Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, September 15, 2009
Council President Paul Wertz called the meeting to order at 7:00 p.m.
ROLL CALL
Ward 1:
Robert L. Valentine Present
Ward 2:
Robert M. Valentine Present
Ward 3:
Ruth Detrow Present
Ward 4:/President:Paul Wertz Present
At-large: Stephen
Stuart Present
PLEDGE OF ALLEGIANCE
PRESENTATION OF MINUTES: Regular Session 9/1/09
No corrections
Motion to accept the minutes from 9/1/09 by Paul Wertz, moved by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Robert M. Valentine, Ruth Detrow, Paul Wertz, Stephen Stuart.
Legislation:
Ordinances:
Ord. No. # 69-09
Item (a) AN ORDINANCE CREATING ADDITIONAL APPROPRIATIONS AND TRANSFERS FOR THE FOL-
LOWING HEREINAFTER NAMED FUNDS FOR THE YEAR 2009 AND DECLARING THIS
LEGIS-
LATION TO BE AN EMERGENCY MEASURE NECESSARY TO MEET THE FINANCIAL NEEDS
OF
THE CITY OF ASHLAND, OHIO.
Move
for non-reading in full by Stephen Stuart, seconded by Ruth Detrow to
invoke Section 113.01 of the Codified Ordinances as the distribution of
this Ordinance has satisfied the requirements of said Section and that
a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
William
E. Strine: The first item on that Ordinance is additional
appropriations in the amount $200,000 that we anticipate receiving from
Neighborhood Stabilization Program Grant and that was not included in
the original appropriations and then transfer appropriations within a
fund in Fund 255 Municipal Court Special Project Fund and they are
switching from Other to Personal Service setting up accounts so that
they can pay an employee out of that fund; that is by Order of the
Court.
Comments or discussion?
Move the
Ordinance be passed on the first reading by Robert M. Valentine W2,
seconded by Robert L. Valentine W1 to invoke Section 113.01 of the
Codified Ordinances as the distribution of this Ordinance has satisfied
the requirements of said Section and that a further reading be
dispensed with at this time.
Ayes Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, 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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Ordinance be passed by Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Ord. No.# 70-09
Item (b) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO ENTER INTO AN AGREE-
MENT FOR THE PURCHASE OF ONE MODIFIED VAN FOR ASHLAND PUBLIC TRANSIT,
OBVI-
ATING FORMAL ADVERTISING AND BIDDING; AND DECLARING AN EMERGENCY.
Move
for non-reading in full by Ruth Detrow, seconded by Robert L. Valentine
W1 to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Ordinance has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Ellie
Grubb: This Ordinance is necessary to replace the 2003 Sedan and
has 139,000 miles on it and we are replacing it with a Modified Van.
Robert L. Valentine W1: We don’t get anything for it; or are we using it?
Ellie Grubb: We own it. It will probably go into the auction; the City owns it.
Robert L. Valentine W1: It just says “Trade-In, None”; I was just curious. Thank you.
Questions or discussion?
Move
the Ordinance be passed on the first reading by Robert L. Valentine W1,
seconded by Robert M. Valentine W2 to invoke Section 113.01 of the
Codified Ordinances as the distribution of this Ordinance has satisfied
the requirements of said Section and that a further reading be
dispensed with at this time.
Ayes Robert L. Valentine W1, 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 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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Ordinance be passed by Ruth Detrow, seconded by Stephen Stuart.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Ord. No. # 71-09
Item (c) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SER-
VICE, TO ENTER INTO A MODIFICATION OF THE FORD ROAD SANITARY SEWER LINE
PRO-
JECT-PHASE I-SIMONSON CONSTRUCTION SERVICES, INC. CONTRACT AUTHORIZED
BY OR-
DINANCE NO. 28-09, AND DECLARING AN EMERGENCY.
Move for
non-reading in full by Robert M. Valentine W2, seconded by Robert L.
