President of Council Kathy McNear called Council to order on November 16, 2005 , at 7:00 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, Squires, Vanover, Wilson and McNear. 

 

            The minutes of November 2, 2005 were approved with seven affirmative votes.

 

            Mr. Galster stated I would like to express my sympathies and condolences to past Council member Peggy Manis who in a very short period of time lost her mother and then her sister. 

 

            PRESENTATION OF CHECK TO VETERAN’S MEMORIAL CAMPAIGN

            Mr. Wilson stated with us this evening is my immediate supervisor, Mr. Robert Ford.  AllState has a Helping Hands Grant that an employee can get for his/her favorite organization.  For the second year in a row AllState has graced us with another $500 check that Mr. Ford is going to accept.

 

            Mr. Ford presented the check to Randy Danbury, Steve Galster and Robert Wilson.  Mr. Ford said we try to continue to partner with the communities, cities and organizations.  We are committed not only to the community but also the Armed Forces.

           

            COMMITTEE AND OFFICIAL REPORTS

            Civil Service Commission – Mr. Tony Potts said we are monitoring and supporting the recruiting process for patrol officers.  There were 231 applicants for patrol officer; 167 took the exam, 145 passed and 77 took the physical fitness test.  Forty-one passed the physical and five are pending makeup testing.  The next step is to administer the CVSA exam for the top candidates at this point.

 

            Mr. Squires asked how many officers do we plan to hire?

 

            Mr. Parham answered two.  One officer left our employment and another just recently retired.

 

            Mr. Potts stated we will retain the pool of candidates for a period of time.

 

Rules and Laws                                                                 no report

Public Relations                                                                 no report

Public Health, Safety & Welfare                                         no report

 

Public Works – Mr. Wilson said the curb replacement and resurfacing in the Observatory area is complete.  The city-wide concrete repair is scheduled to be completed by November 30.  However, the contractor is behind schedule.

                                                                                           

Public Utilities                                                                     no report

 

Capital Improvements – Mr. Danbury said construction is continuing on the CSX grade separation.  The switch over to the permanent track alignment will be done in January due to the volume of traffic at this time.  They are working on the bridge wing walls.  The completion date may be pushed out towards the end of next year.  Phase II of the streetscape lights and conduit are being installed followed by street light and signal foundation.  This will be completed in May 2006.  Additional information has been requested by ODOT on the former Bing’s site.  They will be including that in the program.  The SR 4 improvements at Crescentville are in the design phase.  Construction will start in 2007.  Fairfield has requested some modifications in the alignment of the north end of the project.  Kemper Road Phase III issues with a bridge foundation concept will be resolved with CSX.  Detailed bridge design is underway.  We are meeting with John Morrell and Lowe’s on how the roadway project and the water main project will affect potential development along the way.  The agreement with the City and Greater CWW is on our agenda tonight.  The Chamberlain Park wall construction is done.  The HVAC replacement at the Fire Department will have a bid opening November 30.

 

Mr. Galster asked will we be curbing along the front of the Bing’s property back to CVS?

 

Mr. Osborn said we are installing the same concept of the streetscape across the entire frontage with a standing curb, pavers, one tree wall, and light pole.  We are going to ODOT because there are fixed prices in that contract already and rather than go out and get our own contract, we have asked ODOT to approach the contractor for a proposal to do a modification to the contract.   We are going to do the concrete work separate with a third party. 

 

Mr. Galster asked if we do the modification, will we have the same percentage of match?

 

Mr. Osborn replied no, this will be 100% City of Springdale.  The cost of the streetscape element was $35,000.

 

Mr. Squires said it looks like they are way ahead on the CSX project.

 

Mr. Osborn responded they are behind schedule.  If everything doesn’t go exactly right on the change over, they will be way behind.  They should have gotten the work to a point where they could have done the changeover in October.  They failed to meet that deadline through the failure of the contractor to stay on schedule.  The railroad has a blackout period when they will not do the changeover because of the increased level of rail traffic going to the UPS Center in Sharonville.  There is some painting that has to be done on the bridge before they can reconstruct the tracks on top of the bridge and that work hasn’t been done.  I find it pretty frustrating that we are this far into the project and the contractor is losing ground.  ODOT has told the contractor that any loss of time due to the delay in changing over to the new alignment will be the responsibility of the contractor and ODOT will seek liquidated damages.

 

Finance Committee                                                            no report

 

Planning Commission – Mr. Galster said the final development plan for Howard’s insurance office was approved 7-0.  The next item was a major modification to the PUD plan for Tri-County Mall.  We saw preliminary plans and elevations and it looks good.  That was approved 7-0.  They will be before Council for a public hearing at the second meeting in December.  Super 8 Motel asked for an extension to allow 100% of the tree replanting in one year, rather than 50% being done at this date.  That was approved 7-0.  He has been making financial contribution payments and is up to date on that.   A ballot was cast for Mr. Dave Okum to become a member of the Hamilton County Planning Commission.  We should know those results soon.

