Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, March 17, 2009
7:00 p.m. 3rd floor
206 Claremont Avenue, Municipal Building
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: 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: March 3, 2009
No Corrections or Comments;
Motion to accept the Minutes by Paul Wertz, moved by Ruth Detrow,
seconded by Robert L. Valentine W1.
Ayes: Robert L Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul
Wertz.
Abstain: Stephen Stuart.
Paul Wertz: We have a presentation at 7:10 p.m. by Cheryl
Staron. It is actually 7:00 p.m. right now so we will start our
first Ordinance.
LEGISLATION
Ord. No. 25-09
Item (a) AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND
OTHER EXPENDITURES OF THE CITY OF ASHLAND, OHIO, DURING THE FISCAL YEAR
ENDING DECEMBER 31, 2009; AND DECLARING AN EMERGENCY.
Moved for non-reading in full by Robert M. Valentine W2 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 W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
Comments or questions?
Ruth Detrow: Just for the record; Mrs. Musson, you and I talked
about this earlier but there was nobody there so I want this on the
record please. I asked you about the budget for travel to
meetings, travel vouchers. I want for the record, your answer.
Anna Musson: You gave a Public Request and through your Public
Request you asked for the travel line item in the Finance Budget and we
gave you a detailed trial balance of that and we copied every check out
of that line item for you. Also you asked about fuel cost and the
pool cars used for the Finance Department as well as other
departments. We provided to you a detailed Audit trail for all of
the gasoline usage, air filters. Everything that is related to
the pool car. And these Audit trail reports you requested was
from January 1, 2008 through January 2009.
Ruth Detrow: Okay. And then I additionally asked as a
Councilman for extra information such as registration for seminars and
cost of seminars.
Anna Musson: The Finance’s Department budget for travel was
about 310.00 dollars and so the majority of the conferences and
expenses for myself are not Public Records since they are paid by
private organizations.
Ruth Detrow: What is that Organization?
Anna Musson: There are several, so that is not Public Record
because no tax dollars are being used to pay for Hotels or expenses
such as that.
Ruth Detrow: I realize there was no way.
Anna Musson: But we gave you everything that was used for Public
funds.
Ruth Detrow: But I am asking as a Councilman; what are those
organizations? And you are refusing to tell me because those
organizations, you aren’t required to, so you are not going to do
it.
Anna Musson: I would be happy to. I am the Vice President
and will be sworn in as President for the Ohio Association of Public
Treasurers of Ohio. I am a national committee member, nationally
recognized speaker for fraud, cash handling, and disaster preparedness
and wrote a manual for the United States and Canada and United States
Public Association Treasury. They have requested me to speak from
time to time and they pay for those expenditures.
Ruth Detrow: Okay, and since you are now generous enough to tell
me that information could you give me a list of how much time you took
out of your city time to do that?
Anna Musson: Basically, I have done above and beyond my public
servant time to do that. I am available 24/7 and it is an honor
and a privilege to serve the city as well as to teach and educate
fellow treasurers and Finance Directors across the United States and
Canada.
Ruth Detrow: Well, that is all I have to say.
Comments or questions?
Robert L. Valentine W1: No, I am pretty satisfied with the
questions I had asked before and they were answered. I checked
into some that the question I would ask here on the floor, if it
wasn’t answered; I checked into it and found out what the
situation was and it was answered.
Move the Ordinance be passed on the 1st reading by Robert L. Valentine
W1 and seconded by Stephen Stuart 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 Paul Wertz, Seconded by Robert
L. Valentine W1
Ayes: Stephen Stuart, Robert L Valentine W1, Robert M. Valentine W2,
Ruth Detrow, Paul Wertz
Paul Wertz: We need a motion to go into Presentation with Cheryl
Staron of Fair Housing.
Move to go into the Presentation 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
Presentation with Cheryl Staron, Fair Housing 7:10 p.m.