Valentine W1 to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Ordinance has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Shane
Kremser, City Engineer: This is a request for materials
substitution where we would substitute PVC pipe to a High Density,
Polyethylene pipe; the reason being get better surge protection; more
flexible material and no joints, which would eliminate the need for any
mechanical connection. It would be pressure rated pipe, installed
just like the Gas service where they actually fuse the pipe together;
one length of continuous pipe. It eliminates all the joints,
which typically I think is a good way that we should probably do some
of these. You get a longer service life out of it. The
Manufacturer says anywhere from 50-75 years. That is what I was
requesting.
Stephen Stuart: Why wasn’t that pipe spected in the first place?
Shane
Kremser: I wasn’t here at that time. The injured estimate
was $76,000.00 that was approved by Council and the bids came in at
$36,143.00 for this contract.
Mayor Stewart: This isn’t a typical sewer; It is pressure. It filters up to a lift station.
Ruth
Detrow: Just because I am curious. I think I know what it
is. A twelve-gauge tracer wire is something that is imbedded in
it so that you can find it again.
Shane Kremser:
Yes. There are no manuals unfortunately. You are fusing the
pipe together and eliminating all those joints. Flexible material
and pressurized. Flexible material is more resistant to
surges. I think it is a better material and we can use that in
future force mains.
Questions or discussion?
Move
the Ordinance be passed on the first reading 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 Robert L. Valentine W1, 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 to invoke Section 113.01 of the Codified
Ordinances as the distribution of this Ordinance has satisfied the
requirements of said Section and that a further reading be dispensed
with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Ordinance be passed by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Ord. No. # 72-09
Item (d) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC SER
VICE, TO ADVERTISE FOR BIDS AND ENTER INTO A CONTRACT FOR THE
DEMOLITION OF
CERTAIN STRUCTURES IN THE CITY OF ASHLAND, OHIO IN COORDINATION WITH
THE OHIO
DEPARTMENT OF DEVELOPMENT NEIGHBORHOOD STABILIZATION PROGRAM (NSP); AND
DECLARING AN EMERGENCY.
Move
for non-reading in full by Ruth Detrow, seconded by Robert L. Valentine
W1 to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Ordinance has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Larry
Paxton: This is part of the Federal Stimulus money that the
Federal Government started last year. Mr. Cooper and Mrs. Grubb
met with Ohio Regional Development and following Mr. Cooper’s death; we
completed the application for it. It allows for $80,000 dollars
to be spent on rehabbing and home buyer assistance for two homes in our
area as well as; I think we applied for six or seven demolitions of
vacated homes within our community. We have this Ordinance tonight to
allow the Mayor to go out for bids; we need a contractor for demolition
of homes. We have a provided a list of the homes on exhibit A of
this legislation. We have not received all of the agreements back
from the property owners. We have been working with them for
about the last two months trying to get some of that done.
The budget for this is $93,000.00 dollars. It will demo the
house; it cuts all of the utilities off. Dirt has to be brought
back in, grass seed planted and it has to become a green space at this
point. This legislation will allow the property owners to
continue to own the property. It is just an effort to alleviate
blighted houses in our community.
Paul Wertz: What
happens if one of these; if you go through and check on the houses and
they have a second mortgage and it is vacant?
Larry
Paxton: All of these houses will require a Title search which is
being written into the bid specs that they have to be performed so that
you don’t accidentally tear someone’s house down and they have a
mortgage on it.
Paul Wertz: If that happens; are there other houses you can add to this list?
Larry Paxton: If we do; we will be coming back to council for additional authorization for that, yes.
Robert L. Valentine W1: This is the stimulus package for when?
Larry
Paxton: It is the first stimulus package passed after the
beginning of the new year. It is part of the Neighborhood
Stabilization Program.
Ruth Detrow: Okay, so when
these houses are torn down, then there has to be created a green space?
Or is there a list of things that can be happening to them?
