†††††††††††††††††††††††††††††††††††

††††††††††† President of Council Kathy McNear called Council to order on June 15, 2005, at 7:03 p.m.

 

††††††††††† The governmental body and those in attendance recited the pledge of allegiance.†† Mr. Knox gave the invocation.

 

††††††††††† Mr. Knox took roll call.Present were Council members Danbury, Galster, Pollitt, Vanover, Wilson and McNear.Mr. Squires was absent.

 

††††††††††† The minutes of June 1, 2005 were approved with six affirmative votes.

 

RESOLUTION NO 7-2005 ďCOMMENDING RITA HART ON RECEIPT OF THE FLORENCE NIGHTINGALE AWARD FOR NURSING FROM THE UNIVERSITY OF CINCINNATI COLLEGE OF NURSINGĒ

 

Ms. Pollitt made a motion to adopt and Mr. Vanover seconded.

 

Ms. Pollitt said I would just like to let Council and the audience know what a pleasure and honor it is to serve on the Board of Health with Rita.I think you bring a lot of your education and dedication to that board.

 

Mayor Webstersaid Iíd like to add that before I became Mayor I had not met Mrs. Hart.Fortunately my predecessor had named Mrs. Hart to the board.I served with Mrs. Hart for a year before I had the pleasure of nominating her to the Board of Health.She is one of the stalwartís of that board.I canít say enough about what she brings to the table.The City appreciates your contribution to the Board of Health.

 

Resolution R7-2005 passed with six affirmative votes.

 

RESOLUTION R9-2005 ďCOMMENDING KATHERINE M. DIVIS FOR HER DEDICATION AND 30 YEARS OF SERVICE TO THE SPRINGDALE POLICE DEPARTMENTĒ

 

Mr. Vanover made a motion to adopt and Mr. Wilson seconded.

 

Mayor Webster said Iíd like to point to Kay as a representative of the Cityís work force.We have so many employees that have the dedication and commitment to their jobs and to the City.This is what makes this City a very special place.We will miss you a great deal, Kay.

 

Mr. Danbury said Kay could have retired six months ago but she knew how it would hurt our system so she volunteered to stay on.You definitely will be missed.

 

Mr. Vanover said I canít say thanks enough to you, the Chief and the men and women in blue.

 

Mr. Galster said we have had the Chief in here many times and he has brought officers with him but Iíve never seen them all standing and showing the respect and admiration for an individual that I believe they are showing here tonight.You can talk about longevity and you can talk about making a difference.I think thatís much more important and I think you have made a difference in this department.Congratulations on your retirement.

 

Mr. Osborn said you and I started the same year.It has been a pleasure working with you all these years.Kay was a very integral part of that addition we made to the Police Department in 1974.I donít have the words to thank you for everything you have done for the City.

 

Ms. Pollitt said congratulations.I know you will be missed but I also know you have trained some wonderful people to follow in your footsteps.

 

Mr. Wilson and Mr. Knox added their congratulations.

 

Mrs. McNear said I wish the people on television could see the police officers standing at attention.There are sixteen officers and people from the Police Department lined up standing at attention.Iíve never seen anything like this in all the years Iíve been on Council.I think itís a great honor to you that you are so well respected.

 

Resolution R9-2005 passed with six affirmative votes.

 

Chief Laage stated this is a bittersweet night honoring a long time worker and friend.It has been a strain working three shifts but Kay has always been there.Kay has always been our contact outside the PD with the computer system.She has made a lot of changes within the RCIC system.She has been the officersí voice for all the techs downtown who make that computer system work.Kay made a lot of changes for all the officers in Hamilton County based upon her representation for us.Also, Kay has been the historian for our department.She will continue that role in her part-time assignment.

 

The police officers and representatives gave Kay a police salute and said goodbye.

 

††††††††††† COMMITTEE AND OFFICIAL REPORTS

††††††††††† Civil Service Commission†††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

Rules and Laws†††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

Public Relations††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

Public Health, Safety & Welfare††††† ††††††††††††††††††††††† -†††††††††††††††††††††† no report

 

Public Works - Mr. Wilson said the 2004 street program project is substantially completed.There are a few punch line items to be taken care of.The 2005 street program has been awarded to Brock & Sons Construction.Construction is anticipated for July through October.

 

Public Utilities††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

 

Capital Improvements ĖMr. Danbury stated on the CXS project the switch over to Progress Place is scheduled for this week.The Phase II streetscape construction will begin in late summer and be completed by May 2006.†† The Community Center roof replacement is complete.The work on the Municipal Building roof should begin July 5.Kemper Road Phase II construction should start in February 2006.

††††††††††

Finance Committee Ė Mr. Wilson reported they met June 8 and discussed banking proposals.The proposal from US Bank was accepted.