Cheryl Staron: Mr. Mayor, Council. My name is Cheryl Staron and I
am the Director of Fair Housing Services with Ohio Regional Development
Corporation. Our office has a contractual agreement with the City
of Ashland in order to provide Fair Housing education, outreach and
services to the residents. This is sort of our annual
visit. Part of the grant agreement when the city applies for
Community Development Block Grant funding; is that they will make
themselves available for a very brief fair housing training
session. I am here this evening in order to meet that
requirement. I just want to remind you that our office is
available should someone feel they have been treated differently in a
housing matter because they are a member of one of the seven protected
classes as recognized under federal law. Those seven federally
recognized classes are: race, religion, color, national origin, sex,
familial status and disability. As of March 24th 2008, the state
of Ohio added an additional protected class in the state of Ohio and
that particular class is Military status. So if someone finds
themselves on active duty or finds themselves in Reserves or the Guard,
in a situation where they could be called to active duty, it is illegal
for a housing provider to treat them differently with regard to a
housing matter. I have a very general fair housing brochure that
is available throughout the city of Ashland. I would like to
leave these with the clerk this evening. And this just breaks
down some very basic fair housing information. The important
thing is that it does have a local contact number which is the
city’s Engineers office as required by state law and it also then
includes our toll free 800 number and anyone can call our toll free 800
number and request additional fair housing information. We also
sort of refer tenant landlord calls although I am not an attorney, so I
don’t advise Council or represent anyone in a situation such as
that. But I do have an extensive library and I do help direct
folks to where they may find the answer to the question that they
have. Are there any questions from Council this evening?
Robert L. Valentine W1: Where are your headquarters?
Cheryl Staron: Coshocton.
Robert L. Valentine W1: So this is KNO HO CO?
Cheryl Staron: No. We are not KNO HO CO. We are a
separate, non-profit agency and we work with cities, counties,
communities to develop, write, acquire and administer grant funding.
Robert L. Valentine W1: Did it used to be KNO HO CO at one time?
Cheryl Staron: I have been there over 10 years. And no I
don’t believe it did.
Questions or comments? None.
Motion to move back into Regular Session by Paul Wertz, moved 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
Moved back to Regular Session at 7:15 p.m.
Ord. No. 26-09
Item (b) AN ORDINANCE AMENDING ORDINANCE NO. 24-09, RELATIVE TO THE
NAME OF THE PUR-
CHASING ENTITY; AND DECLARING AN EMERGENCY.
Moved for non-reading in full by Robert M. Valentine W2 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
W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Mayor Stewart: This Ordinance is necessary due to the fact that
the original Ordinance relative to the purchasing of this property was
done under the name of TJM, LLC. When TJM, LLC applied to the
state for their paperwork they have to through, they found that that
name was not available. Consequently they have come back to us
and it is now Barbasol Land, LLC. And because the paperwork was
passed with the name that can’t be assigned, that is the purpose
of this Ordinance that nothing else is changed other than the name of
the entity that will be purchasing the land from the city or actually
from CIC. Along with that Paul, if you want me to share that with
you; I also have an amendment to the Enterprise Zone, it is an
amendment to the Enterprise Zone Agreement that has to go through the
same process because it was also an agreement with TJM, LLC and now it
is Barbasol Land. So possibly after you complete your voting on
this Ordinance, it will be appropriate to agree with the amendment to
the Enterprise Zone agreement for the same reason.
Questions or comments?
Move the Ordinance be passed on the 1st reading by Ruth Detrow and
seconded by Stephen Stuart 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 Paul Wertz, 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
Paul Wertz: Do we need a verbal agreement? We will have
Glen read it then we will vote on it okay?
Robert L. Valentine W1: I don’t know if you can do that,
otherwise if you are amending this.
Mayor Stewart: It was prepared by the Law Director.
Stephen Stuart: The Amendment is strictly a name change.
Robert L. Valentine W1: I understand what it is, but we are not
amending this are we. We are just amending something separate
from this?
Mayor Stewart: Actually I have a copy of this. This is the
original, it is a multi page. We are putting an attachment to that
multi page agreement.
