Ashland City Council


MINUTES FOR THE REGULAR SESSION OF COUNCIL
May 6, 2008



Council President Paul Wertz called the meeting to order at 7:00 p.m.   

ROLL CALL

At-large:      Stephen Stuart        Present
Ward 1:    Robert L. Valentine    Present
Ward 2:    Robert M. Valentine    Present
Ward 3:    Ruth Detrow        Present
Ward 4/President: Paul Wertz        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
   Work Session:  April 8, 2008
   Regular Session:  April 15, 2008
 
No Corrections.

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

PUBLIC HEARING #2 7:01 p.m. – CDBG – To discuss selected projects

Motion to go to Public Hearing by Paul Wertz, moved by Stephen Stuart, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Jim Cooper:  This is our second hearing and we sent proposed projects to Council to look at.  We had one other applicant and that was the Dental Clinic.  And since they got money last year, we put in for the Council On Aging.  The nominated projects to consider are two high service pumps at $69,900.00 dollars for the water treatment plant sorely needed and Mr. Hunter I am sure, thinks it is a good project.  It will service the whole community.  Administration is always $1500.00 at least it has been in the past.  Council on Aging, they need to replace aging lights, lighting inside and outside.  They asked for $9,000.00 plus dollars and we are recommending $6,000.00.  And transit, we are recommending $6600.00 dollars for a total of $84,000.00 dollars.  

Robert M. Valentine W2:  Didn’t we just pass the Council on aging levy? Wasn’t that just in November?  My question is, why are we giving them $6,000.00 when they got half a million?  

Jim Cooper:  I don’t know what their half a mil was for but I would probably guess that this wasn’t included with that.  Part of the CDBG, the purpose of it is to help in the LMI areas.  This is that kind of area just like the Dental Clinic.  

Robert M. Valentine W2:  Yes, I was wondering why we weren’t giving them some more money this year.  

Jim Cooper:  Well in the last year we gave it for landscaping and trees and this doesn’t mean that this cannot be changed.  This is just what we are recommending.  

Robert L. Valentine W1:  What about transit?  What is the $6600.00 dollars for transit?

Jim Cooper:  Well it helps them with the process of continuing to serve the elderly in the community, so we felt that was a very good project.  

Robert L. Valentine W1:  So this is just part of their budget then?

Mayor Stewart:  It helps with their budget.

Comments or questions?

Mayor Stewart:  I would add that I wouldn’t argue with the point that has been made that Council on Aging has a levy passed.  They made a request.  The request was based on their need to replace the fixtures and lights as did the Dental Clinic made a request to buy some file cabinets and other furniture and the discussion we had in my office was we were going to try to spread this out a little bit and this is how they came up.  The high service water pumps obviously serve the entire community and that covers about 2/3 of the actual cost.  So that is how we came up with these.  The transit has historically had money put in and I guess that kind of goes counter to what we are saying about the Dental Clinic had funds last year but this is a recommendation but is strictly a recommendation and Council can certainly provide what they choose.  That is why this is a Hearing.   

Jim Cooper, Engineering:  We are only allowed three projects in addition.  

Anna Tomasek, Finance:  And for clarification, the public transit, it is considered a public service and they can only qualify up to 15% CDBG funds a year and for the city of Ashland, they have been receiving 15% since 2003.  

Comments or questions?  None

Motion to move back into Regular Session meeting by Paul Wertz, moved by Ruth Detrow, seconded by Stephen Stuart.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Reconvened Regular Session at 7:07 p.m.

Jim Cooper:  If it is possible and you would consider approving this list, we would appreciate that.  If you need more time to considerate it, then we will bring it up again on the next Council session.

Moved to approve the recommended list of CDBG items by Stephen Stuart, seconded by Ruth Detrow.
Ayes:  Stephen Stuart, Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Abstain:  Robert L. Valentine W1.

LEGISLATION
    Ordinances

Ord.   16-08
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR DIRECTOR OF PUBLIC
              SERVICE, TO ENTER INTO A CONTRACT FOR CONSULTING ENGINEERING SERVICES FOR
              PROFESSIONAL SERVICES RELATED TO THE DESIGN OF THE U.S. ROUTE 250 SANITARY
              SEWER IMPROVEMENTS PROJECT PHASE 1; AND DECLARING AN EMERGENCY.