†††††††††††

Planning Commission††††††††† - Mr. Galster stated Planning Commission did not meet last night but they did have a phone poll on the solution to the Super 8 tree replanting situation.A counter off was made through his attorney and six members agreed to it.

 

Board of Zoning Appeals†††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report††††††††

Board of Health†††††††† ††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

 

Veteranís Memorial Committee Ė Mr. Wilson reported they met tonight and considered names for the board of directors.We are still trying to get a booth set up for the 4th of July festival and have a presence there.

 

O-K-I Ė Mr. Knox said OKIís board has voted that we do not adopt the amendment to the strategic plan for congestive pricing (toll roads) but recommended that the board consider it as part of the overall strategic regional policy plan.

 

Mr. Danbury asked where would they have toll roads?

 

Mr. Knox replied both new and old roads that are most congested.

 

Mayorís Report††††††††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

†††††††††††

Clerk of Council/Finance Director Ė Mr. Knox said there are two items on the agenda tonight.One is adopting the codification of the 2004 changes to the ordinances of Springdale which I highly recommend.The second one is confirming US Bank as depository for active or interim funds and six other banks as depositors for interim funds.†††††††††††

 

Administratorís Report Ė Mr. Osborn said the Springdale Kiwanis would like to present their two scholarships to Springdale residents at the July meeting.Our custom has been to have resolutions honoring those students.

†††††††††††

Law Directorís Report††††††††† ††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

Engineerís Report†††††††††††††††††††††††††††††††††††††††††††††††††††† -†††††††††††††††††††††† no report

 

††††††††††† COMMUNICATIONS

 

††††††††††† Mr. Knox said Mayor Webster received a letter from Auditor Dusty Rhodes: ďIíd like to update you the progress of the 2005 reappraisal process.I am enclosing the 2005 tentative aggregate valuation summary reports that show the effect of the reappraisal on the City of Springdale.In addition, property owners in Hamilton County began receiving tentative value notices in May.These notices will afford them an opportunity to review their tentative evaluation to be involved in the six-year state-mandated reappraisal which will be completed in 2005.If after reviewing their tentative value, property owners have four ways in which to communicate concerns or questions about this value.1)They may call our special 24-hour hotline number.2)They may send in the homeownerís response form found in their tentative value notice.3)They may visit us on our internet website.4)They may meet one-on-one with an appraiser from our office at the neighborhood conferences that will be held throughout the county.Ē

 

††††††††††† COMMUNICATIONS FROM THE AUDIENCE

 

††††††††††† John Browne, 559 Observatory Drive, said I am having some issues with some building codes.Now we have some safety issues as well.I have talked with some building inspectors but their hands are tied so Iíd like to expose the issues and see if something can be done.There is a van with historical plates sitting in the neighborís driveway.The van has never left the driveway.In fact, the house is unoccupied.Weíve asked the person to move the van but she says she doesnít have to.There is also a drainage pipe that runs next to the driveway.I stepped in it last week and almost hit the van.The drainage pipe is capped off.Weíve asked her to put dirt and grass seed in there but she refuses to do it.The bushes next to the garage have grown onto my property.The building inspectors say I can trim them back as long as I donít kill them.Iím tired of trimming these bushes.

 

††††††††††† Mr. Osborn said I will be glad to check with the Building Department to get more details on this issue.I can tell you that they are correct, that if the van is roadworthy and licensed, thereís not too much we can do about a vehicle sitting on private property.I donít know if there is a code issue with the pipe but I will follow up.As for the bushes I think they gave you the only answer they could give you.Thereís no point where the City can get involved in this.I would suggest that you might consider private legal counsel.This type of dispute comes up fairly regularly between neighbors but that is a dispute between neighbors.

 

††††††††††† Mr. Danbury said our hands are tied because it is private property.Itís tough for us because even though we could agree with you that it may look unsightly, we have no right to tell someone they have to paint it or whatever.Do they have a garage they could park it in?

 

††††††††††† Mr. Browne replied they have a garage but I donít know if they could get it in height-wise.

 

††††††††††† Mr. Danbury asked if the vegetation got so big that it possibly tore out a gutter, would the owner of the property next to Mr. Browne be liable for any damages?

 

††††††††††† Mr. Forbes said I canít give you an answer on that.In essence, itís a dispute between two private property owners.Iím not really prepared tonight to advise Mr. Browne on his legal rights.Because the City is not involved it is not something that I would be prepared to answer tonight.

 

††††††††††† Mr. Browne said to put heat on our neighbor the law does say she has to move it every thirty days.

 

††††††††††† Mr. Osborn said there is a requirement that it has to be moved every 48 hours or so if itís parked on a public street.

 

††††††††††† Mr. Browne said two of my neighbors are working with the building inspectors also.They came out and she had to move it every thirty days but that was back in January.

