RS7-1-2008

Ashland City Council

MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, July 1, 2008

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

ROLL CALL

At-large:     Stephen L. 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

.
PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES
(a) Work Session 6/5/08
(b) Regular Session 6/17/08

No Corrections or Comments

Motion to accept the Minutes of 6/5/08 and 6/17/08 by Paul Wertz, approved 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

LEGISLATION

   Ordinances

Ord. 30-08
Item (a) AN ORDINANCE AMENDING CODIFIED ORDINANCE CHAPTER 1184; REPEAL-
            ING THE EXISTING CHAPTER 1184; AND DECLARING AN EMERGENCY. (1ST
            READING)

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: Steve Stuart, Robert L. Valentine W1 Robert M. Valentine W2, Ruth Detrow, Paul Wertz

Questions or comments?

Robert L. Valentine W1: The thing that the Mayor had thought up. I wonder, has that been clarified. The idea of the signs that you put up like; the portable ones with the changeable letters.

Jim Cooper: My understanding of that. In the old system, along the way, we just started to look into this over a year ago. There is a lack of some clarity in enforcements. Some of these signs; they have 30 days and then they have to come down and get another permit. That was one of the reasons we started to look into it to be able to enforce things.

Robert L. Valentine W1: Are they permissible?

Jim Cooper: They have a 30-day permit, then after that it is illegal unless they get another permit.

Robert M. Valentine W2: Yes, we are trying to make them temporary, not permanent.

Comments or questions?

Motion to pass Ordinance on second Reading 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

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

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

Ord. 31-08
Item (b) AN ORDINANCE AMENDING ORDINANCE NO. 96-07; SECTION XIX-TABLES OF
              ORGANIZATION FOR THE POLICE AND FIRE DIVISION, BY INCREASING THE
              NUMBER OF POLICE SERGANTS BY ONE POSITION AND DECREASING THE
              NUMBER OF OFFICERS BY ONE POSITION; 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: Steve Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

Bill Miracle, Police Chief: This Ordinance will allow us; what we are considering are 12 hour shifts in the next month or so and each 12 hour segment will have 2 squads on it, so basically we would like to have a sergeant on each squad. It drives the continuity of leadership for each squad. So when one squad is on, the other one is off in that particular 12-hour scheduling. So this allows us to put an extra sergeant on to cover that 4th squad and in addition we have a 5th sergeant that is in our Detective Bureau right now. Now we are not growing the department by doing this; we are just taking a patrol officer and we will make him a sergeant, temporarily at first; then we will give him the sergeant’s test later in the year. And make it a permanent appointment at that point in time. But again, we are not adding another patrol officer. If we decide to do that in the future, we will make that change at that point in time. So that is what this Ordinance is about.

Questions or comments?

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

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

PUBLIC HEARING – Tax Budget for city of Ashland for next succeeding fiscal year ending December 31, 2009.

Motion to move to public hearing 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

Anna Tomasek: The Public Hearing for the 2009 Tax Budget is required by law. It is to be submitted to the County Auditor by July 20. The tax budget is available in the Finance office, available for public inspection at any time. Any citizen can come to inspect the document.

Robert L. Valentine W1: I got mine yesterday; it is quite involved, probably 3 inches thick; I have only gotten halfway through it. I am not that far along and we have another meeting before; so I am not ready until I peruse it more. I know I will have some questions.

Ruth Detrow: Ms. Tomasek, I think this is, not abbreviated, but some things have been left out, the justification and so on. Is this the document that used to have a sheet under the justification for that?

Anna Tomasek: For the tax budget purposes; Glen and I worked together and decided at this point in time that we are not going to do the justification but I will let the Mayor discuss that further if he wishes to speak.

Mayor Stewart: I felt that the justification process is better served when we get into the final budget so we know exactly what we are working with and where we are going. And what I will ask our Department Heads to do. Anywhere there is a change from this current year to next year; we will ask for some justification if there is any significance. If it is an Ordinance driven change, I am not going to ask for a justification. For instance if there should be an increase in wages, if there is an increase in health insurance and that sort of thing. If there are requests substantial for purchases of equipment, added personnel, that sort of thing, then we will do the justification process. But it will be abbreviated from what we received in years past. I would just want to say that many of those in the years past were almost; I don’t want to be accusing; they were a challenge and many of them were just reviewed the year before. I want to put some meat into it so there would be a reason for the justification to be read.

