President of Council Marjorie Harlow called Council to order on June 18

   President of Council Marjorie Harlow called Council to order on June 18, 2008, at 7:00 p.m.

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

    Mrs. McNear took roll call. Present were Council members Diehl, Galster, Squires, Vanover, Wilson and Harlow. Mr. Danbury was absent.

    The minutes of June 4, 2008 were approved with six affirmative votes.

    COMMITTEE AND OFFICIAL REPORTS
    Civil Service Commission    -    no report

Rules and Laws – Mr. Squires stated that Resolutions R11-16 pertaining to the report at the last meeting for Charter changes are on the agenda.

Mrs. Harlow said Resolution R17-2008 that speaks to the 50% for Council at large will be added also.

Finance Committee        -    no report

Planning Commission – Mr. Vanover reported Baldwin Grove is out of money and the landscaping plan in place is not what we approved. The construction budget was grossly overrun and we accepted the plan as is with allowances for them to budget money to make additions annually. Sports Orthopedics requested a fascia change which was approved.

Board of Zoning Appeals – Mr. Diehl said the City asked for a 19 foot rear setback instead of 22 feet at 12065 Greencastle. The board agreed to keep that at 22 feet and go three feet forward. Two utility sheds and one hot tub setback were also approved with amendments.

Board of Health        -    no report

Veteran’s Memorial Committee – Mr. Wilson said the golf outing was a success and I would like to thank all the volunteers, committee members and golfers. We have four outstanding invoices but we will probably net $12,000. I just saw another sketch of the two statues. The committee has agreed to add the back pack to the soldier.

Mayor Webster said Jay Dennis did a marvelous job with this golf outing.

O-K-I        -    no report

Mayor’s Report – Mayor Webster stated we have an ongoing episode with coyote sightings. We are not ready to put sharpshooters in the area but a flier will be delivered to homes that back into Mary Knolls alerting them to the sightings.

Clerk of Council/Finance Director – Mrs. McNear said I’d like to bring your attention to Resolution R10-2008 and ask that you approve the adoption of the tax budget.

Administrator’s Report        -     no report
Law Director’s Report         -     no report

Engineer’s Report – Mr. Shvegzda reported there was a pre-construction meeting for the SR 4/Crescentville ODOT project. There are some paving issues with the contractor on the Kemper Road Phase III project. The concrete walkways are almost completed on the Veteran’s Memorial and the flag pole installation is complete. The West Kemper Road project from SR 4 to Hickory is on hold pending outside funding. We will be submitting for PWC funding for the SR 4 lane addition at I-275. The 2008 street program contract was awarded to Mt. Pleasant Blacktopping and they are anticipating construction will begin later this month with a completion date of October 2008.

    COMMUNICATIONS                         -     none

    COMMUNICATIONS FROM THE AUDIENCE          -    none

    SWEARING IN OF POLICE OFFICERS

    Mayor Webster swore in Brandi Kelly and Kellon Lyons.

    Chief Laage said Brandi Kelly graduated from Great Oaks Police Academy in August 2006. She worked as a part-time officer in Oxford.

    Chief Laage said Kellon Lyons is currently attending the University of Cincinnati. He also attended the Clermont Branch of the Cincinnati Police Department and has received his police officer certification. He has completed a number of community service projects such as Tender Mercies.

    Chief Laage said I want to personally thank Mr. Osborn and Mr. Parham. We have been trying to get staff up to where we feel we should be for a long time. I’m very pleased at where we are. This test for these positions started in September. Mr. Parham has been very involved in this process. I want to thank him for his participation.

ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 26-2008 “CONFIRMING THE DESIGNATIONS OF DEPOSITORIES BY THE FINANCE COMMITTEE OF COUNCIL, INCLUDING US BANK AS THE DEPOSITORY FOR THE ACTIVE AND/ OR INTERIM DEPOSITS AND FIFTH THIRD BANK, CHASE BANK, KEYBANK, HUNTINGTON NATIONAL BANK, AND NORTH SIDE BANK AS DEPOSITORIES FOR INTERIM DEPOSITS OF THE CITY OF SPRINGDALE, OHIO; DECLARING ALL PUBLIC MONIES COLLECTED OR TO BE COLLECTED DURING THE PERIOD OF DESIGNATION TO BE ACTIVE OR INTERIM DEPOSITS; AND ESTIMATING THE PROBABLE MAXIMUM AMOUNT OF MONIES SUBJECT TO DEPOSIT THEREIN AT ANY TIME DURING SAID PERIOD AND DECLARING AN EMERGENCY”

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

Mayor Webster said I do some part-time contract work with Northside Bank. However, in my eyes that does not present any conflict since they are only eligible for interim deposits, which means they can bid on CDs. If they have the lowest rate I would think the Finance Director would take the best offer. Therefore, I will be signing this.

Mrs. McNear stated I am a former employee of Fifth Third Bank and have a close family member who is employed by Fifth Third.