 

††††††††††† Mr. Osborn replied Iím not familiar with that regulation but Iíll check on it.

 

††††††††††† Mayor Webster said Mr. Browne, I donít want you to think weíre unsympathetic because we have a lot of rules and regulations on the books to try to keep the City as presentable as possible, to eliminate blight wherever we see it.I think itís certainly worthwhile for us to take a look at our ordinances because if we have a pile of junk that is a pile of rust sitting in a driveway, just because it has historical plates on it the present ordinance doesnít allow us to do something, then we ought to amend them to see what we can do.†† This is certainly detracting from the value of a lot of homes on the street and especially, if itís now creating a safety hazard with jagged edges and rusty fenders.

 

††††††††††† Mr. Galster asked have you ever thought about approaching them and buying it?Maybe her problem in getting rid of it is finding a place to get rid of it.

 

††††††††††† Mr. Browne said maybe you should take into consideration that itís all right if the person lives there, but this person doesnít even live in the house.The house is vacant.I think this is a house she inherited from her father.

 

††††††††††† Mr. Danbury said perhaps we could ask her if she would like to donate it to the Fire Department.If itís just sitting there, she has to pay to license it and she has to move it all the time.If it hasnít moved in five years it probably isnít worth much.

 

††††††††††† Mr. Vanover said besides licensing the vehicle, she has to carry liability insurance also.That might be an avenue there.

 

ORDINANCES AND RESOLUTIONS

ORDINANCE NO.29-2005 ďENACTING AND ADOPTING THE 2004 SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCYĒ

 

Mr. Danbury made a motion to adopt and Mr. Vanover seconded.

 

Ordinance 29-2005 passed with six affirmative votes.

 

 

ORDINANCE NO. 30-2005 ďAUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO RENEW THE CONTRACT WITH NEXT STEP NETWORKING TO PROVIDE NETWORK AND LAN ADMINISTRATIVE SERVICES FOR THE CITY OF SPRINGDALE LOCAL AREA NETWORK AND DECLARING AN EMERGENCYĒ

 

Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.

 

Mr. Danbury asked did we bid this out?

 

Mr. Osborn responded this is the renewal of an existing contract.†† We are not required to because this is a professional service.We have been with this company seven or eight years.They are highly competent and the maintenance of our IT system is not something I want to take a chance on with the unknown unless this company was truly out of line with costs.We just took proposals on this last year and they were the best proposal at that time.

 

Mr. Galster asked did we have to tap into the additional charge for additional hours last year?

 

Mr. Osborn replied we went over our limit three months last year but they chose not to bill us.

 

Ordinance 30-2005 passed with six affirmative votes.

 

ORDINANCE NO. 31-2005 ďCONFIRMING THE DESIGNATION OF DEPOSITORIES BY THE FINANCE COMMITTEE OF COUNCIL, INCLUDING US BANK, N.A., AS THE DEPOSITORY FOR THE ACTIVE AND/OR INTERIM DEPOSITS AND KEY BANK, BANK ONE, N.A., NATIONAL CITY BANK, NORTH SIDE BANK AND TRUST COMPANY, THE FIFTH THIRD BANK OF CINCINNATI, OHIO, AND STAROHIO AS DEPOSITORIES FOR INTERIM DEPOSITS OF THE CITY OF SPRINGDALE, OHIO; DECLARING ALL PUBLIC MONIES COLLECTED OR TO BE COLLECTED DURING THE PERIOD OF DESIGNATION TO BE ACTIVE OR INTERIM DEPOSITS; AND ESTIMATING THE PROBABLY MAXIMUM AMOUNT OF MONIES SUBJECT TO DEPOSIT THEREIN AT ANY TIME DURING SAID PERIODĒ

 

Mayor Webster and Mrs. McNear excused themselves from any discussion regarding Ordinance 31-2005 because of possible conflict of interest.

 

Mr. Galster made a motion to read by title only and Mr. Danbury seconded.The motion passed with five affirmative votes.

 

Mr. Galster made a motion to adopt and Mr. Wilson seconded.

 

Mr. Knox stated this is for a period of two years from July 1, 2005 to June 30, 2007 with an option for one more year.

 

Mr. Galster made a motion to adopt and Mr. Wilson seconded.

 

Ms. Pollitt said on the banking bid summary report, we have annual credit card fees.Could you explain that for me?

 

Mr. Knox responded Mr. Williams and Mrs. Holden noticed that the credit card fees were rather high during the recent period of time, so given the $110,000 in credit card deposits made last year, they ran that against the proposed rates.The two lowest banks are US Bank and Bank One.

 

Ordinance 31-2005 passed with five affirmative votes.

