President of Council Kathy McNear called Council to order on October 18, 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, Wilson and McNear. 

 

            The minutes of October 4, 2006 were approved with seven affirmative votes.

 

            COMMITTEE AND OFFICIAL REPORTS

            Civil Service Commission – Mr. Strange reported that the Commission did not meet this month.  However, we certified the top ten candidates for the position of Inspector Supervisor and they are working through the hiring process.  We had sixty-three applications and actually forty-three applicants for the Senior Administration Assistant position.  We have certified the top ten candidates to the City.  We received 163 applications for the position of maintenance worker. 

 

Rules and Laws                                                                 -               no report

Public Relations                                                                 -               no report

Public Health, Safety & Welfare                                         -               no report         

Public Works                                                                      -               no report

Public Utilities                                                                     -               no report

 

Capital Improvements – Mr. Danbury stated a lot of the work at SR 747 has been done.  This Friday at 7 p.m. Progress Place will be closed down until Monday at 6 a.m.  This will allow the remainder of Progress Place to be completed to SR 747 and traffic will be moved into a portion of the permanent alignment.  We are looking at a mid November date for substantial completion.  The SR 4 construction at Crescentville will start in the spring of 2008.  The thirty-six inch water main construction for Kemper Road Phase III is basically completed.  Signal works, storm sewer, and modular wall construction has begun.  The widening will begin in January 2007.  The HVAC replacement at the Fire Department will be completed and operational by the first week of November.  The re-roofing at the Fire Department has been substantially completed.  The SR 747 pavement removal at I-275 for the southbound lane is completed.  The base should be completed by October 20th.   After completion, northbound  traffic will be diverted to the eastern portion of the area so construction can take place on the northbound lanes.   The Police Department firing range renovation should start late October and take about a month.  The Community Center renovation should be completed by the end of October.

 

Finance Committee                                                            -               no report

                                                                                           

Planning Commission – Mr. Galster said the first item was for a conditional use permit to allow outside display at Lowe’s.  The applicant was originally approved for outside storage underneath the canopies of the building.  We approved additionally to allow a smaller loading area than what they presently use on the side of the building with additional landscaping.   Some of the parking areas are going to be converted to grass and Lowe’s will be allowed to put sheds up like they are on permanent display with grass around them.  That was approved 7-0.  We had approval of the Christmas tree lot at 11700 Princeton Pike.  Whiskey Willie’s requested to enlarge their deck.  That was approved with the condition that there would be no live music or piped audio to the deck.  The next three items were a zoning map amendment and preliminary plan approval for a medical professional office site at 242 to 252 West Sharon Road and also the development of a coffee shop/deli plan at 11093 Springfield Pike.  We were looking at converting it to a transitional overlay district and we have a request to have it before Council on November 15.   

                                                                                           

Board of Zoning Appeals – Mr. Squires stated they had a request from a resident at 746 Glensprings Drive to allow the placement of a utility building closer than five feet from his property line.  The shed had been erected without a permit and too close to the property line.   A motion was made to allow an eight foot by ten foot shed at that location.  If the applicant eventually wants a larger shed he will have to comply with the Code.

                                                                                           

Board of Health – Mrs. Harlow reported that they had the second reading of the 2007 food service fees.  The Health Department would be involved in a tabletop exercise on October 18 involving the whole southwest region.   The flu shot clinics are scheduled.  November 3rd is filled.  The second date is November 9th.   There are two issues on the State ballot.  Issue 4 is a “smokeless Ohio” initiative.  It is a proposed amendment to allow smoking in certain areas.   This amendment would also override home rule, invalidating and prohibiting local bans on smoking.  Issue 5 is a “smokefree workplace” act.  This would prohibit smoking in public places with some exemptions.   You want to investigate for yourself and make sure you understand the issues as you go into the polling place.

                                                                                           

Veteran’s Memorial Committee                                          -               no report

 

O-K-I – Mr. Knox said they gave us the new bylaws that have not yet been voted on.  The major change is that they are removing four seats on the Board of Trustees for cities under 40,000.  I assume the reason is that very few people from cities under 40,000 show up for the meetings.  They are replacing them with twenty residents of the County.  The second thing is that they changed the nominating committee.  There have been problems with other counties having a disproportionate amount of people on the executive board.  The final solution is going to be that the eight County Commissioners and Judge Executives of each of the counties will be the nominating committee. 