Moved for non-reading in full by Ruth Detrow and 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: Stephen Stuart, Robert L. Valentine W 1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Jim Cooper:  This Ordinance requesting your approval to get professional services to do the design work for Phase 1 of our 250 east improvements for Sanitary Sewer.  We are generating $68,000.00 towards this project and we just heard today that we officially received the $272,000.00 dollars; we actually got the paperwork today. So that is a good thing.  This is a Phase 1 from near W.I.L.S. Lab to Jamison Creek’s lift station.  What it does is it adds to the slope and increases the capacity considered by itself.  This needs to be done now or in constant with the whole overall project.  If we get Issue 2 money, it will fit in very nicely.  

Robert L. Valentine W1:  Who is it with?

Jim Cooper:  Arcadis out of Akron, Ohio.  

Stephen Stuart:  How do we determine who does the design or who do we seek for design services?

Jim Cooper:  In this particular case, Arcadis did a study for us and we looked at the whole Eastern Corridor and as part of that process, they determine what would be anticipated for growth in the next 20 years plus and including it would cross 71 on the other side in case that would ever come in.  And based on that, they did the study for us.  From that study then, we determine that the cost related to improving on the infrastructure out there because it is undersized and since they did that study, we felt it was important to keep them involved in it.   

Ruth Detrow:  Okay.  I would like a little more explanation.  All of this money, these two amounts are just for the consulting?

Jim Cooper:  No.  Only the $33,500.00 dollars.  

Mayor Stewart:  I would like to add that I had some discussion with Mr. Cooper and he laid out the proposals that Arcadis had put together and there are more than one proposal to serve the entire area out there.  Just this particular upgrade fits both proposals, is that correct Jim?

Jim Cooper:  Yes Sir.  

Mayor Stewart:  Proposal 1 and Proposal 2.  This particular upgrade fits both proposals, so when we go forward we are not throwing something away.    It does not eliminate the lift stations, but it does increase the capacity for their documents by making it steeper and a larger pipe.

Jim Cooper:  15 inch.

Mayor Stewart:  I asked the same question you did Steve.  What if we go beyond SR 250?  Of course you can say well we can go clear to wherever.  But there has been consideration given for projected growth beyond SR 250, not way beyond but beyond SR 250.  That is not to assume that we are going to go beyond there.  

Ruth Detrow:  And this would allow for the projected growth without having to redo it?

Mayor Stewart:  This would handle the projected growth when we go further east on this same, main, line all the way out to 71 and it will alleviate some of the problems that we foresee but there will still be lift stations; is that true Jim?

Ruth Detrow:  But we won’t have to tear stuff out and do it over?

Mayor Stewart:  This section becomes a part of whatever we upgrade as the study shows today.

Comments or questions
 
Moved by Ruth Detrow and seconded by Robert L. Valentine W1 that the Ordinance be passed on the fist reading 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: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Move to suspend the rules, 3 separate meetings, 3 separate nights, by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
    
Move the Ordinance be passed by Robert L. Valentine W1, seconded by Stephen Stuart.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Ord. 17-08
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO A CON-
              TRACT FOR THE PURCHASE OF EQUIPMENT FOR THE STREET DIVISION OF THE CITY
              OF ASHLAND, OHIO, OBVIATING FORMAL ADVERTISING AND BIDDING AND DECLARING
              AN EMERGENCY.

Moved for non-reading in full by Stephen Stuart, 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: Stephen Stuart, Robert L. Valentine W 1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Jerry Mack:  This legislation, if passed, would allow the Street Department to purchase a new Cat Loader for a new loader which would replace our 1974 Loader that we have now.  We have had 34 years of good service and it is time to retire it.  But, I gave you a couple of small handouts and I did check some pricing on other loaders and the Caterpillar right now is the cheapest on the State Contract bid.  And they have a pretty good product.  We have already had good luck with them.  The first sheet shows a little picture of what it looks like.  The last sheet shows part of the equipment.  These loaders, they are not only used for loading, moving dirt, things like that.  Unless we use forks on it, which all over the city sometimes we get palletized material or large material that we go around and move with forks.  Also we equip it with a snow blade and it gets a lot of snow service in the winter.  Questions or Comments?  

Robert L. Valentine W1:  I don’t understand machinery as well as probably I should.  But that is 33 or 34 years old.  I can’t believe they would even give you a trade in.

