Ashland City Council
MINUTES FOR THE REGULAR SESSION OF COUNCIL
Tuesday, December 15, 2009
3rd floor Council Chambers
7:00 p.m.
Council President Paul Wertz called the meeting to order at 7:00 p.m.
ROLL CALL
Ward 3: Ruth Detrow Present
Ward 4/President Paul Wertz Present
At-large: Stephen L. Stuart Present
Ward
1:
Robert L. Valentine Present
Ward 2: Robert M. Valentine Present
PLEDGE OF ALLEGIANCE
PRESENTATION OF MINUTES
Regular Session/Executive Session 12/1/09
Special Session/Executive Session 12/8/09
No Corrections.
Motion to accept the minutes of Regular Session/Executive Session 12/1/09 by Robert L. Valentine, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion to accept the minutes of Special Session/Executive Session 12/8/09 by Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, and Stephen Stuart, Robert L. Valentine W1
Abstain: Robert M. Valentine W2.
LEGISLATION
Ordinances
Ord. No. 84-09
Item (d) AN ORDINANCE PROVIDING FOR THE 2010 TEMPORARY APPROPRIATIONS FOR THE
CITY OF ASHLAND, OHIO TO MEET THE ORDINARY OPERATING EXPENSES OF SAID
CITY, PURSUANT TO THE AUTHORITY OF THE OHIO REVISED CODE SECTION
5705.38;
AND DECLARING AN EMERGENCY.
Moved
for non-reading in full by Robert M. Valentine W2, seconded by Robert
L. Valentine W1, to invoke Section 113.01 of the Codified Ordinances as
the distribution of this Ordinance has satisfied the requirements of
said Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Larry
Paxton: This Ordinance will allow the city to operate for a
period of time needed to 2010; so that it will allow us to create the
2010 full appropriations.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Robert L. Valentine W1, seconded by Stephen Stuart
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Ruth Detrow, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Robert M. Valentine W2.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 85-09
Item (e) AN ORDINANCE AUTHROIZING AND DIRECTING THE MAYOR TO ENTER INTO A CONTRACT
FOR THE PURCHASE OF EQUIPMENT FOR THE DIVISION OF FIRE OF THE CITY
OFASHLAND,
OHIO; OBVIATING FORMAL ADVERTISING AND BIDDING; AND DECLARING AN
EMERGENCY.
(1) model 4x4 pickup truck.
Moved
for non-reading in full by Ruth Detrow, seconded by Robert L. Valentine
W1, to invoke Section 113.01 of the Codified Ordinances as the
distribution of this Ordinance has satisfied the requirements of said
Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Mark
Burgess, Fire Chief: This is part of our vehicle
replacement program. We would like to replace a 1995 Jimmy that
needs expensive work to keep it serviceable. We have opted to go
with a pick-up truck versus an SUV because of its usefulness and it is
cheaper. We want to try to work with the local car dealerships.
Because of House Bill 204, we can do that instead of going with the
state bids so that we can keep the money local.
Stephen
Stuart: There was a typo on the Ordinance. Under the
description of the 2010 current production model and conforming with
specifications on file, not on fire.
Mark Burgess: Mine says file.
Robert M. Valentine W2: Mine says fire.
Questions or discussion?
Robert L. Valentine W1: Where is the money coming from?
Mark
Burgess: The 222 account. It is from the contract money that we
get from three townships. Finance office; when we started this
back in 1994, with replacement program, and have worked out a system of
making the payments on the principal and interest and still be able to
keep replacing the vehicles on a routine basis; and that money is
there, available for this purchase.
Robert L. Valentine W1: When you talk about principal and interest, can’t you just pay it off?
Mark
Burgess: This one we will pay cash for, yes. The bigger
vehicles, we have to take notes out for and pay that back.
Mayor
Stewart: I would like to comment. This is an action that
was reviewed by the Fire Committee; I believe Steve Stuart and Ruth
Detrow met with the Chief. That is one of the purposes of having
committees and the Chief has gone over this; so I believe that you are
certainly supportive of it at this point; am I correct?
Ruth Detrow: Yes.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Ruth Detrow, seconded by Stephen Stuart
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Robert M. Valentine W2.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 86-09
Item (f) AN ORDINANCE ESTABLISHING WAGES AND OTHER COMPENSATIONS FOR ADMINISTRA-
TIVE EMPLOYEES, EXEMPTED FROM THE FAIR LABOR STANDARDS ACT, OF THE CITY
OF
ASHLAND, OHIO; AND DECLARING 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: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Cherie
Helterbridle Bailey: These are standard wage ordinances for the
Administrative people who are Directors and all of those who are
Administrative. It is standard procedure.