                                                                                           

Mayor’s Report – Mayor Webster stated on November 15 at 6:00 p.m. we will host a reception for the major sponsors of our bicentennial activities and also for the individual volunteers who worked on some of the committees.  We’d like to invite City Council to participate in that reception.  We’d also like to honor those people at the Council meeting that evening.  

 

Mayor Webster continued the 12065 Greencastle lot that we purchased earlier this year and demolished the house is ready to be put on the market.

 

Mr. Tulloch said the house on the lot was demolished and the site is in a developable condition.  Rather than list the property we decided to do a request for proposal, asking people who are interested in that lot to submit a proposal to the City which will include two things.  One is the design concept for the home, and then the purchase offer for the property.  I have these requests for proposals which include the zoning ordinance, plat layout and a description of what the City’s expectations are, and they can be obtained by writing to the City or by picking them up at the front desk.  We are asking that they be submitted to the City by November 15.

 

Mayor Webster said each bidder will be requested to submit two bids, the design bid and the financial bid.  We will open the design bid first.  If we don’t like what we see in the design bid we won’t even open the financial bid.  We had a very blighted condition.  We think it was the wrong house on the wrong lot and we want to make sure that doesn’t perpetuate into another new home.  We want to make sure it fits the neighborhood and will comply with our building and zoning regulations.

 

Mr. Tulloch stated it will be advertised in the Cincinnati Enquirer and Community Press.

 

Mr. Galster asked if we have a resident who is picking up this package, are there a lot of requirements for documentation, forms, etc.?  Is that enough time for someone who doesn’t usually go through the City bidding process to get together the architectural drawings, etc.?

 

Mayor Webster replied we think it’s enough time.  I guess if we get enough requests for an extension I guess we can extend it but we think it’s enough time.

 

Mr. Tulloch said if someone wants to do a ground up architectural design it probably would be tight, but in all likelihood people are going to used standardized elevations, footprints of the building, etc.  The requirements are not that extensive.

 

Mr. Danbury asked did we ever find out the cause of that foundation sinking on that lot?

 

Mayor Webster replied no.  We think the lot was probably not properly graded and compacted, but we don’t know that for a fact.

                                                                                           

Clerk of Council/Finance Director  - Mr. Knox said I would like to recommend the passage of Resolution 17-2006, commonly called the tax budget.

                                                                                           

Administrator’s Report -  Mr. Osborn said we would like to dispose of two police vehicles.  The first is a 2000 Ford Crown Victoria with 92,000 miles on it.  The second vehicle is a 1995 Mercedes C280 that came to us through forfeiture through an arrest and the transfer was court ordered to the City.  The Mercedes was received as part of an identity theft ring investigation.  The Mercedes was used for transportation while the owner and his partner defrauded hundreds of people across the country of hundreds of thousands of dollars.  We would request legislation at the next meeting confirming that these vehicles are no longer needed for public purpose and we’d be authorized to sell them.  We are going to try to sell them on e-bay this year.

 

Mr. Osborn stated ODOT is planning a major project on I-275 from SR 42 to Winton Road.  It will begin in 2007 and run to 2011.  In order to provide as much information as possible to the businesses affected along that part of the corridor, ODOT is holding a public meeting on November 28 at the Sharonville Convention Center.  We will be sending correspondence to the businesses we can identify as part of our inspection list from the Fire Department because we think that is the most complete list advising them of this meeting, and hopefully they will be able to obtain information that help them plan around this event. 

 

Mr. Osborn said I received a request by the Mill Creek Council of Communities for them to make a presentation to you at November 1.  They will review for you the services and responsibilities of the organization.    

 

Law Director’s Report – Mr. Schneider said I have some changes for Ordinance 70-2006 and I want to have a motion to amend since it has already been read.  Mr. Tulloch went to make copies of the amended ordinance.

                                                                                           

Engineer’s Report                                                              -               no report         

 

            COMMUNICATIONS

 

            Mr. Knox said we have one communication from the Board of Elections.  Ruby Tuesday’s is requesting to serve alcoholic beverages on Sunday.  This will be voted on in Precinct E.

 

            COMMUNICATIONS FROM THE AUDIENCE -         none

 

ORDINANCES AND RESOLUTIONS

 

RESOLUTION R17-2006 “RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION & AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR”

 

Mr. Danbury made a motion to read by title only.  Mr. Vanover seconded.

 

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

 

Resolution R17-2006 passed with seven affirmative votes.

 

OLD BUSINESS

 

Mr. Vanover said the lighting on the insurance agency has been changed and the landscaping is in place.  It looks very attractive.