Robert L. Valentine W1: It is not that I disagree with what we
are doing. It is just I want to make sure we are doing it right.
Mayor Stewart: It would have been more convenient if they had the
name right to begin with. Everyone makes a mistake.
Robert L. Valentine W1: Isn’t that true. So otherwise
I assume that what you are telling me is that the Law Director prepared
this so I am sure he wanted it done tonight?
Mayor Stewart: Yes. He signed it.
Robert L. Valentine W1: I would assume he did that, then what we
did is correct. I wanted to make sure.
Mayor Stewart: Do you want me to read it?
Paul Wertz: Go ahead and read it Glen.
Mayor Stewart: Amendment to the Enterprise Zone agreement between
the City of Ashland, Ashland County and Perio Inc., TJM, LLC whereas
the business name of TJM, LLC was not available and the name Barbasol
Land, LLC was chosen instead and whereas the Perio management team
business philosophy on hiring schedule has remained the same and
therefore it is hereby agreed as follows. The Enterprise Zone
agreement entered into by and between the City of Ashland, Ashland
County and Perio Inc., and TJM, LLC shall continue to be transferred to
Perio Inc. and Barbasol Land LLC in witness whereof the City of
Ashland, Ohio by Mayor Glen Stewart in pursuant to Ordinance number
which is the Ordinance we just passed has caused this instrument to be
executed on this date and Ashland Ohio by Kim Edwards as Commission
president and pursuant to Resolution has caused this instrument to be
executed again on this date and Barbasol Land, LLC by Tom Murray as
President, this ______ day in 2009 and Perio Inc., by Don Buckingham
Executive Vice President has caused this instrument to be executed on
this day and then the signatures that are appropriate at the bottom.
Move to approve the Amendment to the Enterprise Zone Agreement by
Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Stephen Stuart, Robert L Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Ord. No. 27-09
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
PUBLIC SERVICE,
TO ENTER INTO A CONTRACT FOR CONSULTING ENGINEERING SERVICES FOR PROFES-
SIONAL SERVICES RELATED TO THE BIDDING AND INSPECTION OF THE U.S. RT
250 SANI-
TARY SEWER IMPROVEMENT PROJECT-PHASE I, IN THE CITY OF ASHLAND, OHIO;
AND DE-
CLARING AN EMERGENCY.
Moved for non-reading in full by Robert M. Valentine W2 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
W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Comments:
Larry Paxton: This is an Ordinance authorizing the contract to
enter into an Engineering agreement with Arcadis Engineering out of
Akron, Ohio. Originally when this project was conceived, Mr.
Cooper negotiated the Engineering bidding, the contract negotiation and
the inspection of this job. Since the first of the year, we
re-negotiated with Arcadis and lowered that because some of that work
will be done in-house rather than done out of house. The contract
will be for $18,600.00 dollars. It is a savings off the original
contract $27,200.00 dollars by the Engineering department doing that
work in-house.
Questions or comments?
Stephen Stuart: Question. This is Engineering for the next
Ordinance we are asking to approve bidding on that project.
Larry Paxton: That is correct.
Stephen Stuart: Is the Engineering already done?
Larry Paxton: Yes. This here is for the bidding of
the job, some of the contract administration but not all of it, there
is some inspection because we want this project done correctly.
It is a deep trench that is being installed between the W.I.L.’s
Lab Research Pumping Station and Jamison Creek Pumping Station.
The line out here was installed and was added onto. It does not
have the resource to really get the sanitary flow down from one lift
station to another as it should. In this new line with the relief
line, we are leaving the existing line in place with all the laterals
attached to it. But there is a tremendous amount of sanitation
that flows from one lift station to another and this will alleviate
some of those problems.
Stephen Stuart: Thank you Larry.
Comments or questions?
Move the Ordinance be passed on the 1st reading 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 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 Robert L. Valentine, seconded by
Stephen Stuart.
