President of Council Kathy McNear called Council to order on June 18, 2003 , at 7:00 p.m.
The governmental body and those in attendance recited the pledge of allegiance. Mr. Vanover gave the invocation.
Mr. Vanover took roll call. Present were Council members Danbury, Galster, Squires, Vanover, Wilson and McNear. Ms. Pollitt was absent.
The minutes of June 4, 2003 were approved with six affirmative votes.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission Ė Mr. Strange reported that Civil Service met June 5. The Commission reviewed the remaining budget for the years. We received an update on where we are with the hiring of the patrol officer and the CVA testing.
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works Ė Mr. Wilson stated the SR 4 ODOT resurfacing project from Cameron Road to Glensprings began June 11. The project should be completed by the end of June.
Public Utilities - no report
Capital Improvements Ė Mr. Danbury said the streetscape project is completed. We are discussing with CG&E the removal of three street lights. The Grandin and Peach intersection will be on flash until we finish the resurfacing project this month. Kemper Road Phase II is under construction and should be completed by late summer. The Sharon Road/SR4 intersection is done. There is no change in the SR 747 grade separation. The Beavercreek Restoration bid was opened June 5 and the low bidder was Sunesis Construction. The construction will take place between June and November this year. ODOT awarded the West Sharon Road bike path project to Barrett Paving to start later this month.
Finance Committee - no report
Planning Commission Ė Mr. Galster reported that the public hearing for a conditional use permit for the proposed drive-thru at Dunkin Donuts was continued until the next meeting. The public hearing for a conditional use permit for an outdoor seating area at Graeterís was also continued. A zoning change and preliminary plan for the Crossings at the Park which is the GEEAA Park from GB/OB and RMH-1 to PUD was approved 7-0. There was a renovation of the façade at the fabric store at Princeton Plaza. Pier 1 Imports is going to move in there. That was approved 7-0. A zoning map amendment for CMHA Senior Housing Complex, 11111 Springfield Pike from GB and residential to PF-1 (Public Facilities) was approved. This will also have a public hearing before Council on August 20. There was a concept review for a condominium project at 309 West Kemper Road. The plan was to put six duplexes and five garden type homes on the property with access off of Hickory as opposed to Kemper. The plan is a lot better than what we had the first time but I think there is still a big difference of opinion as to what is the proper use of that land and how much density would be allowed in the future. The item was tabled. The applicant for the Grand Convention Center at 11775 Commons Drive came before us to take over from 100,000 to 150,000 square feet to start with, possibly growing from there, to put in an exhibit hall. The major stumbling block was parking and it just needs to be looked at. The final item was a dedication plat at the northwest corner of Springfield Pike and Glensprings Drive. That was approved 7-0.
Board of Zoning Appeals Ė Mr. Squires said Mrs. Beverly Kittanah, 12027 Benadir Road asked for a variance to allow a utility building to remain 1í7" from the property line at this address. The Building Code requires that it be five feet from the property line. This property was purchased in 1999 and the shed was there. A motion was made to allow Mrs. Kittanah to keep the shed in place on the condition that it stay there only as long as she owns the property and/or if the shed is torn down and replaced, it has to conform to current building codes. Itís my understanding that the variance goes with the land and I would like to get a legal response on this.
Mr. Forbes said without responding to this exact variance since I wasnít there, I would say in general, the variance does run with the land. A condition that says if the shed is removed that anyone else would have to comply with the current code, I would question.
Mr. Galster asked would it be possible to have a temporary variance?
Mr. Forbes replied a variance runs with the land. It canít be conditioned; it canít be temporary. It is different from a conditional use.
Mr. Osborn stated there is a distinction between a legal, non-conforming use and a variance.
Board of Health Ė Mayor Webster said the Board has not met since May but it will meet tomorrow night. We are in the final phase of selecting a new health commissioner and we would hope to conclude that process tomorrow evening and hopefully have the person here to introduce to you at the next Council meeting.
Veteranís Memorial Committee Ė Mr. Wilson stated we are beginning to receive donations. We are in the process of printing up some materials, such as tee-shirts, polo shirts, hats, etc. for possible sale. Mr. Galster is talking with people in authority to see if we can sell these over the July 4th weekend.
Mr. Galster reported these are not projected to be our major fund raiser but it does allow us to get the awareness out there initially. We have also started soliciting contributions. We have some nice commitments so far.
