President of Council Kathy McNear called Council to order on December 6, 2000, at 7:05 p.m.

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

Mr. Vanover said it is with deep regret that I announce the passing of an outstanding Springdale resident . Mr. Bob Simmons passed away yesterday. He was a member of our Planning Commission a number of years ago. His wife is currently on Charter Review. He had been extremely active in the Boy Scouts for decades. With Councilís concurrence I have an honorarium I would like to read. He was an avid fly fisherman. Mr. Vanover read The Fishermanís Prayer: God grant that I may fish until my dying day, And when it comes to my last cast, I then most humbly pray, When in the Lordís safe landing net Iím peacefully asleep, that I be judged as good enough to keep." Weíll miss you, Bob.

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

The minutes of November 15, 2000 were approved with seven affirmative votes.

Mr. Danbury nominated Mr. Vanover to be vice-president again for the next term. Mr. Vanover accepted.


Letter from Shirley Dorn, Ledro Street: "I just want to thank you so much for the leaf pick up in the Heritage Hill area. Please continue this service."


Mr. Mike Sharkey, 355 Naylor Court said weíve had a situation where we live. The Creative Kids World Childcare Center at 11285 Springfield Pike, opened in our neighborhood this year. No one in the neighborhood objected to the day care but we did not realize that the noise level would be so loud. The children scream and shriek for hours every day. It has ruined our quiet cul-de-sac. Our property adjoins the day care center. The noise is so loud that if we are in our home talking on the phone with just one window open, the person on the other end of the line will ask us what all the noise is at our house. We love children and have grandchildren, but the children at the day care center should be taught not to scream. They need something to do when they are outside instead of just running back and forth; perhaps some large toys to play with. They have slides, etc. They need quiet toys and games to play. We contacted the owner of the day care center, Mrs. Tammy Barnett on September 25 with a letter and petition signed by nine people. The Planning Commission got a copy and Anne McBride did a decibel level study and the levels were not acceptable. The Planning Commission meeting we attended accomplished nothing. Some members of Planning Commission were rude to us and it was tabled until later this month. We are getting nowhere with the owner and we donít think the Planning Commission will help us much. We have been patient for months. We tried to be patient and polite by just contacting the owner instead of calling the Police. The owner is violating the noise ordinance. Last year when the Planning Commission met to approve the day care certain additions to the property were required for the buildingís owner to buffer the business from a residential area. These additions were never completed. Apparently no one from Springdale inspected the site to see if the work was done. These additions wonít do much to buffer the noise. The only thing that will accomplish that is to teach the children not to scream. The employees encourage the screaming and yell themselves. There is an attitude by the owner of the day care and the owner of the building of a total disregard for everyone. Mrs. Barnett lives elsewhere in a quite neighborhood and we live with her noise. Please help us with this matter. Thank you.

Mr. Galster stated the residents were at the last Planning Commission meeting. We did have the tenant in attendance at that meeting. We also went over the comments by Ms. Bride. There are a number of things that she feels we can do to help possibly mitigate the circumstance that is there. Unfortunately we did not have the attendance of the owner of the building. We can talk to the tenant all we want but weíre asking the tenant to speak for the owner in that case. We decided to table it. The next meeting we will have the owner and tenant in attendance and of course, the residents are welcome to participate in that. I apologize if they think people were being rude. I personally try to be as cordial as I can and to understand their situation. We listened to a tape and I know itís uncomfortable for the residents. I hope we are able to come up with some ideas that will help alleviate those problems but we havenít had an opportunity to fully address those at this point.

Mr. Danbury said I have spoken with a lot of the residents on this. Another issue is the hours of operation. It was never really addressed in the original application but itís my understanding that they have it seven days a week. I can understand that people have a right to have a business, but it is very disturbing to the residents. Itís Saturdays and Sundays and itís really not acceptable. I have spoken with members of Planning Commission and they are well aware of it. I havenít been a part of that commission but I hope you donít fee that they arenít attuned to the problems you have. They are trying to get rid of your problem and still let them have a business.

Mr. Sharkey said one of the biggest questions is why are none of the things on the original planned followed through. There was supposed to be a four foot high wall above and behind the playground area. It was specified in the blueprints. We were given copies of the blueprints. When we came to the last meeting all they talked about was one dead tree. The wall was not done. There was supposed to be a green buffer of shrubbery behind the fencing above the wall. That was not done. All the items that were approved in Planning Commission, hardly anything was done as per the specifications. I was under the impression that when you submitted a plan, that plan was supposed to be followed to the letter. Somewhere along the way this was completely forgotten or omitted for some strange reason.

Mr. Galster said, as an example, on the landscape plan we get at Planning Commission, we can say that there needs to be a certain amount of trees. Until sometime that someone notices it or brings it to our attention Ė it would be awfully tough for our inspections to be accounting for everything. There are items that they have not provided, but once again, without having the owner there to address why, or to direct him to, we werenít able to do that. In response to Mr. Danburyís comments about the hours, that is something that was for sure brought up at Planning Commission. What time of day is the noise, what time do you open, what time do you close? Are you open on Saturday and Sunday? Those continue to be some of the issues that we hope to address on Tuesday.

Ms. Pollitt asked what are the hours of the operation?

Mr. Sharkey replied supposedly 8 Ė 5 but the children seem to come out at 9:00 a.m. and they are playing until 6:00. They stagger them. They come out in groups of 20-25.

Ms. Pollitt asked are they open on Saturday and Sunday also?

Mr. Sharkey replied they are not open on Saturday and Sunday but some church group brings the children over there on Sunday with adult supervision. Weíd like one or two days of peace and quiet.

