RS06-02-2009

Ashland City Council

MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, June 2, 2009

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

ROLL CALL
Ward 2:   Robert M. Valentine   Present
Ward 3:   Ruth Detrow       Present
Ward 4/President Paul Wertz       Present
   At-large:     Stephen L. Stuart   Present
            Ward 1:   Robert L. Valentine   Excused

Motion to move to excuse Robert L. Valentine W1 by Paul Wertz, seconded by Stephen Stuart.
    Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart

PLEDGE OF ALLEGIANCE

PRESENTATION OF MINUTES
(a) Regular Session 5/19/09
(b) Special Session 5/22/09

No Corrections or Comments

Motion to accept the Minutes of Regular Session 5/19/09 and Special Session 5/22/09 by Robert M. Valentine W2, seconded by Stephen Stuart.
    Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart

LEGISLATION

   Ordinances

Ord.
Item (a)   AN ORDINANCE UPDATING THE PROVISIONS FOR FLOOD DAMAGE REDUCTION WITHIN
                THE CITY OF ASHLAND, RE-ENACTING CHAPTER 1333 OF THE CODIFIED ORDINANCES
                OF THE CITY OF ASHLAND; REPEALING THE EXISTING CHAPTER 1333; AND DECLARING
                AN EMERGENCY.

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

Richard P. Wolfe, Law Director: This is a matter and Mr. Paxton can correct me if I misspeak on this; but this is a matter that Roger Gordon has been working on for some time. It relates to the City’s ability or the people who live within the city to obtain flood insurance and if more or less, gotten the directive from Ohio Department of Natural Resources that the existing Ordinance needs to be changed or updated based on changes in their ways of doing things. This needs to be effective by August 18, 2009. I have provided it to you and it is about 25 pages long so; I got it just last week and so you probably haven’t had a chance to review it.   But in order to get it on track and move toward a resolution of this; I would suggest you entertain it on the first reading and then put it on the agenda for the next meeting. You could ask Roger Gordon to be here and he can explain what is different about or why it is being presented because he has been in touch with ODNR. Does that pretty well cover it Larry?

Larry Paxton: Yes sir.

Richard P. Wolfe II: And that would also give Robert L. Valentine W1 a chance to get back here and be able to be involved with it also.

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

Paul Wertz, President of Council: It will be put back on the Agenda in two weeks from now.

Stephen Stuart, At-Large Councilman: I have an Ordinance to submit to you for consideration.

Ord. 42-09
Item (b) AN ORDINANCE DECLARING THE OFFICE OF DIRECTOR OF FINANCE TO BE VACANT;
              AUTHORIZING THE MAYOR TO PERFORM ALL ACTS AND DUTIES OF THE POSITION
              OF DIRECTOR OF FINANCE; AUTHORIZING AND DIRECTING THE MAYOR TO APPOINT
              AN ACTING DIRECTOR OF THE FINANCE DIVISION TO PERFORM ALL FUNCTIONS
              NECESSARY TO CARRY OUT THE DUTIES OF THE OFFICE OF DIRECTOR OF FINANCE,
              SUBJECT TO THE MAYOR’S SUPERVISION; AND DECLARING AN EMERGENCY.

Stephen Stuart read the entire Ordinance.

Questions or discussion?

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

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

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

       Resolutions:

Res. No. 10-09
Item (a)   A RESOLUTION AUTHORIZING THE FILING OF A FOUR YEAR CAPITAL AND OPERAT-
                 ING PLAN WITH THE OHIO DEPARTMENT OF TRANSPORTATION COVERING THE
                 PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2013, SAID PLAN IS TO BE USED
                 AS A PLANNING DOCUMENT TO PREPARE FEDERAL, STATE AND LOCAL FUNDING
                 ESTIMATES FOR CAPITAL, AND OPERATING PROJECTS IN WHICH THE OHIO DE-
                 PARTMENT OF TRANSPORTATION MAY PREPARE A PROGRAM OF PROJECTS TO AP-
                 PLY FOR SECTION 5311 FUNDING TO THE FEDERAL TRANSIT ADMINISTRATION.

