Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, February 5, 2008
Council President Paul Wertz 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/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
Regular Session 1/15/08
Special Session/Executive Session 1/22/08
Special Session/Executive Session 1/24/08
No Corrections or Comments;
Move to accept the Minutes by Ruth Detrow, seconded by Robert L.
Valentine W1.
Ayes: Robert L Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz.
Comments of questions from the Audience: Items that are not included on
the Agenda.
Fred Pryor: One thing I wanted to know is about the Letter that
was sent to the Companies that have been annexed into the City lately,
and am wondering why they haven’t been notified to pay city
taxes.
Mayor Stewart: The letter that may be sent is at the option of
the city administration of when we send them. What you are not
aware of and I am not going to go into any detail as there are
significant negotiations and discussions have been going on and are
going to continue. We are taking the high road and not the low
road on this.
Fred Pryor: Everybody where I work at wants to know why they are
not taking city income taxes out yet.
Richard P. Wolfe II: Because they are not annexed yet.
Mayor Stewart: Until they are annexed, they cannot take it out.
Fred Pryor: Well, everybody was to understand that they already
were.
Ruth Detrow: Where do you work?
Fred Pryor: Ashland Conveyor.
Mayor Stewart: I received either a phone call or an e-mail, I
received a request or an inquiry from them when they were going to be
annexed and I cannot tell you when they are going to be annexed.
We will prefer that the company come forward and initiate the
annexation process on themselves. As we move geographically, to
the East in the case of 250, those various companies will be
approached.
Richard P. Wolfe II, Director of Law: I am not sure if they are
contiguous yet, are they?
Mayor Stewart: And that is another thing, I don’t know that
they are contiguous with other property that is annexed and they may
not be until we get some additional ground annexed.
Fred Pryor: Where I work, they do not own the property or the
building.
Mayor Stewart: That makes no difference. If we annex the
area, obviously the owner will be notified.
Fred Pryor: One other thing, on top of Ninth Street and Union, there is
a lot of semi traffic through there. The problem is Ninth Street
isn’t designed to have semis swinging onto Union or visa
versa. They are going out taking up both lanes to take two lanes
to go over sidewalks to make the turn. But the semis are coming
through there all the time. A lot of semi truck traffic through
there. But it is not set up for semis to actually go through
there. Ninth and Orange.
Ruth Detrow: That isn’t a truck route is it?
Richard P. Wolfe II: There is a lot of industry there.
Ruth Detrow: We haven’t been negligent in marking as
a way for trucks to go, it is just that it is the most logical for
them.
Mayor Stewart: We will take a look at it. There will go to
the traffic committee.
Fred Pryor: Even today, people were backing up and getting out of
the way for that semi to turn, he comes way over, to swing way in and
goes over the sidewalk to do it, just to get onto Ninth Street.
There are semis going through there everyday.
Paul Wertz: We will check it out.
Questions or comments?
LEGISLATION
Ordinances
Ord. 1-08
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO
A LEASE
AGREEMENT WITH THE BOARD OF ASHLAND COUNTY COMMISSIONERS FOR SPACE
FOR THE OPERATION OF THE ASHLAND COUNTY-CITY HEALTH DEPARTMENT; AND DE-
CLARING 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: Valentine W 1,
Valentine W2, Detrow, Wertz.
Robert L. Valentine W1: This is just a contract of this year with
the County Commissioners. This is part of our responsibility
correct?
Mayor Stewart: It is a renewal, although, it is just like the one
that expired the end of December. Yes it is in conjunction with
the City/County Health Board and we for part of the cost of the space.
Robert L. Valentine W1: Do we need to do that every year?
Mayor Stewart: Every 3 years.
Richard P. Wolfe II: This is a two-year agreement.
Robert L. Valentine W1: Thank you.
Move that the Ordinance be passed by Ruth Detrow, 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: Valentine W1, Valentine W2,
Detrow, Wertz.
Move to suspend the rules, 3 separate meetings, and 3 separate nights
by Paul Wertz, seconded by
Robert L. Valentine W1.
Ayes: Valentine W1, Valentine W2, Ruth Detrow,
Paul Wertz.
Move the Ordinance be passed by Robert M. Valentine W2, seconded by
Robert L. Valentine W1
Ayes: Valentine W1, Valentine 2, Ruth Detrow, Paul
Wertz.
Item (b) FISCAL OFFICER’S CERTIFICATE
Anna Tomasek: City Council, City of Ashland, Ohio as Fiscal
Officer of the City Ashland, I certify with the proposed issue of
$250,000 Notes to be issued in anticipation of issuance of Bonds for
the purpose of paying the cost of inquiring a pumper-tanker truck with
the estimated initial improvement for at least five years an estimated
for maximum maturity of bonds a calculated according to Ohio Revised
Codes ten years. The maximum maturity of the portion of these Notes is
March 1 2022.
Move to accept the Fiscal Officer’s Certificate by Ruth Detrow,
seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz.
