President of Council Randy Danbury called Council to order on November 17, 1999, 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 Manis, McNear, Pollitt, Wilson and Danbury. Mr. Vanover arrived at 7:10 p.m.
The minutes of November 3, 1999 were approved with five affirmative votes.
COMMITTEE AND OFFICIAL REPORTS
RULES AND LAWS - no report
PUBLIC RELATIONS - no report
PUBLIC HEALTH, SAFETY & WELFARE - no report
PUBLIC WORKS – Mayor Webster read a report for Mr. Vanover. All areas of Beacon Hills and Allen Avenue have been completed except for pavement repair on S.R. 747 at I-275. The S.R. 747 work is expected to take place the week of November 15.
PUBLIC UTILITIES - no report
CAPITAL IMPROVEMENTS - Ms. Manis said the S.R. 747 CSX grade separation project final construction plans for Stage III are scheduled to be submitted by June 2000 with right-of-way acquisition to take place in the fall of 2000 and spring of 2001. The project is scheduled to be bid in the fall of 2001 and completed by end of 2003.
Ms. Manis said all the storm sewer installation and final restoration work is complete on West Kemper Road Phase II. Work is underway on Glensharon.
The Community Center expansion is progressing.
FINANCE COMMITTEE - no report
BOARD OF ZONING APPEALS – Mrs. McNear reported that Tri-County Furniture at 11101 Springfield Pike requested a variance to allow outside storage of 55- gallon drums. The applicant did withdraw this request because he will have his chemicals mixed off-site.
Arthur Tiedtke, 11830 Lawnview Avenue, requested a variance to allow him to enclose his existing porch which was 25 feet from the property line. This room would be a summer room. The two end walls would have windows to keep the rain out but there would be no glass in the balance of the room. This passed 6-0.
Thomas Heckman, 11551 Madison Avenue, was appealing a stipulation on Variance 29-1999, which was granted in October. He had asked for a variance for an oversized storage barn. The variance was granted with the stipulation that he would have to plant a tree or shrub someplace in front of it. He decided he didn’t want to put anything in there. We took a vote which was 3-3. We feel that it would be turned down but Mrs. Rammes will get back to the Building Department with a definite answer.
Walker Pontiac, 169 Northland Boulevard, requested to take their pole sign from their current location and move it across the street to their new location at the old Recker & Boerger store. Those signs are very expensive and leased from the dealers. They would have some signage on the building as well. This was granted 6-0.
BOARD OF HEALTH – Ms. Pollitt stated the Board of Health meeting was a standard meeting with reports on food samples, pools, nuisance animal control.
O-K-I - - no report
CLERK OF COUNCIL/FINANCE DIRECTOR – Mr. Knox said on the letter I gave to each Council member at Ms. Manis’ request at the last meeting on the audit of Springdale businesses. The audit was well done by Berge and Company. They sampled specific days, on those days we got accurate tax figures. They also took a look at the great range and gave us a feel for what we should expect overall, and again those businesses fell within that. We expected that from that business and for others we are sending the message that this is on going. Every year different businesses are going to be selected. Everything turned out the way we hoped it would and everyone is paying their taxes accurately as far as we can tell.
MAYOR’S REPORT – Mayor Webster said we had our fortieth anniversary celebration this past Sunday here in the building. We had a real good turn out and I think it was enjoyed by one and all. I’d like to read a letter from Rob Portman, Second Congressional District.
"Dear Doyle: I understand that Springdale will celebrate its 40th anniversary as an incorporated city this Sunday. On behalf of the Second Congressional District of Ohio, I’d like to wish you and the residents of Springdale all the best for a memorable event and continued success as a community. Your celebration of this milestone is a fitting tribute to Springdale’s past and a symbol of the city’s growth in the future. Sincerely, Rob Portman"
Mayor Webster said I’d like to thank Cecil and his staff, Martha Brillhart, Debbie Dunfee, Derrick and anybody else who had a hand in putting the thing together. They did a marvelous job. We’ve just come to expect performances like that from the staff but they did a bang up job.
We will resume Mayor’s Night In on Wednesday, November 24 here in the rotunda.
Mrs. McNear said I really enjoyed the celebration on Sunday and getting to meet the people who actually made things happen in this City in the beginning. You listen to some of the stories and it’s amazing that in forty short years we came from this little village. Mr. Neuss, the first mayor, mentioned that we didn’t even have policemen out here. I hope that when I’m 87, or maybe even now, I can be as eloquent as Mr. Neuss is. We really need to show our appreciation to the people who made things happen in this City. We’ve come a long way.