Moved for non-reading in full by Paul Wertz, seconded by Robert M. Valentine W2 to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
     Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.

Ellie Grubb: This is a Resolution that we are requesting that you consider. It has to do obviously with our Ashland Public Transit program and as the administrator of that Grant it is necessary for me to prepare your Capital and operating plan. I do this with the assistance of past records, past budgets; but I also work with the manager for our Service Provider and this is actually due to the State ASAP. I have prepared the Operating Capital plan which includes the purchase of the new vehicles, the fleet up to 2013. So it is obviously an estimate. The capital part, they have their own criteria, two specific things when it comes to purchasing a vehicle is $120,00 miles in five years. If I see where I think there are extenuating circumstances that might require replacing a vehicle before then, for instance, this evening I was looking at all of that and one of our vehicles that is not one of our older ones has over 5,000 dollars worth of repairs in one year; so that is definitely something to take into consideration and that one would be probably requested to be replaced before the five years. It doesn’t look like it is going to make it that far.

Questions or discussion?

Move Robert M. Valentine W2, seconded by Ruth Detrow, pass the Resolution on the first reading.
     Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.

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

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

Res. No. 11-09
Item   (b)   A RESOLUTION AUTHORIZING THE SUBMITTAL OF PROPOSALS WITH THE OHIO
                  DEPARTMENT OF TRANSPORTATION FOR GRANTS THROUGH THE US DOT FED-
                  ERAL TRANSIT ADMINISTRATION (FTA), AS AUTHORIZED UNDER THE AMERICAN
                  RECOVERY & REINVESTMENT ACT OF 2009 AND THE FEDERAL TRANSIT LAWS AS
                 CODIFIED 49 USC SECTION 5311, FINANCIAL ASSISTANCE FOR OTHER THAN UR-
                 BANIZED AREAS AND EXECUTING A CONTRACT WITH THE OHIO DEPARTMENT OF
                 TRANSPORTATION.

Moved for non-reading in full by Robert M. Valentine W2, seconded by Paul Wertz to invoke Section 113.01 of the Codified Ordinances as the distribution of this Resolution has satisfied the requirements of said Section and that a further reading be dispensed with at this time.
     Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.

Ellie Grubb: The American Recovery and Investment Act is actually the stimulus dollars that we are all hearing about in Transit. Transit has received two packages. One is $39,000 dollars for capitalized maintenance for our fleet and fortunately that is 100% of what our maintenance usually is. The stimulus dollars would cover all of our maintenance on the vehicles this year. The other package is $1200 dollars for computer hardware, not software. And then the other is for a free vehicle which I think I have mentioned to you before. But the reason for the Resolution is federal dollars; stimulus dollars are coming through State agencies that are being held accountable for how the money is spent. One of the ways that ODOT is doing that is we have to enter a contract. The city of Ashland has to enter into a contract. Every time I spend any of this money, these three different things, actually only two, because the one is free; I have to have contracted the State of Ohio that the Mayor would sign so I am asking that you approve that.

Questions or discussion?

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

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

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

WARD REPORTS:

At-Large:              Stephen Stuart
    No Report

Ward 2:       Robert M. Valentine
(a)   Last week we had that really bad rain and I think I gave a couple of people Mr. Hunter’s number, hopefully they called you. When I called the guy, it was the night of the rain. It was Mrs. Spore.

Mike Hunter: Yes, we did talk with her. I spoke with her this morning actually but we were out the night that she called.

          Robert M. Valentine, cont’d. -   Right, I knew you guys were having problems because I even had water in my basement and I never get water in my basement. She had called and then Mr. Bettwell called.

Mike Hunter: That does not ring a bell, but I did speak to Mrs. Spore.

         Robert M. Valentine, Cont’d – Well I did give him your number and I told him to get a hold of you.

Ward 4/President       Paul Wertz
(a)   I had 4 calls with high grass reports. I drove by before I came in, and one was taken care of. So at 214 Pleasant Street needs to be mowed and 801 Cleveland Avenue and 433 Cleveland Avenue.

