President of Council Marjorie Harlow called Council to order on December 16, 2009 at 7:00 p.m.

    The governmental body and those in attendance recited the pledge of allegiance. Mrs. McNear gave the invocation.

    Mrs. McNear took roll call. Present were Council members Diehl, Emerson, Galster, Hawkins, Squires, Vanover and Harlow.

    The minutes of December 1, 2009 and December 2, 2009 were approved with seven affirmative votes.

    Civil Service Commission – Mr. Thamann stated that they approved the certification for fire captain. The list is Anthony Stanley, Kurt Kerchival and Tom Lindsay.

Rules and Laws    -    no report
Finance Committee        -    budget discussion

Planning Commission - Mr. Galster said Tony Butrum was elected Chairman, Dave Okum, vice-chairman and Rich Bauer, secretary. The cell tower application was tabled until January. The Kemper Pond Center/IHOP variance request from the Tree Preservation Ordinance was continued until the next meeting. The applicant did not show up and if they do not respond by that time we will have to take other action to get them to respond.
Board of Zoning Appeals – Mr. Hawkins said Mr. Okum was elected chairman, Bob Weidlich, vice-chairman and Jane Huber, secretary. A request to allow a garage to be used as living area at 11988 Marwood was denied 7-0. A deck at 12065 Greencastle eleven and one-half feet from the rear property line was granted 7-0.
Board of Health – Mr. Squires said the regulation establishing the new food license fees was passed. A letter from NIOSH about the Springdale Hotel mold damage was read into the minutes. There is concern that the building could be inhabited by someone who breaks in and there could be the potential for a fire to break out. The nuisance animal control policy has been changed and the City will no longer trap animals. Residents will be referred to critter services or be allowed to use traps that the City has. The H1N1 vaccine will be available to all people and a clinic will be held December 18 from 12:30 p.m. to 4:30 p.m. and again on December 21 and January 7.

Mayor Webster said our big concern at the hotel is that the owners have had the power turned off. With the power off there is no sprinkler system above the second floor. If there is a fire on the upper floors our safety personnel would be risking their lives in a property that is not properly sprinkled. We are doing everything we can to lean on the owners to at least make them board up the first floor to keep people from getting in there.

Mayor Webster said the animal control policy is a recommendation from the Board of Health. If Council wants to continue this program we need to discuss this under the budget discussion. We spend about $10,000 a year and think the recommendation is a good alternative. However, if Council thinks otherwise we would be receptive to restoring the program.

Veteran’s Memorial Committee – Mr. Galster said there is no report and I don’t expect much activity so it would probably be okay to remove it as an agenda item. When there is an update I’ll try to let you know prior to the meeting.

O-K-I    -        no report
Mayor’s Report – Mayor Webster said SOS has helped 42-44 families. We have added three families to the list. We’ve had an outstanding response from the community. We are still getting donor families. We have received $1500 in donations. People have brought in toys and clothes. John Morrell has donated an ample supply of meat, La Plaza Tapatia has donated thirty baskets of food. Target has stepped in WalMart’s position and sponsored the Shop With a Cop program. Even without the Food for Fines program we have received as much food as in prior years. I’d like to thank the community.
Clerk of Council/Finance Director – Mrs. McNear said everyone put a lot of work into the budget. I want to thank everyone in advance and request that everyone approve the budget as we go through it.
Administrator’s Report – Mr. Parham said in reference to the hotel situation, we were able to gain access to the facility and have now learned that the pipes froze and there is currently no sprinkler system working at all at the facility. We’ve made continual contact with the representatives of the Shubh Corporation who owns the property. They also own property in Pittsburgh, who has had challenges with them as well as they were making renovations to that hotel. We are very concerned relative to safety to our personnel if an event occurs there. We did have a number of windows broken out. We have had graffiti up there. We have tried to contact the owners. We have cited the owners who reside in Boca Raton, Florida in trying to get them to have the power restored. As the Mayor described earlier, prior to the pipes freezing, the sprinkler system would only work up to the second floor because it’s an electrical pump system and there is no power. Because the power is off and the pipes have burst there is no sprinkler system at all. We will continue to try to take steps to require that they reinstall the power to that facility and then make repairs. The problem right now is that we have no zoning issues that can get them into a civil court. The things we have are more on the criminal side. I don’t know if the owners have ever been to Springdale but we‘re trying to get them up from Boca Raton and address them in a court of a law and get the power restored. Their rep resides in Pittsburgh and was in town earlier this week. He indicated to the Fire Chief after he was directed to have the power restored that they are planning to come in and begin renovations. Our hope is that that is truthful but we have said we can’t wait until then. We need the power restored now.