O-K-I - no report
Mayorís Report Ė Mayor Webster said last evening I attended a silent auction. This is a picture of the oldest living person in Springdale, Mr. Elmer Huber, who is 104 years old and an infant. I think this will look good in the Mayorís office. It connects our past with our future.
Mayor Webster said over 300 members of the Elks Club Ohio State Association are at the Best Western. Mr. Wilson and I just attended the kick-off there and extended the royal welcome to our city. It was quite an impressive organization.
Clerk of Council/Finance Director - no report
Administratorís Report Ė Mr. Osborn said I have some comments on the Beaver Run Creek restoration project but Iíll save those until the legislation comes up. We would like for Council to consider legislation to approve a change order for our East Kemper Road Phase II contract with Barrett Paving. This relates to the area west of Springfield Pike on Kemper Road over to the culvert by the Presbyterian Church. The project we had a couple of years ago when we put a storm sewer in and repaved the road is new pavement. The area from Vanarsdale east is going to be new pavement. There will be a stretch in-between that is deteriorating rapidly and it doesnít make sense to have a gap like that between two brand new paved segments. Barrett has the SR 4 paving project under contract with ODOT and also our East Kemper Road and bike way projects. The cost to pave and repair that section of the road is $35,450. Of that amount we would need to do a change order on the East Kemper Road project in the amount of $26,950. We would then do a separate PO with Terry Industries for $8,500 to do the DRM intermediate layer that seals and prevents reflective cracking coming in from the old pavement. This is unbudgeted but we have suggestions on how we could come up with that money. As part of the 2003 capital budget under the street repair program we have miscellaneous repairs for $50,000 but we can get by on $25,000. In addition, the East Crescentville paving we are doing with Butler County had been budgeted for $100,000. Butler County has a current estimate of $65,000 for our share. We believe we are not running much risk to assume that we can cover that additional $35,000 for that gap area. We ask Council to entertain that at the next meeting. I would like to ask Council for a motion tonight approving this so we can get this done at this cost.
Mr. Danbury made a motion to approve the change order and Mr. Galster seconded. The motion passed with six affirmative votes.
Mr. Osborn said the schedule is for them to come in Saturday and Sunday this week and do this DRM intermediate layer.
Mr. Osborn continued I have a request by the Police Department that the City consider amending our local code to reflect the change in state law that reduces the level for sobriety testing from .1 to .08. The State of Ohio is putting this new standard into effect July 1 and we request legislation at the July 16 meeting amending our local code to reflect this reduction to .08. The Law Directorís office is working on this.
Mr. Osborn said the Ohio Revised Code has been amended to require that owners of dogs meeting the definition of vicious dog must have $100,000 in liability insurance against damage or bodily injury to or the death of a person caused by the viscous dog. Weíd like to have this in place. We already have a viscous dog ordinance but we believe this liability insurance required by state law is a very valuable asset to the community. Weíd like to have this language in our local code.
Law Directorís Report - no report
Engineerís Report Ė Mr. Shuler said hopefully they will do the final resurfacing on SR 4 next week.
COMMUNICATIONS Ė Mayor Webster said Mr. Knox had received a communiqué from a Mrs. Ramsey on Park Avenue complimenting the City on the new chipper service. She thinks itís great.
Mr. Vanover said I have a note from Carol Dempsey on Park Avenue that theyíre happy with the chipper service. The other communication is from the Hamilton County Board of Mental Retardation and Developmental Disabilities. Itís addressed to Mr. Knox and reads, "Thank you so much for allowing Hamilton County Board of MRDD to present at your June 18 Council Meeting. We look forward to meeting some of the fine citizens of Springdale and help them get to know our agency better. Gay Cavelle will be representing our agency and at your meeting will do a brief ten minute presentation and will be happy to answer any questions your Council members may have. Again, thank you for your cooperation. Please do not hesitate to contact me if any further information is needed. Sincerely, Michelle Rogers"
RESOLUTION NO.9-2003"COMMENDING JIM BURTON FOR HIS DEDICATION AND SERVICE TO THE CITY OF SPRINGDALE"
Mr. Danbury made a motion to adopt and Mr. Wilson seconded.