Jerry Mack:  I am very happy with what they have offered me.

Robert M. Valentine W2:  But if you keep them serviced.  

Jerry Mack:  Our service program is probably as good as there is and we have to keep them that way or we wouldn’t have them for 34 years.  Our next oldest one is 24 years old.

Robert M. Valentine W2:  So you won’t be coming back for another 10 years.  

Stephen Stuart:  This is really great.  They advertise it for used equipment in this field and what used equipment brings and what we are able through the State Contract to purchase a new one for is a real value.

Comments or questions?  None.

Moved to pass the Ordinance on the first reading by Robert M. Valentine W2, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Move to suspend the rules, 3 separate meetings, 3 separate nights, by Paul Wertz, seconded by Ruth Detrow.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
    
Move the Ordinance be passed by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Ord. 18-08
Item (c) AN ORDINANCE AUTHORIZING ALLOWANCE FOR CELL PHONE USAGE FOR CERTAIN
              EMPLOYEES OF THE CITY OF ASHLND, OHIO; AND DECLARING AN EMERGENCY.

Move for non-reading in full by Ruth Detrow, 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Mayor Stewart:  I want to share with you the reason for this.  The city has had cell phones in use for several years.  Those employees that have had cell phones and if they made a single call and could be construed a personal call; the current Federal Tax Law would require that they report that and make a subsequent payment to the city for that call.  It is a real hassle and also as I read it and I am not a tax expert but as I read the law, it requires that an audit of some of those bills on a regular basis to confirm that everyone is reporting any such type of call.  Made the decision that the best thing to do to get away from burdening the Finance Department with having to audit a bunch of telephone bills and with the Department Heads going to have to audit their bills is that we give the individuals that are authorized a phone a certain allowance; not reimbursement, but an allowance and they own their own cell phone.  And to qualify for this allowance, they have to have their cell phones available where they can be reached by a call from the city.  We have discussed this to a considerable length in several leadership meetings and Rick has drafted the Ordinance for us and I am of the opinion it is the right way to go.  We are allowing a base rate of $40.00 dollars a month to each, regardless of how much you choose.  Now, I want to say if under some unusual circumstance an employee takes his own phone and it is an unusual circumstance, it exceeds the baseline minutes that they get, I would feel right to look at that and possibly allow something extra if they were absurdly overcharged because of city use.  I don’t expect that to happen, but it could.  The other exception to this is that there are a few phones that the case was made that they need to have text messaging.  And that is a $5:00 dollar a month charge and I have authorized that for I think for three or four phones.  But that is what this is all about.  We have been paying these right along as a phone bill but what we have done is we have taken them and put them into a personal phone and I think if you ask any of these people setting over here to my right; I trust all of their phones are now personal phones and they will qualify for this.  This does not apply to an elected position because our compensation is set by Ordinance and it does not include a cell phone.  

Robert L. Valentine W1:  What is the criteria, otherwise only the Department Heads have them?

Mayor Stewart:  Basically those who have had them, yes, all the Department Heads have them, Assistant Chiefs, Assistant Fire Chiefs.  Several of the Park employees.  Several in the Street Division.  Several of the Supervisors within the various Divisions, Parks people have them; some of Mike Hunter’s people have them.  There are a lot of phones out here.

Stephen Stuart:  Roughly how many total?  What we are having allowance for?

There are 18

Stephen Stuart:  I understand now, we are paying; they are the city’s phones?  How much was that costing us at one time?

Mayor Stewart:  That is a good question Stephen.  Some of them were pooled and some of them for instance.  I will answer your question but let me qualify something.  In the Fire Division for example, there are phones in the Emergency Units that are used on all three shifts.  Those are still city phones.  There are phones in police cars that are used on all three shifts and those are still the city phones.  In those cases, those have a pool number just like what you have a cell phone at home; you put your kids or whomever you want on it.  So we have some that are pooled.

Stephen Stuart:  What is going to be the cost if we do it?

Mayor Stewart:  The Government rate is $35.00 per phone plus $9.00 dollars per additional line.  I think 4 or 5 additional lines.  So the cost difference does go up when you go this way with individual phones in the case of phones that were originally pooled.  The disadvantage is you got Big Brother looking over your shoulder potentially by law that if you violate it you are in for, in my perception, digging through a lot of files to prove your case.  And it is very explicit.  If you have a company-provided phone and you make a personal call on it, you have got to come up with a way to reimburse for that call.

