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HomeMy WebLinkAbout1970-0505 REG MINMINUTES FOR REGULAR MEETING ASHLAND CITY COUNCIL MAY 5, 1970 The regular meeting of the City Council was held in the Hillah Temple on Winburn Way on the above date. The meeting was called to order by Mayor McKeen. All Councilmen were present. APPROVAL OF MINUTES: It was moved by Bailer, seconded by Willstatter that the mintues of the April 21, 1970, regular meeting and April 24, 1970, adjourned meeting be accepted and placed on file. Motion carried unanimously. DEPARTMENTAL REPORTS: None STANDING COMMITTEE REPORTS: a. Finance & Property Committee - No Report b. Public Service Committee Chairman Haines reported that he had received a letter from the Bonneville Power Administration which stated that the City of Ashland must make application to the Administration to see if it would be feasible to obtain power from the Administration for the City. It was moved by Haines, seconded by Willstatter that the City of Ashland immediately make application to the Bonneville Power Administration for Bonneville power. Considerable discussion followed. Roberts asked Haines if this action would be binding to the City in any way. In reply, Haines quoted a section of the letter which explained that said application would merely provide a means of determining availability of the firm's power; to determine if such service would be economically feasible and to review other aspects of providing this service. Haines explained that the application would not commit the City; however, it is the only way the City of Ashland can find out if it can get Bonneville power. City Attorney Skerry pointed out that he had not been consulted in regard to this matter and feels that it would be premature for the City to proceed with the application until staff has had an opportunity to review the material, etc. Haines pointed out that, until we make such application, the Council has nothing to consider. It was pointed out by the City Administrator that the Finance & Property Committee, and Mr. Bailer in particular, was informed that on February 9, 1970, Mr. Bsohears had visited Bonneville Power Administration offices and had received considerable infor- mation from them on this matter; and, if the Finance & Property Committee would set a date for a meeting, he would be happy to review the material with the committee members. Council Minutes -2- May 5, 1970 Roberrs indicated that he felt Haines' proposal had some merit and should certainly be pursued. However, he did not understand the haste involved and would urge that the matter behandled through the proper channels such as the Finance & Property~!Committee and then back to the Council for action. Mayor McKeen asked Haines if the Public Service Committee had discussed the matter previously. Haines indicated that he and Councilman Jones had reviewed the matter. Mr. Richard Cottie, member of the Finance & Property Committee, indicated that in the latter part of March this particular committee had discussed this matter. He reported that the committee had decided that, as soon as possible, the City of Ashland would invite representatives from Bonneville Power Administration to come down and talk with the entire Council. Mr. Cottie then asked Haines when his letter of request was written. Haines replied that the letter was written on April 22, 1970 and addressed to his home address. Following more discussion, Willstatter withdrew his secgnd to Haines' motion and Haines withdrew his motion. Mayor McKeen referred the matter to the Finance & Property Committee for study and recommendation. Willstatter requested a roll call vote on the issue. It was moved by Willstatter, seconded by Dodge that the matter be referred to the Finance & Property Committee. On roll call, carried unanimously. c. Streets & Traffic Committee - No Report SPECIAL COMMITTEE REPORTS: 1. Ashland Development Commission - Coordinator Soderberg reported that the Development Commission recommended deletion of the controversial section 2 of the resolution providing for the operation of the Jackson County Housing Authority in the City of Ashland. He indicated that the Commission recommended approval of the standard form of resolution, since the Housing Authority has assured the City that information will be available for future use by the City in areas of planning. Coordinator Soderberg pointed out that a letter had just been received from the Housing Authority assuring the . Development Commission that such information as referred to in the Authority's letter of February 18, 1970, will be made available. The letter also expressed the Authority's desire to cooperate in the hope that it may make a very worthwhile contribution. It was moved by Willstatter, seconded by Dodge that the Ashland Development Commission minutes of April 3, 1970, and April 21, 1970, be accepted and placed on file. On roll call, carried unanimously. COMMUNICATIONS: 1. City Administrator Boshears reported that a letter had been received from Mr. and Mrs. Kenn6th Wion, 972 Mary Jane Avenue, Council Minutes -3- May 5, 1970 appealing the April 13, 1970, decision by the planning Commission which denied their application for a variance on the height of a fence on their property. Following brief discussion, it was moved by Bailer, seconded by Roberrs that the matter be re£e.rred to the Streets & Traffic Committee for review and recommendation. On roll call, carried unanimously. 