Mr. Diehl asked is management cooperative, uncooperative or a little bit of both?

Mr. Parham replied I can’t say they are being cooperative. We have made a number of attempts to contact their representative who resides in Pennsylvania. The Fire Chief and Assistant Chief did meet with him at the facility about a month ago. At that time we directed them to have the power restored. They did not do so. We cited them and the next time the Chief tried to contact them the cell phone was turned off. If you contact his office you get a voice recorder. There is no way to contact him, nor have we received a response from the owners in Florida.

Mr. Vanover said you could see the seals on the outside of the building that were repaired three years ago. With the presence of mold do we have anything from NIOSH to put the lid on this?

Mayor Webster said we just last week got the report from the work they did up there in 2001. I have zero faith in this company or any company rehabbing that structure and reopening it as a hotel. I think it has to be razed. Inside and out it’s just not feasible.

Mr. Vanover asked do we know how long the current owner has held that property?

Mayor Webster said I was working with one man trying to help him find some money six or seven years ago. After that he sold it to Shubh Corporation.

Mr. Galster said the outer skin has failed. The first time there was all kinds of mold and spores. The skin has actually separated where water gets down inside it. If they are finding mold on the top three or four floors, it’s going to be extensive and it’s going to work its way back down. It will be extremely expensive to re-skin that building. Based on the mold, is there any way of getting condemnation for health reasons or is that something we have to wait until someone wants to occupy it and then we tell them no?

Mr. Parham said my understanding of the report we received from NIOSH, it seems like it was 1998 when we began having the issue with the mold. We just received the results of that study three weeks ago. The study says they have remediated the building; however, it then indicates an employee at some point had ingested something and suggested to employees that if they are in the facility, make sure they wear the proper safety respirators and equipment. Some of the suggestions in that report seem to say the problem is now fixed but there are still precautions you must take. The current group took over in 2006 or 2007.

Mr. Galster said it’s obvious the mold has returned. Do we have to start the process again? I’m just wondering if there are additional steps we can take to have it condemned. I look at the apartments on Lippelman that Sharonville had a problem with. It may have taken them three years from condemnation to getting them torn down but I would assume that our Health Department would say that that building can’t be occupied based on the level of mold that is there.

Mr. Parham said I’m not sure what we are referring to when we say the mold is back. We just received that report the other day and that report says it is no longer there.

Mr. Galster said the Health Department says mold is there on the top floors. How do we know that if, in fact, we haven’t observed it ourselves?

Mayor Webster said this report was based upon conditions as they were in 2001 and 2002 when they closed the hotel. This does not reflect the current conditions. Mrs. Mitrione, didn’t the Health Department do an inspection and find mold on the tenth floor?