Ms. Pollitt stated I live next to the ball fields and you do get a lot of noise with the children playing there but itís just for a short period of time and they go back into the classroom.

Mr. Sharkey said I brought the tape in. (Mr. Sharkey played the tape of the children.)

Ms. Pollitt said I would certainly urge Planning Commission to do whatever they can as quickly as possible to alleviate that situation.

Mr. Vanover said part of the early requirements talked about were for water retention and directing the water flow. That was not necessary once they got things in place. That is why some of those items werenít there. They were in the plan for a specific reason; however, they were pulled because they were not necessary. I know that on Sunday it is the ownerís church and she has opened it up while the parents are in church. Those are things we can address but as Mr. Galster said, we can make requirements for her but as a tenant, she needs the landownerís approval. Until we have him in there and make the needs known, we are spinning our wheels. Thatís why it was tabled and brought back for this coming month. I hope I did not come off as rude but when people come to Council or a meeting, they hope to get immediate resolution but that is not always the case. There are other factors. I had hoped we had explained why it was done that way. It was not to put anybody off or turn a deaf ear, but if we are going to have a meaningful discussion, we need all parties there.

Mr. Sharkey said GRC is not a very friendly neighbor. Theyíve thrown things over our fence. We talked with Mr. McErlane several years ago. They came out one day when we werenít there and decided we were throwing things in the back yard and blaming them for throwing the branches and twigs that come off the trees and nothing could be farther from the truth. They cut down some trees and threw them over our fence. We called the Mayor and he took care of that. For ten years they have been nothing but lousy neighbors. They said they would put shrubs back there to protect us from the noise from their building before the children were there. That was never done. They promised us a fifty foot greenbelt which was never done. None of the things GRC has promised has ever come to fruition. Now heís working with her. Sheís hitting off of him; heís hitting off her. Weíre just getting a game. No one takes the blame. No one takes responsibility. You said the wall was for water retention. That doesnít have anything to do with the shrubs around the fence, does it?

Mr. Vanover replied no, the concern in the original plan was preventing water flow onto your neighborhood.

Mr. Sharkey responded no, itís the other way around. The water is captured in our back yard because of the building. The addition of the wall wouldnít have made much difference to us. It would have helped them probably. They have already created a 285 foot dam which catches all the water. I was under the impression that you were not allowed to obstruct a natural flow of water, but apparently Mr. McErlane said thatís not their problem.

Mr. Vanover said Council has heard the concern and I think they should be aware of it, and we welcome input. We will iron these problems out. I welcome corporate neighbors and I ask that they be good corporate neighbors but when the lights go out and everybody goes home, weíre the people who are left. My concern is that the residents are first in my heart. Does it mean they get everything they want? No, unfortunately, we have to balance between the two. Iíve lived through the threat of development in my front yard and I know where you are coming from. Believe me, if there are stipulations made in Planning Commission, I will be the first one to hold the owner and business ownerís feet to the fire that they comply with this.

Mr. Sharkey said I donít expect any special consideration because I have lived here 28 years. Iíd just like a fair shake. The man goes home after 5:00 and I have to live with the grief he has created. He has not been a very good neighbor in the past ten years.

Mr. Danbury said, Mr. Schneider, itís been my understanding that the owner of the facility is saying on Saturday and Sunday in some cases, itís not their children in the back. Itís children from other areas. Wouldnít it be a liability if someone got hurt? Couldnít the owners be sued?

Mr. Shneider replied yes.

Mr. Danbury said Iím not saying itís a dangerous place. I just think it would be prudent for the owner to lock it up and secure it. I havenít inspected the playground equipment they have but I would think thatís something that should be brought up to the owner. If itís not their kids, it should be locked up.

Mr. Knox asked how many children do you estimate were there on the tape you played? I sympathize with your position.

Mr. Sharkey said there are approximately 25 children out at one time.

Mayor Webster said if there is a school or day care in existence and someone buys a home next to it, you canít have a lot of sympathy maybe. I still think it is wrong for that school or day care to operate on weekends. Thatís not the case here. These people were here first. The front part of the building was zoned OR for office and we do the owner a favor because he canít get a tenant for months on in. Then he drags in this day care and we bend over backwards trying to accommodate the owner of the day care and this is the thanks we get. Our residents are bearing the brunt of it. Once we grant a conditional use permit is it forever and ever? Canít we revoke what we give?

Mr. Schneider replied Iíd want to review the specific circumstances, what was approved.

Mayor Webster said Planning Commission has some autonomy here. We canít tell them what to do and they canít tell us what to do but I would encourage Planning Commission to seek some legal advice on this situation and see what we have to ask our residents to tolerate. I think what we heard tonight is totally intolerable whether itís Monday through Friday or weekends. They shouldnít have to tolerate that. If they canít get their act together and quiet the kids down, then we should tell the owner to find another tenant and tell the day care owner to find another place to house the kids. Itís an improper zoning. Thatís what it boils down to.

Mr. Galster said I hope the residents realize that Planning Commission is made up of residents of Springdale. They have been residents before they were on Planning Commission and they will be residents after they are off. In general, they are sympathetic to residential causes. I want to say I agree with the Mayor 100% but there are some options that have been presented to Planning Commission as a way of mitigating the problems. Iím not saying we shouldnít give those options a chance to work and see the result before we pull this conditional use permit. There are problems in that the site plan wasnít built the way we thought it was. Even though the wall was for water retention, part of what I look at when I look at that wall is buffering. So those issues still come into play. There are a lot of issues yet, but unfortunately we just havenít been able to hammer on them yet. Hopefully, some satisfactory results will happen on Tuesday. Whatever the resolution is on Tuesday, if that is not satisfactory I surely would expect to hear from you again.