 

NEW BUSINESS

 

Mrs. McNear said I notice they are digging on SR 4 by I-275.

 

Mr. Osborn said it is being used as a staging area for the resurfacing of the westbound lanes.  ODOT is repaving the westbound lanes because they did not think the current surface would hold up for another two years.  They are also relocating utilities.

 

Mr. Knox reported that we will be having an ordinance at the next meeting on Greenview Acres.  The public hearing will be November 15.

 

Public Hearing

ORDINANCE NO. 70-2006 “ORDINANCE AUTHORIZING A MASTER EQUIPMENT LEASE-PURCHASE AND SUBLEASE-PURCHASE AGREEMENT (THE “AGREEMENT”) AMONG CHASE EQUIPMENT LEASING INC., THE CITY OF SPRINGDALE, OHIO, AND LIFESPHERE FOR THE FINANCING OF THE ACQUISITION AND INSTALLATION OF CERTAIN TECHNOLOGY AND TELEPHONE EQUIPMENT; AUTHORIZING ACQUISITION SCHEDULE 1 UNDER THE AGREEMENT FOR THE ACQUISITION OF CERTAIN EQUIPMENT; AUTHORIZING A PUBLIC HOSPITAL AGENCIES AGREEMENT AMONG THE CITY OF SPRINGDALE, OHIO, HAMILTON COUNTY, OHIO AND BUTLER COUNTY, OHIO; AUTHORIZING AN ESCROW AGREEMENT AMONG THE BANK OF NEW YORK TRUST COMPANY, N.A., THE CITY OF SPRINGDALE, OHIO, AND LIFESPHERE; AND AUTHORIZING OTHER DOCUMENTS IN CONNECTION WITH SUCH TRANSACTION AND DECLARING AN EMERGENCY”

 

Mr. Danbury made a motion to amend.  Mrs. Harlow seconded. 

 

Mr. Galster asked to have a recap of the changes.

 

Mr. Schneider said in the fifth Whereas, the substitution of the word Exhibit A has been changed.  In Section 1, we added the last sentence, “the terms of the agreement should not be more than 67 months at the execution of Schedule 1.”  Section 3 correction changed Clerk of Council to Clerk of Council/Finance Director.  Section 7, the fourth line down, acquisition schedule provides for a lease obligation.  In Section 10 we are adding parentheses which permits the acquisition of telephone equipment for LifeSphere because it constitutes a hospital facility.)

 

The motion passed with seven affirmative votes.

 

Mr. Danbury made a motion to read by title only.  Mr. Squires seconded.  The motion passed with seven affirmative votes.

 

Mr. Schneider introduced Emmett Thayer, Peck Shaffer Williams, our counsel on this. 

 

Mr. Thayer stated Ken Huff, vice-president and CFO of LifeSphere is here also.  This financing is to benefit LifeSphere with purchasing telephone equipment.  It is not the obligation of the City to fulfill the obligation of LifeSphere.  The ordinance states that.  This will help them finance with a lower interest rate.

 

Mr. Huff said this process is worth over $100,000 over five years.  Thank you for your cooperation.  The existing equipment is over fifteen years old.

 

Mayor Webster said I totally support this but would appreciate a heads up in the future.  We found out when we got a call from bond counsel or our law director that this was in the pipeline.  It would have been nice if someone from Maple Knoll had paid us a visit and asked us to support this.

 

Mr. Huff replied we will address this far better in the future.  We involved legal counsel to be more familiar with the process to make sure it didn’t create an obligation for the City.  It was probably ten days later that I contacted Mr. Osborn and explained the process.

 

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

 

Ordinance 70-2006 passed with seven affirmative votes.

 

            MEETINGS AND ANNOUNCEMENTS

 

            Halloween                                                                   -           October 31, 6-8 p.m.

           

COMMUNICATIONS FROM THE AUDIENCE            -           none

 

UPDATE ON LEGISLATION STILL IN DEVELOPMENT

 

RECAP OF LEGISLATIVE ITEMS REQUESTED

 

Ordinance to sell vehicles                                          -           November 1

Glenview Green rezoning (4 ordinances)                   -           November 1

 

Council adjourned at 7:55 p.m.

 

                                                                        Respectfully submitted,

 

 

 

 

                                                                        Edward  F. Knox

                                                                        Clerk of Council/Finance Director

 

Minutes Approved:

 

Kathy McNear, President of Council

 

 

 

__________________________, 2006