Robert M. Valentine W2:  It is kind of off the wall a little bit, but if they all had Verizon, isn’t Verizon to Verizon free?  I mean don’t they call each other?

Mayor Stewart:  Yes.  And Verizon to Verizon, yes, it would not accumulate minutes, that is correct.  

Ruth Detrow:  It is the opinion of the Leadership group and of you that this is a more efficient way to operate?

Mayor Stewart:  Ruth, I think using the term, more efficient; it is the right way to go based on the tax laws.  

Robert M. Valentine W2:  Less intrusive.  

Mayor Stewart:  I can’t tell you that it is more efficient, but I can tell you this; based on my interpretation and I think Anna would concur and we explained it.  I tried to explain it in our Senior Leadership meeting what we were up against.  This isn’t new.  This has been on the books for a period of time.  I thought it was appropriate to address it.  Did I answer your questions?

Comments or questions.

Motion to pass the Ordinance on the first reading by Paul Wertz, Moved by Robert L.  Valentine W1, seconded by Ruth Detrow.
    Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Move to suspend the rules, 3 separate meetings, 3 separate nights, by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
    
Move the Ordinance be passed by Paul Wertz, seconded by Robert L. Valentine W1.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Ord. 19-08
Item (d) AN ORDINANCE ESTABLISHING NEW RATES FOR THE TENNIS PROGRAM FOR THE
               PARKS AND RECREATION DIVISION FOR THE CITY OF ASHLAND AND DECLARING AN
               EMERGENCY.

Moved for non-reading in full by Robert M. Valentine W2, 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: Stephen Stuart, Robert L.  Valentine W 1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Tim Clingan:  I have a handout here that explains all of the various programs for kids that are in our Tennis Program.  This particular Ordinance would allow us to increase the fees on three of those programs and start a new program called the Stroke of the Day.  It puts more line on the time involved and none of these are huge increases and it is not going to amount to a whole lot of additional revenue for the Park & Recreation Department but it does put the fees in line with the other particular programs that are offered.

Robert L. Valentine W1:  Tim, what has the turn out been on the Summer Program of Tennis? Has it been increasing?

Tim Clingan:  Yes.  We have been increasing so much.  We have approximately 300-350 people that are involved with that.  That includes our opening tournaments also that we have.   As you see we start out with the Tennis Tots- Kindergarten and first grade clear on up to the Adults.

Robert M. Valentine W2:  How long have these rates been in affect?

Tim Clingan:  The ones prior to that was since 2005.

Ruth Detrow:  I have to ask Tim, what is Stroke of the Day?

Tim Clingan:  Stroke of the Day is from grades 6-11.  Younger players need prior approval for this.  It is a complete instruction.  

Questions or Comments?

Stephen Stuart:  When you look at the increases, the biggest increase percentage wise as well as dollar amount is the Tennis Tots program.  Does that make sense to step it up that much?

Tim Clingan:  Well, in talking with Carl Leedy, he is the Director and has been for 20 some years, we had been a little bit low on that just because of the additional attention that is needed for that age group.  Then you look at some of the rates of other programs in the area and we are still well below any others that offer these types of programs.  It does not cover our expenses either as all of our recreation programs.  They are all subsidized by our tax dollars.  We try to just make it as feasible as possible so people can have their recreation.  

Ruth Detrow:  These prizes are for through the  summer?

Tim Clingan:  No, they are actually for 8 sessions.  If you look on this sheet that I handed out; it explains each one.  Each session goes for two weeks.  It is pretty cheap baby-sitting when you get right down to it.

Robert M. Valentine W2:  I used to coach traveling Soccer and I know what you are talking about.

Comments or questions?

Move the Ordinance be passed on the 1st reading by Robert L. Valentine W1, seconded by Robert
M. Valentine W21 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
            
Move to suspend the rules, 3 separate meetings, 3 separate days by Ruth Detrow, seconded by
Robert L.  Valentine W1.
   Ayes: Stephen Stuart, Robert L.  Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
            
Move the Ordinance be passed by Paul Wertz, Seconded by Robert L. Valentine W1
    Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine 2, Ruth Detrow, Paul Wertz.