Ayes: Stephen Stuart, Robert L
Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Ord. No. 28-09
Item (d) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
PUBLIC SERVICE,
TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE U.S. RT. 250
SANITARY
SEWER IMPROVEMENT PROJECT- PHASE I, IN THE CITY OF ASHLAND, OHIO; AND
DECLAR-
ING AN EMERGENCY.
Moved for non-reading in full by Robert M. Valentine W2, seconded by
Stephen Stuart 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
Larry Paxton: This is the project that I was just referring
to. The only thing that I would like to add to those comments are
one the Engineering department will perform that work in house.
We are also working in conjunction with Mike Hunter with Water/Waste
Water Divisions to review all projects to see what projects can be done
in-house by city staff rather than contracting it out. The
problem with this line is it is a deep trench and it is something that
requires some various risks involved and a little more expertise than
what we want to do at this time. So this project we need to take
it out for bids.
Ruth Detrow: So the risk is because the trench is so deep and
there is always the possibility the site could collapse?
Larry Paxton: There is that possibility yes.
Mayor Stewart: An outside contractor has the necessary equipment
to keep that trench open. What do you call that?
Mike Hunter: Well it is trenching and shoring, but also it
involves the capability of our equipment in the depth which we can
stand.
Ruth Detrow: So it is a safety thing.
Robert L. Valentine W1: It is an Issue II Project right Larry?
Larry Paxton: I was just going to say that it is an Issue II project
originally we were to receive a grant for $272,000.00 dollars for this
project. The estimated cost of the project, the Engineers
estimate was $336,000.00 dollars.
Questions or Comments:
Robert L. ValentineW1: What were those figures again please?
Larry Paxton: The Engineers estimate will be $336,000.00 and the
grant was for $272,000.00.
Robert L. Valentine W1: This says $251,000.00. Am I wrong?
Larry Paxton: Well there are two different funds. An Issue
II fund and the other one is the cost of the project that would be paid
for out of the Sanitation.
Robert L. Valentine W1: That is the $84,000.00. Thank you.
Comments:
Move the Ordinance be passed on the 1st reading by Robert L.
Valentine W1 and 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
Move to suspend the rules, 3 separate meetings, 3 separate nights
by Paul Wertz, 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 Stephen Stuart, seconded by Ruth
Detrow.
Ayes: Stephen Stuart, Robert L
Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz
Ord. No. 29-09
Item (e) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF
PUBLIC SERVICE,
TO ADVERTISE FOR BIDS AND TO ENTER INTO A CONTRACT FOR THE FORD ROAD
SANITARY
SEWER LINE PROJECT- PHASE I, WITHIN 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 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
Comments:
Larry Paxton: This project is an installation of a sanitary sewer
line on the Ford Drive Extension that was completed last year. I
am happy to announce that this was designed to complete the Engineering
part. We had no other Engineering expense other than in-house cost for
this. We will be utilizing the money from the original
department of development grant that we received several years ago for
the Industrial Park. The Engineers estimate at this point is
$76,900.00 dollars, for the exact amount that the grant will pay
for. We hope to have in play or in the ground by August if
everything goes well. Again this project will also be a review of
the Sewer department to see if they could do this work in house before
it is bid.
Questions or comments.
Move the Ordinance be passed on the 1st reading by Robert L. Valentine
W1 and seconded by Stephen Stuart 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 Stephen Stuart.
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
Paul Wertz: That is all of the Legislation that we have. No
Resolutions.
WARD REPORTS
Councilman-At-Large: Stephen Stuart
(a) I do not have a Ward report but I would like to
ask Anna a couple of questions, if I may. Anna, first of all I
wish you the very best in your new position. Question, do you
consider the Director of Finance position here in Ashland a full time
position?
Anna Musson: Basically, the Finance Director position for the
city of Ashland is by Charter, and I follow those rules and laws.
Stephen Stuart: Do you consider it a full-time position?
Anna Musson: It requires many hours, yes.
Stephen Stuart: Is the position that you are assuming in
Macedonia a full time position?