Questions or comments?

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

Ord. #
Item (c) AN ORDINANCE ADOPTING THE TAX COMMISSION BUDGET OF THE CITY OF ASH
                 LAND, OHIO; FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND SUBMIT-
                 ING THE SAME TO THE COUNTY AUDITOR AND DECLARING AN EMERGENCY.

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

WARD REPORTS:

Councilman at Large:     Steve Stuart
   No report.

Ward 1:   Robert L. Valentine
(a)   Chief Miracle, I had a call, can you give me a clarification on Electric Bikes?

Police Chief Bill Miracle: As a matter of fact, I just wrote an article, it will be in the Times Gazette this Saturday. To make a long story short. Mopeds have been around for a long time. They are under Ohio Revised Code. They are considered to be a motorized bicycle. Ohio has issued a whole list to the BMV of certifying mopeds that you can buy that can be titled in the State of Ohio. Drivers’ License is required for anybody over the age of 14 to operate the mopeds. You need an operator’s license and the moped has to be registered. With the cost of gas being what it is, we are seeing more motorized scooters. So I have been doing some research because we had some questions and some confusion around town as to whether they need to be titled or not. We did some checking with the Department of Motor Vehicles and found out that motorized scooters are basically no different than a motorcycle. They need to be registered, you need to be 16 years old, have a motorcycle endorsement on your license and they need to be titled and registered through the state. In other words, they need to have license plates on them. Just like a motorcycle does. In addition some of these scooters are being sold through Departments, over the Internet and things like that are not able to under current State Law because some of them don’t have turn signals or safety equipment. So I would just caution those that wanting to buy one to make sure that it has been certified as safety to the state and able to be titled before they make that purchase. To make a long story short; you need a driver’s license, you need to be titled, it has to be registered and you need financial responsibility Insurance on a scooter just like you do on a motorcycle.

Ward 2:   Robert M. Valentine
(a)   Robert L. Valentine was on vacation; someone had a big pothole. Gave message to Jerry Mack.

Jerry Mack: We will probably start those next week; we have about 23 of them

Ward 3:   Ruth Detrow
No report.

Ward 4/President of Council       Paul Wertz
    (a) I had a busy day on the phone today. I got a call about the railroad tracks on Cottage Street; it needs mowing.
(b)   Potholes on Sandusky Street in front of 420.
(c)   Railroad tracks on Union Street by Garbers have Potholes.
(d)   High grass at 337 E. 9th Street.
I drove down by and it is mowed in the front and the sides; but the back is not mowed. We will check that.

   (e) Call on alley between Vine Street and Pleasant Street. It runs from Cottage Street to the 500 Block of Vine and Pleasant.   The guy that lives at the upper end of the alley, he speeds down through there and there is a stop sign there and he is not stopping. A couple of people have almost gotten hit. They are wanting speed bumps put in. I would like to have the Safety Committee check that out.

OLD BUSINESS: none.

NEW BUSINESS:
(a)   Permit for advertising on Private Property: (Political) James E. Riley, 656 U.S. Highway 224, and Sullivan, Ohio 44880, once weekly till election; 419-736-3212. Mr. Riley not present.

He will be going door to door and they stated if people are not at home, they will leave it in the door.

Robert M. Valentine W2: It should be a door hanger; some way to clip it to the door. Most of them have a hole in the top to hang on the door.

Ellie Grubb: When he comes in to pay for it, we will make sure he understands that he needs to go in a plastic bag.

Robert M. Valentine W2: Or a way to secure it so they do not fly in the neighborhood.

Move to allow the permit request on private property by Robert M. Valentine W2, seconded by Stephen Stuart.
    Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz.

PUBLIC HEARING: Request for Alley Vacation, Jefferson Street, Ashland, Ohio.

Moved into public hearing at 7:20 p.m. All Ayes.

Jim Cooper: This is a very short, what I call a Stud street, about 200 feet long. The University owns both sides of it. Actually three sides and the city owns both sides of the streets. So they are asking that it be vacated.

Questions or comments?

Rick Ewing, Ashland University: It is pretty self-explanatory.

Paul Wertz: Does Council want Legislation to be prepared?

