President of Council Kathy McNear called Council to order on September 20, 2006, at 7:00 p.m.

The governmental body and those in attendance recited the pledge of allegiance. Mr. Knox gave the invocation.

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

The minutes of September 6, 2006 were approved with six affirmative votes.

COMMITTEE AND OFFICIAL REPORTS

Civil Service Commission - no report

Rules and Laws - no report

Public Health, Safety & Welfare - no report

Public Works - no report

Public Utilities - no report

Capital Improvements - Mr. Danbury said at the CSX grade separation both railroad tracks have been switched to the permanent alignment on the new bridge and the temporary railroad tracks have been removed. They are getting ready for the new pavement on SR 747. The Stage 3 plans for the SR 4 improvements at Crescentville are on schedule. The designing is being done now. The Kemper Road water main project should be completed in September. The widening of the road will begin in January and should be completed next September. The installation of the boilers for the Fire Department HVAC replacement is complete and the air handler and condenser should be completed in October. The construction on the west portion of the southbound lanes of the SR 747/I-275 project is to be completed the end of next week. Traffic will be relocated to the newly construction portion while the removal takes place on the east portion. This will be done until November and then shut down until 2007. The Police Department firing range renovation should be starting late September and be completed in late November.

Finance Committee - no report

Planning Commission – Mr. Vanover said the request for a map amendment for the Golden Leaf project on West Kemper Road was removed at the applicant’s request. Lowe’s requested a conditional use permit for outside display. We asked that they get better details and come back in October. A maintenance building addition was approved at the Vineyard Community Church. A development plan for Enterprise Rent-a-Car, 12123 Princeton Pike was approved.

Board of Zoning Appeals – Mr. Squires said a swimming pool ten feet from the property line was approved at 376 Cameron Road. A driveway closer than ten feet to a non-residential property was approved for Enterprise Rent-a-Car. A garage conversion at 919 Ledro was approved. A request for a privacy fence six foot ten inches to seven feet high on the west side was approved for 388 Naylor Court. The last item was a request for approval of a home occupation at 288 Kemper Road. The resident was recently granted a variance for an oversize pole barn. The variance will be for lawn care and snow removal only with hours between 7:30 a.m. and 8:00 p.m., no more than ten employees there, no more than five trucks there and sixty percent of that pole barn is all that can be used for that. That was approved with a 6-0 vote.

Mrs. Harlow said at the pool request on Cameron Road there were some underground wires that prohibited the pool being placed exactly where it was supposed to be placed. The excavator for the pool refused to go any closer than eight feet.

Mr. Vanover said the underground utilities should have been marked before construction.

Mrs. Harlow stated they said there was already electric there for the pool and electric that went to a shed. I don’t know if a call was made on that.

Mr. Galster asked are they going to park ten cars in their driveway for the home occupation?

Mrs. Harlow responded the gentleman said he has his employees drive the trucks home at night because where he has the equipment stored now he has had equipment stolen. When they come in the morning they will drive the company vehicle, pick up their trailer and leave. If anyone uses a personal car, he will park inside the garage or on the apron which is not visible from Kemper Road.

Board of Health – Mrs. Harlow said David Butsch gave a presentation on the storm water Phase II final ruling. Three or four years ago the region was asked to participate in a storm water protection plan. Springdale and Forest Park opted to operate individually and we had to come up with a plan to handle run off water not appropriate to be in streams, a dump of chemicals that shouldn’t happen, etc. The Health Department will have to be involved for notifying people and for resources. We also discussed the POD (point of dispensing) plan for residents to receive immunizations or antibiotics in an emergency. The Health Department is using the flu shot clinic on November 3^rd as an exercise. The Board of Health adopted a regulation authorizing the health commissioner to quarantine in an emergency. Mrs. Harlow said Mrs. Mitrione has done a great job with the ServSafe training, not only for English speaking workers but also for the Hispanic population.

Veteran’s Memorial Committee – Mr. Galster stated there were thirty-six golfers for the golf outing with a net profit of over $3,000 for the veteran’s memorial. I would like to thank some of the sponsors. Casco Fire Protection, Dave & Buster’s, McBride Dale Clarion, CDS, Gold Star Chili were major sponsors. Holes were sponsored by Northside Bank, Key Bank, LifeSphere, Platinum Restoration, Springdale-Forest Park Lion’s Club, Springdale Chamber of Commerce, Tan U Tanning, Gary Howard’s State Farm Insurance, Red Squirrel, Brooks & Sons Automotive. The door prize, a nice gas grill was donated by Lowe’s. I want to thank Golden Tee for the use of their facility. I also want to thank Derrick Parham for his efforts in putting it together, Mary Charles for checking everybody in and Jeff Tulloch for his efforts.

Mr. Galster said Frame USA put together an art festival on September 9^th and we received $515 from them towards the veteran’s memorial. The Seniors have deposited a total of $1445 net profit. We are into our third printing.