Mr. Danbury said it seems like weíre doing this a lot now, seeing great employees moving on in life. Jim, itís been a pleasure knowing you as a resident and Council person and I think your little girl has a great father. I think one of the most exceptional things we have is the fact that we had to add on to the Community Center and you were still functioning. I donít think our residents saw any demise to the services that they had. Youíve built a great staff. Thank you very much for all the time youíve been here.
Mr. Wilson said I first met Jim when I moved to the Cincinnati area. He always knew where he was coming from. He shot straight from the hip. He has proven leadership skills. Weíre going to miss you, Jim.
Mr. Vanover said in tribute to Jimís intestinal fortitude, you notice who has the grey hair. Itís not Jim. I knew as a coach that anything he could do for us, he would. He made everything a level playing field. He was the epitome of a recreational director and I consider him a good friend too. Weíll miss you but I know you left it in good hands.
Mr. Galster said anytime we have a long-term employee in the City retire and move on, itís always tough to watch the person go, but itís also rewarding to know that weíve had such good quality people at the top level of these departments. Not only have they performed their jobs and services to the greatest extent of their ability but theyíve also built a whole department that is ready to take over and continue with that same level of service.
Mr. Osborn said itís hard to sum up in words what our relationship has meant to me over the last 26 Ĺ years. Mr. Wilson mentioned leadership. We really try to have our department directors be leaders, not authority figures, but leaders. Youíve been the roll model for that type of directorship. Your ability to deal with critical issues head on without equivocation, without trying to evade the problem has singled you out as an extraordinary person. Youíve faced quite a number of those circumstances, anything from a dispute between coaches to a ruckus on the field, someone doing something they shouldnít be doing, not to mention the programming. The one item in the resolution specific to your ability to evolve over the years and put forth programming that reflected the interest of the community is dead accurate. If we were just playing softball, basketball and soccer, we wouldnít have very much of a recreation program. Think about what percentage of our program is made up now of events and opportunities for individual leisure time experiences that would not be in place. This came about because of your leadership. Youíve also shown great ability to not only change with that need to come up with new programs, but youíve also been very aggressive in trying to make sure that our community center reflects the make-up of our community in terms of its racial make-up. You have attempted to bring people in to assist you in looking into programming opportunities for different cultures in our community. On a personal level, you have been a rock that I have just totally relied on. I know your successor, Greg Karle, has great competency and we expect great things of Greg, but Day One, Week One, when Greg came through the door, there was still a big hole in the week for me, not having you on staff. I wish you all the best. He took retirement to pursue a second career and Iím sure he will enjoy that. I hope you donít lose contact with us down here. I want to personally thank you for all your assistance and all youíve done for the City over the last 26 Ĺ years.
Mayor Webster said Jim, I want to tell you sincerely that we appreciate everything youíve done for the City. In 1985 you were named Recreation Director and you ran the recreation center. In your retirement you are the Recreational Director but you are managing running the Community Center. We have evolved from recreation to a full-fledged community center. Weíve done that under your tuteledge and we will be eternally grateful for all of your contributions in making that happen. I also think someone alluded to the difficult circumstances you and your staff had to endure for one and a half years. It was beyond whatís expected of anyone with the operating conditions and situations you had to function in. You guys kept your heads above water and kept the doors open through fires and floods. We appreciate some of these difficult situations you had to encounter over your career but we wish you and your wife, Rhonda, nothing but the best in the future years.
Mrs. McNear said I thought this canít be twenty-seven year. I remember when you showed up at the Recreation Center and we worked together. I hope the years seemed to fly by as quickly for you as they seemed to have done for us. I wish you all the best in your retirement and new career and the best to you and your family.
Mr. Burton said itís an honor to come before you once again. Let me first thank Mr. Osborn for moving this part up on the agenda because after being at Disneyworld for a week itís hard to entertain a four year old this late in the evening. Just in case Mr. Karle wants to make a run at that, it was April 1, 1981 that I was appointed Recreation Director. Itís been my privilege to serve the residents of Springdale and I think we have left the program and facilities in good hands. The success we have had has been because of the staff. It was with the Administrationís blessing that the staff was given the opportunity to get involved in the expansion and I think thatís one of the reasons we had the outcome that we did. When you come in at 26 years old and leave at 53 years old, you grow up with people. Certainly Mrs. Webster sitting there has helped me grow up. There were occasions in the evening at the community center that she told me that that demeanor and behavior wasnít appropriate and believe me, I took that to heart. Mr. Danbury, your words were too kind. Sharon about fell out of her chair when you said youíd never seen me angry. Of course, we did that in-house. Madam President was the ceramics instructor when we first started. Iíd be remiss if I didnít go back and thank Mr. Osborn and former Mayor Johnson for the opportunity to get started. Mayor Webster was here with the City when I came and I think he might have been one of those coaches we might have had to calm down. Our relationship has been lengthy. Itís been a lifeís experience and itís been my pleasure to work for the people of the City of Springdale. I appreciate the kind words. It was always my intent to do my very best and I know the people who are there will do the same.