All Ayes from Council to prepare Legislation for Alley Vacate.

Moved to return back into Regular Session from Public Hearing 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.

(b)   Building Permit: (Home Hardware) New, Business Building- 4500 Square feet, estimated cost $295,000.00 dollars; located on the east side of Luther Street between South Street and West Washington. (Owner Gaylord Miller/LLC) 140 Center Street, Ashland, Ohio 44805;

Mark Miller, Home Hardware: What we are looking to do is to expand our business moving our service department on 7 West Main Street building so we can expand our furniture department which we need to expand. This will hopefully be a phase I where maybe in a year or two we will also attack another building beside that, on the east side. It will employ 15 more people downtown.

Ruth Detrow: I drove past looking for where it would be. Is it in the parking lot?

Mark Miller: It is in the parking lot. On Luther Street, a single house. Around the back corner of that facing north to the town creek.

Robert L. Valentine W1: I saw where the one sidewalk was 5’ and the other one was 4’. Is there a reason for that?

Mark Miller: I do not know.

Mark Burgess: I have a question; on the plans that were submitted, I talked with Mike about, it was under 4200 square feet and the agenda says it is 4500 square feet. Is that a typo?

Mark Miller: The variation there is the interior dimensions and the exterior dimensions. So that is what the variation was. Originally we had talked with you and you had agreed that it was the inside dimension with what we had to meet and we met that. You said that it was under 4200, I think it was 4100 and change.   We didn’t have to print those again.

Questions or comments?

Robert L. Valentine W1: Are you going to have any parking left?

Mark Miller: Oh yes. There will be lots of parking.

Robert M. Valentine W2: It is kind of nice to see something expanding downtown. It is a good thing.

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

(c)   Permit for Advertising on Private Property: CSG & Assoc., Inc. 1011 East Main Street, Ashland, Ohio 44805, once every 3-6 weeks

Ruth Detrow: What is CSG?

Dennis Wuske, CSG: It stands for Canton Sales Group. We have been in your city for three years. We just found out about a permit. I have actually been the manager for one year now and this just came to my attention recently.

Ellie Grubb: The reason is that we have gotten complaints in the Mayor’s office that they were being stuck on mailboxes. Last year as well.

Dennis Wuske: Actually our associates are instructed not to put anything on a mailbox. They are repeatedly told that that is a Federal offense. We do know that. The only issue is taping it to the door was on windy and rainy days so they we’re not flowing all over the neighborhood as Mr. Valentine had mentioned earlier. They are also instructed not to put it on a painted surface, door glass or a doorknob where it is not going to basically peel the paint off of a door. Primarily we get the taping so the rain and wind did not blow them all over. We tried to follow what we understood.

Ellie Grubb: When you picked up the advertising permit, did you receive the copy of the Ordinance? Because that does say it requires a bag so it will hang on a doorknob.

Dennis Wuske: Yes I did.

Ruth Detrow: I am still a little lost about what you do. Do you advertise for various other businesses?

Dennis Wuske: This is how we market and advertise our products.

Ruth Detrow: What is your product?

Dennis Wuske: Filter Queen. Actually Mr. Mayor has actually looked at it. I talked to him on the phone a few months back. He could probably shed some insight on it. It is an indoor air purification system. It is a direct sales company. We do not market in stores so retail is actually through marketing and advertising through various forms so they can call us to set up an appointment. It goes beyond the old days of door knocking. We do not do that. We do our product by appointment only.   In order to reach the public we pass these out.

Ruth Detrow: I was wondering; you are telling the truth here, you are giving away a Florida Vacation; Starbucks gift card, a pizza, and a ham. You are doing what you are saying you are going to do for everyone that calls?

Dennis Wuske: You were set up privately on a weekend when they were out training.    So that did not require a gift. But when they call us we present a gift. We pick up gift cards for a ham; we do not carry frozen hams around in our trunk. Most of these are gift cards. Most of our gifts are in the form of a gift card with the exception of our mini vacation. We subscribe to a company that gives these mini vacations as promotions. So we give those as a thank you gift for just simply taking a look at our product.

Mayor Stewart: But it did require a long time.

Stephen Stuart: What is the duration of this permit?

Ruth Detrow: It is pro rated for one year.

