Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, November 3, 2009
Council President Paul Wertz called the meeting to order at 7:00 p.m.
ROLL CALL
Ward
4/President Paul Wertz
Present
At-Large
Stephen
Stuart
Present
Ward 1: Robert L. Valentine Present
Ward 2: Robert M. Valentine Present
Ward 3: Ruth Detrow Present
PLEDGE OF ALLEGIANCE
PRESENTATION OF MINUTES
(a) Regular Session 10/20/09
(b) Special Session/Executive Session 10/29/09
Move
to accept the minutes from 10/20/09 by Robert L. Valentine W1, seconded
by Stephen Stuart to approve the minutes as received.
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow
Move
to accept the minutes from 10/29/09 by Robert M. Valentine W2, seconded
by Robert L. Valentine W1 to approve the minutes as received.
Ayes: Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow
Abstain: Paul E. Wertz
No corrections or additions.
LEGISLATION
Ordinances:
Ord. No. 77-09
Item (a) AN ORDINANCE ESTABLISHING CERTAIN FUNDS TO DEPOSIT AND EXPEND MONES FOR
THE PURPOSES SPECIFIED; AND DECLARING AN EMERGENCY.
Moved
by Robert L. Valentine W1, seconded by Ruth Detrow to invoke Section
113.01 of the Codified Ordinances as the distribution of this Ordinance
has satisfied the requirements of said Section and that a further
reading be dispensed with at this time.
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow
Comments:
Larry
Paxton: This Ordinance establishes a Department of Justice
Assistance Fund. It is a Grant that the Police Department has
applied for to receive $5800.00 dollars. That is the first fund
that we are asking to be established. The second is a
Brookside Nature Preserve, Fund 451. That allows the city to complete
the Sandusky Hollow Preserve Grant through the Ohio Public Works
Commission. It is a requirement of that program to establish a
fund for that. The Public Works Program will fund about
$286,000.00 dollars, I believe of that program and the rest is incoming
from the city. We have to allocate those funds for
this. The third fund is a Sewer Capital Improvement
Fund. Last year, this body issued $600,000.00 dollars in Capital
Improvement Notes for the Sewer Department. During the evaluation
of the notes for this year; bond counsel as well as Mr. Strine and I
discussed where those proceeds have been deposited. They have
been deposited into the 611 Sewer Capital, the Sewer operation Fund
rather than into a separate Capital Improvements Fund. We are
asking that this fund be established at this time but we are not
allocating any monies to that because the Sewer Fund has already paid
for some Capital purchases that it borrowed the money for out of this
money that is in their Operating Fund. So at sometime once we
obtain what actually is remaining of that Note money, we will ask you
to appropriate the money into that Fund at that time.
Stephen Stuart: How are the Notes retired for that?
Larry
Paxton: That is an annual rollover and it has a principal
interest payment; I believe at the time of the discussion of borrowing
that money that it would be set up on a five-year pay back. In
other words, the Sewer Department had to pay that back over a short
period of time.
Mayor Stewart: Steve there was a lot of
discussion about the appropriateness of borrowing money last year and
when the sewer rate adjustments were put into place; the requirement,
not written but as we all concurred, that that $600,000.00 had to be
paid off in five years.
Discussion or comments?
Moved
by Ruth Detrow, seconded by Stephen Stuart that the Ordinance be passed
on the fist reading 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: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
Move to suspend the rules, 3 separate meetings, 3 separate nights, by Paul Wertz, seconded by Ruth Detrow
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
Move the Ordinance be passed by Robert L. Valentine W1, seconded by Robert M. Valentine W2
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
Ord No. 78-09
Item (b) AN ORDIANCE CREATING ADDITIONAL APPROPRIATIONS FOR THE FOLLOWING HEREIN-
AFTER NAMED FUNDS FOR THE YEAR 2009 AND DECLARING THIS LEGISLATION TO
BE
AN EMERGENCY MEASURE NECESSARY TO MEET THE FINANCIAL NEEDS OF THE CITY
OF ASHLAND, OHIO.
Moved
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: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow
COMMENTS:
Larry
Paxton: This Ordinance, we are requesting additional
appropriations as well as transfers within the spending bill from
2009. The first is the Parks Department, an additional
$35,000.00. That is for the benefits of the park director and the
foreman. During the appropriation process, those were
inadvertently left out. They were newly created lines after we
had created them; the Mayor had submitted the appropriation. In
doing that it has created a shortage in the pension funds; the
Medicare, the hospitalization and the HRA lines. We may have
missed another one. But that is what we are asking for that
particular line. The next two are Fire pension and
Police pension lines. In the previous practice, the General Fund,
the pension lines; those monies were transferred to the; these are
property tax funds, 236 and 238. The General fund money was
transferred to these funds. Then the pension funds will be paid
out of those. Since June, that has been discontinued. We
will now pay for the Police and Fire pension funds; the property tax
will pay its share and once that fund is depleted, then the General
fund will pick up the rest of the remainder of the liabilities for the
pension funds. The fourth item was a fire and rescue equipment
fund. At the beginning of February, the pumper tanker that
the fire department purchased last year; that was refinanced.