Anna Musson: Yes.
Stephen Stuart: Your letter of resignation indicated that you
were going to be starting there at least your letter didn’t
indicate that, your employment there in Macedonia. I believe you
begin March 30, is that accurate?
Anna Musson: Yes.
Stephen Stuart: And your letter of resignation to, indicated that
it would be possible, a tentative date would be June 1 depending upon
when the audit was submitted to the State, is that accurate?
Anna Musson: And the reason being for that is because the city of
Ashland, it will give the Council plenty of notice to find a capable
replacement because this is a very critical position for the City of
Ashland and also we are in the middle of an audit and I have already
talked to the Auditors on the gap side which basically is compiling the
cash financial statements so we can complete the Cafr. I have
been in discussion this morning with the actual auditors who will be
performing the audit, so my last official act in this office will be
completing the 2008 audit. So we are working on a
timetable. If the audit is done and completed before that, that
will be my date of resignation.
Stephen Stuart: But whatever that period of time is whether it is
one month or six weeks or two months, you will be doing two full-time
positions?
Anna Musson: Yes that is correct.
Stephen Stuart: How do you do that?
Anna Musson: I have it all scheduled and planned.
Stephen Stuart: In other words we can count on you being here in
that time at least a 40-hour week?
Anna Musson: I will be following the City of Ashland’s law
and the State of Ohio laws in the amount of time required for this
position.
Stephen Stuart: Now what does that mean? What does that
mean for you.
Anna Musson: Elected officials are not required to be in the
office 40 hours a week.
Stephen Stuart: Okay, in other words, we might not have your
services?
Anna Musson: I will be available 24/7 to all members of Council
and to every member of the public.
Stephen Stuart: Who is going to be doing the day-to-day work of the
Finance Director?
Anna Musson: I will be overseeing it just how I have overseen it
by vacation, or out of the office time. And I will be working
evenings and weekends and multiple hours, yes.
Stephen Stuart: That is interesting that you can assume two
full-time positions concurrently.
Paul Wertz: Is that all you have Steve?
Ward 2: Bob Valentine
(a) Tuesday I called Engineering Department.
Somebody called me about the Mifflin Ave. and Rt 42 light. And I
called and talked to Laura and I think she called Jerry. The next
day the guy said it was fixed. And the guy called me back and I
wanted to thank him very much. Appreciate it how fast you guys
acted.
Ward1: Bob Valentine:
(a) No report.
Ward 3 Ruth Detrow
(a) The only thing is, Monday I took my trash out and
I didn’t expect to see everybody else have there’s out and
be all ready for this new schedule, and they were. How has it
gone?
Jerry Mack: Fairly well. I can’t tell you how many
calls we tried to keep track of them today. But I’ll bet
you at least 300 calls yesterday.
Ruth Detrow: For people that trash was left?
Jerry Mack: A lot of people claim they never got the letter.
Mayor Stewart: But they go a Water bill didn’t they?
Jerry Mack: Well this was a separate letter. I don’t
know where we went wrong, but.
Ruth Detrow: Well in my neighborhood it went like clock
work.
Jerry Mack: We had a very good day. I don’t think we
had the trash that we have been because a lot of people still
don’t know. I feel we got probably a good month of getting
this going. But once it gets going, I think it is going to work
great. And we are working Commercial things. When everybody
gets this letter, it will get better. You must have got your
letter.
Ruth Detrow: Oh yes, I got it. I did and everybody I talked
to did.
Robert M. Valentine W2: I brought mine with me.
Jerry Mack: It might be a case of landlord issues where maybe
they aren’t getting distributed.
Ruth Detrow: I think everybody on Jacob Street where I put
mine out did.
Robert L. Valentine W1: How is the recycling going Jerry?
Jerry Mack: Fine.
