President of Council Kathy McNear called Council to order on December 6, 2006, at 7:00 p.m.

 

            The governmental body and those in attendance recited the pledge of allegiance.

 

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

 

            The minutes of November 15, 2006 were approved with six affirmative votes with the correction of a typo.  Change “trail” to trial” on page 8291.

 

            COMMUNICATIONS

 

            Mr. Knox said I will read a portion of a letter form Duke Energy:  “This letter is to inform you that Duke Energy Ohio has filed an application for an increase in rates with the Public Utilities Commission of Ohio in December 2006.  The application will propose an increase in rates of approximately $6.6 million for Ryder AMRP (Accelerated Main Replacement Program) for Duke Energy Ohio’s gas distribution service to effective May 2007.”  This is part of their plan to replace part of the old and getting to be dangerous gas pipes in Hamilton County.  The increase goes from the current $4.80 per month for residential services to $5.80 for residential services.

 

            Mayor Webster read two communications.  One read:  “We would like to thank you and Council for the honor of being presented at Council the lovely clock.  It was an honor and fun to work at the bicentennial events.  Our city is growing and getting more beautiful under your watch.  Sincerely, Harold and Bob Dauer

 

            Mayor Webster read another letter addressed to Mrs. McNear and members of Council, copy to him.  “I’d like to thank the City of Springdale for the beautiful commemorative clock and resolution that was approved commending those that served on the recent bicentennial committee.  It was an honor and privilege to serve as a representative of the Church of the Nazarene and have input regarding this historical celebration.  To be honored for doing something I truly enjoyed made it extra special and memorable to me. . .  Springdale Nazarene is intricately woven into the City of Springdale, and as a result it was our distinct privilege to both host and participate in these historical events.  It is certainly our desire to continue to be of service to our community, a community that will continue to prosper if we all work together toward that end. . . Sincerely, William Marshall Clark, Director of Fifty-five Plus Ministries”

 

            COMMUNICATIONS FROM THE AUDIENCE -         none

 

            Mr. Danbury made a motion that Council go into executive session as a committee of the whole to discuss possible real estate issues.  Mr. Vanover seconded.  The motion passed with six affirmative vote

 

            Council went into executive session at 7:06 p.m. and reconvened at 7:16 p.m.

           

            ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 82-2006  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE AMOUNT OF $340,679.75 TO INCREASE THE CONTRACT OF SUNESIS CONSTRUCTION FOR CONSTRUCTION OF THE KEMPER ROAD IMPROVEMENTS, PHASE 3, CONTRACT B, AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 82-2006 passed with six affirmative votes.

 

ORDINANCE NO. 83-2006  “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO APPROVE A CHANGE ORDER IN THE CONTRACT OF TREND CONSTRUCTION FOR THE CONSTRUCTION OF THE KEMPER ROAD IMPROVEMENTS PHASE 3, CONTRACT A TO ALLOW PAYMENT OF A 5% GENERAL CONTRACT FEE FOR TREND CONSTRUCTION’S COORDINATION OF CONTRACT B AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 83-2006 passed with six affirmative votes.

 

ORDINANCE NO. 84-2006  AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT TO PURCHASE WITH JERMAINE CRUTCHFIELD AND YOLANDA CRUTCHFIELD FOR  PROPERTY LOCATED AT 703 YORKHAVEN, SPRINGDALE, OHIO 45246, AND DECLARING AN EMERGENCY”

 

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

 

Ordinance 84-2006 passed with six affirmative votes.

 

OLD BUSINESS

 

Mr. Danbury said Council has two board positions to address.  One is Judy Simmons on Charter Revision and the other is Mr. Strange from Civil Service.  There are two Mayor appointments to Board of Health also.

 

            NEW BUSINESS

 

            Mr. Danbury said I had a phone call from a resident who saw an article in the newspaper last Sunday on wood boilers, a way to heat your home.  There’s an outside shed that would have a wood stove in it.  Then some kind of fluid would come in and heat your home.  Her concern is that some of these are not that efficient and there are a lot of problems with ashes blowing throughout the neighborhood.  The article stated there could be some health issues as well.  I spoke with Mr. McErlane and he said at this time we don’t have anything on the books to outlaw them.  He said the EPA may have issues.   I thought we could see if the Board of Health thought it could have negative influence on the interior or the house as well as the exterior.