Ord. 20-08
Item (e) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
              SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO CONTRACTS FOR THE 2008 RE-
              PAIR AND RESURFACING OF VARIOUS STREETS IN THE CITY OF ASHLAND, OHIO, TO-
              GETHER WITH ALL INCIDENTALS AND APPURTENANCES NECESSARY THERETO; AND
              DECLARING  AN EMERGENCY.

Move for non-reading in full by Robert M. Valentine W2, 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: Stephen Stuart, Robert L. Valentine W1, Robert M.  Valentine W2, Ruth Detrow, Paul Wertz

Jim Cooper:  This is our annual resurfacing program.  There is a list of the streets that we are recommending.  These were scored by Jerry Mack and myself and two other people in Engineering.  It is based on a scale from 1-9, 9 being in the worst condition and with 1 being perfect.  Based on usage, conditions as far as drivability, safety and age.  There may be some streets that people think should be on the list and perhaps they should but they may only have 1/10 of the traffic that another street that is on there has and they are both the same age.  We do encourage that if anybody has streets, that they would let Engineering know or Jerry, then we will put them on the list and look at them very closely and consider them for next year. Any citizen and particularly Council, you are invited to do that. But this is a recommendation this year to Council if you see fit to approve.  The full amount of money is $470,000.00 dollars that has been appropriated.

Mayor Stewart:  I would like to add to what Mr. Cooper has said.  It is my intention to ask those Division Heads that have personnel in the street continuously and I suspect they already do to some degree, particularly a chuckhole or manhole that needed attention. I am giving consideration to letting some of the departments as I said are on the streets all the time to look to do some grading for us.  I would also encourage these five Council people to do some grading and evaluation also.  The input, I am sure is going to be rather common that it will be wider spread and should take some of the, actually it puts some of the ownership on you as Councilman of having to participate in the grading process unless you choose not to.  

Robert M. Valentine W2:  How about Sandusky Street?  

Paul Wertz:  That is State.

Robert M. Valentine W2:   I am talking about the end where I had to call Jerry this winter to have them fill all of those big chuck holes.  

Jerry Mack:  Of course that street is a State Route so they partner in.  This year is 10 years for that street.

Robert M. Valentine W2:  What I am saying, are we going to hot mix patch those?

Jerry Mack:  Yes.  My first priority is Claremont; Sandusky Street is pretty close to second.

Paul Wertz:  Jerry, I have seen some guys out patching and they don’t clean the holes out.  You have to clean those holes out before you patch.   I am talking about cold patching those.  You need to clean those holes out; you have got to do it or that cold patch won’t stay.

Robert M. Valentine W2:  The trouble with cold patch Paul is that every time it snows and freezes and thaws, it blows it right out.   

Robert L. Valentine W1:  How long ago was that put it, I am just curious.  You are talking from SR 250 to Home Depot?  

Jim Cooper:  Six years ago.  

Robert L. Valentine W1:  I know how busy that is, but I never notice any problems there.

Jim Cooper:  Well the interstate part of that street is;  we pay special attention to that; we put in two, four-inch layers of ones and twos fire drop, we choked them.  It is the same that was done 30 some years ago at Hillcrest and then paved over.  To me it is a great way to build a road.  And we did that because the soils were so bad.  We are still having some failures there going in as you are going east and turning to the right.  Even with doing that that is how poor that soil is out there.  

Stephen Stuart: Do you have any timetable on this when we accept the bids, is it 30 days bid notice or what?

Jim Cooper:  Once we advertise, it should be late May, early June to be honest with you.  We bid it out and we do it a second week and the third week we open the bids and then we award it about 10 days after that and then we will put a completion date on it.

Stephen Stuart:  I guess what I am getting to in terms of when the expectation will be, most of the work being performed.

Jim Cooper:  I would say July or August to be honest with you.  And that is not really that bad, nice hot weather is a good time to do that.

Comments or questions?

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

Move to suspend the rules 3 separate meetings, 3 separate nights 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

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

Ord. # 21-08
Item  (f)  AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
               SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO CONTRACTS FOR THE 2008
               CRACK SEALING OF VARIOUS STREETS IN THE CITY OF ASHLAND, OHIO, TOGETHER
               WITH ALL INCIDENTALS AND APURTENANCES NECESSARY THERETO; AND DECLARING
                AN EMERGENCY.