Mayor Webster asked was the owner asked to attend the last Planning Commission meeting?

Mr. McErlane reported the tenant was the only one advised to attend. The tenant was advised to get permission from the owner to represent them. It wasnít until we were at the meeting that we were made aware that all of the improvements that were made were made by the owner and not the tenant. When she was asked why things werenít done the way the plans showed, she didnít have an answer because it was the ownerís responsibility to do it.

Mayor Webster asked are we sure the owner has been invited?

Mr. McErlane replied we have sent them a written request to attend the meeting. If they donít show on Tuesday we will issue notice to them to make the improvements as shown on the plans.

Mr. Galster added and whatever other remedy Planning Commission may come up with.

Mayor Webster stated the situation has gone on too long and we need to bring it to a head.

Mr. Danbury asked Mr. Sharkey, how deep is your back yard?

Mr. Sharkey replied the back of the house is probably 100 feet from the property line.

Mr. Danbury said your neighbors, the Wartens are here also. They live 200 feet away. Mr. Burkholder is here also from Maple Knoll. I have spoken with some people on that street and it is a problem. One more point. We have an opportunity here where people can address Council on any issue. Thatís not necessarily the way it is set up at Planning Commission. If there is a problem or you feel you canít let yourself be heard, thatís just the way they are set up.

Mrs. McNear said I can sympathize with you. I could barely stand the tape just for the minute you were playing it. I have confidence that the Planning Commission will address this at the next meeting and Iím anxious to hear what the results are and Iím sure Council will throw their hat in the ring to assist in any way we can.

Mrs. Warten, 361 Naylor Court, said donít get us wrong. We love kids and we donít mind. We all have grandkids. We have kids on our street who play but at a certain noise level. I think the lady should have come over after we complained and just checked it out for herself. We are not against kids.

Mr. Burkholder, 496 Cloverdale, said at Maple Knoll I have been so worried at the senior center of those kids getting run over by a senior. They walk them in groups through the parking lot. They donít do it all the time but it could be a problem.

Maple Knoll Senior Center Ė Mr. Harold Burkholder

Mr. Burkholder said I have some literature here from Maple Knoll; WMKV radio, Maple Knoll Wellness Center and Center for Older Adults. I am the director for Older Adults. I live in Springdale, I work in Springdale and I love Springdale. Itís a great place to live and a great place to grow old. I just turned 55 and I was forced to join the senior center. I had Randy Danbury down to visit us and our Senior Center Board to see what we do. I am here to publicly thank the Council for supporting the Maple Knoll Senior Center over the years and I want to show you what we are doing. A lot of those programs and activities couldnít happen without you. We had one new program that started November 1. We do medical transportation in the six-community area around Maple Knoll. We are transporting four to five people a day to their doctor or the hospital for a cost of $4 round-trip. I think itís important that you know what we do and I think itís important that we donít duplicate services. We do computer training and I know you are doing it now too. I think thatís great because it is a worthwhile investment. I know the City is not going to sit here and not expand further.

Ms. Pollitt asked what is the age limit to join the Center?

Mr. Burkholder replied 55 years old and the membership is $15 a year.

Mr. Wilson said you mentioned that you have computer classes. They are for the senior citizens?

Mr. Burkholder replied anybody can get in the class. If you donít belong to the Senior Center itís an extra $15.

Mr. Wilson asked how many students do you have?

Mr. Burkhholder responded I am teaching a class now. We have a shortage of instructors. There are probably 60 people on the waiting list for the internet classes. There are four people in each class.

Mayor Webster said I had an opportunity to visit the radio station. I was amazed at the facilities you have down there. I was asked to do a fifteen minute radio show and the time just flew by. The engineer was one of my neighbors. The whole place fascinates me. If you have the opportunity to go to Maple Knoll for anything you ought to check that out.

Mr. Burkholder said give me a call and I will give you a tour of the whole place.

Mr. Danbury said we have a new offering here Ė volunteers. I know at Maple Knoll they have an outreach program, Meals on Wheels. If anyone watching at home or in the audience wants to get active, I know they are looking for volunteers. I know a lot of shut-ins welcome the meals. They are made for specific nutritional needs and itís a really rewarding experience.

Mr. Burkholder said the center could not make it without volunteers. I have five full-time employees and four part-time. We have 400 volunteers on meals-on-wheels and we have a bingo fundraiser. We need volunteers at the front desk, computer instructors. We couldnít do anything without the volunteers. You can call me at 782-2449 or 782-2722.

Mr. Galster said I know people who may be able to help with the computer training.