PLANNING COMMISSION – Mr. Vanover reported that Service Merchandise, 11444 Princeton Pike, requested a variance to allow them to hang two banners on their facility for more than the two weeks allowed by code. They are under financial duress and they felt these banners were necessary to carry them through the holiday season. We allowed them to continue until December 31. That passed 6-0.
The replat of lot 4 of the Northwest Business Center was passed 7-0.
Shell Oil Company requested approval of the renovation of the existing car wash at 11595 Princeton Pike. That passed 7-0.
Sofa Express requested preliminary plan approval of alterations at 11750 Commons Drive. That’s the Champion Windows building. The applicant requested to come back next month and address concerns that Planning Commission had.
Walker Pontiac requested approval of alterations at 169 Northland Boulevard. This was passed by Planning.
ADMINISTRATOR’S REPORT - Mr. Osborn said I think the event Sunday went incredibly well and was certainly quite an opportunity for those who participated. The responsibility for that success rests with Martha Brillhart. She was given some general parameters and turned loose and she put the rest of it together by herself. She was assisted by Debbie Dunfee in putting together an invitation list, but she was the principal behind the organization of that event and she did an excellent job.
We need to execute a series of vacation and dedication plats in relation to the Vineyard Church site. I have attached a drawing to this week’s legislative update. The original right-of-way was a standard street running north/south that terminated abruptly in anticipation that someday in the future it would be extended as additional development occurred. With the church taking the remainder of the site and developing it into a single campus, that was no longer going to be the street’s future. The church, instead, developed a cul-de-sac near the end of the existing street. The area south of that cul-de-sac will have to be vacated as City right-of-way. The church will be dedicating as right-of-way, that area that comprises the cul-de-sac itself. We would like legislation at the December 15 meeting vacating part of the right-of-way on Century Circle East and accepting a new right-of-way on Century Circle East.
The City’s past practice has been to make the employees’ rate change effective so that the first pay check in the new year reflects the increase. If we do that the rate change this year would occur on December 19. I will be requesting legislation on December 15 to make those adjustments. In the interim I will be sending you a written recommendation. If you prefer to have an executive session prior to considering the legislation we recommend doing that the evening of December 15. There will be an across the board increase of 3.5% and there may be some minor adjustments as well.
Mr. Osborn continued this is the second year that we have done our budget process in the fall instead of the spring. The public hearing occurred in July when we did our tax budget which we submitted to the Hamilton County Budget Commission. As a result, the schedule we are recommending for Council’s consideration is to have a work session on the 2000 budget on December 15 and have the ordinance before City Council for the adoption of the budget on January 5, 2000. I am steering these items away from your meeting on December 1, anticipating that you will be interested in having a more ceremonial meeting that evening.
Mr. Osborn reported that I was contacted by Larry McDonnough, the treasurer for the Princeton School District this afternoon and was advised that the Princeton Board of Education approved their part of the agreement Monday evening on the NorthKing TIF. It has not been signed due to the absence of the president of the board from the City but it should be executed in the very near future.
The City’s current four year contract for waste collection is expiring at the end of this year and recently Mr. Parham put together specifications and took proposals for a new four year contract.
Mr. Parham said in the previous waste collection contract we had a yard waste program that was incorporated into the process. We made some alterations in the midst of the contract that we no longer separate yard waste, so the specifications were based on waste collection from single family homes and condominiums within the community, dumpster collection at various public facilities, curbside recycling and the recycling drop-off center that we have at the Public Works facility. We decided to add to the specification City disposal of the trash that Public Works will deliver to the contractor's facility. Bids were opened yesterday. There were two bidders: Waste Management, Inc.; and Rumpke. The bids were:
Waste Collection Basic Services
Dumpsters at City Buildings
Recycling Drop Off Center
$130 per haul
$165 per haul
$160 per haul
City Disposal per Cubic Yard
* per household per month
Rumpke was the low bidder. We need to meet with representatives of Rumpke to make sure we are on the same page. I say that primarily because there has been turnover in representatives for Rumpke. The person I have dealt with for 8 or 9 years is no longer there. I hope to have a final recommendation in your mail bins in the next few days and request legislation for December 15.