Robert L. Valentine W1: Is it the same range as last year or did it change.
Cherie
Bailey: We look at what it would be if it went up 3%; I think
there were two of them that did not quite; wouldn’t accommodate a 3%
increase, but certainly the wording in this indicates that there is no
increase in wage. In the back of it, it says there is, you know,
at the same rate as 2009. So the ranges may have changed
slightly, but the wording says no increases.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Ruth Detrow, seconded by Stephen Stuart
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 87-09
Item (g) AN ORDINANCE ESTABLISHING LIMITS FOR WAGES AND DETERMINING OTHER PROVI-
SIONS RELATIVE TO POSITIONS OF EMPLOYMENT OF CLASSIFIED SUPERVISORY
PERSON-
NEL FOR AREAS NOT INCLUDED IN ANOTHER WAGE OR SALARY ORDINANCE IN THE
CITY
OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY.
Moved for
non-reading in full by Ruth Detrow, 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: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Cherie
Bailey: These are Classified Supervisory Personnel, who would
actually have right to Civil Service that is part of being
classified. These are Supervisors of various divisions.
There again, there is no pay increase. Very little, if any
wording is changed.
Move the Ordinance be passed on the first Reading by Robert M. Valentine W2, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Ruth Detrow, seconded by Stephen Stuart.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Paul Wertz, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 88-09
Item (h) AN ORDINANCE ESTABLISHING LIMITS FOR WAGES AND DETERMINING OTHER PROVI-
SIONS RELATIVE TO POSITIONS OF EMPLOYMENT OF ALL OTHER PERSONNEL FOR
AREAS
NOT INCLUDED IN ANOTHER WAGE OR SALARY ORDINANCE IN THE CITY OF ASHLAND,
OHIO; AND DECLARING AN EMERGENCY.
Moved
for non-reading in full by Robert M. Valentine W2, seconded by Robert
L. Valentine W1, to invoke Section 113.01 of the Codified Ordinances as
the distribution of this Ordinance has satisfied the requirements of
said Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Cherie
Bailey: This is all other personnel. People, who work in the
summertime, some of those summer intermittent people like Tennis Court
aids, seasonal people, swimming pool manager. This would also be
the probationary Fire fighters if you have any one on probation but
here again, there is no wage increase in this Ordinance.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Robert L. Valentine W1, seconded by Robert M. Valentine W2.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried
Ord. No. 89-09
Item (i) AN ORDINANCE ESTABLISHING LIMITS FOR WAGES AND DETERMINING OTHER PROVI-
SIONS RELATIVE TO POSITIONS OF EMPLOYMENT OF UNCLASSIFIED
ADMINISTRATIVE
SUPPORT STAFF TO DIVISION DIRECTORS AND ELECTED OFFICIALS IN THE CITY
OF ASH-
LAND, OHIO; AND DECLARING AN EMERGENCY.
Moved for non-reading in
full 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: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Cherie
Bailey: This Ordinance is for the Secretaries to the Division Directors
and Elected Officials and it includes some Supervisory people who are
unclassified supervisory people and again, the very same wording was
changed. One of things that will be changed is that all paychecks
will be direct deposit, so that is one of the changes under this
section. That is one of the moves that we have made to be more
cost effective in our business. But there is no increase in
wages.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Ruth Detrow, seconded by Stephen Stuart
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, 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 Detrow
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Robert M. Valentine W2.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
PUBLIC
HEARING: 7:10 p.m.- Request for establishment of Zoning-
(Buechele) Milton Twp., to be zoned “R-L” Residential District (single
family dwelling).
Paul Wertz: Is there anyone who is for or against it?
Delbert
Buechele: We have had three addresses since we have moved into the
house. The correct address is 1084 South Baney Road. When
we moved into the house, the previous owners, they had a tenant living
there while they traveled the country. So I presume at that time,
it was established as a multi-family dwelling. Being he walled
off half of the house and the tenant had one half and they had the
other half. So to say it is not a single family, it is a single
family now. I wasn’t aware that it was a multi-family unit, so to
speak when we bought the house.