Chamber of Commerce Presentation

Bryan Stephens, Acting President and Treasurer of the Chamber said with me tonight is Connie Langhorst, Executive Director and Board Member, Mark Sutton. We provided Council with a proposal. In 1997 we organized the chamber. At first we thought we would try to operate the chamber as a volunteer group. Very quickly we found out we couldnít provide the necessary services as a volunteer. After the first year we hired a part-time administrative assistant and we found later that the chamber needed direction from a full-time employee with direction from the board and its members. In July we hired Connie Langhorst as full-time director. Right now she is part-time and we hope in the next year she will go full-time. We also have an administrative assistant who works with us on a part-time basis. I put together a cash-flow budget for Council to determine where we will be over the next year. When we all sat down and looked over the budget we found we were going to be short. We thought with her activities and with support of the board we could be self-sufficient, but being a CPA and being realistic, I realized toward the middle of the year that we were going to be short on our cash flow. Again, the chamber provides what we think is a service to the business community as well as an residents who would like to join the chamber. I know the City has been real supportive from the start. We do have an office here and all of our meetings are held here. We have gotten a tremendous amount of support. The City of Springdale has been an excellent member of the chamber. Derrick has been on our board in an advisory capacity for those three years that we have been in existence. Our proposal is to request some help with funding for this year. We have proposed three levels of funding. We are proposing a five-year future growth plan of $10,000 a year for five years. The second level is a lump sum for our budget deficit of $15,476. The last option is a charter membership to commit to a five year charter membership at $1,000 a year payable by December 31, 2000. Our preference is the five-year future growth plan but we believe with Connieís help, the boardís help and the possibility of hiring additional staff, the chamber can be self-sufficient and be a strong chamber in the Springdale area. Weíve met with the Fairfield Chamber, the Butler County Chamber. We looked at how they operate. Fairfield has four full-time employees and they are a very strong chamber. They hold a lot of events in the Fairfield area, particularly their business expo. It generates revenue for them. Their chamber is self-sufficient now. We think this investment now in hiring good quality people to grow the chamber will pay dividends for the chamber in the future.

Mr. Wilson asked what effect will the prior relationship with the Greater Cincinnati Chamber have on your ability to provide quality services to both the businesses and the City?

Mr. Burkholder replied the relationship with the Greater Cincinnati Chamber was a partnership agreement between us. The chamber provided us with funding. Any member of the Greater Cincinnati Chamber who was also a business resident of the City of Springdale automatically became a member of the Springdale Chamber. We had a $90 a year dues structure. The chamber would keep $15 for administrative work and refund to us $75. This last year they provided us with a little over $11,000 in revenue from dues of common members. Those members were able to get the benefits of belonging to the Greater Cincinnati Chamber such as health insurance, workers comp group rating system, etc. With them telling us they are not going to continue the relationship, we have struck up a relationship with the Southern Ohio Chamber Alliance, a group of Dayton chambers who got together and organized this alliance for the purpose of providing benefits to their members. It doesnít cost us to belong to this alliance but we have access to all of their benefits. Now we will be in competition with the Greater Cincinnati Chamber as a result of it. We think our chamber can move ahead without the alliance with the Greater Cincinnati Chamber. Recently we joined the Tri-State Chamber Coalition. That is an alliance of the Greater Cincinnati Chamber, the Northern Kentucky Chamber, the African-American Chamber. Connie is attending monthly meetings and we will continue to be involved in this region. With this exposure we will probably get a better understanding of what is going on, not just in Springdale but also Hamilton County, Butler County, Northern Kentucky.

Mr. Wilson asked has your membership gone up with the addition of the executive director?

Mr. Stephens replied yes, we have gotten more charter members. We approached some of the larger businesses to provide funding for the chamber. Avon was our first charter member and they provided $1,000 for the coming year. We asked them for volunteer support. They said their people are extremely busy but they have funds they can help us with. We are looking at hiring another full-time person in 2001. We want to have a job fair, golf outing, networking events. Itís extremely difficult to do on a volunteer basis.

Mr. Wilson asked how many hours on average do you work per week, Connie?

Ms. Langhorst replied I assumed the position based on 25 hours per week. The rest I compensate as a volunteer. It has become a labor of love. I put in about 50 hours a week, seven days a week. Iíve been with the Chamber since July 19. When I assumed the position the office was in disarray. It was basically unattended for nearly a year, mostly because the former executive director had been in ill health. He has recently been named as our honorary executive director for life. I think many of you on Council are familiar with Mr. Robert Ranier. Heís my role model and mentor and itís great to see him attending a few of our monthly executive board meetings. There is good work being done. You have a business community that I would describe as starved for some attention from its chamber. One of the first things I did was survey the membership. At the time I came on board there were 128 members. We are approaching the 200 mark. While they saw some value in the benefits with the relationship of the Greater Cincinnati Chamber, they felt there were no events being hosted for them within the community. I hope each member of Council has visited the pages we now have on the City's web site. We have a plan for the future that will guarantee our growth and success, but to develop new programs and go forward, there have to be funds in place. One of the reasons I did not assume this position on a full-time basis, I knew going in that they did not have the funds to pay for me, so I have accepted this position on a part-time basis. We have a new chamber TV show, thanks to ICRC and gratefully Mayor Webster was our first guest. We are hoping to introduce a newsletter in the spring of 2001 working the Community Press as our media sponsor for that. We have the new charter memberships. We are reaching out to the chamber community. Sharonville and our chamber will be hosting a career fair jointly on April 4 at the Sharonville Convention Center. We have an event planned at Maple Knoll on January 10. We want to stay in the community and we think the businesses in Springdale deserve an active chamber so we look to you to help us make that happen.

Ms. Pollitt asked what is the new level of membership?

Ms. Langhorst said we have a board meeting tomorrow to approve the rates. One of the first things I suggested when I came on board is that I did not see a rate for non-profit organizations, individuals, and I felt the rates were skewed to businesses. Our first level is for businesses with 99 or less employees. A lot of the businesses I have talked to think thatís a big number. We would like to restructure to maybe 25 or fewer employees. Weíre looking at doing away with our current structure but there will also be an increase at the upper end. I have had businesses tell me they think itís a bargain at the current price. If we are introducing new programs we want them to help off-set the cost of that. We need board approval to do that.