Richard P. Wolfe II, Director of Law: We have certain criteria for granting a permit for advertising on public property and I think we need to stick to that or else change the criteria. And there are reasons why we established the criteria and litter and things stuck on people’s windows or doors are part of the reasons. So unless any applicant is willing to comply with the criteria that are established, I don’t think you should grant the permit.   Just like in the first one, the permit is subject to them meeting our criteria and if he doesn’t then he is not going to get the permit issued.

Ruth Detrow: You must use a bag and hang on the door.

Richard P. Wolfe II: In some fashion. If you have multiple items, then the general way is to put it into some kind of bag with a hole in it and it goes on the door knob or handle or whatever the case may be. So I don’t think the taping issue is acceptable unless you want to change the criteria. You certainly have the privilege to do that by Ordinance.

Keith Ballantyne: This is citywide to be on any business? What about those people who leave for the winter. If you leave them hanging there or taping them to the door; that is just broadcasting that you are gone. That is the problem I have continually. Is there a number you can call to say not to leave one at this address?

Richard P. Wolfe II: Well you could do that if you knew who had been granted permits prior to you leaving but if it was a permit that was granted after you left, that would not be very effective. If you had a notice on your door that said, no solicitation, no advertising or something then you have withdrawn the privilege of somebody putting something on your door knob and if they did it in violation contrary to that then that would be a violation. There is an implied invitation with a sidewalk and a door for somebody to come up to the door but if you withdraw that, then that would be trespassing. It is not going to be sure fire if you are going to be gone for 4-6 months but may somebody could look at your house when you are not home to make there is not anything accumulating. That is why we have an Ordinance to regulate them.

Questions or comments?

Mayor Stewart: If the permit as applied for, doesn’t meet the criteria, get the specific criteria that is required and go forth and bring your application back.

Dennis Wuske: So it would be in the form of either a door hanger or bag?

Mayor Stewart: You get the criteria and make sure you understand it; if the Law Director chooses to, he can spell it out. I am not going to spell it out tonight because I am not that confidant that I could tell you for sure. But you need to meet the criteria and tape is not the proper criteria for leaving a piece of advertising. Is that accurate? Thank you Paul. So you disapprove it at this time.

Paul Wertz: Yes. We will disapprove at this time until you come back with a hanger type delivery.

Permit not granted at this time.

PUBLIC HEARING:   Request for non-conforming use permit (church) 104 Broad Street, Ashland, Ohio 44805.

Michael McPherran:    As I came before you prior, my wife and I are opening a dry-training facility for competition or athletic diving. It is something she currently does with a matter of about 8-10 students now at the University pool and also the municipal pool. Basically, what it is; we would be providing one on one instruction for private training to teach basic fundamentals by use of trampolines and harnesses for students for athletic or pool diving on a dry training facility in that church.     We just need special use to occupy it as a business since it is zoned otherwise.

Robert M. Valentine W2: What are the hours?

Michael McPherran: The hours are mostly after school or in the evenings because the students range anywhere from age 8 to college age. But right now a normal practice schedule is from 5:00 p.m. until 7:00 p.m. two nights a week then there is one at 3:30 p.m. to 5:30 p.m.

Robert L. Valentine W1: You said your wife is the assistant coach?

Michael McPherran: Yes.

Robert L. Valentine W1: Is this in addition to what they do up there?

Michael McPherran: This is on her own. She does it for private lessons.

Questions or comments?

Richard P. Wolfe II : Under the provisions for non-conforming use permits, he has to show that zoning provisions are either highly impractical or create a substantial hardship, well that speaks for itself in that the use that he suggests is prohibited by zoning; so it is impractical and he has met that requirement as far as showing that. Now, I think Council needs to take into consideration the property and location of what other possible use somebody could put to it and as you say he has made substantial improvements to the property and that is a good thing. Council, if you choose to grant the permit, you have the right to designate specifically what uses can be made on the property that would be contrary to the zoning and if you want to take his application and permit it as presented; you can do that. He would have to come back to Council to change or expand that and then you also have the right to impose any additional conditions as you feel are necessary in order to protect the best interest of the area and the surrounding area. You have asked the question before, but just in case you wanted further information; This is a five year permit, it can be renewed in periods of five years; it cannot be transferred to another party without Council’s approval; so it is an exception to the rule. So it is very narrow or very strict provisions. It is something short of doing a complete zoning change from one parcel of land. It is something we do not use very often and is not meant to be used often.