Robert L. Valentine W1: I didn’t notice anyone but one
person on our street putting it out. I kind of like it
myself
Mayor Stewart: There may have been an inordinate amount of
recycling taken out to the containers that Hawkins area out
there. I was out there yesterday, and it was a disaster. I
called Dan Scott and in a couple of hours it was all cleaned up but all
of the hoppers were full. As you drive in from Mifflin Avenue
there are four hoppers and they were all chucked full, it was a mess
all over the grounds. I don’t know if people decided they
weren’t going to get recycling picked up or what. I just have not
seen it like that before. But they took care of it immediately.
Robert L. Valentine W1: They have been having some trouble out
there with that thing anyway.
Mayor Stewart: They took care of that laying on the ground and
there was a lot of it.
Robert L. Valentine W1: I thought maybe it was garbage instead of
recycling.
Ruth Detrow: It was a good day to start spring-cleaning
too. That is all I have.
Ward 4/President: Paul Wertz
(a) No report.
Old Business:
Robert L. Valentine W1:
(a) I don’t know if it is Old Business but I
was going to talk about trash pick-up but you had answered that Jerry.
(b) Morgan Ave., I appreciate the signs that every
one posted. You can’t miss it and I think that is very good
because if we forget you can see all those signs everywhere you
go. A lot of people are using Samaritan. I appreciate what
you did and I think that was plenty of notice for the people of Ashland
to see. It is like everything else, we are creatures of habit,
and I don’t think we realized how much Morgan was used. It is
just busy all the time.
Larry Paxton: Thank you. I would like to thank Mr. Mack and
his department for putting most of the signs out there.
Robert M. Valentine W2: Larry did the pretty maps.
New Business:
Jerry Mack: We had a Cobrahead light in C-Lot go bad and it took all
the electric and everything out of it. We got everything fixed up
but I had an offer from a company to try an LED light and we did stick
one up. The Cobrahead is fixable but they had a 60 day offer for
this LED light and if you get an opportunity go down to C-Lot and there
is a Cobrahead on this side and a new LAD and see what you think of
it. Those are 250-WATT lights and that light pulls, I believe it
is 107 WATTS. So it is about a 60% savings. The light is
white light rather than yellow. It is not as bright on the ground
but it seems to illuminate out a little bit more. But if you get
an opportunity, C-Lot is down between 2nd and 3rd right off of Union
Street, but it is so nice because there is a Cobrahead on one side and
LED on the other. We have a 60-day free trial on it.
Robert M. Valentine W2: Nothing is free Jerry, nothing is free.
Jerry Mack: It is just something to look at. LED ‘s
are kind of the wave of the future and it is quite a cost saver.
We use a lot of them in traffic lights. Just take a look.
Anna Musson: To the citizens of Ashland Ohio, I would like
to give recognition. The City of Ashland has received its first
ever Certificate of Achievement of Excellence of Financial Reporting
from the National Association from the Government Finance Officers
Association out of Chicago Illinois. When I first came to
the City of Ashland in November 2001, when Nancy Boyd hired me,
basically to be Assistant, it could be an impossible task. From a
lot of training and conferences and hard work and dedications from the
Employees of the Finance Staff, we took this task head on in 2006 and
also with the assistance of Ashland University and their interns, we
have now accomplished in the most prestigious award in the United
States. And on another note, I want to let the citizens of
Ashland know that it has been a great honor and a privilege to serve
you. Thank you.
Mayor Stewart: Thank you Anna, I appreciate that very much.
That is a very distinguished honor as I understand it.
Mayors Comments:
(a) I feel it appropriate that to read the Letter of
Resignation that I and all of you and the Law Director received for
Mrs. Musson. It is addressed to the honorable citizens of Ashland
Ohio, 206 Claremont Avenue, Ashland, Ohio 44805. RE: Resignation
of Anna M. Musson, effective at the completion of the 2008 Annual
Audit, approximate date of June 1, 2009. It is with complete
regret that I must inform you that I am officially tendering my
resignation as the elected Finance Director and Public Record for the
City of Ashland Ohio. My Resignation is effective upon the
completion of the 2008 annual audit and its submission to the State of
Ohio, Auditor’s office, anticipated date is June 1, 2009. I
have been deeply honored to be a Public servant of the City of Ashland
since November of 2001. I would like to recognize Mrs. Nancy Boyd
for I will always treasure the opportunity she provided for me at the
City of Ashland. I have truly enjoyed serving the citizens of
Ashland. If I can be of any assistance during this transition, I
will make myself available. Respectfully Anna Marie Musson,
Finance Director. Written below that and I have copied it.