Larry
Paxton: The requirement of the program is the dirt has to be
hauled in, grass planted over where the house stood. Foundation
has to be broken to allow water to seep back down into the ground and
all the utilities have to be disconnected and capped off. Electric,
water, sewer and everything has to be taken off.
Ruth
Detrow: So is this then a permanent thing or can the people; what
we are saying is that the city through a contractor is going to perform
this service for someone who hasn’t kept the house up?
Larry Paxton: That is correct.
Ruth Detrow: Okay. And then we give it back to them as a green space?
Larry Paxton: The property owner continues to own the property. They never lose possession of it.
Ruth Detrow: They continue to own this; only it is now a green space instead of a house that is in bad shape?
Larry Paxton: That is correct.
Stephen Stuart: Now do they have rights to do anything with that property in the future?
Larry
Paxton: It is my understanding they would, yes. They could
sell the property. They could build another house on it, which
would require additional permitting and things like that; but the
property owner owns the property.
Ellie Grubb: They can donate it to a nonprofit.
Larry Paxton: Yes, Habitat for Humanity; they could donate it to that. It could become a park.
Robert
M. Valentine W2: The only problem I have is; there is a theme
here when you look at the first five. All right, you understand what I
am saying. And the other thing I am saying is; we are tearing it
down for him; we are putting grass there for him; and he is not going
to maintain the grass because look at this house, it has three foot of
grass. So what I am saying is; there has got to be some
stipulation here.
Mayor Stewart: This is all Federal
Government guideline guys. We have an opportunity to improve the
initial appearance of the corridors and I consider Cottage Street and
Cleveland Avenue and somewhat of corridors. Cottage Street for
sure. And I think, if I am not mistaken the three on Cleveland
Avenue; can they be rebuilt on?
Larry Paxton: I do not
believe that the properties on Cleveland Avenue can be rebuilt upon
because they are in a Flood Plain.
Ellie Grubb: If
I may; this owner has to do something with that property within a
certain time line. That is in those Guidelines. He
cannot just forever let the grass grow.
Larry Paxton: He has to maintain it.
Robert M. Valentine W2: Well he has forever let it go up to now.
Stephen
Stuart: Can we as Council authorize this and exclude one or more
of those that are on the exhibit from the authorization?
Larry
Paxton: Certainly. Mr. Wolfe may be able to direct you
better. You can choose to demo any of those properties or none of
them but it is up to you folks to decide. The properties on
Ashland Avenue and Cleveland or College. We have received the
voluntary demolition paperwork for these houses. Still have to go
through a review by the Ohio Regional Development Corporation to make
sure that they qualify as well as waiver of Historical review of the
properties.
Ellie Grubb: We do have a deadline. This is all supposed to be accomplished by September 30th, 2009.
Mayor Stewart: Not the tear down; the submissions.
Ellis Grubb: No you have to have committed projects.
Mayor Stewart: But not torn down?
Ellie Grubb: No.
Robert L. Valentine W1: As far as property is concerned, the only thing you have to pay taxes on, would be the land?
Larry Paxton: Right.
Ruth
Detrow: I have heard from one property owner who is next door to
one of the properties and believes, although I don’t know what the
basis of the belief is but there is going to be a parking lot for a
church put on there which they really don’t want to see happen.
Can that happen?
Larry Paxton: Yes they probably could.
Paul Wertz: If they come back to Council and ask for a special permit.
Larry
Paxton: They have to come back, I believe, for a storm water
permit and there are other requirements in order to install a parking
lot there yes. But at this point, this program demos the property
and hauls dirt in and plants grass seed. The idea is to either
rehab a neighborhood or to demo properties that are in disrepair.
Richard
P. Wolfe II: In that instance that you are referring to. If
the property was donated to the church, then the church could do with
it whatever is permissible for a church to do.
Robert L. Valentine W1: Otherwise zoning doesn’t affect Historic parking lots?