When we prepared the appropriations, we anticipated one refinance
rather than two. Recently when the various purpose notes were issued or
re-issued, that tanker was rolled into that various purpose note to
allow the city to gain a better interest percentage on that
money. In doing that, we have to appropriate; we are asking that
you appropriate another $200,000.00 dollars to show the refinancing of
that truck. That money came in and then it went back out on the
note. We still owe $200,000.00 on that truck. The next item
is the D.A.R.E. fund. When the appropriation was prepared, we did
not appropriate all of the anticipated revenue of that fund.
Since that program is not operational at this time, we are asking that
the remainder of that be appropriated so that we can reimburse back to
the General Fund expenses of the D.A.R.E. program. The next item
is the Justice Assistant Grant that you just created a fund for.
The next item is the Water Softener Capital Improvements Fund.
There was an additional need. There was some revenue that was
brought into that fund and not appropriated. We anticipated and
appropriated this year. That is $56,373.00. The next item
is the Brookside Nature Preserve and that is where the money from the
fund you just created, that is where we are appropriating that money to
complete the purchase of that property as well as we also have to show
you the incoming contribution.
Robert L. Valentine W1: What percentage do we have to pay?
Larry Paxton: We only have to pay the 280 or 258, whatever that number was that I mentioned.
Robert L. Valentine W1: 258.
Larry Paxton: 258, yes.
Robert L. Valentine W1: Thousand?
Larry
Paxton: Yes. But that is paid through the Ohio Public Works
Commission. That is not something where the city is going to pay
it. It is going to come through in a Grant program. The
other item is the Pool. It had some conditional operational
expenses and we are appropriating and we are asking you to appropriate
additional monies to cover that. The next item is the Reservoir
improvement fund. Unfortunately, this fund had over 1 million
dollars in it but we didn’t appropriate the exact change; and that is
60 cents. That is something we are asking you to
appropriate. In order to clean the books up we have to have
that 60 cents. The next item is the Health Care Insurance
Fund. Initially, we thought that this fund was going to be
depleted and abolished out of the appropriation. You can’t do
that because that is where the HRA that the city pays toward the Health
Insurance. That is where that is paid. So we are asking for
an additional $178,000.00 dollars to be put into that as well as at the
bottom of the transfer line, we need to shift that $140,000.00 out of
the transfer line item and bring that back up into the HRA line.
The total on that is about $319,000.00 dollars. But at this
point, why that is going to be very close to what we spend.
We may be a little short on that. That is all of the additional
appropriations. The court system has asked that we transfer
$12,000.00 from their operational up into a personal service
line. That is an attempt by the court system to offset and save
some general fund.
Questions or comments?
Moved by
Ruth Detrow, seconded by Robert L. Valentine W1 that the Ordinance be
passed on the fist reading 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: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
Move to suspend the rules, 3 separate meetings, 3 separate nights, by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
Move the Ordinance be passed by Stephen Stuart, seconded by Robert M. Valentine W2
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
WARD REPORTS:
At-Large: Stephen Stuart
No report.
Ward 2: Robert M. Valentine
(a) Jerry is not here. I have some things for Jerry. I will call him in the morning.
Ward 1: Robert L. Valentine
(a)
I had a couple of calls. One, it dealt with an area
not too far from where the Mayor resides. Across 42, Mifflin
Avenue, go east, Creekview Court, Deer Trail and Twin Leaf Court.
I didn’t know those were right there. A person called me and I
got in touch with Shane about this. He explained to me what the
situation was. I guess there is a problem with all three of
those. What had happened when they constructed those; they only
went so far as the first house. Then when they put the Cul-de-sac
in, and the other, so there is an area right in between. And
there was a concern by the people or the one person up there about that
and I appreciate it. I sat down with Shane and he explained what
the situation is and he is talking about remedying it in the
future. I don’t know if you want to add anything onto what I
said. I just appreciated talking to you. I called them
back. I did not get a call back.
Ruth Detrow: What area is it?
Mayor
Stewart: It is where I live Ruth; In front of my house. I live on
Twin Leaf Court. I am very familiar with it. The
Engineering Department has put an inordinate amount of time in it as
well as the Street Division trying to figure out how to remedy
it. The actual situation is that when Phase I of each of these
streets was put in, the pavement stopped. When they went with
another few lots, they extended the pavement. The sub-base in
that area where they picked up and went with additional, maybe four
feet, it is mush. We have already been up there, cored it and
pulled the asphalt out and putting new asphalt in. It is like
putting it on wet sand. It has got to be stabilized.