Mayor Webster said we just submitted the information we got from the chamber to Council without a recommendation. We are prepared to make a recommendation if that is the desire of Council. One of the things that Connie just said speaks volumes about where we are in this process. They fielded a request from one or two or several small businesses. Tomorrow the board will convene and hopefully address that. There is no way that would have happened with us being a partner of the Greater Cincinnati Chamber of Commerce. The $90 a year we got from the joint membership was a godsend but I donít think all is lost because Cincinnati has severed that tie. They have been very aggressive in trying to form new partnerships. Weíre very enthusiastic about the chamber and weíd like to recommend a support level if that is the desire of Council.

Mrs. McNear said we talked about that at the last meeting; that you would have a recommendation as well as a presentation.

Mayor Webster said you have given us three choices. We would propose for 2001 the lump sum deficit off-set not to exceed $15,476. If they can balance their budget and it would only cost us $10,000, then we are proposing we pay only $10,000. If they need $15,476 we fund it to that level but do not exceed that. At this point I donít think we would want to commit to the five-year growth, not that we donít have faith in the people and the chamber. However, there comes a time when, if the chamber is going to become successful, it has to stand on its own two feet and I do not want to offer a five-year crutch to the chamber at this time. Hopefully next year if you need support there will be something less than $15,476. If we do that we would like to be considered a charter member and be invited to all of your activities.

Mr. Wilson said Ms. Pollitt and I had talked about various memberships. Do you have to be a business in Springdale to be in the business ad?

Ms. Langhorst replied yes. The ads are self-funded. A Springdale printer donated the printing.

Mr. Wilson asked you have workings with other chambers in other cities but you donít want any of those businesses to participate in your directory ad?

Ms. Langhorst replied they are producing their own. We are working with Sharonville on a member-to-member coupon book that we might offer jointly in both communities as an incentive to join the chamber, where you could go into a member business and save a percentage off a purchase.

Mr. Wilson said if you have a business outside of Springdale you cannot participate in any of these activities, either the directory or membership.

Ms. Langhorst responded not in the membership directory but we encourage them to join the chamber. They can pay non-chamber rates and attend functions.

Mr. Wilson asked what is the advantage to joining Springdaleís chamber if you are outside and everything is higher?

Ms. Langhorst replied there is networking opportunity. They do save money at the door at our luncheons. We do provide a link on our web page and they can participate in our television show. Each program has a Springdale business that we are showcasing as well as one of our board members.

Mr. Stephens said when I first started my accounting practice I was on Glensprings. After five years a client invited me to take over the first floor over on Lippelman, so I belong to both chambers. I feel I get a lot of exposure through both organizations.

Mr. Danbury said I see this as a great opportunity for the City to get involved. I would hope the City would want to be some form of a member. I look at it as seed money. I agree with the Mayor. I anticipate that once it gets going you wonít have to come back to us and ask for this amount of money. When you look at the development we have, especially the Pictoria Island area, we will need help in getting new tenants out there. I think the Chamber of Commerce would be great.

Mr. Osborn said I want to join with the Mayor in the recommendation. I think the potential for this chamber has not been tapped yet or fully explored. There has been a great deal of activity. Connie has brought a lot of energy to the organization. I want to also point out that there have been a number of very hard working volunteers that have kept this chamber going. There are people like Bryan, who if they hadnít stuck with it through a very thin period, it probably wouldnít still be around. I also want to respond to something Mr. Danbury said. We have been a member and very much invested in this. We donít want to be a policy maker, part of the organization that has undue influence. We want the chamber to speak as an independent voice for the business community. We have given the nurturing that we hope would help it sustain itself. I think this is a positive start and thatís why I think itís worth the investment for us to help them stay solvent during 2001.

Mr. Galster made a motion that we draft legislation to facilitate the lump sum year 2001 budget deficit off-set in an amount not to exceed $15,476. Mr. Wilson seconded. The motion passed with seven affirmative votes.


Mr. Galster made a motion to table the ordinance until January 3 and Mr. Vanover seconded. The motion passed with seven affirmative votes.


Ms. Pollitt made a motion to table until January 3 and Mr. Wilson seconded. The motion passed with seven affirmative votes.


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

Mr. Danbury said I am looking at the number of rooms and occupancy. What recourse do we have if we find people are in violation?

Mr. McErlane said there are typical enforcement procedures and the Property Maintenance Code is to issue a notice of violation and verify compliance or non-compliance and then try to resolve the issues through Mayorís Court. Typically the problems we have with occupancy limits are in non-owner occupied dwellings. Actually, in some instances when weíve had requests about occupancy limits, itís been by the landlords themselves. We addressed this issue in 1987 when we adopted this code and it was felt that maybe it was an intrusion at that point in time. We didnít have a problem with that issue at that time but today we have a recurring problem. We have been called in by the landlord to look at their property where they have had twenty occupants in a three bedroom house. Their concerns were from a health standpoint as there was mildew growing on the walls throughout the dwelling unit. Because of the number of people sleeping in the dwelling, they had mattresses covering most of the heat vents, not allowing the air to circulate. With the body moisture, showers, etc., mildew grew on the wall. All of the situations where weíve had requests they have been in non-owner occupied dwelling units. We will always have a difficult situation trying to verify how many people are occupying a dwelling at any particular time.

Mrs. McNear asked what is your procedure for finding out how many people are occupying a dwelling?

Mr. McErlane said in the instance of rental properties we would go to the landlord and try to get it resolved through that means. Hopefully they have some control through their lease to do that.

Mr. Danbury asked is there a legal definition of habitating. You may find people coming in for three or four weeks at a time.