Ord. 2-08
Item (b) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE
OF $250,000 NOTES, IN AN-
TICIPATION OF THE ISSUANCE OF BONDS, FOR THE PURPOSE OF PAYING COSTS OF
ACQUIRING A PUMPER-TANKER TRUCK, TOGETHER WITH ALL NECESSARY EQUIP-
MENT AND APPURTENANCES THERETO, AND DECLARING AN EMERGENCY.
Moved 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: Valentine W 1, Valentine W2,
Detrow, Wertz.
Anna Tomasek: This legislation is to pay off debt of $300,000
dollar Notes was the original issuance. This is to pay down
$50,000 dollars in principal, leaving the amount of sale $250,000
dollars in Notes for an estimated approximate interest rate on the
market 4.2%
Robert L. Valentine W1: Anna could you give me the figures again
please?
Anna Tomasek: The original issue of this note was $300,000
dollars, we are paying down $50,000 dollars; that makes this note issue
$250,000. Paying down principal amount of $50,000 dollars.
Move the Ordinance be passed by Ruth Detrow, seconded by Robert M.
Valentine W2.
Ayes: 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, sec-
onded by Robert L. Valentine W1.
Ayes: Valentine W1,
Valentine W2, Ruth Detrow, Paul Wertz.
Move the Ordinance be passed by Robert Valentine W1, seconded by Robert
M.
Valentine W2.
Ayes: Valentine W1, Valentine W2,
Ruth Detrow, Paul Wertz.
Ord. 3-08
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ADVERTISE
FOR BIDS
AND TO ENTER INTO CONTRACTS FOR THE PURCHASE OF SUPPLIES AND MATERIAL
FOR THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.
Move for non-reading in full by Robert M. Valentine W2, seconded by
Robert L. Valentine W1
Ayes: Valentine W1,
Valentine W2, Ruth Detrow, Paul Wertz.
Mayor Stewart: It is normal supplies that are used primarily in
the Water Treatment plant. It is a broad spectrum of materials
that we get a quote on prior to purchase.
Move to pass the Ordinance on the first reading by Robert L. Valentine
W1, seconded by Ruth Detrow to invoke Section 113.01 of the Codified
Ordinances as the distribution of this Ordinance has satisfied the
requirements of said Section and that a further reading be dispensed
with at this time.
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz
Move to suspend the rules, 3 separate meetings, 3 separate nights, by
Paul Wertz, sec-
onded by Robert L. Valentine W1.
Ayes: Valentine W1,
Valentine W2, Ruth Detrow, Paul Wertz.
Move the Ordinance be passed by Robert Valentine W1, seconded by Robert
M.
Valentine W2.
Ayes: Valentine W1, Valentine W2,
Ruth Detrow, Paul Wertz.
Resolutions
Res. 1-08
Item (a) A RESOLUTION INDICATING SERVICES TO BE PROVIDED UPON
ANNEXATION OF A TER-
RITORY. (Township of Montgomery, 15.173 acres to Gary R.
Fossaceca and Rebecca J.
Sturgill).
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: Valentine W1, Valentine W2, Ruth Detrow, Paul Wertz.
Comments:
Richard P. Wolfe II: This is a procedural matter and this is one
that we had already done once before but the petition was withdrawn
because we had to revise the description so we are doing it over
again. You can look back to the Resolution in October and this is
identical to it. It already passed.
Johann Thompson: May I ask a question about
that? Can you tell me where that is located?
Richard P. Wolfe II: On the 42 bypass between the new apartments
out there behind The Home Depot and the North edge of Cabot Cove.
Mayor Stewart: We have one entry off of route 42 as a driveway
today.
Move the Resolution be passed on the first reading by Ruth Detrow,
seconded by Robert L. Valentine W1.
Ayes: 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, sec-
onded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
Move the Resolution be passed by Ruth Detrow, seconded by Robert M.
Valentine W2.
Ayes: Robert L Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
Res. 2-08
Item (b) A RESOLUTION AUTHORIZING AND RATIFYING THAT
THE CITY OF ASHLAND MAKE AP-
PLICATION FOR A GRANT FROM THE OHIO BUREAU OF WORKERS’
COMPENSATION
SAFETY GRANT PROGRAM; 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: Robert L Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz.
Comments:
Mark Burgess: This is a Grant that we found from the Bureau of
Worker’s Compensation late last year. We applied for it; we
were rejected and didn’t think we would have another shot at
it. We worked with the Bureau and they gave us another shot and
we have the money in the 220 account to match it but it gives us four
new cots and a stair chair. It is part of their safety program to
help reduce back injuries.
Robert L. Valentine W1: What is the match?
Mark Burgess: The match will end up being $9,035. 28
dollars.
Mayor Stewart: Chief Burgess there is something you need to
know. The 220 budget items as they were before this came about
with the proposed donations out and in this Grant out took the entire
budget. So there will be a reduction in the donations out in the
EMS Grant out to accommodate the matching Grant. So you are aware of
it. That is the way it is going to have to be to keep that fund
in balance. I don’t like to blind-side you but I
wasn’t up to speed on this until late this afternoon.
Move to pass the Ordinance on the first reading by Robert L. Valentine
W1, seconded by Ruth Detrow.
