Ashland City Council
MINUTES FOR THE SPECIAL SESSION OF COUNCIL
Friday, May 22, 2009
Council President Paul Wertz called the meeting to order at 4:00 P.M.
ROLL CALL
Ward 1: Robert L. Valentine Present
Ward 2: Robert M. Valentine Present
Ward 3: Ruth Detrow Present
Ward 4: Paul Wertz Present
At-large: Stephen Stuart Present
PLEDGE OF ALLEGIANCE
Legislation:
Ordinances:
Ord. No. 41-09
Item (a) AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR, DIRECTOR OF PUBLIC
SERVICE, TO ADVERTISE FOR BIDS AND TO ENTER INTO CONTRACTS FOR
THE 2009 REPAIR AND RESURFACING OF VARIOUS STREETS IN THE CITY OF
ASHLAND,
OHIO, TOGETHER WITH ALL INCIDENTALS AND APPURTENANCES NECESSARY
THERETO; 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.
Mayor
Stewart: As with many requests or directions to advertise for
bids, we will add to the specs that an alternate or intermittent paving
be included if in fact the bids come in low so that we can do more; we
wont be tied into the exact list. I think that is appropriate;
that was Rick’s suggestion.
Robert L. Valentine W1:
I was reading the paper today where Ed Meixner, County Engineer came in
lower than what they had anticipated.
Mayor Stewart: That was recommended and I appreciate that. I think it is appropriate.
Robert L. Valentine W1: You made the presentation last Tuesday and it was mentioned.
Questions or Comments?
Move the Ordinance be passed on the first reading by Stephen Stuart, seconded by Robert L. Valentine W1.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Paul Wertz, Stephen Stuart.
Move
to suspend the rules 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 the Ordinance be passed by Robert L. Valentine W1, seconded by Paul Wertz.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Resolutions:
Res. No. 9-09
Item (a) A RESOLUTION DIRECTING THE MAYOR TO GIVE NOTICE OF TERMINATION OF THE EX-
ISTING AGREEMENT FOR DELIVERY OF MATERIAL TO THE ASHLAND COUNTY RECY-
CLING CENTER; AND DECLARING AN EMERGENCY.
Move for non-reading
in full by Ruth Detrow, 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.
Mayor
Stewart: If you would note on the 3rd Whereas, there is a
misspelling in there; Whereas this Council finds instead of
funds. This Resolution came at my request; Late yesterday
or yesterday afternoon, there were some verbal changes. We
received a letter that I confirmed with most of you in late
April. That the Solid Waste facility was going to be a fiber only
facility. When I received that and there was a lot of concern
about it from our community. I was one of several that entered
into some discussions with some other recycling centers. We met
with two. Both of them, I am not talking contract. I am talking;
here are some budget numbers we could consider. None of them will
take glass. Glass is going to go the landfill at this point in
time I guess regardless. The two that we talked to that are
private firms will both take corrugated, magazines and newspapers that
they call slick ends. Aluminum, steel cans and #1 and 2 plastic
mixed. There is a possibility that we would not have to haul that
material out of town in that both of these entities have compactors
that could be considered for use on one of our sites. Instead we
would take our recycling trucks and take them to probably our site and
dump the material into compactors; that isn’t all that easy because
right now we take it to the Solid Waste District and when we get in, we
dump it and leave. We would have some manual work in unloading
unless we figured out how to put a hopper there. The bottom line
is that the cost or the two private firms that have talked with us
about this to pick up these compactor bins is considerably less than
what we are spending today on an annualized basis, $28,800.00 dollars
directly to the recycling center today. We pay that by contract a
year. It is a two-year contract. I do not criticize
anybody that signed the contract because it was needed I suspect and
that is the way it is. That contract runs through the end of this
year. It was a two-year agreement. Under the circumstances
that the city finds itself in financially and under the circumstances
that prevailed until yesterday afternoon about what the recycling
center would take; along with the fact that both private entities have
suggested that when the market for the commodities that we take; in
other words the recyclable and aluminum, steel and plastic, cardboard
and the newspaper; when that market turn; once it reaches a peak, we
will get a refund once it gets above; for instance, they mentioned
cardboard is at 35.00 dollars a ton today, that is what they
said. If it would go above 45, the city would start getting a
refund. My proposal is that and because even know I was told
verbally yesterday afternoon that the recycling center will now, they
are going to start taking everything except glass again.
Everything being, the newspaper, magazines, corrugated plastic; they
are going to start taking it again. That was posted on a sign
outside of their facility on Wednesday night and yesterday
afternoon. I had dialogue with Dan Scott. He said yes that
was changing. They had taken a load of materials wherever they
take it; and it had been approved the way they took it. So they
are not having to sort as much as they did in the past. In other
words, I believe them to be taking mixed material.
Paul Wertz: So if we did all of this, they would pass it, they could still put a bid back in?
Mayor
Stewart: To go a step further, if we were to dissolve this I darn
sure would not want to leave the local recycling center out of the
opportunity to present a proposal to the city to handle the recyclables
that they can handle along with any other private firm that we see that
could handle for the city and my goal was to do it in the most
professional way to handle recyclables at the least cost.
Robert
L. Valentine W1: Otherwise when we do this, we are pretty much
eliminating the contract with the County, correct?
Mayor
Stewart: Yes and there is a reason for that; because the document
that we receive put a very significant limit. They were not going
to take aluminum, steel or plastics. They were going to
take fiber material only. And that was not interested in going to
two places. Now verbally, they have told us that they are going
to take the aluminum, steel and plastic now as well as the paper and
corrugated. Not the glass. No one is going to take the
glass.
Robert L. Valentine W1; Well the point being so
does that leave us up in the air when you do this? Otherwise if
you are talking about contract and if we go with the other side, not
with the county, I am sure they are not going to sign a contract for a
week.