Mrs. Mitrione, Health Commissioner, stated we did get that report about three weeks ago and I talked to Ken at NIOSH. He said there was such a large amount of data collected from that experience that they ended up doing that as a research project. They just pulled it all together into a concise report and posted it on their website. There had been a medical report that had been published in a journal years ago related to the illnesses that were related to the folks who worked there. The manager and assistant manager who pulled down the wallpaper had gotten really exposed and had serious lung issues. They did a full remediation of that entire building because the exterior had failed and there was water behind the wallpaper which sealed in the water and created mold. So, at some point that was resolved for that moment. Mold has spores and can get into all kinds of spaces. All it needs is warmth and moisture to grow. Part of the recommendation in that report was that they would have to keep it dry. Probably within the last two years we have had complaints. Apparently their flat, rubber roof was punctured by some painters and it caused water to leak down. They had a significant mold issue on the tenth floor. They even had an employee who was having an allergic response. The Health Department went in and asked them to remediate. Our hotel/motel regulations say they have to do certain things and because the mold was larger than 10 feet by 10 feet, they had to have it remediated by a professional. They pulled out all the drywall that molded on the tenth floor and I think they have left it that way. That complaint was finished but beyond that, we haven’t looked at the exterior seal.

Mayor Webster said they had not used the tenth floor for a year or so.

Mr. Galster asked if we investigated other floors?

Mrs. Mitrione responded we look at all the floors when we do a hotel/motel inspection. We were looking at the ninth floor as well but it looked like it was concentrated on the tenth floor.

Mayor Webster said we need to use everything we can to try to keep that place closed and even have it razed if possible. I don’t believe anybody is going to be able to do a rehab job and make that a safe, viable business.

Mr. Galster asked how often are we allowed to go into a hotel for an inspection?

Mrs. Mitrione said they pay a license fee and we have the ability to go in at any time. We have two regular inspections and go in if we get complaints. We are trying to look at all the rooms in a year’s time.

Mr. Galster asked when did we go in and find the mold on the tenth floor?

Mrs. Mitrione responded two years ago. They removed the molded drywall. The Building Department had issued orders to get the roof fixed. We were satisfied with the work they had done to that point. Then we had done one or two routine inspections since then.

Mr. Galster said if this building has this mold history and we should be doing an inspection every six months, one year maximum, we should get the owner’s approval to get in there and find out if there is additional mold on other floors and build the case that it has never been remediated properly and the problem continues on and on and on.

Mrs. Harlow stated I was on the Board of Health when we first had that problem in 1998. I recall that a lot of the mold was not evident when a visual inspection was being done because wallpaper was hiding that mold. If I recall correctly, it was closed for 15 to 18 months. They wore the contamination suits. Then it reopened and two years after that they had another issue on the second floor.

Mr. Galster said I think we should try to get access to the building and have somebody come in and do a proper evaluation of the condition.

Mayor Webster said the mold on the second floor was a plumbing problem. If we try to get somebody in there it will be at our expense. We can send them bills but you can’t get blood out of a turnip. I’m not opposed to starting down that path because it has to happen at some point.

Mr. Vanover said remediation is removal of mold. Until you fix the outside you will be re-remediating forever. If the wall board is down, that is a safety issue especially if the power comes back on because you have exposed wires. If pipes have been broken somebody will have to find the extent of the breakage.

Mr. Parham said we have made every attempt to gain access to the building. The only reason we were able to get access this week is because apparently someone had broken the glass out. We weren’t even aware that they had a local security company. Our only contact had been with the individual in Pennsylvania. Our Fire Chief heard through the local band radio and decided to make a visit to the hotel. We were then able to meet with the gentleman from Pennsylvania who came in that afternoon. Trying to get into the building, inspecting whether the power is on and then trying to find out if there is mold there will be a challenging task to get access to the building. I guarantee you it will not be on their dime until such time, if they decide that they are able to repair the building and begin to look at opening the facility, then I think we have the ability to perform those inspections. Right now it’s just a challenge getting them to come to the facility and meet us.

Mrs. Emerson asked is there any way we can isolate the area where the mold is present and salvage part of the building?

Mrs. Mitrione said they were doing that before the power was shut off.

Mr. Galster said we owe it to the people who stay there to know if there is mold on the tenth floor. I think we should go after it aggressively with EPA or whatever we need to do to make sure it doesn’t open with these types of conditions.