Move for non-reading in full 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Jerry Mack:  Our Crack Sealing program this year; to say how many streets we are going to do is kind of hard to do that; with this bid, then we know how much we can get for a certain amount.  Then depending on how many cracks are in the street is how far the crack-sealing program will go.  It is really not easy to do crack sealing and say we are going to do 10 streets or something like that.  We have several streets we have looked at and the crack sealing program will buy you some time especially on a street that is not used quite as much.  When the street is falling apart, you definitely cannot crack seal; but when you have started, say five years into the life of the street, 5-7, that is when you want to look at crack sealing on the street.  If it is totally fractured, no you cannot crack seal it.  But this will seal the street up and keep water from permeating down into it in the winter stressing it more and pushing it apart.  But we want to go out for bids for crack sealing this year and get a price per pound or however we are going to do it the best way and try and get some of these streets sealed out.  And hopefully it will buy us some time on these streets so we don’t have to pave quite as often.  And it does.  It has proven that it does work.  One in particular is Union Street.  Union Street has a lot of years on it.  And there was a time when we did our own crack sealing but we do not have the equipment or the manpower now.  But Union Street has held up fairly well for a long while.  It is getting to a point now where it is just super stressed but crack sealing kept that street up for several years.  And we really haven’t done a lot of maintenance to it.  It does work and hopefully we can get some streets done.

Robert M. Valentine W2:  Do you guys use the stuff with the fibers in it now?

Jerry Mack:  We have tried both.  

Robert M. Valentine W2:  That doesn’t track as bad as the other.  

Jerry Mack:  No the fibers do make it not track, of course when we were doing it, we always put what you call black beauty on top of it and it would give it a little bit of a dust and it gets traffic back on it quicker.  You know what the ODOT has spent for this.  They don’t really use the rubber material.  I like rubber, but some of the ODOT spect stuff I have been kind of watching and seeing what they are doing.  It works out pretty well.  As long as you get something that will seal that road out.  That is the basic thing, to keep it from going from the top down.  You can’t do too much about from the bottom up, but the top down if you can keep it out of it; it is not going to blow the pavement up.  And that is what we need to do on several of our streets.  

Robert L. Valentine W1:  I think that is a great program.  I am glad it is brought back here.  

Comments or questions?

Move the Ordinance be passed on the 1st reading by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Move to suspend the rules, 3 separate meetings, 3 separate nights 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

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

               
Item  (g)  FISCAL OFFICER’S CERTIFICATE

Anna Tomasek:  The citizens and City Council of the City of Ashland, Ohio, as Fiscal Officer of the City of Ashland, I certify connection with the proposed issue of $6,063,000.00 in NOTES to be issued in anticipation of issuance of bonds for the purpose of paying the costs of improving the Municipal Park and Recreation system by constructing and equipping soccer fields for $88,000.00.  Acquiring and equipping two Fire Engines and a Rescue Truck together with all necessary equipment for $475,000.00 and improving the Sanitary Sewer system by constructing an equalization basin at the Wastewater Treatment Plant together with all necessary equipment for $5,500,000.00.  That the estimated life or period of usefulness for these improvements are at least five years and the estimated maturity of bonds calculated in accordance to section 133.20 Ohio Revised Code is at least twenty years.  That the maximum of maturity of the Notes is March 19, 2012 which is fifteen years from the day of the original issuance of the Notes prepared for these purposes.

Moved to accept the Fiscal Officer’s Certificate by Robert L. Valentine W1, seconded by Paul Wertz
      Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Ord. No.   22-08
Item   (h)   AN ORDINANCE FOR THE ISSUANCE AND SALE OF $6,063,000 NOTES, IN ANTICIPATION
                 OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF
                 (1) IMPROVING THE MUNICIPAL PARK AND RECREATION SYSTEM BY CONSTRUCTING
                 AND EQUIPPING SOCCER FIELDS, (II) ACQUIRING AND EQUIPPING TWO FIRE ENGINES
                 AND A RESCUE TRUCK, EACH TOGETHER WITH ALL NECESSARY EQUIPMENT AND
                 APPURTENANCES THERETO, AND (III) IMPROVING THE SANITARY SEWER SYSTEM BY
                 CONSTRUCTING AN EQUALIZATION BASIN AT THE WASTEWATER TREATMENT PLANT
                 TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTENANCES THERETO, AND
                 DECLARING AN EMERGENCY.