Mayor Stewart: Well, again, verbally we are locked
in to the rest of this month. We pay their $2400.00 dollars or
will. And if we were to continue with the county; If we
were to terminate the agreement, It would be my guess they would want
to continue with the fee that we are paying. Don’t know
that. The letter that was sent to us when they were going fiber
only also suggested that they would reduce the $2400.00 dollars to
$1200.00 dollars. Do you know what the $2400.00 dollars is
for? I am not confident that I know what it is for but I am also
confident that the city is the only one paying that fee.
Ruth Detrow: In other words the county owns the site and so therefore they are not paying for the use of it.
Mayor
Stewart: The Solid Waste District is a separate entity. But
nonetheless, they service the rest of the county residents; they are
going to continue I am told with some recycling dumpsters around the
county. I was told we will not be putting them back in the city
because they get too much trash in them.
Stephen Stuart: Who has title to their current recycling center and their equipment?
Mayor Stewart: I don’t know that Steve.
Robert
L. Valentine W1: Well the recycling center was purchased through
a grant. I think it is $340,000.00. I could be wrong with
the figure.
Stephen Stuart: But that answers
another question then. If it were purchased through a grant then
one thing you could say well does the $2400 dollars, any of that go
towards paying for space; well it wouldn’t. They can’t charge a
lease or rent on space for us if it were purchased through a grant.
Robert L. Valentine W1: Do you serve on the Solid Waste Committee?
Mayor Stewart: There is a committee that meets, yes to answer your question.
Robert L. Valentine W1: I thought the Mayor did.
Mayor
Stewart: Okay, it is Ashland County Solid Waste District,
Dan Scott coordinator, Nancy, Education. Executive committee is
the three commissioners. The Solid Waste management.
(SWMP), Kim Edwards is the chairperson, Glen Stewart, Roy Balkin,
Marianne Rich, Al Sanders. We met early this year and we met about a
month ago, less than that. After we got the closure letter, we
met. They are struggling big time. The sale of the
recyclables was a huge part of their operating budget and the
recyclables are in the pits right now. Dan and others are
struggling.
Robert L. Valentine W1: We use to get a lot for cardboard.
Paul
Wertz: They would get $100.00 dollars for cardboard there for a
long time. Now it is down to $35.00 dollars.
Glen
Stewart: I am not interested in putting the county out of
business. That is not my goal but I have an obligation to provide
this service to the citizens of Ashland at the least cost and with the
most reasonable service and I believe that there is reason to dissolve
the Resolution even though verbally yesterday afternoon we were told
that they were going to start taking some other material that the
letter said that they wouldn’t.
Robert L. Valentine W1; So the point being, if we do this, then it is opened up for them to bid again too.
Mayor
Stewart: I would say that a proposal should be accepted from the
Solid Waste district and anyone else who could meet the criteria that
we set forth.
Robert L. Valentine W1: So it is still open?
Mayor Stewart: Yes. I don’t want to exclude them. That is not my desire.
Robert
L. Valentine W1: I think you, when I say instigate, I mean very
positively as far as county/city, we have had meetings and everything
else. It has been a good relationship and we certainly want
to maintain that relationship but that doesn’t mean, you know. I
think our concern too is what their concern is and that deals with
finances.
Mayor Stewart: And it would appear; and I
only have two ball park numbers from two private firms that they could
be significantly less cost to the city but we don’t have any solid
numbers from anyone and I don’t have Quantified document that they can
put Quantification on and that is a proposal that we will have to
prepare and send out.
Ruth Detrow: This Resolution which
directs you to give notice of termination of the existing agreement is
because the existing agreement has been broken by the county because
they had too. But that is the reason for terminating it, is it
not?
Mayor Stewart: That is correct. The letter that we received and I copied one for all of you;
Ruth Detrow: So we are really saying to them because you broke the contract, we are agreeing to break the contract?
Mayor
Stewart: Yes. It was received on the 28th of April and at that
point in time, they removed the recycling bins the end of April for
those city sites.
Ruth Detrow: And they are not coming back/
Mayor
Stewart: I was told they are not going to put them back in the
city because they received too much trash. But they do plan on
where they told me that they have planned on putting some back around
the committee. If it is too harsh, if you don’t support it I am
okay, but I want you to know I feel there is a need to make some
changes.
Robert L. Valentine W1: Well the only thing is
otherwise the decision has to be made by next week, right? There
is a time element here.
Mayor Stewart: I know that
I can get rid of the material but the material at this point in time if
I can’t take it to the Solid Waste District, I know that I can take it
to one of the other two private firms but I am going to incur
transportation costs because it is not set up. We will not necessarily
have a break in service regardless. There is a potential of an
additional cost if we were to go with a private firm getting compactors
in.
Ruth Detrow: I think this is just simply good
business to make official the fact that the contract has been
terminated because then we can go ahead and ask for bids and we aren’t
taking any chance of doing something that is illegal because we are
still in contract with the county.
Mayor
Stewart: And I don’t know if the county people will contest it or
not. But I believe Rick has gone through this, prepared it and I
shared with him and when I talked with Rick yesterday morning, I had
not received it yet. But the clock is ticking.
Comments or
questions?
Move the Resolution be passed on the first reading by Ruth Detrow, seconded by Stephen Stuart
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Paul Wertz, Stephen Stuart.
Move
to suspend the rules by Paul Wertz, seconded by Stephen Stuart 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 the Resolution be passed by Paul Wertz, 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 Robert M. Valentine W2.
Ayes: Robert L. Valentine W1, Robert M. Valentine W2, Ruth Detrow, Paul Wertz, Stephen Stuart.
Council adjourned the special session at 4:21 p.m.
Submitted by
Valarie Bishoff
Clerk of
Council