Richard
P. Wolfe II: That would be a permitted
use.
Stephen Stuart: On that particular property on
College Avenue. I have got to believe that other homes in Ashland have
greater need of demolition than that one.
Larry
Paxton: I have only looked at the outside of the
home. I have not had the opportunity to look on the inside.
I have seen some pictures of the property and there is some blight of
the foundation of the house. It is made of field rock and cement
and is beginning to fall in. The house still has to qualify.
Ellie Grubb: One of the qualifications would be that it has to be vacant for 6 months.
Robert M. Valentine W2: Well that one on College, somebody still lives in half of it.
Larry Paxton: The tenant that lives on one side of the house has moved or is in the process.
Richard P. Wolfe II: Aren’t we depending on how the bids come in as how many can be demos?
Larry
Paxton: Yes. We did query a contractor, a local
contractor, about that and one of the properties, the property on
Cottage, the estimate was around $12,000 to demo the property.
Ruth
Detrow: I think with one possible exception, it seems as though
the property owner ought to demolish the property. But I know
this property owner won’t. And it is difficult; our community
deserves better than the look of those properties and I agree that they
should come down. I am a little concerned about the one on
College Avenue because I think some other property could be better
demolished with this program.
Larry Paxton: Might I
suggest then that you agree to the demolition of the properties
excluding the property on College Avenue allowing us to do a little
more investigation of that to make sure it does qualify and then if we
do have any additional round of structures to be demoed why then we can
come back to you with a report.
Paul Wertz: Does that sound all right with every body? Just to take off College Avenue?
All Ayes:
Paul Wertz: Do we have to amend that then Rick?
Richard
P. Wolfe II: I would suggest since that is an Exhibit to the
Ordinance that you move to delete the last item on the Exhibit A.
Motion
to delete the last item on Exhibit A (College Avenue) by Paul Wertz,
moved by Stephen Stuart, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Questions or discussion?
Move
the Ordinance be passed on the first reading by Robert M. Valentine W2,
seconded by Robert L. Valentine W1 to invoke Section 113.01 of the
Codified Ordinances as the distribution of this Ordinance has satisfied
the requirements of said Section and that a further reading be
dispensed with at this time.
Ayes Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, by Ruth
Detrow, seconded by Paul Wertz to invoke Section 113.01 of the Codified
Ordinances as the distribution of this Ordinance has satisfied the
requirements of said Section and that a further reading be dispensed
with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Ordinance be passed by Ruth Detrow, seconded by Stephen Stuart.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Item (e) FISCAL OFFICER’S CERTIFICATE
William
Strine: I think all Council members have a copy of the Fiscal
Officer’s Certificate. I certify to you that the information on
that is accurate and coming forth to be approved by you for the
following Ordinance.
Robert L. Valentine W1: It is just a continuation?
William Strine: Right.
Paul Wertz: We have to okay that, don’t we Rick?
Richard P. Wolfe II: Move to accept it.