O-K-I – Mr. Knox reported I was unable to attend the OKI meeting but subsequent to the meeting I got together with Bruce Koehler of OKI who said he had made a presentation on what various communities had done in the area of wetlands restoration and we were very prominent in that because of the work we had done at Beaver Run.

Mayor’s Report – Mayor Webster said kudos to all those who made the golf outing a success and especially Mr. Galster, who went out and beat the bushes for most, if not all, of the sponsors and door prizes. You, Jeff and Derrick did an admirable job with that. This past weekend we also had the quilt and flower show. I heard nothing but positive comments and I have a very nice letter from the president of the Springdale Garden Club: “On behalf of the Garden Club I would like to thank you and each of your staff for their help during the recent flower show. The support and assistance given by both Martha Brillhart and Mary Charles was timely and excellent. This bicentennial event certainly would not have been possible without their efforts. The total attendance and comments of attendees shows that this is a signal event for the City, Garden Club and for encouraging city beautification through gardening.” She also sent a similar letter to Mr. Karle thanking him for the help of the staff.

Mayor Webster said the Chamber of Commerce had their expo with thirty-one exhibitors, which is up nineteen from the first year. They also had Wayne Krivsky as their luncheon speaker. About one hundred people attended that. The final event is the Taste of Springdale this coming Saturday. The food and drink suppliers are: Glendale Pub, Hooters, funnel cakes, Bahama Breeze, STAFF (soft drinks), beer operation with proceeds to the Veteran’s Memorial, Donato’s, Kadats, Gold Star Chili, Hawaiian Shaved Ice, The White House Tavern, Taj Mahal, Buffalo Wings and Rings, Graeters, Manor House, Springdale boosters (wine booth), Asian Buffet, Madison’s Market, Bluebird Bakery, Cic Ci’s Pizza, Springdale Forest Park Lion’s Club (lemonade, ice tea, water), Mustard’s Last Stand. Every household in the City will receive a postcard reminding them of the event and shuttle busses will be running as they do for the festival. The dedication of Springdale Elementary School is at 1:00 p.m. The Taste is open 4:00 p.m. to 10:00 p.m. There will be tethered hot air balloon rides from 5-6 p.m., Cincinnati Civic Orchestra from 6:30 to 8:30 p.m. and fireworks at 9:00 p.m. We’d like to acknowledge the volunteers who helped us with this which we will talk about at the next meeting. We’d like to have a reception in the rotunda before a Council meeting and then award some plaques during the meeting. If it rains about the only thing we can salvage is the orchestra. That will be in the gym.

Mayor Webster read a letter that says: “Dear Mayor Webster, Jay and I want to thank you for the spectacular bicentennial parade. We both have lived in Springdale for over seventy years and this is the first time we have seen such a striking parade. We also have purchased the informative history book and the cookbook. We are proud to live in Springdale and participate in the bicentennial. Sincerely, Betty and Jay Nudds”

Mr. Danbury said we also had an antique car show the day of the art show and that was very well received. I’d like to publicly thank Graeter’s Ice Cream for stepping up to the plate. They really helped the City out by basically donating all the ice cream and it’s great to have corporate citizens like them and all the others who stepped up and tried to be partners with us.

Clerk of Council/Finance Director - Mr. Knox said there will be a special election in Precinct E by petition stating “shall the sale of wine and mixed beverages, and spiritus liquor be permitted for sale on Sunday between the hours of 10:00 a.m. and midnight by Ruby Tuesday, a holder of a D-6 liquor permit who is engaged in the business of operating a family oriented, full service restaurant offering full course meals, etc.”

Administrator’s Report –Mr. Osborn stated we were approached by representatives of LifeSphere concerning partnering and assisting them in replacing their phone system throughout their entire operation, all locations in Hamilton County and Butler County. The system they have in place now was installed in 1992 and is no longer supported by the manufacturer. The cost of the phone system for all their locations is just under $1.5 million. They have asked us to engage in a tax exempt note. There is no obligation by the City to pay this note nor is there any way that this can come back on the City. They would like to talk to us about issuing a $1.5 million note for five years. They are proposing that we have this before Council on October 18.

Mr. Osborn said the street lighting on the grade separation has been a budget item for three or four years. The proposal from Duke to perform the work is $140,636.10. We have had a budget number of $100,000. We are $40,636.10 over budget but we have to put the lighting in. We would like legislation at the next meeting considering the contract.

Mr. Osborn continued I had a call from Mayor Neuss last week to let me know how much he enjoyed the parade. He brought in legislation from day one, very early planning and zoning information and photographs of the first Council meeting.

Mayor Webster said I would like to implore the help of Council. We are going to give three awards at the Taste of Springdale, best value, best taste, and best decorated booth and I would like the elected officials to serve as judges for that.