Mr. Vanover said that mold is circulating through the air handlers. At what threshold can we issue warrants for arrest?

Mr. Schneider said if there are standing violations there are provisions for us taking action and putting a lien on the property for destroying properties that are a safety hazard. The Building Department has the authority to issue warrants for violations of Building Code matters. You give notice for repairs and if they don’t make them, you move our people in or hire contractors and seek to repair it.

Mr. Vanover asked at what point can we take it from not cutting the grass to an upper level felony?

Mr. Schneider said we have that ability now. Whatever violations are present, that’s what we have to cite them for. We pursue that through the court. I’m not aware of any felony charges that would fall into that category but if there’s a danger to the public maybe there’s something I have to check and find.

Mayor Webster said let me assure Council and the public that we are going to do everything we can to try to hold these people to their responsibilities. We’re not going to let them come in and just slap a coat of paint on a room and then open for business. If they want to reopen that hotel they will have to obtain the proper building permits for renovation and the Health Department will have to go in also. If we have to get NIOSH involved before we issue an occupancy permit, we will do that. We’ll do everything we can to bring this to the right conclusion but it will probably be a long siege.

Law Director’s Report              -     no report
Engineer’s Report – Mr. Shvegzda said the punch list items are underway for the SR 4 continuous northbound lane at Glensprings. One aspect of dealing with the undulations in the cross section of the pavement will be taken care of next spring along with the paving work on I-275. The punch list items for Crescentville Road at SR 747 were submitted to ODOT. The SR 747 paving work is complete. The construction on SR 4 southbound lane addition will begin in April 2010.

Mr. Galster said back to Board of Health, I heard about an H1N1 vaccine recall. Do we know if Springdale or Hamilton County received any of those doses?

Mayor Webster replied they did not. Clermont County had 500 doses but the children received their second vaccines.


    Mrs. McNear said I have a follow up letter from Duke Energy regarding an increase of $1.04 for residential service and they’ve added additional information for general services. We have received the Certificate of Results for the election of all of our issues.

    Mayor Webster said I have a thank you note from Jo Roberts at Springdale Elementary. It reads: “I would like to thank the Springdale Health Department and Fire Department for administering the H1N1 vaccines to the students of Springdale. This is a huge undertaking for the district and the local health departments. The preparation leading up to this event was several months long. Due to the requirements for students nine years old and under to receive two vaccines, it was necessary for them to come to our building twice. We completed our second round on Tuesday. (This letter was written in November.) The expectation of how things would go was tremendous. However, due to the organization’s professionalism and friendliness of all those who participated, things went fantastic. I was extremely pleased with the outcome of our clinics. I have had the privilege of working with the Springdale Health Department and Fire Department in the past with other projects. They are always very accommodating. Please express our appreciation for another job well done. I look forward to continuing the partnership we have between the school and the City of Springdale.”



    Mr. Diehl said the Finance Committee met December 11, 2009 to review the budget for the year 2010. The City has a rocky road ahead of us but it will lead to a positive direction in the end. There is a reduction in revenue and also a reduction in expenses while still maintaining a good quality of life here for the residents of the City. During 2010 the Finance Committee will review ongoing programs and projects that the City is undertaking and make recommendations to Council as to whether to keep, increase or reduce them. At this time we ask that you approve the budget.

    Mr. Parham said we are experiencing a significant decrease in revenues for 2009 with the trend continuing in future years. The revenues for 2009 are projected to be $17,723,091 which is $1,459,000 below the budgeted number. The City income tax makes up 75% of our total revenues and we projected $14,469,000 for 2009. At this point we are anticipating collections to be $13,635,000. We are projecting revenues of $16,038,000 for 2010. We are continuing to have a decline in revenues. We know that it is primarily the economy. We have had a number of retail closings. At the end of this year GE will be relocating 1200 jobs out of Springdale into West Chester and at the end of 2011 they are scheduled to remove the remaining 900 jobs. We estimate $3 million of revenue lost based on that moved. We also received notice this year that Avon will be closing their facility beginning in 2010 and conclude the process in 2012. Mr. Tulloch is working diligently to bring in new organizations to the community but at this point there is a severe drought in revenue expenditures.