Motion
to accept the Fiscal Officer’s Certificate by Paul Wertz, moved by
Robert M. Valentine W2, seconded by Robert L. Valentine W1:
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Ord. No. # 73-09
Item (f) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $7,700,000 NOTES, IN ANTICI-
PATION OF THE ISSUANCE OF BONDS FOR THE PURPOSE OF PAYING COSTS OF
(1)IMPROVING THE MUNICIPAL PARK AND RECREATION SYSTEM BY CONSTRUCTING
AND
EQUIPPING SOCCER FIELDS, (II) ACQUIRING AND EQUIPPING TWO FIRE ENGINES
AND A
RESCUE TRUCK, EACH TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTE-
NANCES THERETO, (III)IMPROVING THE SANITARY SEWER SYSTEM BY
CONSTRUCTING AN
EQUALIZATOIN BASIN AT THE WASTEWATER TREATMENT PLANT, TOGETHER WITH ALL
NECESSARY EQUIPMENT AND APPURTENANCES THERETO, (IV)IMPROVING THE
MUNICIPAL
WATER SYSTEM BY ACQUIRING REAL PROPERTY AND INTERESTS THEREIN FOR
MUNICI-
PAL WATER SYSTEM PURPOSES, (V)IMPROVING THE SANITARY SEWER SYSTEM BY IN-
STALLING A BACK-UP GENERATOR AT THE EQUALIZATION BASIN REPLACING A
PORTION
OF THE SEWER LINE ON U.S. ROUTE 250 CONSTRUCTING, IMPROVING AND
INSTALLING
SEWER LINES AND REPLACING THE JAMISON CREEK LIFT STATION AND (VI)
ACQUIRING A
PUMPER-TANKER TRUCK, TOGETHER WITH ALL NECESSARY EQUIPMENT AND APPURTE-
NANCES THERETO, AND DECLARING AN EMERGENCY.
Move for non-reading
in full by Ruth Detrow, seconded by Robert L. Valentine W1 to invoke
Section 113.01 of the Codified Ordinances as the distribution of this
Ordinance has satisfied the requirements of said Section and that a
further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
William
E. Strine: This note has been outstanding for two years.
The Note we renewed last year was for $8,863,000.00 dollars. We
are paying down $1,363.000.00 which makes it 7.5 million and we are
rolling in a NOTE that you issued at the beginning of the year for the
pumper truck in the amount of $200,000.00 dollars which makes the total
$7,700,000.00 dollars that will be renewed.
Questions or discussion? Anybody from the Audience?
Move
the Ordinance be passed on the first reading by Robert L. Valentine W1,
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 Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, 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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Ordinance be passed by Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Resolutions:
Res. No.# 17-09
Item (a) A RESOLUTION DECLARING COUNCIL’S INTENTION TO VACATE A CERTAIN ALLEY LO-
CATED IN THE CITY OF ASHLAND, OHIO. (W. 10TH).
Move 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart
Paul
Wertz: This is just to set a Public Hearing. 30 days, at
least 30 days from today. October 20, 2009 at 7:10 p.m.
Move
the Resolution be passed on the first reading by Stephen Stuart,
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: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, by Ruth
Detrow, seconded by Robert L. Valentine W1 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Resolution be passed by Robert M. Valentine W2, seconded by Paul Wertz.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Res. No.# 18-09
Item (b) A RESOLUTION AUTHORIZING REMOVAL OF A CERTAIN STRUCTURE UPON PROPERTY BE
LONGING TO THE CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.
Move
for non-reading in full by Ruth Detrow, seconded by Robert L. Valentine
W1 to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Resolution has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart
Mayor
Stewart: This is the Resolution allowing me to enter into an
agreement and have the small house out at the Business Park, faces
Route 250, next to the original Riley Farm Home; have it torn down and
removed.
Discussion or questions?
Move the Resolution be
passed on the first reading by Stephen Stuart, seconded by Robert L.
Valentine W1 to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Ordinance has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, by Ruth
Detrow, seconded by Robert L. Valentine W1 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Move that the Resolution be passed by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Res. No.#
Item (c) A RESOLUTION AUTHORIZING, PURSUANT TO CODIFIED ORDINANCE SECTION 521.07(b), THE
USE OF BARBED WIRE WITHIN THE CORPORATE LIMITS OF THE CITY OF ASHLAND,
OHIO;
AND DECLARING AN EMERGENCY. (Lance/Archway)
Move for
non-reading in full by Stephen Stuart, 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 L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Questions or discussion?
Paul Wertz: I think Jeremy is here if you have any questions.
Richard
P. Wolfe II: You are going to have to make a couple of
decisions. Because you have never told me whether you wanted it
slanting inward/slanting outward; so it is drawn up to accommodate
either one. But you have to decide which way you want it to be.