Law Director’s Report - no report

Engineer’s Report - no report

COMMUNICATIONS

Mr. Knox read a letter stating: “I am a resident of Springdale for the second time. I lived here about ten years ago and returned several months ago. I wanted to write to someone to let you know what a wonderful job you are doing with Springdale. It’s a wonderful place to live and I feel secure and quite proud to say I’m a resident again. I think what you have done to Springfield Pike is absolutely beautiful, the flowers, the sidewalks and crosswalks, the care given to our streets and the cleanliness is to be complimented. I don’t know who is behind all of it but it is appreciated and I felt I should let you know. I love my community here at Maple Knoll but love to see all the beautiful things that are going on in Springdale. It’s nice to see our tax dollars at work for something nice for a change. Keep up the good work. Sincerely, Katherine Beckett”

Mr. Vanover said to go back to the voting issue, I have received notice that the voting for the two precincts has been relocated from Heritage Hill School to Vineyard Church.

COMMUNICATIONS FROM THE AUDIENCE

Sandy Burrell, 11818 Glenfalls Court, said I’m a dog owner. My dog has its shots. I take my bag with me. She’s on a leash wherever she goes. What concerns me is the number of viscous dogs I see, particularly pit bulls. I call the Police Department and they do answer and call me back. The one I saw today was on Glensprings Drive. The police told me they have to have insurance, be on a leash, be muzzled, and they have to have a cage so many feet in the ground with a top on it. The one I saw today was unleashed, unmuzzled, unpeopled. There was no one around the dog and it was across the street from a school bus stop. Who checks to see if they have insurance?

Mr. Danbury said we have a neighborhood watch throughout the community. We really rely on citizens to notify the Police Department.

Mr. Osborn said I fully support your concern. I am a dog owner myself and I have felt threatened by dogs running lose intent on harming my dog. Once the Police Department identifies the owner of a pit bull they visit the home, ask for proof of insurance and inform the owner of the rules. If they don’t have insurance they have a certain amount of time to do that. There have been occasions when people don’t want to comply and they have moved their dogs out of the city. Over the last twelve months we have probably had at least six occurrences where we have had to deal with this type of issue. We don’t have any control or knowledge when someone brings a dog like this into the community. As soon as it is identified to us the Police Department will respond promptly. Captain Hafer coordinates the response for the Police Department.

Mr. Danbury said many people would like to have more than two dogs. The fire and police departments tell us there could be a danger with more than two dogs in the home.

Ms. Burrell said my sister is a retired postal worker. She said if a dog attacks somebody on a street, they will not deliver mail anywhere on that street.

Mr. Vanover said I too am a member of Crime Watch. The concern doesn’t stop with dogs. It’s anything, people, vehicles, etc. If you see something going on in your neighborhood that doesn’t look right, we are the eyes and ears.

Chris Kinnard, 673 Hillgrove Court, asked can a resident get a copy of the storm water management plan?

Mr. Osborn said the Clerk of Council has the legislation in his office and he can make you a copy of it after the meeting.

Mr. Kinnard asked does this also include your chemical release plan?

Mr. Osborn replied I’m not sure what she was referring to about that. We are trying to control illegal and illicit discharges into the storm sewer system of the City. The reaction to that is to identify the material and its source and notify EPA.

Mr. Kinnard stated I have expertise in that area and I used to be in charge of the environmental department at Mound Lab in Miamisburg and I know how important it is for communities like this to have a plan and be able to interact with the local fire department as well as the EPA in an emergency.

Mr..Osborn said I was going to get into this during the first reading of the ordinance. We have an emergency operation plan for the City for things like an overturned tanker that is leaking into the storm sewer or if we have something coming out of a plant that changes the color of the water and fish start to die, we have to go back upstream until we find the right location, then we start asking questions about what is going on there. The Fire Department is of assistance there but it does involve a lot of departments, police, fire, public works, etc.

Mr. Vanover said isn’t this part of the Clean Water Act?

Mr. Osborn replied yes, this is part of Phase 2 which took effect about two years ago. We are in a position to file an application for permit. We received our permit and part of that permit process is that we put together a five-year plan to bring us into compliance with NPDES policies. The ordinance before you tonight is one of our major objectives for 2006.

Mr. Vanover said two of the examples Mr. Osborn gave have happened. We had a substance get into a creek and we had a fish kill, and we also had gray water because some place upstream was flushing tanker trucks.

ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 66-2006 “AMENDING ORDINANCE NO. 61-2006 AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO AMEND THE CONTRACT WITH MEGGITT DEFENSE SYSTEM/CASEWELL FOR THE INSTALLATION WORK ON THE SPRINGDALE POLICE FIRING RANGE RENOVATION PROJECT AND DECLARING AN EMERGENCY”

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

Ordinance 66-2006 passed with six affirmative votes.