 

Public Hearing

RESOLUTION R8-2005 ďADOPTING THE TAX BUDGET OF THE CITY OF SPRINDALE FOR THE YEAR JANUARY 1, 2006 THROUGH DECEMBER 31, 2006Ē

 

Mr. Osborn said this is an annual exercise required by the Ohio Revised Code.Itís a test to see if our projected revenues are reasonable.The County Budget Commission examines this document and if we are anticipating revenues that seem out of line to them, then they will reduce our certified revenue accordingly.We take the expenses and revenues out of the five-year budget and put them right in here.We do very little review of those numbers at this level.I do believe the revenue projections we are presenting to the County are conservative.

 

Mr. Danbury made a motion to adopt and Mr. Vanover seconded.

 

Resolution R8-2005 passed with six affirmative votes.

 

OLD BUSINESS

 

Mr. Danbury stated Mr. Galsterís son was on a championship soccer team and I would like to have a resolution at the next meeting.One of the soccer players, Bret Bossell, also plays baseball.He was in the finals for the run, hit and pitch for Kentucky, West Virginia and Ohio.There were 400 to 1200 participants and Bret won.He will be in the national finals.I would like to have a resolution for him also.

 

Mr. Knox reported Mr. Williams received the Certificate of Achievement for Excellence in Financial Reporting for his comprehensive annual financial report.We have received the plaque, the fourth in a row.

 

††††††††††† NEW BUSINESS

 

††††††††††† Mr. Knox said in the absence or disability of the Clerk of Council/Finance Director a member of Council appointed by the majority of Council will be the Acting Clerk of Council/Finance Director.I will be absenting myself from the City for approximately sixty to seventy days starting late next week so it is incumbent for you to select someone to take over the job for two months.I will miss the July and August meeting.

 

††††††††††† Mr. Vanover nominated Kathy McNear to fill in during the interim.Mr. Danbury seconded.The motion passed with six affirmative votes.

 

††††††††††† Mr. Danbury said due to the succession order Mr. Vanover would now be president.Should we have a vice-president?

 

††††††††††† Mr. Galster asked are you not still president of Council acting as Finance Director also?

 

††††††††††† Mr. Forbes said the Charter says a member of Council has to be elected to fill in during an absence.It doesnít make any reference to stepping down from any other role or function that Council member might serve on.I donít see any inherent problem acting as President of Council during Council meetings and also fulfilling the duties of Clerk of Council/Finance Director.If you chose to step down the President Pro Tem would step up.I donít see that itís required by Charter.

 

††††††††††† Mrs. McNear asked could I defer to Mr. Vanover to read the ordinances during Council?

 

††††††††††† Mr. Forbes replied yes, that would be fine.

 

††††††††††† Mr. Osborn stated while our Charter may be silent on the issue of holding the two positions simultaneously, I would think it would be appropriate to check the State Code.I know that there are a number of combinations of positions that are held to be in conflict and cannot be held by the same person.I donít know that that is the case here but it might not hurt to verify before we commit to this approach.

 

††††††††††† Mr. Forbes stated you can proceed with appointing Mrs. McNear to that position.I will look at that issue and if it is an issue, you can take the appropriate steps to have Mr. Vanover act in that capacity or whatever the appropriate resolution is.

 

††††††††††† Mr. Danbury said our ordinances are signed by the President of Council, Clerk of Council and the Mayor.

 

††††††††††† Mayor Webster said that is a good point but the Clerk of Council is attesting that this is what transpired.He is not voting on issues.

 

††††††††††† Mr. Wilson saidI donít know about coveringFinance but in the past Mr. Vanover has sat in for Mr. Knox as Clerk of Council. Weíve already set a precedence.

 

††††††††††† MEETINGS AND ANNOUNCEMENTS

 

††††††††††† Crossings in the Park ribbon cutting†††††††††††††††††††††† -†††††††††† June 21

††††††††††† Spirit of Springdale festival††††††††††††††††††††††††††††††††††††† -†††††††††† July 3 and 4

††††††††††† Board of Zoning Appeals†††††††††††††††††††††††††††††††††††††††† -†††††††††† June 21

†††††††††††

COMMUNICATIONS FROM THE AUDIENCE†††† - ††††††††† none

 

EXECUTIVE SESSION

 

Mr. Danbury made a motion that Council go into executive session as a meeting of the whole to discuss real estate and personnel matters.Mr. Galster seconded.The motion passed with six affirmative votes.

 

Council went into executive session at 8:35 p.m. and reconvened at 8:49 p.m.

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT-†††††††††† none

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

Kiwanis scholarship resolutions††††††††††††††††††††††††††††† -†††††††††† July 20

Soccer team resolution††††††††††††††††††††††††††††††††††††††††††† -†††††††††† July 20

Brian Bossell resolution†††††††††††††††††††††††††††††††††††††††††† -†††††††††† July 20

 

Council adjourned at 8:50 p.m.

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

 

 

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† EdwardF. Knox

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2005