Paul Wertz: Anyone else? None. Okay so we will close this hearing.
HEARING CLOSED:
PUBLIC
HEARING - 7:13 p.m. – Request for establishment of Zoning- (Stephen
& Sheryl Cellar) Montgomery Twp., to be zoned “R-A” Residential
District (multiple family dwelling).
Paul Wertz: Is there anyone who is for or against it? None. Okay so we will close this hearing
HEARING CLOSED:
PUBLIC
HJEARING – 7:16 p.m. – Request for proposed re-zoning- (Martin House)
Montgomery Twp., to be rezoned from “R-A” Residential District to “R-S”
Residential District (all uses permitted).
Paul Wertz: Is there anyone who is for or against it?
Citizen: What does it mean, R-A?
Mike
Kelly: Let me just speak on behalf of it, because I can answer
that question. On behalf of the Martin House Apartments, the
current zoning right now is R-A, which allows for multi-level
facilities. But the owner of the building wants to be able to
provide assisted living. Under the current zoning regulations,
R-A multiple level dwelling and a senior facility doesn’t allow for
assisted living capabilities. So what he is seeking is the R-S
zoning which would allow that. So that is really what the whole
purpose is.
Paul Wertz: Anyone else?
Ernest
Howell: I have lived at this residence for 49 years and I don’t
know if they are going to tear the house down or what they are going to
do.
Paul Wertz: My understanding is they are going to make it for assisted living, right?
Mike
Kelly: Right. There are not going to be any changes of the
facility. Just the first floor, some of the units are going to be
converted from senior apartments to assisted living.
Mayor Stewart: All the changes will be within the walls of the current building?
Mike Kelly: Yes. Absolutely.
Ernest Howell: I just wanted to make sure.
Paul Wertz: Anyone else? Okay, we are closing the Public Hearing.
HEARING CLOSED:
LEGISLATION: cont’d
Ordinances:
Ord. No. 90-09
Item (a) AN ORDINANCE ESTABLISHING THE APPROPRIATE ZONING DISTRICT OF A CERTAIN AREA
OF THE CITY OF ASHLAND, OHIO (Buechele)
Moved for non-reading in
full by Robert M. Valentine W2, seconded by Robert L. Valentine W1, to
invoke Section 113.01 of the Codified Ordinances as the distribution of
this Ordinance has satisfied the requirements of said Section and that
a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Richard
P. Wolfe II: I think you should note that with the first
two; those are areas that have been annexed into the city and this is
establishing zoning for a newly annexed area. In the third
instance, it is a third area that is already in the city and it is a
change of zoning.
Questions or discussion?
None.
Move the Ordinance be passed on the first Reading by Robert M. Valentine W2, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart, seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 91-09
Item (b) AN ORDINANCE ESTABLISHING THE APPROPIRATE ZONING DISTRICT OF A CERTAIN AREA
OF THE CITY OF ASHLAND, OHIO (Cellar)
Moved for
non-reading in full by Robert M. Valentine W2, seconded by Robert L.
Valentine W1, to invoke Section 113.01 of the Codified Ordinances as
the distribution of this Ordinance has satisfied the requirements of
said Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Questions or discussion?
None
Move the Ordinance be passed on the first Reading by Stephen Stuart, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 92-09
Item (c) AN ORDINANCE REZONING A CERTAIN AREA OF THE CITY OF ASHLAND, OHIO FROM “R-A”
RESIDENTIAL DISTRICT TO “R-S” RESIDENTIAL DISTRICT. (Martin House)
Moved
for non-reading in full by Robert M. Valentine W2, seconded by Robert
L. Valentine W1, to invoke Section 113.01 of the Codified Ordinances as
the distribution of this Ordinance has satisfied the requirements of
said Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed on the first Reading by Paul Wertz, seconded by Stephen Stuart.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Ruth Detrow, seconded by Paul Wertz.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 93-09
Item (j) AN ORDINANCE AUTHORIZING THE PERMANENT TRANSFER OF FUNDS FOR THE YEAR 2009
AND DECLARING THIS LEGISLATION TO BE AN EMERGENCY MEASURE NECESSARY TO
MEET THE FINANICAL NEEDS OF THE CITY OF ASHLAND, OHIO.