ORDINANCE NO. 67-2006 “AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH CARGILL, INC., FOR THE PURCHASE OF HIGHWAY DE-ICING ROCK SALT AND DECLARING AN EMERGENCY”

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

Ordinance 67-2006 passed with six affirmative votes.

ORDINANCE NO. 68-2006 “ADOPTING SECTION 95.03 OF THE SPRINGDALE CODIFIED ORDINANCES REGULATING ILLEGAL DISCHARGES AND ILLICIT CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)”

First reading.

Mr. Osborn said we have been working on this ordinance for six months. It has been reviewed by staff as well as the Law Director’s office. Enforcement of this legislation requires many departments, police, fire, health, public works, City Engineer’s office, etc. We had Dave Butsch take this before the Board of Health last Thursday because every law we have on the books has to have an administrative appeal before it goes to court. The logical place for the appeal is the Board of Health. If there is any dispute of any order issued under this legislation there would be an appeal right to the Board of Health. The Board of Health would adjudicate it with an administrative response. Once the administrative appeal is exhausted, then and only then, can someone seek relief in the county court system. Also, the intention here is to bring us into compliance with the Clean Water Act of 1976 and the National Pollution Discharge Elimination System (NPDES). The regulations to which we will be held accountable are established by the federal government under NPDES and this is just one of the things we are doing to bring our city into compliance. We have to be able to identify and respond to discharges.

RESOLUTION R16-2006 “ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) FOR THE CITY OF SPRINGDALE)

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

Mr. Osborn stated we have been operating under a standardized emergency response system for several years. The need for a national standard has clearly grown over the last five years and as a result, Homeland Security did issue this directive a few years ago. The Fire Department is up-to-date right now and the Police Department will be by the end of the year. We have to adopt this ordinance committing the City to the policy and we have to meet and stay current on the training standards that are established by Homeland Security and these will evolve. We are committing ourselves to a very fundamental and basic philosophy here and I don’t see any reason why we should resist.

Mrs. Harlow asked how does Springdale fare against other cities our size in preparedness? I think of things like the flu shot clinic being a trial run for dispensing medicines should we need it.

Mr. Osborn responded I can’t talk globally about departments all over the state but I believe most jurisdictions of our size work equally as hard as we do to meet these standards. We put together an emergency operation plan. You want those people in that emergency operation plan to do something very similar to what they do in their day to day work activity. It’s just an expanding of those responsibilities and training, training, training. I wouldn’t want to judge other departments. From what I see other departments throughout the County are addressing this very professionally and I wouldn’t want to gauge how we stand against them.

Mrs. Harlow said when we talked about this at the Board of Health meeting, it was impressive when you think about all the planning that went into it, the critical thinking that takes place and the protocol that’s being addressed. I want to take our hats off to the different departments because I don’t think the average resident knows the details that go into making a plan of this type.

Mr. Osborn said that protocol you are talking about is a county-wide protocol and regionally effective protocol for distribution of prophylactic drugs in the event of certain types of anthrax or if there needs to be an inoculation because of bird flu. The Health Department has been the lead agency in tabletop exercises with other public safety departments here in the City, but the drills are on a regional basis. We participate by phone with other jurisdictions throughout the County plus the County Health Commissioners. I can’t say every health department has the resources we have but those in the County are going to be equally protected in an event.

Mayor Webster said I don’t think we can compare ourselves to other cities but what I can tell you is that I serve on the Hamilton County Municipal League Executive Committee and another member, Ted Shannon from Fairfax, is an active member of the Emergency Management Committee for the region. We have been told by the Homeland Security Department that this area in Ohio is light years ahead of most of the regions throughout the United States. The federal government has pumped a lot of money into this program, but it’s been spent here very wisely. There are a lot of public officials and public servants in the area who have taken ownership of this issue and I think we are probably better prepared to respond to an emergency than any other area in the country.

Mr. Vanover said I’m electrical contractor licensed by the State of Ohio. In my license renewal packet I have to file an affidavit stating that I do not knowingly do work with or associate with known terrorist groups. So the security issue is far reaching and is something that has to be dealt with.

Mr. Knox said no OKI meeting goes by without homeland security being mentioned. They take it very seriously.

Resolution R16-2006 passed with six affirmative votes.

OLD BUSINESS - none

NEW BUSINESS - none

MEETINGS AND ANNOUNCEMENTS

Community Crime Watch Picnic - October 7

COMMUNICATIONS FROM THE AUDIENCE - none

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

Ordinance 68 October 4

RECAP OF LEGISLATIVE ITEMS REQUESTED

Contract with Duke for grade separation light - October 4

Council adjourned at 8:32 p.m.

Respectfully submitted,

Edward F. Knox

Clerk of Council/Finance Director

Minutes Approved:

Kathy McNear, President of Council

__________________________, 2006