The above resignation has been received and accepted by the Mayor Glen
Stewart, March 16, 2009 and witnessed by the Stephen L. Stuart,
same date. I felt it appropriate to read that and whatever action
Council may choose to take, so be it.
Move to accept the Resignation of Anna Musson by Robert L. Valentine
W1, seconded by Ruth Detrow.
Ayes: Stephen Stuart, Robert L Valentine W1, Robert
M. Valentine W2, Ruth Detrow, Paul Wertz
Mayor Stewart: After we get through and prior to adjournment, I
have another statement to make.
Comments of questions from the Audience: Items that are not included on
the Agenda.
Mary Pheneger, Family Pools and Spas: This question is in regard
to the Ordinance that was adopted on 11/18/2008. Ordinance number
68-08. We have had correspondence with the Law Director and some
questions. We were not involved in any of the Council meetings that
were involved 6/18/ and 9/25/2008. We are familiar with
Ordinances on fencing requirements because of having a store in Wooster
involving Wayne County, Richland County. So we are familiar
with dealing with fencing regulations. Though we feel there is
some questions and maybe some definitions in the Ordinance that have
been adopted unbeknownst to us. We heard about it on the radio.
Paul Wertz: Rick is not available tonight. He is out of
town. But he said this basically is the same thing Wooster has.
Mary Pheneger: He said also to us that it involved in ground
pools only. I have a list of some questions regarding each of the
sections which I can leave with you and you can look over them and them
get them back to us.
Stephen Stuart: Yes it is in ground.
Mary Pheneger: The first section says wading pools and the
interpretation of that to us would be an above ground pool. And
we just need to know that for future sales, obviously in an economy
where we have to have customers know.
Paul Wertz: The key to it is three feet. If you read into
it. If they are three feet deep or more, then they have to have
fences.
Mary Pheneger: The deep as in going from ground level down or are
you talking about up?
Robert M. Valentine W2: The water itself.
Paul Wertz: The depth of the water itself.
Mary Pheneger: So somebody who buys an above ground pool from us,
I need to tell them they need to have a fence around their pools?
Stephen Stuart: No. It is for in ground swimming pools.
Mary Pheneger: But the word “Wading Pool” is a
misrepresentation because that would be an above ground.
Robert M. Valentine W2: You are reading something else into it.
Paul Wertz: Section A.
Roger Gordon: It is pretty specific as to the fact that it is in
ground. I have had the same conversation with Rick and he
re-confirmed that me that it is in ground. Wading pool actually
could be an in ground.
Stephen Stuart: If the Wading Pool were capable; if it were in
ground and capable of containing three feet or more of water depth.
Mary Pheneger: We just needed to be sure obviously when we are
having customers coming wanting to buy a pool.
Roger Gordon: I would be glad to take their questions and enter
into a conversation with Rick.
Paul Wertz: If the words need changed we can change it.
Mary Pheneger: There are other things that we have involving
other safety. I brought a brochure on to show consideration;
Richland County accepts that as safe protection for pool and fence;
Wayne County does not. There are just some different things that
we were wanting to be clarified by people coming again to us looking
for a pool.
Paul Wertz: The best thing would be to give the questions to
Roger and let him show Rick.
Mary Pheneger: That would be fine. Because Rick, in his
comments said Council made the decisions being that we weren’t
involved we just want to make sure we are in interpretation correctly.
Paul Wertz: The main thing is safety. The reason we passed it was
for safety.
Steve Uhler: What about the May 1st deadline? Here we are
end of March and this is not resolved at this point.