Moved for
non-reading in full by Ruth Detrow, seconded by Robert L. Valentine W1,
to invoke Section 113.01 of the Codified Ordinances as the distribution
of this Ordinance has satisfied the requirements of said Section and
that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2
Larry
Paxton: This is an Ordinance asking for a permanent transfer of
Capital Improvements money to the Brookside Nature Preserve. That
$4200.00 dollars is closing costs on the nature preserve that was not
anticipated. The other is a permanent transfer to the 301 Bond
retirement fund that the end of 2008, the last day of 2008, you folks
were able to advance payment from the 405 to the 301 to bring that fun
into the positive. What this is doing is asking that that advance
become a permanent transfer instead of having to pay it out of the
year- end advance back.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Ruth Detrow, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 94-09
Item (k) 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.
Moved
for non-reading in full by Robert M. Valentine W2, seconded by Robert
L. Valentine W1, to invoke Section 113.01 of the Codified Ordinances as
the distribution of this Ordinance has satisfied the requirements of
said Section and that a further reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2
Larry
Paxton: This Ordinance is in an effort to balance the year-end
books. The first part of the Ordinance deals with $263,000
dollars of additional appropriations. These funds received more
money that what we had appropriated or what we had estimated that they
would receive. We are using these funds in an effort to balance
either personal service or other service departments within those
operating funds. The bottom part of the Ordinance is a transfer
within the fund from one line item or one type of line item to
another. The other service is to personal services. The
underlined amounts on the right side on the bottom part of the
Ordinance is where the money will be shifted. Each of the
division directors that were affected by that transfer were informed of
that before you received the Ordinance.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Robert L. Valentine W1, seconded by Stephen Stuart
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Ruth Detrow, seconded by Paul Wertz.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Stephen Stuart seconded by Robert L. Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 95-09
Item (l) AN ORDINANCE AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY BELONGING TO THE
CITY OF ASHLAND, OHIO; AND DECLARING AN EMERGENCY. Brookside Golf
Course land.
Moved for non-reading in full by Robert M.
Valentine W2, seconded by Robert L. Valentine W1, to invoke Section
113.01 of the Codified Ordinances as the distribution of this Ordinance
has satisfied the requirements of said Section and that a further
reading be dispensed with at this time.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2
Mayor
Stewart: This is authorizing me to put up for sale approximately
67.5 acres that are on the west rear boundary of property on Fairview
Drive. They are east of Baney but this property does not go
through to Baney. This is property that we bought many years ago
in the anticipation of another nine holes; I guess we want to call them
the Executive nine-hole course for the Golf Course. That never
materialized. We do not see that as being something that will
happen in the foreseeable future. The selling of the land seems
to be appropriate at this point in time. Along with the sale, we
are going to offer the property owners that back up to this land on
Fairview, a buffer strip of 75 feet so that if that becomes a
development of some sort, to their west, they will have the opportunity
to increase the depth of their lots by 75 feet from their current rear
line 75 feet west. There is a qualifier for that. The total
number of property or lots that abut the 67 acres amounts to 2.15
acres. We are not going to make a saw-tooth pattern back
there. This will be a sale at $800.00 dollars per property owner
plus the surveying cost if all of the property owners agree to the sale
or if somehow those people who live there choose to make an agreement
to buy all of those lot widths by 75 feet deep. We do not want to
end up with three lots for instance, buying 75 feet and then one lot
not and then another three. We are not going to do that. It
will be a straight line and the property owners themselves have the
opportunity to work with their neighbors and we will set a price of
$800.00 dollars per parcel plus the pro-rated cost of surveying and
drafting services which we are thinking is about $150.00 dollars,
175.00 dollars something like that. So it will be less than
$1,000.00 dollars estimate. $800.00 dollars plus those services
and there are 16 parcels.
Stephen Stuart: Excuse me
Glen. I think this is the way it reads. I think the
group that are south of the access area is one group that would be
treated collectively as a whole but if the property owners north of the
access area did not want to buy that strip, that would not hold up the
sale to that group south of the access row.
Mayor Stewart: That’s the way it is written?
Stephen Stuart: Yes.
Mayor Stewart: Thank you for that clarification.
Richard
P. Wolfe II: This was drafted at Mr. Stuarts request after
the last Council meeting and I had discussed this aspect with
him. The four lots that are north of the access, topographically,
the property behind them is different. There is a watercourse
back there. It may affect their decision as to whether they wish
to do that. Also there is a home that is owned by a nonprofit
entity and I don’t know what the feasibility is for them to purchase an
additional strip, so I asked Mr. Stuart if he agreed that the area
north of the access drive and the area south of the access drive would
be treated as two separate strips being the necessity remaining that it
be entire in either and he concurred with that so that is how it is
presented to you.