2. City Administrator Boshears reported that a letter had been received from Mr. and Mrs. Richard Bourne, 935 Mary Jane Avenue, appealing the April 13, 1970, decision of the Planning Commission in denying their application for variance on height of a fence. In a letter dated April 24, 1970, Mr. Bourne indicated that 17 people in his vicinity had signed a petition in favor of the retention of the fence. It was moved by Bailer, seconded by Jones that the matter be referred to the Streets & Traffic Com- mittee. On roll call, carried unanimously. City Administrator Boshears indicated that he was just handed a letter from Mr. Gerald Scannel, representing both the Wions and Bournes in their fence variance situations. The letter requested tha~ the two appeals be tabled until the Planning Commission has made a decision regarding the Shakespeare Festival fence problem. It was moved by Bailer, seconded by Jones that the letter be considered along with the Wion and Bourn~ appeals. On roll call, carried unanimously. At this time, Council received copies of letters from both the Economic Development Commission and Ashland Development Commission urging the retention of Development Coordinator Soderberg. It was moved by Haines, seconded by Bailer that the letters be accepted and placed on file. On roll call, carried unanimously. City Administrator Boshears announced that the Board of County Commissioners and the County Budget Committee has approved the establishment of a county-wide library system, which would enable the City of Ashland to transfer its library operation to the county operation. A savings of $50,000 would be realized, he indicated; and the City will be asked to pass on one-half of the $50,000 to the citizens of Ashland. A Council resolution will be necessary for the above mentioned transition. An official letter has not yet been received from the County Board of Commissioners confirming the new library system; however, it should be received shortly. / SPECIAL AGENDA ITEMS: Unfinished Business: Based on the authority invested in the Council under Article 6, Section 2, authorizing the Council to remove any appointive officer, Haines hereby moved that Mr. Boshears, appointed as Administrator and Electrical Superintendent, be terminated effective immediately. Under Article 7, Section 22 of the Ashland City Charter which provides that the Council is res onsi- ble for spending money for ~mprovements and expenditures, t~e Council Minutes -4- May 5, 1970 Administrator saw fit to order a report, withheld the report to the detriment of the citizens of Ashland, has paid, by his own admission to the Council in private meetings, a sum exceeding $2,800 under various budgetary items; asked for the approval of the payment of the bills without disclosing the true purpose of the expenditures. The Mayor requested that the motion be in the form of a resolution. Considerable discussion followed regarding whether or not a resolution was necessary for the dismissal. Mr. Karl Clinkenbeard, representing the City Council as City Attorney in this matter, indicated that he did not know of-any provisions in the City Charter or City ordinances which require that a resolution be adopted in order for the Council to take this action. It was moved by Bailer, seconded by Dodge that the Council appeal the decision of the chair. The Mayor asked if the decision of the chair shall be sustained. On roll call, defeated S-l, with Roberts dissenting. City Attorney Skerry asked Mr. Clinkenbeard if he had discussed the matter of any legal liability if this motion were to pass. Mr. Clinkenbeard replied that he had not had an opportunity to review the matter; however, he pointed out that he was convinced that the Council does have a legal right to discharge the City Administrator. The City Administrator asked to have the reason for his dismissal explained again. Willstatter replied that Council is not obligated to make any charges against the person being dismissed. Boshears explained that a certain reference contained in Haines' motion should perhaps be clarified because he is not certain of its validity. On roll call on Haines; motion to dismiss Mr. Boshears, carried 5-1, with Roberrs dissenting. At this time, Dr. William Sammons indicated to Council that there were a number of people in Ashland who would like to see the dismissal decision postponed until after the recall election. Haines pointed out that discussion was not allowed after a motion had been voted upon. / It was moved by Willstatter that, due to the urgency of the situation, Robert Nelson be appointed as Acting City Administrator for the interim period. Mayor McKeen pointed out that he is to appoint an Acting City Administrator, with confirmation of the Council. Finance Director Robert Nelson explained to Council that he could appreciate the position of the Council at this time; however, prior to his acceptance. of the Finance Director position, he indicated in his job application that he was not considering Council Minutes May 5, 1970 the position of Director of Finance as a stepping stone to an Administrative position. He pointed out that he felt no obligation. to accept the additional responsibility of Acting City Administrator, but would be happy to assist in.a~y way he could. Y Following more discussion, Willstatter moved that the Mayor step down from the chair at this time because he appears to be emotionally involved in the issue and let the Chairman of the Council continue with the matter. The Mayor pointed out that he was emotionally involved as any person would be in the same position as he. At this time, Mr. George Pierson presented a resolution to the Council calling for the Ashland Police Department to disarm. He also made reference to~he tragic death of four Kent State University students. Ordinances, Resolutions & Contracts: 1. .City Attorney Skerry read resolution approving application of provisions of Section 23 of the U. S. Housing Act of 1937 as amended in regard to the operation of the Jackson County Housing Authority in Ashland. It was moved by Willstatter, seconded by Dodge that the matter be tabled: On roll call, carried unanimously. 2. City Attorney Skerry read ordinance amending Subsection 1 of Section 2 of the City Electrical Code. It was moved by Haines, seconded by Bailer that the rules be suspended and ordinance passed to secoud reading by title only. On roll. call, carried unanimously. Following second reading by title only, it was moved by Willstatter, seconded by Haines that Ordinance No. 1653 be adopted. On roll call, carried unanimously. There being no further business, the meeting was adjourned subject to the call of the Mayor. lcr City Recorder '