do is walk around the end of it.  According to Mr. Halligan’s letter that he sent me, one of the things was unlawful entry onto the premises and so I think this is something that Council at least needs to consider to what the real necessity is with the barbed wire, because that is the feature that you are to consider and this is the reason the people are here is the barbed wire.

Robert Valentine W1- Is there such a thing to the precedent of establishing this?  Do we have this other places in the city?

Richard P. Wolfe II, Director of Law- We have it other places but each circumstance is going to be judged on its own merit.

Valerie Lang- The Bendon Publishing facility with the warehouse I believe has barbed wire around there fence also, which is just a hop, skip and a jump down the road from Aber’s Truck Center.

Glen Stewart- The letter indicated, and I was concerned, it said around the 900-foot perimeter.  What I see here is basically a straight line with exception of an offset directly back from Claremont Ave then back to the residential area. Is that accurate?

Valerie Lang- It is actually a partial perimeter, it doesn’t  enclose the area.  

Glen Stewart- Is this red line indicative of where the fence is proposed?

Valerie Lang – Yes, that is correct.

Ruth Detrow-  You think that is going to have the desired effect or you wouldn’t have asked, I assume?

Valerie Lang- That is correct.  The barbed wire would encompass the areas where we believe the entry’s are coming from and we don’t believe that the people are going to enter the property unlawfully from the Claremont Ave. side just because it is too easily to be seen given the high exposure from that side of the property and we also feel that an ordinary fence without barbed wire is not going to add as enough of a deterrent , as  it is easy enough to jump a fence.

Ruth Detrow- Did I hear correctly that there is a residential area along there.

Paul Wertz- There is a trailer park back there and is a residential area.

Glen Stewart- This is the  trailer court over here, this comes in off of Columbus Circle N., Olive Court, these are apartments and individual dwellings, primarily duplexes.  

Ruth Detrow:-This is people walking in and tearing things up?

Valerie Lang- Yes.  There are lots of tractors and trailers in the truck yard there.  They are being prepared to be serviced or Aber’s has several customers that will park there rigs there overnight and it’s those trucks and trailers that are on the lot that are being broken into and I am not sure, have there been incidents Dan on the trailers?  Freight is being tampered with.  Things are being stolen from the Cabs and tractors and other types of random vandalism.

Robert Valentine W1- Is this happening at nighttime?

Valerie Lang- I would assume so.

Robert Valentine W1- Rick makes a very good point.  As I look at the logic of what he says.  If you leave it open, these people aren’t dummies whoever they are.  I would hope this would solve the problem.

Ruth Detrow- I am concerned also about if I were someone who was going to break into a truck and steal some things and I came up against a fence. I would just follow the fence down until I got to the residential area and I would go in anyhow.  

Valerie Lang- We don’t anticipate people entering from Claremont.  

Ruth Detrow- I don’t want to do something terrible to people, I mean these are houses?  If someone is planning to steal or damage, can’t get in this way, it seems logical that they are going to go down and go through someone’s yard.  

Valerie Lang - Well, there is no guarantee that the fence would be 100% guaranteed to prevent break-ins, however it would be a powerful deterrent and would definitely limit, we think, the amount of break-ins that take place.

Chief Bill Miracle - I was just going to say that it appears from our theft reports and the vandalism reports that are taken out there that most of those have been by a small group of neighborhood juveniles that live within several areas up there on both sides of Claremont Ave.  I agree with what you are saying obviously, a fence will deter those people from off of Columbus Circle area and through the trailer park. It is very true that all you have to do is to walk around the edge of the fence.  I am not necessarily sure that some of them will drive in from the front of the street and park back in there due to the fact that it is a secluded are back there.  I think to really get security back there; you have enough property Jerry, that you could probably fully enclose that area back there and leaving enough area out front for your new cars and things like that.  That might be another option you might want to consider.  If you are really concerned about security obviously parking customer vehicles, trucks and trailers in enclosed area, a fully fenced in area is going to be the most deterrent, it is not going to prevent it fully.  We have break ins down in our impound lot even though it is fenced.  It is a start.  Now, how much good it will do, I guess remains to be seen.  The issue with the barbed wire fence is up to the City Council to decide.