Ward 3:       Ruth Detrow
(a)   I do have one to add to that. That is the Siler field. That is overgrown. The thing I was puzzling about was I know we signed an agreement with the Historic Group and I don’t know if maintenance was a part of that or not.

Richard P. Wolfe II: I don’t think it was. They are wanting to restore and work on the house.

Ruth Detrow: I was thinking they wanted to end up with a working farm.

Richard P. Wolfe II: Well eventually.

Ruth Detrow: I didn’t know if that was our responsibility or if it is there’s.

Richard P. Wolfe II: I think it is ours. We will check. What was the one you had Paul?

Paul Wertz: 214 Pleasant Street.

OLD BUSINESS: None.

NEW BUSINESS:
(a)   Sidewalk Waiver Request: Calvin Keefer, 164 Sunset, Ashland, Ohio 44805 (tabled from 5/19/09 Regular Session Meeting).

Paul Wertz: Council agreed to this, we talked about this before. I will read the motion.

    I move to Grant this corner sidewalk located at 164 Sunset Drive, two sidewalk waivers by Paul Wertz,
(a)   The first sidewalk waiver will be for the East side of the property and that no sidewalk be required to be installed until at such time as the city amends its master plan and requires sidewalks and installation in the Glenwood Heights subdivision addition.
(b)   The second waiver will be for the southside of the property in that no sidewalk will be required to be installed until such time as the City amends its master plan and widens the area of the Glenwood Heights subdivision addition Southview Drive and a curb with a 50 lineal feet to 70 lineal feet. Both waivers shall be continued until such time the City’s master plan is amended.

Seconded by Ruth Detrow.
    Ayes: Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.

Mayors Comments:

Paul Wertz: Ellie, is there anything under the Mayor’s comments?

Cherie Helterbridle: I am asking to introduce the new City Engineer today.

Before I introduce City Council members to you Shane, I would like to share a few things with you folks about Shane. He is a graduate of Akron University with a degree in Civil Engineering and has worked for the past 8 years as a Civil Engineer. And I am going to give you just to mention 3 projects that I was impressed with, to give you a sense of the kind of variety of things that he has done. He was a project engineer for the building of 50 Key Bank branches across the United States including one in Alaska, is that right?

Shane Kremser: Yes.

Cherie Helterbridle: He also served as the project manager for a $30 million dollar project for National City Banks who worked extensively with the City Councils and Zoning commissions and he serves as the Engineer who traveled to the 30 communities, chose the sites for the new banks and worked with communities to make the projects happen. Most recently Shane has served has the project manager for capital improvements in the city of Strongsville. When I talked to one of their city officials who shared with me that Shane gets the credit for successfully, for their success in an MPDS drainage project.

Shane Kremser: That is the EPA standards.

Cherie Helterbridle: Oh cool, good. And he also said that Shane had personally invested many hours in getting a foundation for their GIS system which the city could not afford to purchase but that he got it off the ground for them. I thought it was interesting, I called three different communities and talked with three different references and each of them at some point in the conversation said that they really were sorry to lose Shane that they had appreciated him and had many good things to say about him. I know that speaking for the division directors, we are all looking forward to working with you. I am sure City Council is. And I personally find it refreshing that he looks at our community with new eyes. We were talking when we first came in, we said we seem to think that we were in the future, he can see into the future. He knows we are not quite there yet so. That’s cool.   So I would like to introduce you. This is Rick Wolfe, our Law Director, Paul Wertz 4th ward, Ruth Detrow 3rd ward, Bob Valentine W2; Bob Valentine W1 is not here, Dr. Steve Stuart who is Council at-large.

Shane Kremser: Excellent. I am very proud to join the community.

Robert M. Valentine W2: Where do you live? Who is your Councilman?

Shane Kremser: I actually don’t live in Ashland yet. I live in Brunswick.   So, glad to be here and if you need anything from me; I am always available.

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

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

Meeting adjourned at 7:20 p.m.                   Submitted by
                                       Valarie Bishoff
                                       Clerk of Council