President of Council Marjorie Harlow called Council to order on June 17, 2009, at 7:00 p.m.

    The governmental body and those in attendance recited the pledge of allegiance. Mrs. McNear gave the invocation.

    Mrs. McNear took roll call. Present were Council members Danbury, Diehl, Galster, Squires, Vanover, Wilson and Harlow.

    The minutes of June 3, 2009 were approved with seven affirmative votes.

    COMMITTEE AND OFFICIAL REPORTS
    Civil Service Commission                     -     no report
Rules and Laws        -    no report
Finance Committee        -    no report
Planning Commission        -    no report

Board of Zoning Appeals – Mr. Danbury said a variance for an enclosed patio at 881 Yorkhaven was approved 7-0. The owner of 629 Cloverdale requested to store two recreational vehicles on the driveway. That was denied 2-5. A garage conversion at 255 Harter was approved. The elimination of a garage at 1083 Castro was tabled as the owner was not in attendance. A fence and pool were both approved at 12199 Benadir Road.

Board of Health        -    no report
   
Veteran’s Memorial Committee – Mr. Wilson stated a couple of the committee members have talked about having an annual ceremony for the dedication of bricks. That will be discussed later at a meeting.

O-K-I        -    no report    

Mayor’s Report – Mayor Webster said he received a communication from the mayor of Terrace Park stating that on May 22, 2009 he had the opportunity to witness and participate in the naturalization of seventy-five persons from all over the globe. “With the large number of attendants and the location for the event at the local elementary school while in session we wanted to make sure that all present were safe. Thus we asked the Hamilton County Police Association Swat Team to assist with this task. Officer Andy Davis was part of the security team. His contribution at the event was nothing less than professional and illustrates the caliber of the men and women of the Springdale Police Department. Please convey my appreciation and gratitude to Officer Davis for a job well done.”
   
Clerk of Council/Finance Director        -     no report
Administrator’s Report        -     no report
Law Director’s Report         -     no report

Engineer’s Report – Mr. Shvegzda reported the signal contractor has started working again at the SR 4 and Crescentville Road project. The northbound lane on SR 4 at Glensprings project has been started. The bid opening for the SR 747 ODOT paving project will be July 15. The SR 4 lane addition at I-275 is anticipated to start April 2010. We are working in conjunction with ODOT on the Northland Boulevard project. That is scheduled to be awarded February 2010.

Mayor Webster said the SR 4/Crescentville Road contractor was there last Thursday and Friday, and now you can’t find him with a search warrant.   


    COMMUNICATIONS

    Mrs. McNear said we have a letter from Pam McDonald, Vice-President of Government and Public Affairs for Time Warner Cable saying that agreements with carriers expire from time to time and they are usually able to get renewals but sometimes they have to discontinue the programming. She states that the agreement with WLWT is due to expire soon and they may have to cease carrying the station June 30.

    Mrs. McNear said the second communication is addressed to Mayor Webster and it reads: “The Tony Snow memorial dedication committee thanks you for your contribution for a most successful evening. Your proclamation had great impact on the total program. It was a true honor to include such a pillar of respect from the Springdale community. We sincerely appreciate both your time and your civic passion. With great sincerely, Connie Holbauer Pridemore”

    Mr. Osborn said I remember receiving other letters like that over the years as negotiations come down to the wire with the various networks or local television stations. I think as much as anything, it is to leverage this public announcement in the negotiations between the parties.

    COMMUNICATIONS FROM THE AUDIENCE -    none

    ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 15-2009 “AMENDING THE CODIFIED ORDINANCES OF THE CITY OF SPRINGDALE TO INCLUDE CHAPTER 124 ADDING PROVISIONS FOR COMPETITIVE VIDEO SERVICE AUTHORIZATIONS, ESTABLISHING FEES, DEFINING CERTAIN TERMS, AND AUTHORIZING THE CITY ADMINISTRATOR OR DESIGNEE TO PROVIDE CERTAIN NOTICE TO THE VIDEO SERVICE PROVIDERS OFFERING VIDEO SERVICE IN THE CITY PURSUANT TO A STATE AUTHORIZATION; AND DECLARING AN EMERGENCY”

Mr. Galster made a motion to read by title only. Mr. Vanover seconded. The motion passed with seven affirmative votes.