Stephen Stuart: Well it is resolved.
Paul Wertz: It is an Ordinance.
Ruth Detrow: It is just the understanding by you
Steve Uhler: A three foot vessel of water, what about fishponds
in the back yard? If a fishpond is three-foot deep holding water,
does that fall into the same classification?
Paul Wertz: Swimming Pool, fences. That is the category.
Steve Uhler: Wooster and Wayne County both have fencing
ordinances. Medina has fencing Ordinances. They all have
countywide zoning and building permits that we have to take permits out
to put a pool in those areas. Is the City of Ashland going to
make a permit that we have to have to put a pool in so they can track
these installations and so forth? Or how is this going to be
enforced?
Mayor Stewart: Roger, does a pool require a building permit?
Roger Gordon: No. Rick and I discussed that and that was
one of the things that they didn’t want to include in this
Ordinance and I actually have checked with some of the surrounding
areas, some of them do. Norwalk goes so far as they require three
permits for just a pool. That was not the intent of this
Ordinance. The intent was the fencing was the safety issue and that is
really what Council is looking for.
Steve Uhler: Well Montgomery Township requires a Building permit.
Robert M. Valentine W2: We are not trying to up the cost of
stuff.
Steve Uhler: Well, you know you say it is a safety issue, but I
checked with Samaritan; they have had one drowning in 2005, going back
ten years. I talked with Chief Burgess, and the Chief told me he
went back ten years and they have not had a squad run for either a
drowning or near drowning or even a diving board or slide incident
inside the city.
Paul Wertz: But would you feel comfortable with a swimming pool
in your backyard with no fence around it?
Mary Pheneger: We take a stand for a fence. We don’t
have a problem with a fence. We feel there are some specifics
that need to be worked out regarding it. We are celebrating our
34th anniversary this season. We are not opposed to a fencing Ordinance
by any means. There are just certain things in it that we just
need to be sure.
Paul Wertz: The best thing to do is to give the questions that
you have to Roger and if he cannot answer them, have Rick and him get
together and back with us.
Robert M. Valentine W2: On the fence deal, Steve, facts are
facts; if one person drowns, it is too many. I have
granddaughters running around.
Steve Uhler: So teaching the kids too.
Stephen Stuart: Sure, and you would recommend to someone who you
would sell a pool to, an in ground pool.
Steve Uhler: But the other question is on the fence; does the
entire backyard have to be fenced in? Or does the fence have to be on
four sides of the pool to limit access from higher pool if you are
using one side of the house for a barricade to the pool, it is not
stipulated in this Ordinance. Does it have to have a fence around
four sides of the pool limiting total access or is the house as a
barricade enough?
Robert M. Valentine W2: Yes, I would say the house is a barricade.
Roger Gordon: I think Rick will address that. It needs,
your entry to the house itself is a total entry, so if a guest or
someone invited to the house, the potential is not to disallow them
entry to the pool. So if the homeowner feels that is an adequate
situation, then where Rick stands, that is accurate. If you guys
have the time and Council doesn’t mind I will just entertain
these people and we will have a discussion.
Comments or questions?
Mayor Stewart: I am going to request that the Council Adjourn to
an Executive Session to consider the employment and/or dismissal of a
Public Employee.
Move to Executive Session by Robert L. Valentine, seconded by Robert M.
Valentine W2
Ayes: Stephen Stuart, Robert L. Valentine W1,
Robert M. Valentine W2, Ruth Detrow, Paul Wertz.
There will be no action taken.
Adjourned to Executive Session at 7:50 p.m.
Move to return to Regular Session by Ruth Detrow, seconded by Robert M.
Valentine W2.
Ayes: Stephen Stuart, Robert L. Valentine W1, Robert
M. Valentine W2, Ruth Detrow, Paul Wertz.
Motion to adjourn meeting by Paul Wertz, moved 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.
ADJOURNMENT AT 9:00 P.M.
Submitted by
Valarie
Bishoff
Clerk of
Council