    Mr. Parham said we have tried to get a handle on expenditures. We began cutting back in 2008. Our expenses in 2010 are expected to be $17,564,000, $1,525,000 higher than our revenues. The 2010 expenditures have been reduced by $1,734,000 from the 2009 budget. We have talked about the programs we are implementing in 2010; cost containment measures, salary reduction, furloughs. Our goal for 2010 and beyond is to reduce costs, protect services as best as possible and still maintain our full-time employment base.

    Mr. Parham said our revenues have decreased every year since 2005 except for 2006. We are projecting an earnings tax collection for 2010 of $11,967,000. That is a tremendous drop in earnings tax, approximately 15 percent. The City will have experienced a loss in revenue since 2007 of $5,260,000, nearly a 25 percent decrease. We are showing a general fund balance of 2009 of $3.9 million. The proposed number for 2010 is $2.4 million. Even with cost containment measures we see $1.5 million reduction. Our year end budget projection for 2011 is $728,000. In 2012 we are projecting a $2.2 million deficit.

    Mr. Parham went through the budget by department. He said in some departments personnel is 80 percent of the budget. Seventy-two percent of the total budget is personnel related items; wages, pensions, insurance, etc. We have tried to avoid layoffs and look at reducing employees through attrition. In 2010 we are showing ten vacant positions: two police officers, one sergeant position, two police clerks, two firefighters, one crew leader, one maintenance worker and one administrative assistant in public works. The public works assistant superintendent is vacant and we need to fill that position. All ten positions are planned to remain vacant in 2010. Also, one employee in Parks Department has applied for disability retirement and one in Public Works is expected to retire in January. By 2014 thirty-five employees will be eligible to retire. After thirty plus years this is the first time we are not recommending a pay increase for employees. The only pay increase scheduled is 3.5 percent for patrol officers as part of their contract. The firefighters are currently in labor negotiations and we suggest no pay increase. That decision will be reached by an arbitrator if no agreement is reached. Step increases will continue as well as longevity pay. The City pays 14 percent for PERS retirement, 19.5 percent for police officers and 24% for fire personnel. We have scaled back our capital improvement projects. Unless we are receiving dollars from outside sources we are placing projects on hold. The 2010 capital budget anticipates $2.8 million in spending. Of that amount, $1.7 million is for two new projects. The balance of capital budget is to pay for current project costs that we anticipate will be closed out until 2010. Our only debt is on the Community Center. We issued a fifteen year bond for $5.9 million at an interest rate of 3.72 percent. Each year we have paid the principal plus the interest. The City created a TIF at Tri-County Mall for the traffic signal and entrance way on Kemper Road. The City advanced the dollars into the TIF and we were expecting to begin receiving service payments in 2009. Unfortunately, the value of the mall was reduced and it did not generate service payments for the TIF. We believe the value of the mall will adjusted to generate service payments in 2010.

    Council went through the document by department.

    Mr. Galster asked for a breakdown on the $9500 for community activities.

    Mr. Parham said we increased the fees for participants in the yard sale.

    Mr. Galster asked does bicycle safety cost money?

    Mayor Webster said we can give you a breakdown because we drastically cut that down. We eliminated a lot of the advertising. We increased the fees.

    Mr. Galster said a breakdown would be great.