Resolution R9-2003 passed with six affirmative votes. Mayor Webster presented the resolution to Mr. Burton.
Presentation Ė Hamilton County Board of MRDD - Gay Covell
Ms. Covell gave a presentation about what the Hamilton County Board of MRDD does. Ms. Covell said I hope you will take time to read over the brochures and if you have any questions, Iíd be happy to answer them.
Mayor Webster said I see where you get $7.2 million from the State. We have all heard about the budget crunch the State is undergoing. Is this going to affect your funding from the State?
Ms. Covell replied yes, we have already had some cuts but our primary sources of funding are Medicaid and local tax dollars.
Mayor Webster said you mentioned group homes. There are some imbedded in our neighborhoods. Are those facilities that you contract for?
Ms. Covell responded many people live in what you think of as a group home and most people are familiar with that. For the last ten to twelve years we are trying to provide services that are more community based and in peopleís own homes. We do have many people who live in their own apartments, their own homes or with their families. We contract with private agencies to provide services within those settings.
Mr. Danbury said I would like to compliment you and the field that you are in. Everybody should be involved in something to help people like that. Do you offer services for parents of disabled children, like a support group? I know a lot of parents canít get out because they donít have anyone qualified to take care of the individual with special needs.
Ms. Covell said we directly serve individuals but you cannot divorce the individuals from their families and we serve their families as well. We do provide respite services. We do have support groups. In the last six months we have started up a family network where families come together and receive training and share their experiences.
Mr. Danbury said one of the biggest concerns some residents Iíve talked to have is whatís going to happen to their children when they pass on. Do you offer any type of special estate planning through this organization that can ensure that the children are taken care of?
Ms. Covell answered we have information for families about estate planning. Itís very important that families are aware that if they have a person who is dependent upon public benefits, that you have to plan your wills very carefully to protect their assets. You also have to consider things like guardianship. We have information available and a list of attorneys who are knowledgeable in that area.
Mr. Danbury said I have a cousin who lives in Indianapolis who went through the programs that you have and he has an apartment and a job at Meijerís. Heís self-sufficient. They have people who come in and check on him. He would give anything to have the facilities that most people have but itís through efforts like what you are doing that give him a sense of belonging and self-worth. I think itís wonderful.
Ms. Covell replied thank you very much. We like people to become taxpayers, get jobs and contribute to their community. They do have a lot to offer even if they do have a disability.
ORDINANCE NO. 22-2003 "ENACTING AND ADOPTING THE 2002 SUPPLEMENT TO THE CODE OF ORDINANCES OF THE CITY OF SPRINGDALE, OHIO"
Mr. Squires made a motion to adopt and Mr. Wilson seconded.
Ordinance 22-2003 passed with six affirmative votes.
ORDINANCE NO. 24 -2003 "AUTHORIZING THE CITY OF SPRINGDALEíS PARTICIPATION IN THE MIAMI VALLEY RISK MANAGEMENT ASSOCIATION (MVRMA) WORKERSí COMPENSATION GROUP RATING PLAN FOR 2004 AND DECLARING AN EMERGENCY"
Mr. Osborn said Mr. Parham suggested that this could be a first reading and then he would be available at the July meeting to answer questions. He had put it together that way on purpose.
ORDINANCE NO. 25-2003 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH SUNESIS CONSTRUCTION FOR THE BEAVER RUN CREEK RESTORATION PROJECT AND DECLARING AN EMERGENCY"
Mr. Galster made a motion to adopt and Mr. Squires seconded.