Robert M. Valentine W2: You are going to have to undercut it.
Mayor
Stewart: I am surprised that they called you because we have
probably had five calls, several of them from the same party. I
personally answered that party while I was on vacation. That’s okay I
don’t mind that.
Robert L. Valentine W1: Well I called them back and explained that I had talked to Shane and also I had mentioned you.
Mayor Stewart: It is a real mess.
Robert L. Valentine W1: Well, in future expansions and things like that, we have a remedy.
Robert M. Valentine W2: We learn from our mistakes.
Mayor
Stewart: You learn from it. You learn that you need to have
inspection on site when it’s done. And have it done in a more
consistent manner. You can pick out every joint line in that
subdivision up there.
Robert L. Valentine W1: Of
course, you know when I drove up center Lane; I hit one right by
you. It is right there too. It was a little bumpy, well
they were complaining about being bumpy. It was no bumpier when I
drove there.
Ward 1 (cont’d) Robert L. Valentine
(b)
Area on Edgewood Drive and it dealt with a trailer and I got in
touch with Rick on that and I wanted to thank him. He didn’t make
it tonight but he resolved it.
Mayor Stewart: Bob,
if it is appropriate in your Ward; Redwood Drive has street light
problems. Those are the decorative streetlights. It goes
down in front of the condos on one side, the hospital on the other
side. We are attempting; we accepted that street and the street
lights came with it. But we don’t know where the wiring is, it is
all underground. There has been discussion and when they planted
the trees, some of that wiring was cut and repaired. Jerry Mack
has had a commitment from one of the developers or contractor to get
that wiring diagram as built so we can go in and work on it. But
I have had some calls and I suspect you may have. We are working
on that, if you get a call. There are several lights out up
there.
Ward 3 Ruth Detrow
No report.
Ward 4/President Paul Wertz
No report
Old Business:
Robert L. Valentine: Well, I was going to ask some questions but Jerry is not here. So we can move on.
Mayor Stewart: He is on vacation; he will be back Thursday morning.
New Business:
(a)
Re-appointment of Ev DeVaul as Board Representative for the city
on the AACED Board. The term he will be serving includes 2009
& 2010.
Paul Wertz: This is kind of an oversight on our part. We should have done this earlier, instead of now.
Motion
to re-appoint Ev DeVaul as Board Representative for the city on the
AACED Board Paul Wertz, moved by Stephen Stuart, seconded by Robert L.
Valentine W1.
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
(b)
Ashland Planning Commission recommends: Request for Establishment
of Zoning (Buechele), “R-L” (single family dwelling) residential
District, Milton Township, Buecheles Revocable Trust, southwest quarter
of Section 13, Township 24-N, range 17-W. This is to set a
hearing.
Paul Wertz: Second meeting in December. December 15, 2009. At 7:10 p.m.
(c)
Ashland Planning Commission recommends: Request for establishment
of Zoning (Steve Cellar), “R-A” (Multiple family dwelling) residential
District, Montgomery Township, southwest quarter of Section No. 5, Twp
22 N, range 16 west and being the land owned by Steven W. & Sheryl
J. Cellar.
Paul Wertz- Second meeting in December, December 15, 2009 at 7:20 p.m. It has to be 30 days.
(d)
Ashland Planning Commission recommends: Request for proposed
re-zoning, (Martin House) “R-A” (Multiple family dwelling) Residential
District to “R-S” (all uses permitted) in Residential districts,
Montgomery Twp, southwest quarter of section no. 17, Twp 22-N, range 16
west.
Paul Wertz – December 15, 2009 at 7:30 p.m.
MAYOR’S COMMENTS:
Mayor
Stewart: The city of Ashland has a lot of front page this
morning. But the more important front page was the Chief of
Police is retiring. He just told me; this is going to be his last
meeting here. So,
congratulations
chief. I want to compliment the Chief publicly on his ability to
manage the Police Division. He has done, in my opinion, a remarkable
job for a long time. He has done it with less funds and fewer
people than any of us would like to operate with, but very
professional. I wish him the best in his future. If he can
get out of here and head south for a few weeks this coming winter,
well, more power to him. Enjoy the retirement. Don’t
do like I did. Don’t sign up again. I enjoy what I do. But
whatever you do, enjoy it. It is very important.
COMMENTS OR QUESTIONS FROM THE AUDIENCE: (Items not appearing on the Agenda)
None.
Motion to move to adjournment by Robert M. Valentine W2, seconded by Robert L Valentine W1.
Ayes: Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow.
ADJOURNMENT
Meeting Adjourned at 7:23 p.m.
Submitted by
Valarie Bishoff
Clerk of
Council