Stephen Stuart: Further
background, as we are all aware I think, there was a committee of
citizens that looked at the long-term feasibility of Brookside Golf
Course and one of the recommendations that they made to us, as Council
was to sell this acreage to the benefit of the improvement of the
Brookside Golf Course. Again, pretty much the impetus for Council
taking this on.
Richard P. Wolfe II: We will actually
need another Ordinance when it comes time to put the other part of the
remaining parcel up for sale whether it is the entire 67 or whether it
is approximately 65 and that will come. You had indicated that
you, in your report at the last meeting I believe, you were looking at
the first part of March. So there will be another
Ordinance. It is like a two part.
Stephen Stuart: We
have established the deadline as part of this Ordinance February 28,
2010, so we will know the outcome to be able then to draft an
appropriate Ordinance for the sale of whatever remains.
Ruth Detrow: It looks as though the purchase of this buffer strip has to be by the property owner to buy the whole strip?
Richard
P. Wolfe II: No, it couldn’t stand alone. It has to attach
to the existing parcel, which is why Mr. Kremser may want to address
this. There is a new plat being prepared.
Robert L. Valentine W1: Rick, did you say there were five parcels?
Richard
P. Wolfe II: Four. North, the access that go right up to the golf
course and the watercourse comes down through there and the property
drop off significantly. Topographically they are different than
the south portion.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Stephen Stuart, seconded by Robert L.Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Ruth Detrow, seconded by Paul Wertz.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Paul Wertz seconded by Ruth Detrow.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Ord. No. 96-09
Item (m) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INCOME TAX REVENUE
SHARING AGREEMENT WITH THE ASHLAND CITY SCHOOLS AND THE JOINT
VOCATIONAL
SCHOOL, AS REQUIRED BY OHIO REVISED CODE SECTION 5709.82; AND DECLARING
AN
EMERGENCY.
Valarie Bishoff, Clerk of Council read the Ordinance in Full.
Paul Wertz: Thank you Val.
Mayor
Stewart: This agreement could have in retrospectively, in normal
times; this agreement would have been a part of the original Real
Estate Tax abatement agreement. It was not for various reasons.
The State of Ohio dictates that if the city does not enter into an
agreement with the Boards of Education within a six-month period of
time that there is a set flat rate that the Boards of Education can
demand of the city relative to Income Tax. We sat down with the
Boards of Education, proposed an agreement that I presented to the City
Board last night and that agreement is basically; I want to share it
with you. Basically, for the first five years of the fifteen-year
abatement agreement, the City of Ashland will share one half of the
payroll Income Tax from Barbasol after their payroll reaches a total of
2 million dollars per year. The second five years, year 6 though
11 and that is when the tax abatement drops in the favor of the school
system from a 90% to a 75% abatement. Once we get into that area,
we have agreed with the; no we haven’t agreed; we are working on that
right now. We have presented to the Schools that they will receive 25%
of the payroll tax after it reaches 2 million dollars. Now I want
to state that very clearly. They get nothing up to 2
million. At 2 million, they get half of the tax on that 2 million
and further. But if it does not reach 2 million in either of
those periods, they don’t get any of the tax. After that, they
share 50/50 from dollar one. The third five-year period, years 11
through 16, the abatement drops to 60% and so they get 40% of the real
estate tax and we would not share any of the Income Tax with them at
that point in time. I think Rick is checking me out here.
Robert L. Valentine W1: Mayor, when does this start?
Mayor: It would start next year.
Richard
P. Wolfe II: It starts the first year of abatement, whenever the
first year. The first year that the taxes are due on the
improvements that have been made. We are a year behind on that so
it would be at least a year down the road.
Mayor
Stewart: I would share with you that, I have presented this to
the City Board of Education last night; they have approved it, pending
this body’s approval of the agreement and the Ordinance. We have
an appointment; not an appointment but we are on the agenda for the
Career Center Thursday night to present it to them; presuming that this
body approves what is being presented to you this evening. The
agreement that you received in your package last Friday is identical to
what you received today except a “draft” has been removed from it.
Questions or discussion?