Robert L. Valentine W1: Where are they going to park?

Richard P. Wolfe II: Anybody can park; there is on-street parking on Broad and Main. Parking in the city lot for various purposes. I don’t think they have such high volume that you are going to have a significant parking at anyone time.

Paul Wertz: You understand that is for five years; if we go by the way you turned it in, can you live with that?

Michael McPherran: Yes sir.

Move to grant non-conforming permit 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

(d)   Petition for Alley Vacate: Rick Ewing-Ashland University, 720 Claremont Ave., Ashland, Ohio
       44805; the east line of Lot No# 929 and 2156, South Ashland, being the west right of way line of
       King Road (40’) to the east line of Lot No. 2399, south Ashland.

Rick Ewing: This is very simply an alley that runs perpendicular to King Road between Garman and Bruce and basically runs through the back yards of two properties. We have taken some of those properties to utilize in the intramural field and since it is back yard alley, again we would like to get it vacated so that everything is clean and proper.

Questions or comments?

Richard P. Wolfe II: If it is an alley which you wish to pursue vacating, then you need to request a Resolution to declare your intention to vacate the alley and that Resolution then will set a public hearing. I hope there is not a time urgency because this next meeting on the 15th of July, and the public hearing will not be until September. Then Legislation will be after that.

Rick Ewing: My question would be, as an alley it is a matter of the city’s rights in terms of what they can do with that. Will there be any restrictions to us using that six feet of alley as part of the field or would that be enacted by this time frame?

Stephen Stuart: Is there an alley there now? I cannot see any evidence of an alley being there now.

Rick Ewing: The only evidence was the house had at 1120 King utilized the alley to get to their garage. That house is no longer there.

Richard P. Wolfe II: Probably the more appropriate reference is to refer to it as a right-of-way and whether it is developed or not is up to the city. So we are vacating the right-of –way. If you proceed to develop it in any way prior to it actually being vacated, you do so at your own risk. If it is just an open space or a field, there is not much risk there. We really can’t compress that time frame.

Rick Ewing: It is not our intention to build anything on it.

Richard P. Wolfe II: Now the appropriate next step is if you want to proceed with that to have a Resolution to declare your intent to do that and set the public hearing and then go from there.

Moved to approve for Resolution by Stephen Stuart, seconded by Robert L. Valentine W1.
    Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

(e)   Petition for Alley Vacate: Salvation Army, Kroc Center, Major Larry Shade, 40 E. Third Street;
      the west line of Lot# 641 A, South Ashland, to the West line of Lot# 646A, South Ashland and the
      West line of said 0.619-acre parcel.

Jim Cooper: These alleys, everyone has signed the petition and it has been requested by the crock center, and has been sent around to the various division directors. No one seems to have a problem with this and residents don’t either.

Robert M. Valentine W2: Well, if we have a public hearing and there is someone out there that wants to complain, that is where they can come.

Questions or comments?

Moved to approve for Resolution by Stephen Stuart, seconded by Robert M. Valentine W2.
    Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz

MAYORS COMMENTS:
(a)   I would like to ask our Engineer Jim Cooper to update Council and those in attendance tonight on the various projects that are in progress or in the process within the city.

Jim Cooper: Yes sir. To date, yesterday we loaded some equipment on Ford Road extension and they are cutting some ditches today. Some concrete pipe was moved in yesterday and they will start doing the Storm Water Work. They will cut the ditches along the road and rather rapidly if the weather helps us out here it won’t be too long before we start paving that road. It is going to come together quickly. That is a good thing. Tomorrow, the curbs in the wider are at the Ratliff property. The main 24-footer 32-foot section has been put in. The two ears on each side close to 250 we will put in tomorrow and then next week they will do the asphalt paving along 250. So that project is coming along nicely. I am sure Mr. Ratliff is happy with that. The EPA held that up for a year.