    Mayor Webster said we do not have any money budgeted for debris removal in 2010. There seemed to be some sentiment in the Finance Committee that we have that. We started charging $25 for a pick up truck and $50 for a dump truck in 2009. We had 165 requests in 2008 and 97 request in 2009. We generated $3275 in fees. Mr. Agricola did a cost analysis and said for 100 percent cost recovery it would $262 to have a truck delivered to your house and then dumped at Rumpke. We are not proposing to charge that. If there is a desire to continue the program I suggest we bump the charge up to something like $50 for a pick up and $75 for a dump truck. We could probably do that program with out of pocket costs of $7500.

    Mr. Diehl asked for a breakdown on the $262 cost.

    Mrs. McNear said I wonder why you want to charge more but not cover our costs. I liken this animal control where we put the onus back on the homeowner. I love this program but with the financial situation I would like to see the fee bumped up if we are not going to charge the entire cost.

    Mr. Galster said estimated expenditures were $5600 in 2009. Is that the out of pocket expense?

Mr. Parham responded that was just the dumping fee. Mayor Webster proposed $7500 to cover the dumping fee.

Mr. Galster asked if said we are using overtime to do this program. Mr. Parham said no.

Mrs. Harlow said even with a fee increase it is still a valuable service. I would be in favor of increasing the fees to $50 or $75 for a pick up and $75 or $100 for a dump truck.

Mayor Webster said cost analysis can make the numbers prove whatever you want it to prove. We will have the trucks and the labor whether we do this program or not. The only fees left are gasoline and tipping fees. If you want to continue the program you can use the numbers and recover the direct costs. If you don’t want to do the program you can take Mrs. McNear’s approach, and say I want full recovery.

Mr. Diehl made a motion to continue the program for 2010 with fees of $50 for a pickup truck and $80 for a dump truck. Mr. Vanover seconded.

Mrs. Harlow said the Finance Committee can come back to Council and ask to raise the fees. Mr. Vanover said the program could be suspended if necessary.

After discussion the motion passed with seven affirmative votes.

Mr. Parham said we will continue our current rates with Rumpke for waste pick up. The Center for Local Government is looking for a cooperative for local governments to bid on a facility and haulers.

Mayor Webster said eighty-four percent of the residences have requested recycle bins, but not all using those. The City is billed for those recycling bins so please use them.

Mr. Galster said the City gets money back based on the amount of recycling we are doing.

Mr. Galster asked what is the $155,000 street light fee?

Mr. Parham said that is to pay the utility bill.

Mr. Galster asked can we have every other light turned off?

Mayor Webster said I don’t think we want to intentionally turn the lights off. They are there for public safety.

Mr. Squires said there is nothing in the budget for snow and ice removal.

Mr. Parham said we have enough salt to get us through this season. We have put $20,000 for road salt in two other line items.

Mr. Galster asked is there any consideration to eliminating or reducing the amount of the donations to the Chambers of Commerce?

Mr. Parham said we receive a great benefit from both organizations. The Cincinnati USA Chamber provides opportunities for exposure on a national and international level. Through the years they have provided opportunities for us. Fairfield has benefited tremendously. Even though they are not in Springdale we benefit with our retail and restaurants.

Mrs. Emerson stated I questioned that at the Finance meeting with the understanding that $10,000 is what Springdale was expected to pay. I did not question the Springdale Chamber. Is there any way we can reduce that amount.

Mr. Parham said it is Council’s pleasure. We will reduce them if you want us to. Again, I think the local Chamber has been a benefit for the City.

Mayor Webster said it’s hard to state definitely that it works. Our primary objective is to get the business but if it locates around us, we get a benefit from the fallout. We have given to the local chamber since its inception.

Mrs. Harlow said in this economic environment I don’t think we can afford not to participate in the Chambers.

Mr. Galster said my personal opinion is that we get benefits from real estate brokers. I’m not sure we get the benefit like we think we do from the Chambers.

Mr. Hawkins said I understand Mr. Galster’s concerns but I also agree that there’s likely to be some benefit to the Chamber putting Springdale’s name out there. What would be good is if we could have some means of objectively measuring new businesses and companies that come in to see how much of that is by way of the Chamber.