Ms. Pollitt asked what were we paying before the increase of a year ago?
Mr. Parham replied the original contract was $5.95 when we first bid it. In 1997 Rumpke decided that they would no longer require their individual contractors of single family homes to separate their yard waste. At that time we made a decision not to require our residents to separate the yard waste. We re-negotiated with Rumpke and there was a rate increase to $6.35 per household for 1997 and $6.50 for 1998. We left 1999 open and said we would see our tonnage results from the time we made the switch to the end of 1998 and compare that to the prior years. Once we received the tonnage results I met with representatives of Rumpke and we agreed on $6.70 which is the current rate.
Ms. Pollitt asked if the $.30 increase in hauling is in line with what you would have expected?
Mr. Parham responded I really expected our numbers to come back, even on the basic collection, somewhere around where Waste Management bid. However, in some of our neighboring communities numbers have come back at $6.75. There really is only one player. Although Waste Management bids, I sent the information to Waste Management, BFI and Rumpke. Rumpke probably has 99% of the contracts in the Cincinnati area for residential waste collection; however, they don’t appear to gouge us.
Mr. Osborn said when we negotiated the new rates with Rumpke during the middle of the current contract; we had a commitment to pay them 75 cents a sticker for yard waste. The interim rate increase represented just a little more than a break even for them.
LAW DIRECTOR’S REPORT – Ms. Rammes said the pre-trial and settlement hearing is scheduled for December 16 in the Burns litigation. Judge Sweigert has really encouraged settlement negotiations to take place at that hearing. The trial, however, has been set for January 10.
Mayor Webster said we have heard rumors that the decision that was rendered in October was going to be appealed. Do you know?
Ms. Rammes answered that decision was a decision on the necessity of taking the property. It’s my understanding that that is an interlocutory decision which can’t be appealed until after the decision regarding the monetary portion of the case has taken place.
ENGINEER’S REPORT - no report
"Dear Cecil: What a wonderful celebration to honor the 40th birthday of our becoming a city. I was so happy to have been invited and having been able to see so many of those whose work and dedication were responsible for our becoming the City of Springdale. It was a grand and well done party. My compliments to those involved in staging such a lovely event. Thanks for having me. Jane Huber"
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE 52-1999 "AUTHORIZING A CHANGE ORDER IN THE AMOUNT OF $42,891.50 TO THE CONTRACT OF FRED A. NEMANN COMPANY FOR PHASE II OF THE WEST KEMPER ROAD STORM SEWER PROJECT AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mrs. McNear seconded.
Ordinance 52-1999 passed with six affirmative votes.
ORDINANCE NO. 53-1999 "AMENDING THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO, SECTION 32.02(A) OVERTIME AND ADDITIONAL COMPENSATION
Mr. Osborn said the primary change in the exhibit is the addition of paragraph 4 which treats the assistant fire chief in the same manner as the assistant police chief in paragraph 3 and assistant recreation directors in paragraph 2.
Ms. Manis asked in 2, 3, and 4 where it says the assistant chief, recreation directors may receive additional compensation, who decides that, their department head?
Mr. Osborn replied yes. The guidelines are fairly specific. They would have to be working outside their scope of their duties to the City and working in the place of another supervisor.
Ms. Manis asked what if they took the place of another patrol officer in the Police Department?
Mr. Osborn replied I don’t think that’s going to happen. The only time the assistant chief is called in is when they are below minimum staffing and there is no supervisor present. If we’re above minimum staffing, a patrol officer will serve as the acting shift commander and he gets a bump in pay for doing that.
ORDINANCE NO. 54-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH TERRY D. GAINES TO SERVE AS MAYOR’S COURT MAGISTRATE FOR THE CITY OF SPRINGDALE, OHIO AND DECLARING AN EMERGENCY"
Mrs. McNear made a motion to adopt and Mr. Vanover seconded.
Mayor Webster the amount of the contract is identical to what Council has approved the previous four years. However, Mr. Gaines, in this contract, will be a contractual employee, not an employee of the City; thereby we save the PERS of $2,500 a year. Secondly, I’m sure most of you follow the Legislative Bulletins. Four years ago I asked Council to consider hiring a magistrate and Council agreed to do that and it put us in the forefront. We were probably the fourth or fifth city to do so. It was a wise decision on all of our parts to do that because the Sixth Circuit Court of Appeals rendered mayors presiding over Mayor’s Court as illegal. Sharonville tried to resist it and found out that they weren’t exempt. Anywhere the Mayor has budgetary authority, he cannot sit in Mayor’s Court and cannot set bail bond. We would not have had any choice this year but to do this. I urge the passage of this ordinance again this year.