Glen Stewart- Mr. Aber, could you place your building on this drawing for me approximately?  I am familiar with your store and your service center; I am having trouble coordinating that with the map.

Mr. Aber- The building is in this area.  This area in the back is the trailer back.  This area is pretty inaccessible.  There is heavy woods and a creek that runs down through here.  That is the reason I stopped it here rather that enclose in all of this.  This part from the trailer park is pretty inaccessible.  

Paul Wertz- Is this a vacant lot?  One of those lots are vacant.  Don’t you think you should put a fence up along there because it is vacant?  Those guys could park down in there.  

Mr. Aber- It probably won’t solve the problem 100%.  Eventually we may enclose the other.

Glen Stewart- Have you guys gotten the lay of the land a little better now?

Mr. Aber- If this didn’t work then we would probably put this fence on up here and enclose part of this back area.  The worse part of that is though is the trucks come in and out all hours of the day and night.  

Glen Stewart- Would there be any value in not putting the barbed wire until you start across there?  Would that be a problem?

Mr. Aber – not at all.

Glen Stewart- It would be the L-shaped but the short leg would be about 50 feet towards Claremont Avenue, it would be a fence but it wouldn’t have the 3 rows of barbed wire. And this would be hid basically, a lot of it behind this building.

Questions or Comments?  None.

Richard P. Wolfe II, Law Director – You need to pass a Resolution and I need to know what restrictions or limitations or conditions you will want placed on it if it is your desire to approve this.

Motion to approve this except for no barbed wire on Claremont Avenue, by Paul Wertz.

Richard P. Wolfe II, Law Director - I am going to need that map or a copy of it. I can have something ready for you at the next Council meeting.  

Valerie Lang –So the fence is going to be all 8 foot with 1 foot of barbed wire along here, but none there.  

Richard P. Wolfe II, Law Director – You can set whatever height limits you want to approve.  The residential area is 6-foot limit and as far as a limit in industrial areas, I don’t know that we have one.  7 foot will be chain link 1 foot of barbed wire.  It will probably not be quite 8 foot high if it is angled. That is another issue, do you want it angled in or do you want it angled outward?
Many times they are angled in.  So those are things you need to decide upon what terms or conditions you want to grant if in fact you do and then I can incorporate that into the Resolution.  

Glen Stewart- All of the fence is set back from the property line, how far?

Valerie Lang – approximately 10-12 feet to property line.

Glen Stewart – the tangent point, is there a set back there also?   But at the paramount corner, the fence angles back away from the property line there.  This point right here, will it be 12 feet away from the property line also/

Valerie Lang- Yes.  The farthest point at the rear of the fence.  It will be 10 feet here and closer to 30 feet by the time it gets to this point.  

Glen Stewart- We will have a Resolution prepared for our next Regular meeting as we have discussed this evening.  Okay Council?

Liquor Permit Request-
(a)    Country Club of Ashland, Ohio, Entire Golf Course, Excluding Pro Shop, 1333 S. Center Street, Ashland, Ohio 44805

Glen Stewart- Is there a Representative from the Country Club this evening?

John C. Hovsepian-   I am representing the Country Club of Ashland.

Glen Stewart – John it is my understanding that this permit is to allow the sale to non-members, is that accurate?

John C. Hovsepian – The Country Club currently has a Liquor Permit in force that permits us to sell to members only.  This is just to facilitate us to expand the offerings of the club to include weddings, banquets and things of that nature to make it more convenient to sell Liquor only on the premises, no carryout or anything of that nature.  

Glen Stewart- Do any of the Council members have any questions for Mr. Hovsepian?

Robert M. Valentine W2 – It says excluding the pro shop, why is that?

John C. Hovsepian- Because the pro shop, there is no facility inside the pro shop to be able to sell or service alcohol in that particular structure.  

Robert M. Valentine W2- What about the Swimming Pool?

John C. Hovsepian – there is an  available area in the pool where we do have those events where they would sell alcohol.

Robert M. Valentine W2 – that is for just special events, not like, say you are down there swimming and there are a bunch of little kids and you have alcohol around the kids.  That is the only thing I would be worried about.  

John C. Hovsepian- they currently do that.  Members, yes the do.  They do have alcoholic beverages down there.