Robert
M. Valentine W2: I think the last two that we did; Aber’s and the other
business on there; we made them slant the barbed wire inward. I
would feel more comfortable with that; if we are going to stay
consistent, we ought to be consistent.
Stephen
Stuart: I would favor moving it outward. You have got
barbed wire facing outward at the fair grounds; you have got it also
further down at the Bendon Publishing Company facing outward. I
think my understanding in terms of the desire of Lance and what they
are doing in their other properties, they have the barbed wire facing
outward.
Robert L. Valentine W1: What my concern
would be, I think Bob would too; the last two that we had passed, they
were six foot high and they were inward.
Richard P. Wolfe
II: That is one of the other things, when I talked Mr. Wertz, and
he said we need to prepare something to get it before you and I took
what they were proposing so you have the last one, we did about two
years ago; said it was a total of eight feet high including the height
of the barbed wire and this one is ten feet. These are the
details you have to make sure that you want and I guess if there is a
difference then we have to have a motion to determine which one you
want to go forward with.
Robert L. Valentine W1: When you are saying ten foot; you are talking about two foot of barbed wire, is that right?
Richard
P. Wolfe II: The height of which shall include the barbed wire
and extending approximately two feet, I believe was there.
Robert
L. Valentine W1: Without muddying the water here; the concern I
have is that, not relative to what is going on here; but the future;
should we have some kind of a commitment in the future; I know that we
do have two regulations as far as height for houses and for residential
property; should we have something as far as an Ordinance is
concerned? This way we wouldn’t have to do this?
Richard P. Wolfe II: Well, circumstances can vary and there is no limitation as far as commercial properties.
Robert L. Valentine W1: That is what I am saying, that we don’t have that.
Richard
P. Wolfe II: I guess that would be an issue to put before
Planning Commission and see if that is something you might change for
the future.
Robert L. Valentine W1: I just think it would make sense, that’s all to have something.
Robert
M. Valentine W2: I mean we know there was miscommunication
because if there wouldn’t have been; there would have been six foot
fence up.
Mayor Stewart: Well I was a party to that Bob,
and I am not prepared to; nor would I even choose to determine who
misunderstood. The situation was that when you look in the
Ordinance and so in our Codifieds; it isn’t specific except for
junkyards and residences. And otherwise I thought I said six foot
and Jeremy heard me eight foot and I am not prepared to say that I
didn’t say eight foot.
Jeremy Bowen with Lance: May I say
something real quick? I don’t remember the detailed conversation
Glen and I had; but what I can say is the putting up the fence at eight
feet was not an intentional play to go against the advice that was
given to me by Glen. We put up the eight foot fence and did go
through a contractor who came here two weeks ago; did come down to the
city to verify what are the permitting requirements and the only thing
that was listed out there was we needed to go through City Council to
get approval for barbed wire so at that point, we proceeded forward
with the eight foot fence not doing the barbed wire. We did
follow that part of the process to insure that we were following the
guidelines. The misunderstanding was on my part with Glen.
It was not intentional by any means.
Robert M. Valentine
W2: We talked about that before hand. That wasn’t a
concern. The concern was, I read all of the; you gave us the
prospectuses from Wal-Mart and Kellogg and all of these other
companies; and I read through there and nowhere did it say barbed wire
pointing outward.
Jeremy Bowen with Lance: There is
nothing in those guidelines whether it is from the FDA or from our
customer from Kellogg’s; it says it is required to have a barbed wire
fence. What we are doing as a Corporation, Lance security
guidelines; we feel it would be reasonable guidelines for what we
consider for the security of all of our plants where we see it is
financially feasible to do and that includes putting up an eight foot
fence with barbed wire facing outward. You point out to us about
putting barbed wire going in is not really doing anything for us and at
the point….
Robert M. Valentine W2: Not on a six-footer but on an eight footer, not many people are going to get that high.