Ordinance 54-1999 passed with six affirmative votes.
ORDINANCE NO. 55-1999 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH PATRICK J. GARRY FOR PUBLIC DEFENDER SERVICES FOR THE CITY OF SPRINGDALE, OHIO AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Mayor Webster said Mr. Garry takes these cases for $125. If someone demands a public defender, rather than send our forces all over town, we give that defendant a continuance, give him Mr. Garry’s phone number and it’s up to the defendant to contact Mr. Garry to defend him in court. Then we pay Mr. Garry $125. We budget $1,000 a year for that and so far, to date we have spent $1625. I think this is the first year we have exceeded the $1,000 budget. If we don’t do this we are at the mercy of the public defender downtown, which had not charged us. However, they told us on numerous occasions that they were going to start charging us and we had no contract with them. It’s a matter of time until they refuse the services because we have not entered into a contract. I think there is a tremendous savings for us to keep these cases in Springdale and I urge the passage of this ordinance.
Ms. Manis asked since it’s basically illegal now to be Mayor’s Court shouldn’t we look at changing the name of it?
Mayor Webster replied Mayor’s Courts are still legal; mayors just cannot preside over them.
Ms. Rammes stated Mayor’s Courts are a statutory creation and so calling them Mayor’s Courts is what’s required. The Sixth Court decided that there are a number of municipalities who cannot have the mayor presiding over Mayor’s Court. Their concern is relating to the influence that any discretion over budgets would have upon the mayor’s decision on issuing fines and collecting monies form the defendants. There are certain Mayor’s Courts where mayors can preside but that has to be where the mayor does not partake in any budgetary decisions, discussions, etc.
Ms. Manis asked Ms. Rammes if she thought the name of Mayor’s Court would be changed at some point. Ms. Rammes replied probably not.
Ordinance 55-1999 passed with six affirmative votes.
ORDINANCE NO. 56-1999 "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. Vanover made a motion to adopt and Mrs. McNear seconded.
Mayor Webster said we have $25,000 a year budgeted for this activity. Through October we had dispensed $12,150. I have asked Mr. Osborn and Mr. Laage to try to clarify some things on the bill and on the next contract to make it easier to interpret.
Mr. Osborn stated there are no substantive changes in the text of the contract except in rates. We had some questions on the billing and trying to square that against language in the contract, specific to work that we had anticipated would be covered under the retainer but which was being billed separately. When you read the current language closely you find that those areas such as consultation with agencies other than the Police Department, such as the Board of Health, Building Department or Tax Department are billed at the hourly rate. They are not a major portion of the contract but still it was a matter of confusion for us. We have clarified that a strict reading of the contract is the way he was billing those items and there is no disagreement on that point presently. We didn’t fashion any new language with this agreement, primarily because a number of people were out of town last week and now that we understand how it is being done, we can administer it over the next year. My point to Mike was that that is fine for right now but for clarification in the future, on the next year’s contract we ought to refine the language a little bit. The rate changes that have occurred in this version of the contract increase the retainer from $8,200 to $8,600 a year, a 5% increase; and the hourly rate has increased from $102.50 to $110 an hour, 7.3% increase. This is one of the few increases we have seen the prosecutor’s position receive in the last several years.
Ms. Manis asked is the reason he has to carry insurance is because he travels as a City employ and the others do not?
Ms. Rammes said that would be my understanding. I’m not that familiar with this contract, per se, but he does travel and I would assume that is the reason for that.
Ordinance 56-1999 passed with six affirmative votes.
RESOLUTION R24-1999 "AUTHORIZING THE CITY ADMINISTRATOR TO FILE AN APPLICATION WITH THE OHIO PUBLIC WORKS COMMISSION FOR LOCAL TRANSPORTATION IMPROVEMENT PROGRAM (LTIP) FUNDS AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO EXECUTE ALL CONTRACTS AND OTHER DOCUMENTS"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Mr. Danbury asked when do you think the whole project is going to start and when do you think it will end?