Mr. Osborn said Sunesis Construction was the low bidder on this project at a combined number of $315,228. As a way of making a comparison the Engineerís estimate on the base bid was $264,996 and Alternate 1 was $62,208 for a combined figure of $327,204. In the Engineerís estimate on Alternate 1, they had pegged that cost at $62,208. This work is essentially the landscaping that goes with this project, the trees, the shrubbery, etc. We wanted to separate that out in case we could find a less expensive way of doing it. The way Sunesis has put their bid together they have made Alternate 1 extremely attractive to us. While their estimate on the base work was slightly higher than the Engineerís estimate, taken as a package, itís $12,000 lower. We donít think we could adopt the prime bid and not adopt the Alternate 1, so we would strongly recommend accepting the base bid and Alternate 1 at $315,228.. I also want to say that this project cost has gone up, primarily because during the course of design there was a segment on the creek that was abundantly clear should have been included in this work, and for some reason it had not been included. We are receiving $208,00 from the Clean Ohio Program and we have committed $60,000 from our Urban Forestry Program. That leaves us with a shortfall of $47,228. We would recommend that Council consider adopting this ordinance approving this agreement. We have some ideas about where to find the money to pay for this difference. There is $11,000 remaining in the Urban Forestry Fund that is uncommitted and we would also like to take the remaining $36,228 out of the existing Capital Improvements budget. An example of an item that came in less than we budgeted is the CSX grade separation construction engineering. As you recall, we were expecting that construction to happen this year so we budgeted $120,000. That project got postponed until next year. We sat down with the engineering staff and looked at how much money we thought it would cost us to coordinate with the State over the remainder of this year in order to get the project back out to bid. That estimate is about $50,000. We are estimating that we have $70,110 appropriated for construction engineering this year that will not occur. So we believe we have sufficient funding to take about half of that number and help supplement the shortfall we received on this restoration project. There are a few other items in the budget that are showing signs of going in the right direction for us. We recommend that the Beaver Run Creek restoration project be approved and that Council concur with our recommendation that additional funding be handled in the manner suggested.
Mr. Vanover said I was looking at the bid and there was a significant difference.
Mr. Shuler replied I think unlike a project where we are resurfacing a street thatís very straightforward, where the conditions are somewhat unknown and the difficulty of the terrain, different contractors are going to put different values, a safety factor, so they donít lose their shirt on it. I think itís not unusual to see this kind of variation on this kind of project.
Ordinance 25-2003 passed with six affirmative votes.
RESOLUTION NO. 10-2003 "ADOPTING THE TAX BUDGET OF THE CITY OF SPRINGDALE FOR THE YEAR JANUARY 1, 2004, THROUGH DECEMBER 31,
Mr. Danbury made a motion to adopt and Mr. Squires seconded.
Mr. Osborn said we only worked to the point where we were able to get the general fund, the health insurance trust fund and the insurance trust fund in balance for year end 2004. This is the combination of funds that the County and State look at as our true general fund. If you look at the general fund alone for 2004, the year end balance is a negative $1, 024,661. This negative balance in the general fund is after we made catastrophic cuts in our capital budget for 2004. As a result of those cuts, we were able to reduce the transfer to the capital improvements fund from the general fund from an original estimate of $2.8 million down to $550,000. While we did not tamper too much with the operating numbers that are being used for this document, we did make gross cuts in expenses totaling about $650,000. We believe there are other cuts we can make. We will have to make up $1 million to bring the general fund into balance. For realistic operating purposes we have to recover about $1.5 million to have a minimal balance forward into 2005.
Mr. Osborn went through the tax budget.
We believe the document we have before you will meet our needs for purposes of submitting the tax budget without going to the extraordinary length of trying to predict revenue and expenses for next year down to a finite level when we just donít have that information available to us right now.
Resolution R10-2003 passed with three affirmative votes.
OLD BUSINESS - none
NEW BUSINESS - none
MEETINGS AND ANNOUNCEMENTS
Mayor Webster said the landscaping judging will be July 1 through July 10. The winner will be announced on July 16 and we would like to have the winners in at the August 20 meeting.
Planning Commission - July 8
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Ordinance 24 - July 16
RECAP OF LEGISLATIVE ITEMS REQUESTED
Resolutions honoring Melissa Bush & Alison Bauer - July 16
Change order for East Kemper Road project - July 16
Amend code on DUI - July 16
Viscous dog insurance requirement - July 16
Public hearing for zoning changes
Council adjourned at 8:45 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council