Mrs. Emerson said I was not questioning the importance of the Chamber. I was just wondering if we could cut some of the money. We have cut a lot of the other programs.

Mrs. Harlow stated the amount we give the Cincinnati Chamber is a level of participation.

Mr. Parham said if you reduce it you may not be competing at the same level. There will be times when companies are brought to our doorstep.

Mr. Vanover said the Chamber was involved in helping us salvage Avon when we went to the Enterprise Zone.

Mr. Parham said the Chamber brought the free trade zone in conjunction with Avon.

Mr. Parham said the Jobs Incentive Program has brought us Cincinnati Bell Technological Solutions and PCMS Datafit.

Mr. Galster asked is this the first year of two years that we have CMI in the budget under the Finance Department.

Mr. Parham said 2010 is the first budget year for the project. We have had CMI since I’ve been here. Our Tax and Finance Departments use CMI. CMI in formed the City that at the end of 2009 they will no longer provide a service agreement on our existing system. They want us to go to their newest system at $50,000. They are proposing to increase our maintenance fees from $4,000 to $7,000. We are looking at other options.

Mayor Webster said under Council and Legislation the numbers do not reflect the 3.8 percent pay reduction. Mr. Galster raised the issue of boards and commissions taking a cut and Mayor Webster questioned the cost efficiency of changing those pay reductions.

Mr. Galster said I was approached by board members who still felt they should be participating.

Mr. Galster asked do we have a breakdown for the funding to the traffic signal upgrade?

Mr. Parham responded we have already been awarded 80 percent funding. This is scheduled for 2011. We were told if we pushed it off until 2012 it would jeopardize the funding. We hope by 2011 we can find the $209,000 to pay for our share of the upgrade.

Mr. Galster asked is the funding for northbound SR 747 to I-275 lane addition secured? We are going to spend $280,000 in order to get $480,000.

Mr. Parham said that funding has been identified by the State. It was originally a $1.4 million project but it has been scaled back. The funding has already been secured. We just had a meeting with ODOT yesterday to discuss the project. We wanted to create two left turn lanes on SR 747 to I-275 westbound and bring the stacking lanes underneath the bridge. The State said no. The project at this point is just north of the bridge. We are able to create two left turn lanes and the only other work is the widening of the entrance to westbound I-275 at that same location. This is a project where we first engaged in creating a study that had to be accepted by the State, then was sent to the Federal Highway Administration. Once they signed off on it, we now know what we’re able to do.

Mr. Galster said we are still at 30 percent with construction engineering at 30% based on ten percent of that amount. In the 2009 budget we had originally put in $49,495 for the engineering and we spent $6,000 and pushed the project off.

Mr. Parham said we didn’t push the project off. In 2008 we budgeted $25,000 for the study. We budgeted another $25,000 in 2009 and 2010. TEC’s costs were expended mainly in 2007. The only thing spent in 2008 was $505. The remaining part to finish getting it prepared was $6,089. The $75,000 was prior to the information I received yesterday. The numbers will be dropping down.

Mr. Galster asked about the $10,000 amount under Revenues for Parks and Urban Forestry.

Mr. Parham said there is a project before Planning Commission.

Mr. Galster said I don’t anticipate $10,000 will be the number. The goal for Planning is to get the trees replanted. Nothing has ever been budgeted in the past.

Mr. Williams, finance director said this is based on conversations with Bill McErlane that we should be getting some money.

Mr. Parham said an appropriation ordinance will be before you in January.


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

Ordinance 31-2009 passed with seven affirmative votes.


First reading.


Mr. Diehl asked do we have history with this company? Mr. Parham replied no.

Mr. Diehl said then why are we going with a five-year contract?

Mr. Williams, Finance Director, said since I’ve been here we have always done a five-year contract. You can get a better price. We don’t have any experience with them but we didn’t have any with the company before either and that turned out well. They send proposals and I have to grade them. The Auditor of State does not give us their costs until after we grade them. Then you make your choice and the State has to agree with your decision.