 

            Mayor Webster said I suggest you have your Rules and Laws Committee take it up and then if they need input from the Board of Health, we could discuss it.  Mr. Schneider, do you know of any other communities who have taken this issue up?  Mr. Schneider replied no.

 

            Mr. Danbury said BZA and Planning would also be involved if they are going to have a separate shed out there. 

 

            Mayor Webster asked Mr. Tulloch about the system.

 

            Mr. Tulloch said a friend in Canada has one.  The unit that sits in the yard is probably 100 feet from the residence.  There is a boiler and the logs automatically feed into the fire pit which feeds the boiler.  The liquid is then transferred into radiant heat in the house and then pumped back.  It’s a good system for a rural area.  I don’t know about an urban area, although I don’t know that it’s greatly different from a fireplace.   

 

            Mr. Galster said if there are health considerations it would be nice to know that before Rules and Laws looks at it.

 

            Mayor Webster said we can put it on next week’s agenda.

 

            Mr. Galster said I don’t know how big these sheds are.  I don’t know that they wouldn’t be viewed as a separate structure.  Our code now regulates satellite dishes once you get above the mini dishes.  It seems to me if it requires a structure it is probably covered but we can look at it.

 

            Mr. Vanover stated you want to take into consideration that there are a number of homes in the City with fireplaces that burn wood.  Essentially, that’s what that is except it is attached to a boiler.  The fireplaces are probably no more efficient combustion than what the boiler is.   These systems are not cheap and to retrofit is not a weekend job.   How far into our friends’ and neighbors’ pockets do we want to get our regulations?

 

            Mr.  Wilson said if this storage unit is bigger than what we allow by BZA then it’s a dead issue.  They’ll have to go to BZA and ask for an exception and it’s not going to happen.

 

            Mr. Danbury said the issue is if the Board of Health does not say it’s a health hazard inside, it is a proven fact that it will discharge more ashes in the neighborhood, does Council want to eliminate that issue in advance.  I don’t want someone to go purchase this and then find out it’s a problem.

 

            Mayor Webster said why don’t we let the Building Department spearhead this and gather data about the process?  We can see if any other communities have tried to regulate this and also get sizes. 

 

            Mr. Parham stated the preventive maintenance agreement for this building is up for renewal.  Our current contractor is Premier Mechanical and they are proposing that we enter into an agreement with them again at the same rate, approximately $24,000.  Because it is under $25,000 we would not need legislation but there are times that it requires additional work and other things that we may need.  Therefore, we think it is appropriate to bring legislation before Council.

 

            Mr. Parham continued each time we enter into labor negotiations with our bargaining units the contracts always expire December 31st.  Because you begin the process in one year, when you go into the subsequent year, the fact finder does not have the ability to make financial recommendations towards the group unless each party  decides to sign an agreement.  We’ve signed the agreement in the past and I ask that Council, with a motion, would authorize us to permit the fact finder to make those financial recommendations.  The downfall, if we do not enter into this type of agreement, he/she can’t make those recommendations and if we have to go to fact finding  or conciliation and we choose not to give them an increase in 2007, the conciliator can double, triple or make it even worse for us. 

 

            Mr. Vanover made a motion to allow the City to sign an agreement with the fact finder during bargaining negotiations.  Mr. Galster seconded.  The motion passed with six affirmative votes.

 

            Mr. Parham said the no smoking ban goes into effect tomorrow, December 7, 2006.  We have placed no smoking signs on each public facility building.  We have removed the ashtrays from the foyers as well.  We will have to find something aesthetically pleasing to capture the cigarettes butts of those who are smoking as they enter the building.  Businesses are also required to post these signs.

                       

            MEETINGS AND ANNOUNCEMENTS

 

Finance Committee                                        -           December 11, 3:30 p.m. Planning Commission                                            -           December 12, 2006

Board of Zoning Appeals                                 -           December 19

 

COMMUNICATIONS FROM THE AUDIENCE                        -           none

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT       -           none

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

HVAC service contract                                   -           December 20

Board of Health appointments (2)                   -           December 20

Civil Service appointment                               -           December 20

Charter Revision appointment                        -           December 20

 

Council adjourned at 7:41 p.m.

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2006