Ayes: 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, sec-
onded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
Move the Resolution be passed by Ruth Detrow, seconded by Robert M.
Valentine W2.
Ayes: Robert L Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
WARD REPORTS:
WARD 1: Robert L. Valentine
W1
(none)
WARD
2:
Robert M. Valentine W2
(none)
WARD 3: Ruth Detrow
(none)
Ward 4/President Paul Wertz
(none)
Mayor Stewart: May I comment on: This is kind
of a Ward report from the Mayor. Mr. Cooper, I am going to put
you on the spot. We received a call this morning about a
problem. (rest of conversation not audible).
Ruth Detrow: I got a call, although the person did not identify
himself or herself. He refused to. I don’t know for
sure.
Mayor Stewart: I have a note on my desk that they did not
identify themselves. I have not returned the call but I asked Mr.
Cooper to go out and look at it and they went out this morning.
Do you have any particular findings?
Jim Cooper: I talked to both of the
individuals. They live right on the edge. We talked there
and they have a Contractor that they are talking about trying to get
some prices to fix the problem. He came out the same time we were
there. Again they wondered about the city trying to help.
It is a private property issue at this time and I indicated so.
Right now they are trying to work something out that could help that
problem.
Mayor Stewart: What is that property?
Jim Cooper: That is Jamison.
Mayor Stewart: I have been out there; maybe some of you have been
out there a couple of years ago. It is in a very sharp bend of
the creek and water comes down there, it is eating away at the bank and
has been for several years and it is not getting any better.
Robert M. Valentine W2: Has the contractor ever heard of Gabion
baskets?
Jim Cooper: They did get prices on that and also on sheet piling
and they are getting another price. They are looking at their
options.
Old Business:
Ruth Detrow: Council has been interviewing and talking with
people who were interested in the position of At-Large
Councilman. We had four delightful people for our actual
interviews. Anyone of them would have brought a great benefit to
our Council. There was a great variety of abilities and attitudes
and anyone of them would have been most excellent. I am going to
make a motion on one of those candidates and then we will have
discussion.
Move to appoint Stephen L. Stewart to fill the term of Councilman at
Large by Ruth Detrow, seconded by Robert L. Valentine W1.
Comments:
Robert L. Valentine W1: I do not want to be repetitious but I
felt that all of the people who we interviewed were outstanding
people. They all had good qualifications. I don’t
think it was the easiest decision to make and of course we made it and
I thank all 13 who applied.
Paul Wertz Ward 4/President: I hope all 13 who applied keep in an
interest in community affairs. We need that.
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz
Congratulations and Welcome.
Comments or questions?
New Business:
David Duncan, Cherry Street, Ashland, Ohio: I have talked with
the City Engineer and the Street Department and asked them if they had
done a traffic survey on Liberty Street where the Kroc Center is going
to empty their traffic out on the street there. They said they
had done a traffic count and then I had asked them if they traveled the
street to see that people are now pulling up on the tree lawns so they
don’t lose the mirrors off of the driver’s side of the
vehicles. They said they hadn’t noticed that. Well I
had just come through there this evening and there are a number of
vehicles parked up onto the tree lawn just where the wheels on one side
can get another 2 ½ feet of clearance and that seems to be
problem almost the full length of Liberty Street. So once the
Kroc Center opens, there is going to be a lot more traffic, and a lot
more mirrors gone. That is a concern that I have since I
travel that street quite often myself.
Paul Wertz: You are talking about Cherry Street part right?
Cherry Street entrance?
David Duncan: No. The Kroc center has a new driveway that
empties out onto Liberty Street. Liberty Street is where the
traffic is taking off mirrors off of the cars and trucks. If they
can fold their mirrors, they are doing so. And even then they are
pulling up onto the tree lawn to save their vehicles.
Ruth Detrow: So it is going to have to be made wider eventually?
I know that area fairly well. Is there room to make it wider?
David Duncan: Well they can take the curb out on one side and go
to the sidewalk. That would add another three feet which would
probably would be enough to alleviate it.
Paul Wertz: We will have traffic control committee check it out.
Robert L. Valentine W1: Maybe just to mention that the
Traffic Committee consists of the Mayor, Chief of Police, Fire Chief,
City Engineer and Street Department and Mayor’s Assistant.
Mayors Comments:
The Comments that I have this evening are quick and to the point and I
am going to request Council to move into an Executive Session for the
purpose to consider the sale of public property at competitive.
It is RC 121.22 G to discuss with the Law Director a matter that may be
a subject of imminent court action.
Motion to adjourn to Executive meeting by Paul Wertz, moved by Robert
M. Valentine W2, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz
Executive Session 7:26 p.m.
Paul Wertz: No action will be taken and we will adjourn
immediately following the Executive Session.
Move to reconvene back into Regular Session by Robert L. Valentine W1,
seconded by Ruth Detrow
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz.
Move to adjourn Regular Session by Robert L. Valentine W1, seconded by
Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Robert M.
Valentine W2, Ruth Detrow, Paul Wertz
Regular Session Adjourned at 8:14 p.m.
Submitted by
Valarie Bishoff
Clerk of Council