Mr. Diehl said we have our pick of different companies. What happens if we don’t pick a good company?

Mr. Williams said that would affect their reputation if we complained to the Auditor of State.

Mr. Diehl asked could we get out of the contract?

Mr. Williams replied we would have to take that up with the Auditor of State but if we have just cause there would be no reason we couldn’t get out of the contract.

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

Ordinance 34-2009 passed with seven affirmative votes.


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

Ordinance 35-2009 passed with seven affirmative votes.


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

Ordinance 36-2009 passed with seven affirmative votes.


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

Mr. Parham stated since we are reducing the option of whether an employee can receive payment for vacation time in lieu of taking that time, Section 2 of the ordinance puts the option of taking vacation time as pay at the Mayor’s or Mayor’s designee’s discretion. Since we are not going to allow employees to get compensation for leave time, this will give employees more flexibility to use their vacation time. Under holidays we have added “or upon the approval of the Mayor or the Mayor’s designee”. Under conversion of vacation hours we added “subject to the approval of the Mayor or the Mayor’s designee.”

Mr. Parham said under Section 10, we are not providing uniforms for building inspectors. Instead they will dress appropriately and use their badges. We took out the language that says the Mayor is “directed” and simply said the Mayor is “authorized” so at some point in the future, if we provide the uniforms the language already exists.

Mr. Parham said there is language in the Code that allows employees to receive $125 for new safety boots or shoes each year. We are not going to make it automatic but if new shoes are needed we are going to reimburse the employee up to $125.

Ordinance 37-2009 passed with seven affirmative votes.

Mrs. Harlow said Mr. Coleman is interested in returning to the Civil Service Commission. Mr. Galster nominated Bob Coleman and Mr. Squires seconded. Mr. Coleman was appointed by acclamation.


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

Resolution R23-2009 passed with seven affirmative votes.

Mr. Vanover nominated Sharon Conrad for Charter Revision. Mr. Squires seconded. Mrs. Conrad was appointed by acclamation.


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

Resolution R24-2009 passed with seven affirmative votes.

Mr. Vanover made a motion to adopt and Mr. Squires seconded.
Mayor Webster said Pam Willis has been on the Board of Health for five terms. Her job has continued to grow to the point that she has a hard time making the meetings. She’s decided that it’s not fair to her or the board to continue. We appreciate what she has brought to the board and wish her well.

Resolution R25-2009 passed with seven affirmative votes.


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

Resolution R26-2009 passed with seven affirmative votes.


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

Resolution R27-2009 passed with seven affirmative votes.


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

Mayor Webster said Mrs. Mocsny has a diploma in nursing from Flint, Michigan; Master Of Science degree from the University of Cincinnati, and she’s retired from the Veteran’s Administration. She does volunteer work at the Drake Center. She’s an infection control nurse at Drake. She’s published magazine articles and even contributed to a chapter in a book in 1995. She’s extremely qualified.

Resolution R28-2009 passed with seven affirmative votes.

Mrs. Harlow said with the exception of an appointment to OKI in January that takes care of boards and commissions.

Mayor Webster said I still owe you a Parks and Recreation appointment. I’ll have that to you in January.

Mr. Parham said there is one for the Tax Review Board in January.

OLD BUSINESS                     -     none

    NEW BUSINESS                     -     none


    Special Planning Commission             -     December 22
    Rules and Laws                     -     December 29
    Board of Health                     -     January 14
    Board of Zoning Appeals                 -     January 19


Ordinance 33-2009


Appropriation Ordinance
Tax Review Board

Council adjourned at 10:43 p.m.

                        Respectfully submitted,

                        Kathy McNear
                        Clerk of Council/Finance Director

Minutes Approved:
Marjorie Harlow, President of Council

__________________________, 2009