                                                                                           

Board of Zoning Appeals                                                    no report

 

Board of Health – Ms. Pollit said we had the second reading of Regulation 1-2005 regulating food operations fees.  The board received a request to endorse a petition for a smoke-free Ohio.  Tobacco Free Ohio wants to have all indoor smoking banned in work places in Ohio.  No decision was made by the board.  Cities Readiness Initiative will be attended by the Health Commissioner and other public safety officials.  They will work together so that if a need arises they will be able to work together and not duplicate services.   We were supposed to have a demonstration of the SWIPERS system but that was postponed until the next meeting. 

                                                                                           

Veteran’s Memorial Committee – Mr. Wilson stated a $500 check from AllState was received tonight.

 

O-K-I – Mr. Knox said Mayor Elect Mark Mallory requested to address the OKI Council.  He was head of the Senate committee on transportation.  He struck a very good note with the OKI Council.  He will have an influence on the Brent Spence bridge.

                                                                                           

Mayor’s Report                                                                   no report 

Clerk of Council/Finance Director – Mr. Knox stated we have the Certificate of Achievement for Excellence in Financial Reporting for last year.  Mr. Williams has a perfect record so far.

 

Administrator’s Report – Mr. Osborn said the Food for Fines program will be used again this year from November 24 to December 25.  The program was initiated by Al Maupin in 1999.  The City will accept canned goods or packaged food for payment for the City’s share of fines levied in Mayor’s Court.  The donations average about $10,000 in value.  We not only accumulate cans through Court but people come in and make donations.  The food was donated to Soul Ministries and The Vineyard food banks last year.  Council agreed to authorize to do this again this year.

 

Mr. Osborn said Ms. Pollitt mentioned the Health Initiative coming up in November with observation opportunities for the public safety departments to see what the health departments would do in a major event.   Coincidently, for a three-day period this week several department directors have been tied up in a Weapons of Mass Destruction training put on by Homeland Security.  It teaches the organization how to do risk assessment, planning and response to a terrorist threat involving WMDs.  We are all learning a great deal and it will have a positive result.  The process is transferable from one disaster to another.  

 

Mr. Parham said the public hearing for the Greencastle house is set for December 7.  A copy of the notice was sent to the property owner.  Legislation provides for several methods of making delivery.  We chose to use several of those.  One was a personal delivery.  The Police Department attempted to serve him notice on a current violation.  At the time they felt there was someone home but nobody responded.  He has since had that case transferred to Hamilton County Municipal Court.  We have notified him by mail also.  You can also advertise in a local newspaper three times in three separate weeks and we have done that as well.  A notice was sent to the property owners in that area inviting them to attend the hearing and speak.            

 

Law Director’s Report                                                        no report

Engineer’s Report                                                              no report

 

            COMMUNICATIONS

 

            Mr. Knox said OKI is requesting that Council name one person who is an elected official to represent the City to the OKI Regional Council.  Mr. Knox was nominated and elected by acclamation.

 

            Mr. Knox stated the second communication is from Time Warner Cable.  Time Warner Cable has a new arrangement with Comcast.  They seem to be concerned that people might get the wrong impression out of this so I will read what they say.  “There will be no transfer of the current system or any applicable local franchise and they will continue to be held by the same affiliate of Time Warner Cable.  Local management and staff will remain the same.  There will be no change in control.  There will be no change in their commitment to provide customers with the best programming choices.  The transaction will have no impact on our business policies or practices.  The local management will continue to report to the same executives at Time Warner Cable.”

 

            COMMUNICATIONS FROM THE AUDIENCE -         none

 

ORDINANCE NO. 55-2005  AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH DONALD W. WHITE TO SERVE AS MAYOR’S COURT MAGISTRATE FOR THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCY”

 

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

 

            Ordinance 55-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 56-2005  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH JONATHAN SMITH FOR PUBLIC DEFENDER SERVICES FOR THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCY”

 

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

 

Mr. Danbury asked how many times do we use the public defender?

 

Mr. Parham replied when we first instituted the public defender position we had very little use of the public defender.  There seems to be quite a bit more activity this year.

 

Mr. Wilson asked is Mr. Smith bilingual?

 

Mr. Parham replied we are getting a lot of use from interpreters, mostly Spanish and quite a few Russian interpreters.

 

Mr. Knox said I think he understands Spanish but not enough to serve in Spanish.

 

Ordinance 56-2005 passed with seven affirmative votes.

                                                                                           

ORDINANCE NO. 57-2005  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH JOHN H. FLESSA FOR PROSECUTING SERVICES FOR THE CITY OF SPRINGDALE, OHIO, AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 57-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 58-2005  AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH GREATER CINCINNATI WATER WORKS (GCWW)”

 

Mr. Vanover made a motion to add the emergency clause and Mr. Danbury seconded.  The motion passed with seven affirmative votes.