Mr. Osborn said the intent is to do the design of the road in 1999/2000; do right-of-way acquisition in 2000, start construction in late 2000 and be completed at the end of the 2001 construction season. That’s all predicated on the funding coming through. Our application is one of three jurisdictions involved here. We heard back from the Hamilton County Engineer’s Office on our two applications; the East Kemper Road application and this East Crescentville project. They both scored fairly well but the East Kemper Road project scored much higher. In fact, I think it placed third in the entire county. It’s in fairly good position to be awarded the funds we have requested. This project is right on the bubble and it really is going to depend on the appeal process and, if some projects fail to materialize this one still has a chance. Assuming the funding comes together for us, the schedule I outlined earlier would be our best estimate right now.
Mr. Danbury asked will this impact the underpass that we are going to have?
Mr. Osborn replied we would like to have this project out of the way if we could prior to the serious work on the underpass, but if not, and the monies come to us at the same time it will be hard to pass up the millions of dollars we are getting for the underpass and the opportunity to get three separate jurisdictions working at the same time on East Crescentville Road. I think we need to let both of them run their course.
Mr. Danbury said I would assume that both Sharonville and Butler County are applying for funding as well. If one backs out we’d be back where we are.
Mr. Osborn stated any of the parties could back out but I know Butler County had applied for funding through their process and they have greater control over the process since it’s the County Engineer’s Office making the application. Sharonville also applied for funding under this. In both cases we had multiple projects. As far as I can tell all jurisdictions are committed to getting this job done.
Resolution R24-1999 passed with six affirmative votes.
Mr. Danbury read a letter from Mr. Shuler. It says "CDS Associates Inc. is very pleased to have completed another year of service to the City of Springdale and is looking forward to continuing our service in 2000. At this time we are requesting a modification to our contract to adjust the fee schedule for services performed January 1, 2000. For 2000 we are proposing to use our 1998 fee rates which is keeping with our commitment we made to the City to provide services using our two-year old fee schedule. We are not requesting any adjustment to the base retainer or other items or conditions of the contract." Do we need to make a change to your fee because one says you want to keep it the same and the other says you want to make modifications?
Mr. Shuler responded the retainer stays the same. The fee schedule for any work requested is what we modified for the 2000 fee schedule.
Mr. Vanover said I found out the type of employees we have and I have to give Mr. Dave Butsch some accolades. Monday morning we had a water main break at the corner of Ledro and Tavel. The homeowner on whose frontage it occurred had already contacted Cincinnati Water Works and they did a good job of notifying people and fixing it; but much to my chagrin, when they left they did a less than admirable job of cleaning up. Tuesday morning I spent the better part of an hour on the phone with various individuals at CWW and expressed my concern and lack of appreciation for the job that they did. I asked Dave Butsch if he could give me a contact because I was getting the run-around down there. He came through and Cincinnati Water Works was in the neighborhood this morning hosing out what was left of the mess. Mr. Butsch did offer to have the City crew come down and clean it up but I did not think that was fair as it was not their mess to clean up. Again, I want to say thanks to Mr. Butsch for his assistance in this matter.
Mr. Vanover continued we have an area behind the cul-de-sacs of Tavel and Navonna that is just an open field. I would like to see us explore the possibility of doing some tree planting back there. I know we have a storm sewer that passes through there and we don’t want to affect that but I would like to do something along those lines.
Mr. Osborn replied we can certainly look into it.
Mr. Danbury requested a resolution for Peggy Manis for the next meeting.
MEETINGS AND ANNOUNCEMENTS
Mayor’s Night In - November 24, 6-8 p.m.
Mayor Webster said we will be canceling the December meeting because that is three days before Christmas. We will resume again in January.
The tree lighting ceremony will be Sunday, November 28 at 7:30 p.m. If the weather is bad we will have everything inside.
Mr. Danbury said at the next meeting we will have the swearing in of the public officials and we will be going out to dinner as a group.
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
New Zoning Regulations - open
Waste Collection - December 15
Vacation and Dedication Plats at Vineyard Church - December 15
Employee Compensation - December 15
Resolution approving second amended certificate
For fiscal year 1999 - December 15
Final Supplemental Appropriation & Transfer - December 15
RECAP OF LEGISLATIVE ITEMS REQUESTED
Contracts for CDS and Wood & Lamping - December 15
Resolution for Peggy Manis - December 1
Five board appointments - December 1
Council adjourned at 8:15 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Randy Danbury, President of Council