Mr. McErlane replied I donít think there is a definition of habitating in our Property Maintenance Code. There may be a definition of a habitable room which in general means a living area.

Mr. Danbury said hypothetically if someone owned a restaurant and brought in people, they might have fifteen people living in a small house temporarily. Basically it would be in violation but they could claim that they are just staying there temporarily.

Mr. McErlane responded I donít know that temporarily makes any difference in this issue. Itís still a health issue of overcrowding.

Mr. Schneider stated that would be correct. It would be occupying and there is no time limit. If they are sleeping there or staying there, they are occupying.

Ms. Pollitt asked what would be the limit on the houses in the Terrace?

Mr. McErlane said when I first presented this I used what the national standard was for bedroom space per occupant. At that point we were looking at a 50 square foot bedroom area. After I presented that there was a question raised about some of the smaller houses in the City in the Terrace and Heritage Hill. We found that there were some bedrooms that were 80 square feet in those areas so we changed the occupant limit to 40 square feet per occupant in bedrooms which would allow two occupants in an 80 square foot bedroom. Thatís a pretty small bedroom. A 40 square foot tract of land for someone in a bedroom that has a twin bed in it, gives you an additional three feet beyond the bed to occupy that room. It works out to seven occupants in a house in the Terrace based on the bedrooms in those houses. Thatís a pretty large family for a three bedroom house. In the Zaring homes in Glenview you could put five people in the master bedroom.

Ordinance 85-2000 passed with seven affirmative votes.


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

Mr. McErlane said Inspection Bureau Incorporated is the electrical inspection agency used by all the jurisdictions in the Hamilton County area including the City of Cincinnati. The State of Ohio requires specific requirements for electrical safety inspectors which basically requires you to be a journeyman electrician before you can become an electrical safety inspector. We have looked in the past at the possibility of hiring an electrical safety inspector for Springdale. However, because of the limited experience that is involved in becoming an electrical safety inspector, it hampers you as to how you can use that person broadly as an inspector and the economics didnít prove to be a benefit to the City. Obviously if Cincinnati and Hamilton County and other jurisdictions are using the agency, they feel the same way. Their fees are the same throughout Hamilton County for all jurisdictions. Their fee schedule has to be approved by Cincinnati City Council as well as the Hamilton County Commissioners so they do go through a thorough review before they approve those.

Mrs. McNear asked are the fees paid by the City?

Mr. McErlane replied the fees are paid directly to them by the contractors.

Mr. Squires said my family has benefited with IBI. A heating contractor installed something for us that IBI determined was very inadequate. Itís a safety issue and the people of Springdale will benefit from this at a very low cost. In fact, there is no cost to them at all; itís borne by the contractor. I really urge its passage.

Ordinance 90-2000 passed with six affirmative votes. Mr. Vanover abstained.


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

Mr. Wilson asked what was missed last time that justifies the change order?

Mr. Parham replied I issued a memo to Council on November 29 and there is an attachment on the back of that memo that outlines four of the five contractors on the project. As I pointed out in the memo, sometimes they are out in the field and run across problems that they did not anticipate. Therefore, they have to make adjustments in the field. That is a cost the City is going to bear. There were instances when a line had been hit. The electrician could not repair it as it was because the code has changed so he had to make upgrades to it. If you look at the digi-locks for the lockers. We looked at some items and thought how we could make the center more convenient for the patrons. With the digi-locks residents donít have to worry about taking locks to the Community Center. There is a mechanism there; you insert your own code and it will lock the lock for you. If you forget the code the staff has the ability to unlock the locker for you. I did not ask for legislation for the mechanical contractor, RPC, because the total is $8,000. Right now itís at a level where we can handle it with a purchase order but I believe there will be more costs. Geiler Co. is the plumbing contractor and their bill came to $25,739. If you recall, when we had the fire we did not ask for legislation because the cost was only $4,000. Mardis and Meehanís total is $54,049. Some of these changes were made early in the project and we held them out so I didnít have to come back to Council every time a change came about. I do anticipate that I will have to come back for at least the electrical contractor. There are a number of things outstanding with the electrical that I think will exceed the $15,000 threshold.

Mrs. McNear asked is the price on the digi-locks just for the locks or does it include the lockers? Everything else looked like it was in line. In the overall scheme of what we paid, $6,000 doesnít seem like much but I just think that was an excessive amount of money for what we were doing.

Mr. Parham replied that is for the material and installation of the locks only.

Mr. Galster said except what we still anticipate on the electrical, are all items settled?

Mr. Parham replied we will have to assist some of the contractors. There are some issues in dispute such as which contractor is responsible for services that were performed on site. There are no items such as we had early in the project such as the soil.

Ordinance 86-2000 passed with seven affirmative votes.


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

Ordinance 87-2000 passed with seven affirmative votes.


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

Ordinance 88-2000 passed with seven affirmative votes.


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

Mr. Wilson asked what is the advantage of establishing this fund versus what we have done in the past?

Mr. Knox said it creates an imbalance in the financial transactions of the City. It gives the appearance of having more or less in certain things.

Mr. Osborn said we have a misrepresented level of expenditures and revenue in our capital improvements fund. We are expensing the note payment for the Community Center note out of the capital improvements fund in 2000. We are showing the net proceeds from 2000 as income. Thatís a magnitude of a $7 million payout and a $6.4 million income which dramatically alters the appearance of the capital improvements budget. We are proposing to move that activity into a separate fund in 2001. At the last Council meeting I indicated that it was our intention to do it yet for this year but we ran into significant obstacles in trying to re-post expenses going back to the first of the year. We would have to have obtained a court order, gotten permission of the State Tax Commissioner. We just didnít have time to get on the docket by the end of the year.