Eastbrook, the waterline, the main line should be in today.   We will go up Meadow Lane and work on that later this week. Next week we will start connecting the houses to the system. This should eliminate a lot of rusty water. Garfield has been done. There is a section of yard that still needs to be seeded and there is one area of where there is a corner of a concrete apron that had gotten broken. The contractor is going to fix that. He is waiting for decent weather. He hopes to be in there Monday. Other than that, we were working on the Booster Station; the generator is on the pad we built. The roof needs to be put on and then we have the electrical panels and electrical part of it come in to get that connected. That is coming along nicely. Mid July, the water softener which is at least two projects, will be started by Simonson. Those are some of the major projects that we have right now. Also resurfacing will go out for advertising next week and be dead on the 23rd. 18 Waterlines that we have money from Regula, the plans are done, they have been reviewed. And then we will go out for bid on those. For that we have $675,000.00 dollars from the Federal Government and we have to come up with $521,000.00 dollars which is budgeted. So that will go a long way to help in our Infrastructure; I am sure Curt Young is very happy about that.

Robert L. Valentine W1: Is Eastbrook on the resurfacing project this year?

Jim Cooper: No sir; but it will be thrown out for consideration next year.

Robert L. Valentine W1: Someone called me on that already.

Robert M. Valentine W2: Home Hardware, that is supposed to start the 15th or after?

Jim Cooper: Yes sir. And then be done by the end of October.

Ruth Detrow: There was a sign that Rt 60 will be closed for 90 days.

Jim Cooper: That will probably be for the bridge. The detour will be Washington, around Union and Main Street will be a very short detour. We had hoped this week too to do phase II of our Water well north of town. Due to the rain, they have a man up here today to check it out and they are going to come in next week.    They went down 108 feet. The first 35 feet was clay. The remaining 73 feet was nothing but sand and gravel. We are hoping to go down about 200 feet and we are hoping to get water in a layer from 140- 180 feet based on our test well. Everything still looks very positive, and we are hoping for a very productive production well.   That will be at additional sustainable yield towards what we already have.

Questions or comments?

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

(a) Pat Williams, 332 E. 9th Street:   I was the one that called all day about the property beside of us that I have been arguing about to get it cleaned up for over one year. The article that was in Saturday’s paper. Could somebody explain to me, maybe I am reading it wrong, how this reads? When I talked to him he said 45 days.

Mayor Stewart:   Who are you addressing? I don’t know what article you are speaking of. Who did you talk to?

Pat Williams: I talked with Paul Wertz today; I called Valarie, Clerk and she told me to call the City Law Director. I called the Law Director and they said I would have to talk to Darlene Baum and she is on vacation this week. I called Paul today and he told me it takes 45 days to do anything. Well the way I read this article was in Saturday’s paper; it does not say anything about 45 days.

Travis Minnear, Times Gazette: If there is an error, we will update. But I was to understand from the Codified Ordinances this was so.

Paul Wertz: Rick, can you correct me here if I am wrong?

Richard P. Wolfe II: We send out a letter, there is a given time to take care of it and we check it again and if they do not make corrections we put further pressure on them to try to resolve the issue; most of the problems we have; now this one there is somebody living there and the last I knew it was mowed and apparently it has been partly mowed but not completely mowed. Most of the properties that we are having trouble with are vacant houses, foreclosures, and bankruptcies.

Mr. Williams: He will mow, but never weed eat. The weeds were so high; the mailman couldn’t put mail in the mailbox until he cleaned the front up. In the back of the place, they have a shed; the bushes and the grass are as high as the shed. We are getting ready to put our house up for sale and I would like to have this taken care of.

Pat Williams: And in the paper it said the grass shall not exceed 12 inches in height. Some of it is 36 inches, 3 times as high. I have been arguing about this since last year. It says here that the owner/occupant or person having charge or management of the property in question. Well his mother and step dad own the property and they live on route 60 so I feel that it has been way over one year, something should be done. I don’t feel that I should be penalized by maybe not being able to sell my house because of this kid that doesn’t want to do anything.

Richard P. Wolfe II:   We have looked at it. We have done a lot of things with it; there have been a number of complaints and we have responded to them. The grass gets cut and it grows again. Apparently he doesn’t like to be quite as neat as other people. But there are a lot of other problems that are a lot worse. At least guy is mowing some of it; but we will have a look at it and as she said, our investigator is on vacation this week and she is the one that goes out and checks things and tries to talk to the people if they are there. It is one of those things we try to encourage and persuade people. We are not trying to parade people into court because the grass gets to be 13 or 14 inches. Ultimately we can do that.