    Ordinance 26-2008 passed with six affirmative votes.

RESOLUTION R10-2008 “ADOPTING THE TAX BUDGET OF THE CITY OF SPRINGDALE FOR THE YEAR JANUARY 1, 2009 THROUGH DECEMBER 31, 2009”

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

Mr. Osborn said the core of the tax budget you see before you is the 2009 figures from our five-year budget which the Finance Committee reviewed last fall. There is a little more editing this year than in the past years because of revenue trends that we see as giving us a different perspective on what the outcomes might be on some of our taxes. We have cranked back revenues and we have cranked back expenses as well.

Resolution R10-2008 passed with six affirmative votes.

RESOLUTION R11-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO ARTICLE III, PARAGRAPH E, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

Mrs. Harlow said this is changing the wording of “Superintendent” of Public Works to “Director” of Public Works.

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

Resolution R11-2008 passed with six affirmative votes.

RESOLUTION R12-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO ARTICLE III, PARAGRAPH G, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Mrs. Harlow said this revised wording: keep all records of the Clerk of Council in the Clerk of Council/Finance Director’s office with revised wording,“with the Mayor and City Administrator” prepare the budget and annual appropriations ordinances. Also, “be responsible for the conduct of an annual audit of all records maintained by the City in accordance with the Ohio Revised Code including those of the Mayor’s Court which funds are supervised by the Mayor and Chief of Police, and on a schedule directed by Council recommended. There are three proposed items, J, K and L.

Resolution R12-2008 passed with six affirmative votes.

RESOLUTION R13-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO ARTICLE VII, D, PARAGRAPH 3, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Mayor Webster said we added the word “tax” in front of the word “budget” in four places in this paragraph. Had Charter Revision not recommended another change we probably wouldn’t even be doing it just for that, but Charter recommended that the Finance Officer be added to the people responsible for the budget.

Mr. Galster said what I’m looking at shows a change of the budget being submitted “on or before the first day of June” and changing it to “a meeting prior to when it’s required.”

Mayor Webster replied that is correct. We took out a specific date.

Resolution R13-2008 passed with six affirmative votes.

RESOLUTION R14-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO ARTICLE VII, F PARAGRAPH 3, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Resolution R14-2008 passed with six affirmative votes.

Mr. Osborn said the current Charter has certain limits on the amounts that can be purchased through petty cash and the size of the petty cash account. The changed language gives the authority to City Council to set those limits as long it is consistent with the Ohio Revised Code.

RESOLUTION R15-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO ARTICLE VII, F PARAGRAPH 4, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Mr. Osborn said this amendment will drop language that is no longer necessary. In the first sentence of the original it refers to limits imposed by Ohio Revised Code Section 5705.41 “which is presently $5,000 and may be amended or modified, etc.” That language is being dropped. The intent and effect of the section is not changing. This relates to certification of available funds.

Resolution R15-2008 passed with six affirmative votes.

RESOLUTION R16-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO THE ARTICLE IX, D, PARAGRAPH 2, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Mr. Osborn stated this deals with the requirement that the City obtain fidelity bonds for all those employees and officials who handle or control money or other property. As you can appreciate we cannot buy fidelity bonds for every person. That would be terribly expensive. In the past we have purchased blanket bonds but blanket bonds are apparently getting more difficult to acquire and sometimes are not available. This change allows us to buy insurance to protect us from loss by theft. We are giving the City another option to protect itself against theft by employees.

Resolution R16-2008 passed with six affirmative votes.

RESOLUTION R17-2008 “DIRECTING THE HAMILTON COUNTY BOARD OF ELECTIONS TO SUBMIT TO THE ELECTORS OF THE CITY OF SPRINGDALE, OHIO, AT THE NOVEMBER 4, 2008, GENERAL ELECTION, A REVISION TO THE ARTICLE V, B, PARAGRAPH 6, OF THE CHARTER OF THE CITY OF SPRINGDALE AND DECLARING AN EMERGENCY”

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

Mr. Galster said I haven’t seen Attachment A to even know what we are voting on and does it need to be voted on tonight in order to meet the Board of Elections timeline to be on the ballot?

Mr. Schneider replied there is an August 15 filing deadline. What is the issue?

Mrs. Harlow responded the issue is for candidates running for Council at large must be nominated by petitions signed by qualified electors at least 50% of whom reside outside the district of his residence. They would like to eliminate that verbiage.

Mr. Galster said I’m not necessarily opposed to it but would like an opportunity to read it before I vote. As it is now, having not been given the opportunity and given the fact that we have additional time in July to pass this, I’ll be voting against it because I haven’t had the opportunity to read the attachment.

Mr. Wilson said I haven’t seen it either.

Mrs. Harlow stated it was brought in right before the meeting and I apologize for that.

Mr. Wilson said I would like to read it even if we take a five minute break to review it and then vote. I have an issue with voting on something I have not seen.