Move the Ordinance be passed on the first Reading by Stephen Stuart, seconded by Robert L.Valentine W1.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Move to suspend the rules, 3 separate meetings, 3 separate nights by Paul Wertz, seconded by Robert L. Valentine W2.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L.
Valentine W1, Robert M. Valentine W2.
Move the Ordinance be passed by Ruth Detrow seconded by Paul Wertz.
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2.
Motion carried.
Resolutions: None
WARD REPORTS:
At-Large: Stephen Stuart
No Report
Ward 2: Robert M. Valentine
(a) Did you get my message the other day?
Shane Kremser: Yes. We discussed that.
Robert
M. Valentine W2: When the guy called me, he said there was
somebody sitting on his steps and the Police were out there.
Shane Kremser: Yes we did discuss it.
Robert M. Valentine W2: Is the curb low?
Shane Kremser: No. I think what he wants, is to have a guardrail installed.
Robert
M. Valentine: I think the problem before, he had a big tree, and
then it became rotted and they took it out and they didn’t put a small
one back in.
Shane Kremser: I don’t believe
so. I think there is an existing tree in there a little past it
and then there is a telephone pole. So realistically, there is
not a whole lot we can do there with the right-of-way; given that there
is no grade; the grade is not falling off. It is not really a large
radius turn there.
Robert M. Valentine W2: He said
it is usually three times a year he has got somebody sitting on his
steps. He called me when the police were there. The guy was
sitting on his step. I figured I might as well call you and tell
you.
Shane Kremser: I am going to give him a call back
and talk to him about maybe some things he can do on his property.
Robert M. Valentine W2: Like what? Put some boulders in?
Shane
Kremser: The way it is, is that the homes, the set back is so
close to the tree lawn. Maybe something with landscape on his
property could help and I was going to talk to him about that.
Robert M. Valentine W2: Thank you. I appreciate that.
WARD REPORTS cont’d.
Ward 1 Robert L. Valentine
(a)
I got a call from a person on Fairview. He was interested
in buying one and at that time I didn’t know of the split you were
talking about. With the north and south. I said it was all
16 at that time, that is all I knew. So I guess probably it would
be a good idea to call him back and make sure he knows because I think
he is in that north section. I will give him a call back and
explain. He wanted to purchase one and wanted to know would it
have to be all 16 or not and I said that is the way the Ordinance reads.
Mayor Stewart: He is in the group of four, Bob?
Robert
L. Valentine W1: I am not sure. But I think he might
be. But I think the suggestion was to, it might be a good idea to
get together with your neighbors. I can’t think of the name now
but I think he has lived there about three or four years. He may
be the last property. So I will call him back and tell him what
you said of course.
Ward 3 Ruth Detrow
No report
Ward 4 Paul Wertz
No report.
OLD BUSINESS:
Mayor
Stewart: I have some old business I would like to
share. The property that we have been working on purchasing at
the point of Liberty and East Main; we have handled that
purchase. We are in the process now of engineering working
through the proper process to improve that intersection. So the
property is now ours and open for improvement.
Paul Wertz: That is where the telephone pole has to be moved? Or power pole?
Mayor
Stewart: The Power pole. There is a lot of work to be done
there. New traffic light system and so on.
NEW BUSINESS:
Paul
Wertz: As you all know, this is my last official night as
Councilman. I would just like to thank the people in the fourth
ward that voted for me all these years and all the department heads
that have helped me out. I appreciate and thank you for all of
that. It has been an honor being on City Council. I hope
you guys keep working together. I mean that is what it is all
about. Teamwork. Thank you for putting up with me this many
years.
Mayor Stewart: I have some comments to make
this evening. I am going to embarrass the Councilman Wertz and
ask him to come forward this evening. You know I was on Council
when Paul first joined Council in 1985. We go back a long
time. I have been out of town to Michigan and Paul stuck it out
and I come back and he is still here.
Paul I have a Proclamation I would like to share with you and with those in attendance this evening:
PROCLAMATION:
Whereas, It is the privilege of the Mayor of the City of Ashland, Glen
Stewart, to give praise and special Recognition to Paul Wertz for all
of his achievements for the City of Ashland, and
Whereas, Paul has faithfully served on City Council since January 7, 1986 for the City of Ashland; and
Whereas, his dedication to duty, hard work and resident’s concern have
greatly contributed to making this an outstanding community in which to
live; and
Whereas, this day affords us an
opportunity to honor Paul Wertz for his 24 years of service to our
community; and
Now therefore, as the Mayor of
the City of Ashland, I do hereby proclaim Tuesday, December 15, 2009 as
Paul E. Wertz day, in the City of Ashland, and all residents of the
City to remember and recognize this noble and valuable role Paul Wertz
has played in our Community.