Jeremy
Bowen with Lance: This isn’t something we want a fallen sword
for; we want to work together with the city. We believe it is the
right thing to do to protect our brand, just protecting our customers,
our consumers and protecting our employees. If Council feels like
it is not appropriate; we will just do the straight wire. We
believe it is the right thing to do.
Robert M. Valentine
W2: I just don’t want it to look like a prison; you know what I
am saying? It is a real nice area of town and you look down the
fence line; and if it tilts in; you don’t see that hanging out.
Jeremy
Bowen with Lance: Most certainly; I would hope though you would look at
that plan today versus a year ago; if you look at barbed wire, you are
going to say, that plant looks a lot better.
Robert M. Valentine W2: I like smoke coming out of the stacks.
Jeremy
Bowen with Lance: We are going to continue to do our investing in
that plant to make it something the city will be proud of. It is
very important to us.
Robert M. Valentine: We are real happy with that.
Mayor Stewart: It doesn’t smell like a prison either.
Jeremy Bowen with Lance: You can smell the cookies in all the city of Ashland.
Robert
M. Valentine W2: And growing up the egg farm is over there; so
one day you have eggs; the other day you have cookies.
Mayor Stewart: That was before your time Jeremy.
Stephen Stuart: There is no disagreement on the height, right? We are okay with the eight foot?
Richard P. Wolfe II: If he weren’t asking for permission for barbed wire, he wouldn’t even be before us.
Stephen
Stuart: So the question is, there is at least some disagreement
in terms of whether it should be facing out or facing in. Now how do we
resolve that?
Richard P. Wolfe II: I think you
should probably make the motion to slash one or the other and then vote
on it and if that doesn’t prevail, then we go back.
Motion and move to approve the barbed wire to face outward by Stephen Stuart, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart
Nays: Robert L. ValentineW1, Robert M. Valentine W2
Move
the Resolution be passed on the first reading by Stephen Stuart,
seconded by Paul Wertz 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: Ruth Detrow, Paul Wertz, Stephen Stuart.
Nays: Robert L. Valentine W1, Robert M. Valentine W2.
Move
to suspend the rules, 3 separate meetings, 3 separate nights, by Paul
Wertz, seconded by Ruth Detrow1 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: Ruth Detrow, Paul Wertz, Stephen Stuart.
Nays: Robert L. Valentine W1, Robert M. Valentine W2.
Richard P. Wolfe II: Now you cannot go any further.
Paul Wertz: Now we have to have another meeting to pass it. You have to have 4 to pass it. Next Council meeting
WARD REPORTS:
Councilman at Large: Stephen Stuart
(a) I just had the same email message that all of you did regarding property on College Avenue.
Ward 2: Robert M. Valentine
(a) No report.
Ward 1: Robert L. Valentine
(a)I had a report too. As a matter of fact I even went to
208 to see and then I called the lady and Ruth you said you didn’t know
why or where she had gotten the idea as far as a parking lot.
There was supposed to be someone at the property that told her that
that is what they were going to put there.
Ruth Detrow: Someone like a committee from the church?
Robert
L. Valentine W1: Well someone who handles that told her that;
that is where she got that. And I said, well we will look into
that. I said I would call her back if I find out any more.
Then I did check with the Engineer and that was earlier in the
day. And checking with the Engineer, he said that wasn’t what we
were told, is that correct?
Shane Kremser, City Engineer:
Yes, I never heard anything about a parking lot. Larry Paxton was
overseeing this; because he has been involved from the beginning.
Robert L. Valentine W1: And that is when I called her back and told her.
Ruth Detrow: It is in your Ward, right? We finally decided that after looking at the map?
Robert L. Valentine W1: It is the opposite side.
Ruth Detrow: Well we don’t need to all call her back, that is what I am saying.
Robert L. Valentine W1: I said I would call her back; I have talked to her already.
Ward 3: Ruth Detrow
(a) No report
Ward 4/President: Paul Wertz
(a) No report.