 

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

 

Ordinance 58-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 59-2005  AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH PECK, SHAFFER & WILLIAMS, LLP, AS BOND COUNSEL FOR THE CITY OF SPRINGDALE, AND DECLARING AN EMERGENCY”

 

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

 

            Mr. Osborn said we started using Peck, Shaffer and Williams, in particular Brenda Weimer, as special counsel to assist us with issues we have with Pictoria Island.  We then went on to use her for the Tri-County Bond TIF.  She structured the legislation for that TIF.  We have found her to be an excellent authority in bond law and we would like to formalize that relationship as requested by the firm.  We have been working on a case by case basis since January.

 

            Mr. Schneider said the only issue we have to be alert to is that they will provide an estimate on each project for us.  They will bill at their normal rates and if there are any necessary adjustments because of length of time and responsibilities, they would discuss that with us before any additional fees are charged. 

 

            Mr. Knox stated when you get into bonds you get into several different agencies being involved in them.  I think this is a necessary thing.  

 

            Ordinance 59-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 60-2005 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF POLICE, OHIO LABOR COUNCIL, INC., AND DECLARING AN EMERGENCY”

 

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

 

Mr. Parham said the process has concluded.  There was one final step remaining, a conciliation hearing, and we were not successful.  The officers have the ability to go to an arbitrator after a Civil Service process, rather than to court.  Our position was to keep it as it has been and they have tried to have it totally changed out of Civil Service.  At the hearing the FOP decided to adopt the factfinder’s position as their position.  The conciliator chose to take that position event though we pointed out very clearly to her that, upon appeal to Civil Service, if the officer or FOP does not like the decision of Civil Service, they have the ability to appeal it to an arbitrator.  If the City does not like the answer of the Civil Service, it ends there.  We do not have the same appeal ability as the officers.

 

Mr. Danbury asked is this retroactive?

 

Mr. Parham responded the wages will be.  Everything else is from this date on.

 

Ordinance 60-2005 passed with seven affirmative votes.

 

ORDINANCE NO. 61-2005 “AMENDING ORDINANCE NO. 64-2004 TO PROVIDE FOR WAGE INCREASES AND DECLARING AND EMERGENCY”

 

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

 

            Mr. Parham said this legislation only identifies police sergeants and lieutenants, the supervisor positions.  Ordinance 64-2004 included the total wage package for the City with the exclusion of patrol officers.  We awarded all employees a 3.5% increase.  The contract with the FOP is for 4% in 2005.  We’ve always tried to keep the supervisors’ salaries parallel to the officers.  You want to keep that extra incentive for officers to become supervisors.    This ordinance provides for a ½% increase.

 

            Ordinance 61-2005 passed with seven affirmative votes.

 

OLD BUSINESS                                                         -           none

 

            NEW BUSINESS

 

            Mr. Danbury asked has the City ever looked into the bus stop area on Kemper Road by CVS?  Every time I’m there, there is a bus there and it really holds up traffic.  Also, a lot of people get off the bus and walk across the street, and it’s not a pedestrian area. 

 

 

            Mr. Osborn stated we looked at that problem some time ago and it was even more severe than it is now.  We did move the bus stop farther west to get more stacking capacity there.  The problem is that Kemper Road is two lanes in that area.  We’ll take another look at it and see if there’s anything else that can be done short of widening the road or providing a bus pull off.  Another problem is that there are right-of-way limitations as we go further west in having enough room to put in a pad for a bus stop.  That’s a very much used bus stop.  The further we put it west, the more we expose those riders to walking across a very busy street to get to a parking lot.

 

            Mr. Wilson said I have gotten a few calls from people who use that bus line and their concern was inadequate lighting.  Is it possible for us to get another lane?

 

            Mr. Osborn replied yes, but we’d have to buy more right-of-way.  There is a severe upslope to the north which means we’d have to build a wall or buy enough of a slope easement to grade it back into the yards of those properties.   We could try to work something up for costs.

 

            Mr. Wilson said it appears more and more people are using the bus to go to work downtown.  It might pose a bigger problem than it is now with stacking, inadequate lighting and people trying to cross the street to get to their vehicles and blocking traffic.  If we have adequate lighting and a place where the bus could pull off, then people could take their chances getting across the street.  Some drivers want to get home and they may not be as courteous as some drivers.

 

            Mr. Osborn said that’s not going to change.  Even if we have a pull off they will still have to find a way across the street.  Unless they go all the way back to Springfield Pike and use the light, that same risk is going to be there.

 

            MEETINGS AND ANNOUNCEMENTS

 

            Swearing in of District Council Members                   -           December 1

            Tree lighting ceremony                                               -           November 27

           

COMMUNICATIONS FROM THE AUDIENCE            -           none

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

Fred Borden’s position at BZA                                    -           December 7

Modification to PUD at Tri-County Mall                       -           December 7

 

Council adjourned at 8:13 p.m.

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2005