Richard P. Wolfe II, Law Director- this is not a problem permit premises as far as golf facilities are concerned.  This is not an unreasonable request.  

Moved that the request be passed, by Paul Wertz, seconded by Ruth Detrow.
Ayes: Robert Valentine W1, Robert Valentine W2, Ruth Detrow, Paul Wertz, Glen Stewart

Glen Stewart- What we have done is we asked that we not have a hearing and it will go back to the Liquor Commission and I presume that they will act on it.  Their action is up to them.  We are not taking any action to stop it.  

Mayors Comments:  I would just like to ask Council to set up subjects to discuss for our Work Session:

1.    Sanitation Landfill costs-presentation.
2.    Park Operations- Tim Clingan presentation- problems make funding decisions.
3.    Corridor Fund Set up
4.    Transit Update- discuss how it has evolved over the years.

Glen Stewart- Along the lines of a Work Session, depending on the outcome of the meeting that the 2 Council members have with the Mayor and a timing of a survey, I feel that it would be somewhat fruitless to have a Work Session regarding disposition of sidewalk concerns until we get the results of the survey, assuming we go forward with the survey.  That will be determined here very shortly.  

Robert Valentine W1- I think the point that you probably are making intends to have one.  I agree with you.

Glen Stewart- Continuing asking for input and start making decisions, that is wrong.  

Robert Valentine W2-   I don’t think we can drag our feet here.  

Glen Stewart- I don’t think we can short-circuit the survey process if we go forward with it.

Robert Valentine W2- I understand that, but we have had a lot of input.  

Glen Stewart-I would like you all to look at your calendars and I think in my opinion the next opportunity for a Work Session may be a Thursday, May 24, 2007.  Is everyone  in town at that point in time?  We will not plan  sidewalk discussion pending the outcome of the survey but you want to have one or two of your presentations then?  We will have a 7:00 pm meeting and we will notify the media of what it is going to be about and it will be in this room Council Conference Room at 7:00 pm and we will Valarie know.  

Mayor Strine- I would like to put all 4 of those down and that way if we get into them, great.  If we don’t okay.  

Glen Stewart- Then as we move forward, there are some vacations coming up.  The first week of June at our Regular meeting, Bob Valentine W1 will be gone.  The second meeting in June on the 19th, everyone is here.  We can continue a Work Session then if we need to.  I would like to back up one week to the 12th of June and set that aside for a Work Session for Sidewalks unless the survey results are after that.  But lets schedule a Work Session for the 12th of June and sidewalks may be on that Agenda for us.

Robert Valentine W1- Just so you know I will not be here.  While we are discussing that we put that 8 weeks we held off for the sidewalks.  When does that 8 weeks stop? The 8 weeks are about up.  We put everything on hold.  The point is that when did we do that.  Should we extend the 8 weeks?  

Glen Stewart- I think the way I stated it, it was the last regular meeting in April.  The regular meeting was on April 24, 2007.
We are still okay.  
Is there anything else to come before Council this evening?

Scouts, I applaud you for your patience, persistence in watching the process, this evening was a full scope of a Council meeting including an Executive Session including a passage on one reading including a passage on all 3 readings.  It is a full scope of a Council meeting.  Including a process that requires Councilmatic action regarding fences and I applaud you for picking this meeting and bearing with us.  Do you have any comments to share with us this evening?

I am going to share something with you that I have been asked not to do.   We have an Eagle Scout amongst us and anyone who attends the level of being an Eagle Scout, you know how difficult it is to earn your various ranks and go forward.  Our Law Director happens to be an Eagle Scout and as a matter of fact, (it embarrasses him) but it shouldn’t because you carry it with you for the rest of your life.  Are there any other Eagle Scouts in here this evening?  I do not want to miss anyone.  

Jim Cooper-  My son is an Eagle Scout.

Richard P. Wolfe II, Law Director -  And it should be noted that that Mr. Stewart’s son is also an Eagle Scout.

Glen Stewart- Keep going guys, don’t give up, don’t quit, go all the way.  You will carry it with you all of your life.

Robert Valentine W1- Do they get an extra merit badge for this?

ADJOURNMENT

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

Meeting Adjourned at  8:30 p.m.





                                        Submitted by
                                        Valarie Bishoff
                                        Clerk of Council