In Witness Thereof, I have hereto set my hand
and cause
The Seal of the City of Ashland, State of Ohio, to be affixed
To this document the 15th day of December in the year of our
Lord 2009, Glen P. Stewart.
Signed:
_______________________________
Glen P.
Stewart, Mayor
Paul Wertz: Every time I would call
Valarie, clerk and ask her to take care of things, and she would say
yes Paul I will take of that for you; I want to thank you Valarie for
taking care of things for me also.
Ruth Detrow: His
fellow members of Council also wish to memorialize this last day on
Council. We have a clock and it says on the clock: Paul
Wertz, for Faithful and Dedicated Service, 1986 through 2009, Ashland
City Council.
And the four of us have signed this.
Paul Wertz: Thank you guys.
Mayor
Stewart: Comments cont’d. We have a First Energy agreement,
a document to agree to that is not up here this evening and it is not
on the agenda. It is that $230,000 dollar payment that First Energy has
offered the communities. As of the last meeting, Ellie had
determined that with the exception of two or three communities; so in
excess of 60 communities out of 65 or 68, have accepted that payment
and I just didn’t get it on the agenda. We need to act on that so
that we can move forward with that aggregation.
Paul Wertz: We need to before the end of the year, correct?
Mayor Stewart: Yes.
Paul Wertz: Do you want a Special Meeting, the 22nd?
Larry
Paxton: May I also ask; that there will be some additional funds
that will require some transfers so we will need that for that meeting
as well.
Paul Wertz: So yours will need to be the 30th or 31st?
Richard P. Wolfe II: So you are going to need another meeting at least one more meeting before the end of the year.
Mayor
Stewart: The key is that we must have a commitment that four
Councilmen can be here. And I don’t know how that is going to
work out in that holiday season. Are all of you in town?
Paul Wertz: Is everybody in town on the 22nd?
Robert M. Valentine and Robert L. Valentine: No we have a commitment.
Mayor Stewart: How about the 29th?
Paul Wertz: Will you have yours ready by the 29th?
Larry Paxton: Yes.
Paul
Wertz: Can everybody make it December 29, 2009 at 4:00 p.m. in
Council Chambers? Okay a Special Meeting the 29th at 4:00 here.
Mayor Stewart: So we will give you an Agenda.
Stephen Stuart: Mayor, are we going to recognize Cherie?
Mayor
Stewart: Yes we are. This has been a terrible day for the
Mayor. No, it has been excellent, but I was gone all
day. I would like to ask Cherie to come
forward. Cherie has spent 15 years with the City of Ashland
as our Director of HR. Cherie found a wonderful person in
Pennsylvania and is married and she has found it a little bit unusual
to be working in Ashland Ohio and try to live in Pennsylvania and her
husband’s work isn’t as flexible as Cherie’s is. Cherie will be
really missed. We are prepared to backfill her position.
She is going to stick with us for 3 months part time, full time, part
time into the next year but I want to thank Cherie for all that she has
done and she has taken us through several labor agreements. She
has cleaned up a lot of our Ordinances relative to our personnel.
I say cleaned up. She keeps them abreast of the time and in
compliance with where we need to be with various laws, etc, etc., and
it certainly has been a pleasure for me to work very closely with
Cherie the last two years while I have been in office and she is one of
those persons you call and she never tells you why she can’t.
Somehow she gets done what I ask her to do. Sometimes it is not
convenient, I know that. But she still gets it done.
Cherie, thank you and good luck.
Robert L. Valentine W1: I want to thank Valarie for what she set up tonight; that was very nice. Thank you.
Mayor Stewart: Nice job Valarie.
Comments of questions from the Audience: Items that are not included on the Agenda.
None.
Motion to Adjourn Regular Session by Paul Wertz, moved by Robert M. Valentine W2, seconded by Robert L. Valentine W1
Ayes: Ruth Detrow, Paul Wertz, Stephen Stuart, Robert L. Valentine W1, Robert M. Valentine W2
Meeting
adjourned at 7:59 p.m.
Submitted by
Valarie
Bishoff
Clerk of Council