Mr. Knox said for the viewing audience, the money will be exactly the same. Weíll just have it in different positions. This is also recommended by our finance officer, Mr. Williams.

Ordinance 89-2000 passed with seven affirmative votes.


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

Ms. Pollitt asked what would the procedure be for a person who has had a fire and part of the money has been sent here to claim the money?

Mr. Osborn replied the purpose of this fund is to protect the City so we are going to make sure that the property has been satisfactorily secured or repaired in order to prevent a public nuisance. Secondly, we are going to confirm with the insurance company that they are in agreement that it is appropriate to release the funding. Weíve already had one example this year. Weíve already given the check to the contractor. Itís usually the contractor who is going to be looking for the check. The check was issued to the resident so the resident had to come in and sign it but itís the contractor who gets it. I donít think we will be overwhelmed with these situations but I think itís a good resource for the City because in the past we have experienced situations where properties have been abandoned following a fire. The property owner has either decided to walk away or they are so remote that we canít find them in time to make a proper cleanup and weíve had to get involved. So I think this is a good tool for the City.

Ordinance 91-2000 passed with seven affirmative votes.

Council recessed from 8:50 p.m. to 9:00 p.m.


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

Mr. Vanover said on page 46, B4, subparagraph C talks about the automatic extension shall be given to taxpayers whose returns contain a mathematical error. Do we have a definition for a mathematical error?

Mr. Schneider replied that is common language. Thatís an improper calculation, a clerical error.

Mr. Vanover said moving down to the gist of that paragraph with the thirty day extension. What would be the situation if somebody was already in arrears from a prior year? Would they benefit from that extension?

Mr. Schneider replied the extension would only be for the form that contains the error.

Mr. Knox stated it does not have any effect on previous penalties and interest that is running. I want to make sure when we write the procedure for the Tax Department that it will be clear to the people who have to administer this.

Ms. Pollitt said the Tax Review Board met with the Finance Department and they have been over all of these for two meetings. We went over each one in depth and saw this as an opportunity to do some wordsmithing on the document. We worked with Administration as well as the Tax Commissioner and Mr. Knox, and then turned it over to Mr. Schneider for additional cleaning up. I think he has done an excellent job and I recommend that Council approve this as written.

Ordinance 92-2000 passed with seven affirmative votes.


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

Mr. Osborn explained the first element is a conceptual phase. We would be looking at the business corridor of Springfield Pike from Glensprings Drive south to Cameron Road. This would be a conceptual level look and would help establish the type of architectural feel that Council would like to see along the corridor. The next step would be a specific construction phase. We have to consider this Phase I because we have to identify a specific physical area where we spend the $294,000 we have in matching funds. The area we have applied for is from Kemper Road to Northland Boulevard. As part of this overall project we are looking at doing traditional streetscape type things such as new street furniture, planters, etc. We started out looking at replacing the bollards along that part on Rt. 4 with pedestrian level street lighting. That led to further exploration of what if we replaced the overhead Cobra-type Cinergy lamps with these pedestrian level lamps in such a density as to provide the street lighting. In addition, as part of Phase I we are looking at matching the architectural style of the street lights with a new maston configuration for the Kemper/Rt. 4 intersection. This overall package will come in well above the original scope of the project when we first started talking about this two years ago. I brought this to Council with the idea of trying to clean up what we had in place there once we started talking about trying to create an image for the community. That is going to cause the expenses to be considerably higher. Our best estimate for Phase I construction would be $800,000. We have $294,000 in funding so we will have a local share of $500,000. This project has evolved over time as we got into it further. I believe it really does address what I think the City wants to try to do for that corridor. We want to see it redeveloped. I think the public investment is going to stimulate that type of redevelopment of the corridor.

Ordinance 93-2000 passed with seven affirmative votes.


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

Mr. Osborn said at your last meeting, when I raised this issue, I indicated that Officer Noble was still going through a process of evaluating whether or not he would be able to return to work or whether he would have to seek another solution such as disability retirement. Itís now been indicated by Chief Laage that Officer Noble, on the advice of his doctor, does not believe he will be able to return to work. He has had his first meeting with officials of the pension board to determine the process for seeking a disability retirement. I think this is still an appropriate ordinance; however, because it will take some time for that process to play out. I think Officer Noble has made a real sacrifice for the community and I think this is the least gesture we can do to recognize his contributions to the City.

Mrs. McNear asked will he be through the entire disability process before February 28?

Mr. Osborn replied I donít think it will happen that quickly. Officer Nobleís first indication from contacts up there was that it takes at least ninety days. The Chief was going to call personally to see if there isnít some way to expedite that so that it could happen within the time we are extending this legislation.

Ordinance 94-2000 passed with seven affirmative votes.


First reading. Public hearing set for January 3, 2001.

Mr. Galster said I do anticipate that additional documentation should be in every personís box by the next Council meeting with details and minutes from Planning Commission. This is for the next four ordinances.


First reading. Public hearing set for January 3, 2000.


First reading. Public hearing scheduled for January 3, 2001.

Mr. Galster said this is for redevelopment of Springdale Plaza, better known as the Burlington Coat Factory area. The previous two ordinances were for the property in front of Costco.


First reading. Public hearing scheduled for January 3, 2001.


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

Mayor Webster said I take great pride in making these re-appointments. These folks have been on the Board of Health for many years. Both of them are true contributors. Kevin Ketring is Doctor Kevin Ketring. He is a veterinarian and he is chairman of the Board of Health. Rita Hart works for the Princeton School District in the health department and also is a tremendous contributor to the board. I would urge the confirmation of both of these candidates.