OLD BUSINESS: None.
NEW BUSINESS:
(a)
Liquor Permit Request: B-New: Ashland Valero, LLC,
DBA Ashland Valero, 421 Claremont Avenue, Ashland, Ohio 44805
Paul Wertz: Anyone here for Valero?
Valarie Bishoff, Clerk of Council: Paul, they haven’t returned my phone call. No one is here.
Robert M. Valentine W2: That is the question. They have been closed.
Robert L. Valentine W1: There is a sign, for sale.
Robert M. Valentine W2: Just like the Clark Station, they have been closed. They just took the pop out a month ago.
Jerry Mack: They are re-opening, they called me yesterday to start services so something is going on.
Ruth Detrow: It would be nice if someone were here to tell us what.
Valarie
Bishoff, Clerk of Council: The Department of Liquor stated, the
permit is new, they just requested it on the 9th of September. It
was recent. Not like it was old when it was requested.
Richard
P. Wolfe II: A Liquor License is a property interest and these
transfer as items of property and if somebody is interested in opening
it up, this must be something they want to add to what is available at
that location. I guess the question is whether you object to a
Liquor permit at that location and if you do then your option is to
request a hearing or not request a hearing.
Paul Wertz: It is just selling, carry out.
Richard P. Wolfe II: Just carry out, not consumption.
Questions or discussion?
Motion to not request a hearing for Liquor Permit 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, Stephen Stuart.
MAYOR’S COMMENTS:
(a)
I would suggest that and I am going to ask Council to move to an
Executive Session but I think it would be more appropriate to let the
comments and questions from the audience come before we move to an
Executive Session if you choose to.
Comments of questions from the Audience: Items that are not included on the Agenda.
Anthony
Watson, 1025 Elmarna: What Stimulus money has Ashland received
from the Government this year? Do you have any idea?
Ellie
Grubb: The amount that I know for transit is and they are
providing free BFO, $39,000 for Capital Maintenance. That is
obviously maintenance on the vehicles, $1200.00 dollars for
Computer Software. And then for the NSP program, the amount we are
suppose to receive is $200,000.00 what we applied for.
Anthony
Watson: The question is, the News Journal reported that Ashland
was getting a little over $5,000,000.00 dollars Stimulus money.
Mayor Stewart: Was that City or County?
Anthony Watson: It could be Ashland County.
Mayor Stewart: I haven’t seen a dollar.
Anthony Watson: They even broke it down; each resident gets $93.00 dollars.
Mayor
Stewart: The check is in the mail. Some applications that we made
for some renovations, they didn’t reject, but they didn’t approve it
either. Not approved.
Anthony Watson: Whatever money you get, there are stipulations.
Mayor Stewart: Absolutely.
Anthony Watson: That would be open to the public right, for record?
Mayor Stewart: Oh yes. And we cannot write those $93.00 dollar checks.
Ellie Grubb: Mr. Watson, the county was approved $80,000.00 dollars for one project, demolition of one project.
Robert M. Valentine W2: That might have been the total amount they put in for. I don’t know.
Stephen Stuart: Even if we were to receive, we couldn’t account for more than $300,000.00 dollars.
Anthony
Watson: I don’t know where they came up with their figures.
That was my question if Ashland had received any Federal money
yet? Glen you are going to have to dig deep now right?
Comments or discussion?
Paul
Wertz: The Mayor states, I have asked Council to move to
Executive Session to Consider compensation for Public Employees.
No action will be taken.
Motion to move to Executive Session by Paul Wertz to, moved by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Moved to Executive Session at 7:50 p.m.
Motion to return to Regular Session by Robert M. Valentine W2, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Motion to adjourn meeting by Paul Wertz, moved by Robert L. Valentine W1, seconded by Ruth Detrow.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
ADJOURNMENT AT 8.10 P.M.
Submitted by
Valarie F. Bishoff
Clerk of Council