Mayor Webster said Mr. Osborn and I attended a Rules and Laws meeting. This was recommended to be put on there and have a resolution. Rules and Laws committee had a meeting after that and had a split vote, 1-1. Mr. Squires gave that report at the last meeting so he did not officially ask the Law Director to bring in a resolution for this. After the meeting there was an informal meeting of several elected officials. The consensus of the elected officials gathered here was that we should go ahead and do that. The way it stands right now there is a tremendous unfair advantage to an incumbent running for office. For someone who’s not up here, not aware of the Charter and this provision, could get a list of rules and regulations from the Board of Elections but this would not be part of it. Mr. Squires saw the error of his ways and I guess officially the word did not get to the Law Director to bring in this resolution.

Mr. Wilson said my only issue is voting on something we have not seen.

Mrs. McNear said since we are going to break for executive session we could have the copies made. It is only one sentence.

Mr. Vanover said we were assured point blank by the Board of Elections that they would not enforce that special clause in our Charter. There’s a potential snag that could be unfair.

Mr. Squires stated there have been some miscommunications but I did correspond with Mr. Forbes at the last meeting and asked him to bring forth legislation for this issue.

Mr. Galster said I’ll just define where this is in the Charter. It’s Article 5, paragraph B, item 6 in reference to the political section. Given that as a definition for the attachment and deletion of line 6 I have no problem.

Mrs. Harlow asked does Council feel comfortable voting on this or do you want to table it until after executive session?

Mr. Galster said I make a motion that we add to Resolution R17-2008 that it just define Article 5, paragraph B, Section 6 as being deleted and that follow up Attachment A will be submitted for the record. Mr. Wilson seconded. The motion passed with six affirmative votes.

Resolution R17-2008 passed with six affirmative votes.

OLD BUSINESS

Mr. Squires said Rules and Laws would like to extend to Charter Revision Committee a heartfelt thanks for the work that you did to submit these changes. These are the first Charter Revision that I can recall in my years of service to Council and these are good changes. They are non monetary issues. They are just changes to make the Charter more in tune with the Ohio Revised Code. Charter Revision did not recommend to us originally what you heard as Resolution R17. The committee met and decided it was a proper change.

Mr. Galster asked has there been any additional discussion on Kemper Road sidewalks? A couple of residents have asked.

Mayor Webster replied no. Neighborhoods change, feelings change. I think if there is a groundswell of desire to have a sidewalk or sidewalks, from SR 4 to Lawnview, those folks need to let us know about it.

Mr. Osborn said in 2007 we constructed the first segment of a sidewalk on Northland Boulevard. We applied for funding this fall for a major improvement on Northland Boulevard, and as part of that we hope to include a sidewalk the rest of the way along the north side of Northland Boulevard to connect at Kemper. So perhaps, in a short term we might have a sidewalk from Kemper and Northland all the way to Northland and Springfield Pike.

    NEW BUSINESS

    Mrs. McNear said there is a liquor license request for Target Corporation for a C1-C2 which means in original sealed containers for carry out only until 1:00 a.m. and wine in certain pre-packets, mixed drinks in sealed containers for carry out only until 1:00 a.m. There were no objections.

    MEETINGS AND ANNOUNCEMENTS

    Board of Zoning Appeals                 -     July 15

    Mayor Webster said a couple of meetings ago we asked the Law Director to prepare a resolution imploring our elected officials in Washington to give us some relief on oil/gas prices. Several reasons have delayed that. I distributed to you Time of Change Vote. It certainly has a bearing on what we requested. I’d like to pass it on to Mr. Schneider so when he gets ready to put the final document together to please consider that. In the meantime, I got another document off the internet from a place called American Solutions for Winning the Future. This survey they did indicates that support for drilling is at 81 percent in this country. I’d like to pass this on to Mr. Schneider also.

    Planning Commission                     -     July 8, 2008

    Mr. Vanover said there are several other groups that have signed on with support for drilling. In my mind, as soon as we can get out of dependency for foreign oil, the better off we will be. We’re paying for the mistakes of the past and it’s time to get it corrected.

COMMUNICATIONS FROM THE AUDIENCE    -     none

Mr. Diehl made a motion for Council to go into executive session as a committee of the whole to discuss economic development, personnel matters and possible litigation. Mr. Vanover seconded. The motion passed with six affirmative votes.

Council went into executive session as 8:20 p.m. and reconvened at 8:50 p.m.

UPDATE ON LEGISLATION STILL IN DEVELOPMENT    -    none

RECAP OF LEGISLATIVE ITEMS REQUESTED

    MVRMA Workers’ Compensation Group Rating Plan    -     July 16, 2008

Council adjourned at 8:55 p.m.

                        Respectfully submitted,

                        Kathy McNear
                        Clerk of Council/Finance Director

Minutes Approved:

Marjorie Harlow, President of Council

__________________________, 2008



City of Springdale Council

    June 18    2008