Resolution R19-2000 passed with seven affirmative votes.


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

Resolution R20-2000 passed with seven affirmative votes.


Mr. Schneider reported Judge Richard Cole who handled the Burns trial matter and the subsequent issue of allocation of claims for fixtures and any other ownership claims that the tenants might have rendered a decision. He made the determination that the Subway Shop people were entitled to a net distribution from Burnsí share of $26,069 between the basic differential and the rent they have to pay now as compared to what they would have had to pay had the lease continued. We Sew Alterations, Inc.; Elmer Valentine; Carl Baker and the City of Springdale are not entitled to any amount for the claims they have made as to jury award. They made a determination in the case of the other tenants. We Sew Inc. did not provide any evidence that the right to remove fixtures was violated. They also determined that We Sew voluntarily withdrew from their lease provisions and therefore, were not entitled to any payment for loss of rents. In the case of Carl Baker a determination that he did not have a renewal of the lease beyond October 31 and since he was granted the right to be there by the City and by Burns until October 31, he had no claim. The judge said the writing on the back of a piece of paper was not a valid extension of the lease. Corky Valentineís lease expired October 31, 2000. He was given permission to remain on the premises through October 31, 2000 and had suffered no loss because of increase in rents as a result of the appropriations action. He also determined that the tenant failed to provide any evidence that his right to remove any fixtures was violated. He had the right to remove in the lease provided. The fixtures actually belong to the landlord when you put them in. There was consent and they could have removed them. The court further found that the barber chairs were his personal property and his refusing to remove them was his testimony and he felt he should be compensated for those. Since they were affixed to the property it could be determined that they belonged to the landlord as well. The court finds that this tenant failed to prove any right to the jury award for loss of fixtures. The City of Springdale tried to come in the back door with contamination payments from them but the judge says the jury considered that and considered by not awarding anything, go back and get it from Springdale Cleaners is his decision. As you know, we are in court with Springdale Cleaners seeking to get compensation through them since they are the party that did the damage.

Mr. Knox said the Board of Elections has given us the official results of the Charter changes. The Charter change which had to do with the commissions and boards, i.e., Planning Commission, passed 3252-930. The Charter change in the Clerk of Council/Finance Directorís absence/disability passed 3249-868. The Charter change on contracts and expenditures passed 2523-1379. The Charter amendment on redistricting passed 2010 to 1900. I donít think people realize that Councilís intent was to rewrite the Charter so we can meet whatever Columbus or Washington throw at us. It really had nothing to do with the Council.

Mr. Parham said at the last Council meeting Mr. Danbury raised the question of whether we were accepting credit cards at the Community Center. We accept American Express, Discover and Visa.


Mrs. McNear said we have a request from Mr. Schneider for a raise. I request legislation for the next meeting.

Mr. Danbury said CDS is looking for a modification of the fee schedule but they are not going to be changing the basic retainer.

Mr. Osborn said the City held a bid opening on November 22 for a modular ambulance to replace a 1989 unit. There were seven bidders and the bids are under evaluation. We plan to bring legislation before you on December 20 so we can purchase this vehicle as part of the 2000 budget.

Mayor Webster announced the schedule for the Christmas light judging will begin on December 9. We will finish hopefully on Sunday, December 17. I will announce the winners on December 20 and would like to have the winners in for their awards on January 3. We will probably continue with the same seven areas but we are going to exclude some of the previous winners from winning the top prize. We will try to get new people involved in the process.

Ms. Pollitt reported the Finance Committee met last night with Administration. We will have the 2001 budget ready and in your mail boxes hopefully by December 12 for your review. I would also like to commend Administration for doing such a wonderful job on the budget this year. They incorporated the mission statement and goals of each department into the actual expenditure detail so we were able to look at the budget and go back and look at goals and tie it to the mission and goals for the coming year. It made reading the budget much more effective for me. I think Mr. Osborn did a fantastic job.

Mr. Osborn said we will have a work session with Council on December 20. We would then do an appropriation ordinance on January 3 that will reflect the budget discussed by Council on December 20.

Mr. Knox said we had a letter from Time Warner Cable informing us that the basic services in our community will change from $9.32 to $9.96. The standard tier will go from $21.20 to $22.09. The cost for in-home terminal units will increase from $4.74 to $5.30.


Planning Commission - December 12

Board of Health - December 14

Board of Zoning Appeals - December 19

Mrs. McNear said Dave Strangeís position on Civil Service Commission and Don Fishís position on Charter Revision expire the end of December. I have not spoken with either of these gentlemen to see if they wish to continue but I will contact them.


Mr. Danbury made a motion that Council go into executive session as a committee of the whole to discuss personnel matters. Mr. Galster seconded. The motion passed with seven affirmative votes.

Council went into executive session at 9:45 p.m. and reconvened at 9:54 p.m.


Ordinance 76-2000 - January 3, 2001

Ordinance 77-2000 - January 3, 2001

Ordinance 95-2000 - public hearing January 3

Ordinance 96-2000 - public hearing January 3

Ordinance 97-2000 - public hearing January 3

Ordinance 98-2000 - pubic hearing January 3


Chamber of Commerce - December 20

Wood & Lamping increasee - December 20

CDS fee schedule change - December 20

Ambulance purchase - December 20

Resolution for Charter Revision - December 20

Resolution for Civil Service - December 20

Council adjourned at 9:58 p.m.

Respectfully submitted,




Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council



__________________________, 2000