Mr. Osborn said the City received a letter from Cincinnati Bell Extended Territories (CBET) on June 10 announcing that they will begin distributing video services in the City of Springdale. Under the State law we have ten days in which to advise them of any legislation we have on the books that would impose a video service provider’s fee for their services. Just as a quick recap, in 2007 the State changed the law as relates to franchising cable television and other forms of media so that only the Ohio State Department of Commerce can issue franchise agreements. However, the State did provide for a fee-based opportunity for the local jurisdictions. The caveats are that the fees cannot be more than five percent nor can they be any greater than any existing fees in a place with current franchise holders at the local level. We are fortunate that our franchise fee with Warner Cable is five percent so we can go to the full five percent limit. In addition, Warner Cable’s agreement will be expiring with us this summer and as a result we will probably see another letter like this coming to us later in the year. Under this new chapter of the Springdale Code of Ordinances we would impose a five percent fee on their revenue including advertising revenue and we provide for the inclusion of the ICRC as our administrative representative for issues related to programming, etc. We do feel that it is important to get this enacted this evening so we can get our response filed with Cincinnati Bell Extended Territories tomorrow morning as our timeline expires Saturday morning.

Mrs. McNear read Ordinance 15-2009 by title only.

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

Mr. Galster asked does this mean Cincinnati Bell is becoming a direct competitor for Time Warner for cable services and this would be an additional opportunity for Springdale residents?

Mr. Osborn replied that is correct. I am not familiar enough with the technology to tell you at this time whether they will have to install additional hardware in our right-of-way or not. The wire coming into your house would serve as another source of video services much like you would receive from Time Warner.

Mrs. Harlow said this past January when I had Cincinnati Bell out to the house they told my husband that they were in test markets with this type of service and they would be bringing it on line with all their customers within the next couple of years.

Mr. Danbury said it’s my understanding that they have done this in Hyde Park, Oakley and other areas. The competition will be good for the residents.

Ordinance 15-2009 passed with seven affirmative votes.

ORDINANCE NO. 16-2009 “APPOINTING DERRICK PARHAM TO THE POSITION OF CITY ADMINISTRATOR AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE AN EMPLOYMENT AGREEMENT SETTING FORTH CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT AND DECLARING AN EMERGENCY”

The emergency clause was added to the ordinance.

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

Mayor Webster said I apologize to Council and Mr. Parham for bringing this up at the last minute because it is terribly important that we pass this ordinance this evening but I have a problem with the title “Appointing Derrick Parham to the position of City Administrator”. That is not Council’s authority. The intent of this is for you to establish his compensation, not confirm his appointment. I think we ought to clean that up so that it complies with the Charter.

After discussion on the wording, Mr. Galster made a motion to amend the title to read “SETTING THE COMPENSATION AND BENEFIT PACKAGE FOR DERRICK PARHAM IN THE POSITION OF CITY ADMINISTRATOR AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE AN EMPLOYMENT AGREEMENT SETTING FORTH CERTAIN TERMS AND CONDITIONS OF EMPLOYMENT AND DECLARING AN EMERGENCY” and change Section 1 to “That Derrick Parham has been appointed to the position of City Administrator for the City of Springdale by the Mayor effective upon the retirement of the current City Administrator.”

Mr. Danbury seconded. The motion passed with seven affirmative votes.

Ordinance 16-2009 passed with seven affirmative votes. 

RESOLUTION R7-2009 “ADOPTING THE TAX BUDGET OF THE CITY OF SPRINGDALE FOR THE YEAR JANUARY 1, 2010 THROUGH DECEMBER 31, 2010”   

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

    Mr. Osborn said this is a standard document that we do every year. It’s a statement to the Budget Commission of our anticipated revenues and expenditures. The purpose is to allow the Budget Commission to ensure that the local jurisdictions are living within their means. We have taken the expense numbers pretty much directly out of the 2010 year of last year’s five year budget projections. The 2010 revenues are based on actual 2008 modified with the year-to-date 2009 revenues and is our best estimate right now on revenues. We believe these are conservative numbers.

    Resolution R7-2009 passed with seven affirmative votes.

OLD BUSINESS                         -     none

    NEW BUSINESS                         -     none

    MEETINGS AND ANNOUNCEMENTS

    Planning Commission                         -     July 14
    Council                             -     July 15
   
COMMUNICATIONS FROM THE AUDIENCE        -      none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT    -    none

RECAP OF LEGISLATIVE ITEMS REQUESTED        -     none

Council adjourned at 7:40 p.m.

                        Respectfully submitted,




                        Kathy McNear
                        Clerk of Council/Finance Director

Minutes Approved:
Marjorie Harlow, President of Council



__________________________, 2009