Robert M. Valentine W2: The problem I have with it. If you are just going out to mow and you leave the weeds around, I have a problem with that. That should be a part of it. Please weed whip your weeds.

Mr. Williams: The only time he mows is if you call and complain. It has been ongoing for years.

Robert M. Valentine W2: Is he still leaving his trash on the back porch?

Mr. Williams: Yes. He might set the garbage out maybe once a month.

Pat Williams: The other day I counted, there were 11 bags of garbage setting out front of his house. I know he is not putting it out every week.

Mr. Williams: There is already starting to be mice around. It is time for him to clean it up.

Robert M. Valentine W2: The letter needs to be sent to whoever owns the property.

Pat Williams: That is what I said. His mother and step dad owns the property. They live on Route 60.

Paul Wertz: When Darlene gets back, she will check it.

Mr. Williams: Are there any Ordinances on the fence that he put up?

Mayor Stewart: What is your specific question?

Mr. Williams: Do you have to maintain the fence once you put it up?

Mayor Stewart: To whose standards?

Mr. Williams: To the City’s standards then. Are there Ordinances on it?

Mayor Stewart: I cannot speak on that.

Richard P. Wolfe II: The fence they put up, it is leaning probably 20 inches; the boards are falling out of it. They do not maintain. They have never maintained it. All you have to do is get in your car, go down there and look at what we are complaining about.

Pat Williams: I did not put this in the paper. The Council or whoever made up these laws are the ones that put it in the paper or whoever. That is what I was going by.

Mayor Stewart: Isn’t the Author of that article in the paper here?

Travis Minnear: Valarie helped me find a couple of things and that was in the Codified Ordinances.

Pat Williams: How do you interpret this?

Travis Minnear: I am not a lawyer, don’t ask me.

Pat Williams: If you put it in the paper, then you should know what you are putting in the paper. Somebody is meant to enforce it. If I had a speeding ticket and I did not pay that speeding ticket within a certain period of time when it was due; would they let me get by with it? No.

Mayor Stewart: Mrs. Williams, I will drive out by there tomorrow with Paul if he is available. I cannot make you any promises; we will look at it, I will understand what you are talking about fence. I don’t know if there is anything that I will and can do about it; I will look at the tall grass and I will look at the high weeds and I will convey what I have seen to Mr. Wolfe and I think I understand what Mr. Wolfe has said. There is a file thick with letters that have been sent to these people.

Richard P. Wolfe II: For a year or so. There have been various complaints and there have been varying degrees of response to the complaints.

Pat Williams: My point is, if you just go out and look at it and send a letter, and they do not do anything about it and you as Council do not make them do anything about it; they don’t care.

Mayor Stewart: I will go out and look at it in the morning.   I am not taking my lawn mower out there; there is a process and it sounds to me as though the process has been applied but the results have not been to the satisfaction wanted. We will look at it again. I understand what you are looking at. Are you home in the morning?

Pat Williams: Yes. I will be home.

Mayor Stewart: I will stop and knock at your door. Is that fair? Thank you.

Questions and Comments?

Dave Hall, 9129 TR 91, Killbuck, Ohio: My name is Dave Hall. I am a candidate for your State Representative of the 97th district. I wanted to swing by. This is an open seat for State Representative, Gibb is running for Senate, so I have been asked by the Republican party to put my hat in the ring, so I have and I just wanted to say Hi and tell you about a little bit of experience that I have. I am a County Commissioner and I have served for 10 years in Holmes County. I have served on the board with Mr. Valentine before when he was County Commissioner a few years back. I am also President of a ten county development district; so I do have that history behind important issues with cities and entities dealing with issues of grant funding for the area and I think something that will help when I am Columbus dealing with those issues are going to be 1.5 million jobs plan. I need to be plan ready. I just wanted to come out and say Hi and see you at the Balloon Festival.

Motion to Adjourn Regular Session by Paul Wertz, moved by Robert M. Valentine W2, seconded by Robert L. Valentine W1.
   Ayes: Steve Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
   Wertz

Meeting adjourned at 8.01 p.m.                   Submitted by
                                       Valarie Bishoff
                                       Clerk of Council