Move for non-reading in full by Robert M. Valentine W21, 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: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Anna Tomasek:  This Ordinance allows the city of Ashland to re-issue $6,063,000.00 in Bonds in Notes for the Soccer equipment, Fire equipment and for equalization Basin.  This Note will actually be re-issued by May 22, 2008.  We are actually going to go out on the Market Thursday and look at interest rates.  We will most likely have an interest rate lower than last year.  The interest rate we are projecting is probably going to be lower than 4%.

Robert L. Valentine W1:  Just one question.  When you say constructing, are we constructing new Soccer fields?

Anna Tomasek:  These are for the Soccer Fields that were constructed in 2004.  

Paul Wertz:  Just re-financing.

Anna Tomasek:  We are paying down $184,000.00 dollars in principle and it will leave us with a balance of $6,063,000.00 which we are going to re-issue on the Market.

Stephen Stuart:  Can you then move to the Bond phase?  Who do you work with as far as Bond Counsel?

Anna Tomasek:  Squires, Sanders and Dempsey, Barry Keefe who has been our Bond Counsel for several years for the city of Ashland.  

Stephen Stuart:  And their estimated rate now is 5.25?

Anna Tomasek:  That is what they estimate.  But we won’t know until we go to the Market on Thursday.  It is going to be lower than 5%.

Questions or Comments?  None.

Move the Ordinance be passed on the 1st reading by Robert L. Valentine W1, seconded by Robert M. Valentine W21.
     Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Move to suspend the rules, 3 separate meetings, 3 separate days by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

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

   Resolutions:  None


WARD REPORTS

At- Large:      Stephen Stuart
No Report.  What I had, was handled through the Mayor

Ward 1:      Robert L. Valentine
No Report.

Ward 2:     Robert M. Valentine  
I had a little bit of a leak, you weren’t home and I called the water department and I cannot remember the guys name down at the plant, Curt but he got a hold of a guy and he came out and fixed it.   I had a guy up there sweeping the road and he said there is water bubbling up through the pavement.  It all got taken care of and he was happy.  So I appreciate that.

Ward 3:      Ruth Detrow
The only thing I have to report is 1 or 2 people have been using e-gov. and it has been working.  It is something that I am going to keep trying to encourage people to use.

Ward 4/ President:       Paul Wertz
     (a)  No Report.


Old Business: None

New Business:
LIQUOR PERMIT REQUEST:  Transfer – FROM Shafer Kearn, Inc. DBA Players Lounge TO: Monte B’s LLC, 155 W. Main Street 1st floor.  D5 Permit class.

Move that we do not request a hearing by Robert M. Valentine W2, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert L. Valentine W2, Ruth Detrow, Paul Wertz.

BUILDING PERMIT: House No# 257, Lot No# 1078, Est. cost $10,000.00, located at the south side
      of E. 8th Street between Union Street and Birch Street.  Owner Marilyn & Gerald Kieft.  (an addition to
      Residence)

Paul Wertz:  Any problems with this?

Jim Cooper:  I have no problems with it at all.  I talked to Roger and we do not see any problems at all. I believe it had to come before Council because of where they are building.

Paul Wertz:  I know in the past, when garages were put in;  but this might be the first time for an addition to the house.  

Ruth Detrow:  I have no objection, but do we need a motion to not object.

Move to approve this Building Permit by Ruth Detrow, seconded by Robert L. Valentine W1.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Mayors Comments:

No comments to report.  I know I can communicate to Council individually if I need to.  I have nothing of significance at this time to report.

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

None.

Motion to move to Executive Session by Paul Wertz to discuss possible imminent litigation and no action will be taken when we come back in., seconded by Ruth Detrow.
   Ayes: Stephen Stuart, Robert L. Valentine W1, Robert L. Valentine W2, Ruth Detrow, Paul Wertz.


Paul Wertz:  I would like to have Council, the Mayor and the Law Director into Executive Session.

Executive Session at 7:52 p.m.

Move to reconvene back to Regular Session by Robert M. Valentine W2, seconded by Robert L. Valentine W1
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Move to adjourn Regular Session by Robert M. Valentine W2, seconded by Ruth Detrow.
   Ayes:  Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz



ADJOURNMENT AT 8:21 p.m.





                                        Submitted by
                                        Valarie Bishoff
                                        Clerk of Council