President of Council Kathy McNear called Council to order on March 20, 2002 at 7:05 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, Squires, Vanover, Wilson and McNear. Ms. Pollitt arrived at 7:25 p.m.
The minutes of March 6, 2002 were approved with six affirmative votes.
Presentation Ė Citizen Recognition - Chief Mike Laage
Mayor Webster said this is one of the evenings where we can be very proud of our police department. As the evening unfolds you will be more proud of your police department than you already are.
Chief Mike Laage said this is a nice opportunity for us and I appreciate it on behalf of the fine men and women of the Police Department to honor four of our citizens and three of our officers involving three separate incidents that occurred during the year 2001. I would like to introduce three special guests; Retired Cincinnati Police Chief, Mike Snowden, who is chairman of the board of Crime Stoppers; Special Agent in Charge of the Cincinnati FBI office, Robert Burnham; and Supervisory Special Agent of the Cincinnati office, Dave Woelker.
Chief Laage explained the three incidents. The first incident was at Finer Diamonds. Ms. Michelle Mincey was on the phone with Mrs. Finer when she heard commotion in the store. She hung up and called 911. Officer Gary Huddleston went to the scene. He maintained his position outside the store. The fleeing suspects took Mr. Finer hostage and threatened Officer Huddleston. Sergeant Ture was responding to the scene in an emergency mode. The fleeing suspects rammed Sergeant Tureís car and made a threatening gesture at him also. Sergeant Ture was injured slightly. As the suspects began to flee, Sergeant Ture started pursuit as did Officer Huddleston. The suspect vehicle went east on Kemper, then south on Chester, attempted to turn left onto Sharon going at a high rate of speed. They hit the pole on the southeast corner of the intersection. The suspects were arrested by the Sharonville Police Department. Officers Ture, Huddleston and Buschmann, (who was working that day also,) all have received a letter of commendation in regards to their excellent restraint in the use of force and excellent police tactics. Both suspects received approximately 40 years in jail. Stephanie Price was at the intersection at Service Merchandise. She stayed around and gave an excellent description. Off-duty Hamilton County Deputy Kenneth Pendleton was at Party City with his family. He saw what was going on. When all the officers left the area Ken responded to Finer Diamonds, called Hamilton County Communications Center, advised them who he was and that he was at the scene and everything was secured. He maintained his presence until we returned to the area. Stephanie Price and Ken Pendleton were presented with an award. Ms. Mincey was not present.
The second incident was the Bank One robbery on November 20, 2001. When Frank Mefford arrived at work at Comp USA he saw a suspicious vehicle parked in the parking lot with three occupants. Frank thought they looked out of place and copied down the license number. At 9:25 a.m. two male suspects entered Bank One on Princeton Pike. After the robbery Springdale officers and FBI officers were on the scene. Mr. Mefford saw the investigators and felt there may have been a connection between the robbery and the car he had seen. With the assistance of video Mr. Mefford was able to positively identify the suspect vehicle. The officers were able to trace the vehicle to Kentucky. Bill Fields and Jim Grindle worked all day tracking this vehicle. With the assistance from several departments in Northern Kentucky they were able to locate one of the suspects. One suspect has been charged and officers are still trying to identify two other suspects. Mr. Mefford was a very aware citizen to take down that license number. Mr. Mefford was presented a plaque.
Retired Chief Mike Snowden said this is not a Crime Stoppers issue in the sense that Crime Stoppers gives cash for clues and the people remain anonymous. We have just completed twenty years here and have probably the best Crime Stopper program in the country. Weíre here to thank this young man for getting involved and to encourage other citizens to get involved with helping us solve crimes.
Chief Laage had FBI agents Robert Burnham and David Woelker, Kinkoís employee Diana Bolser, and Officers Buschmann and Norris, and Captain Bill Hafer come forward.
Diana Bolser recognized Clayton Lee Waagner in the Kinkoís store and called the police. Mr. Waagner was on the FBIís Ten Most Wanted List. Officer Buschman responded to the call and entered the store. Officer Norris was arriving at this time. Captain Hafer heard the situation and responded. As the suspect was leaving the store he was stopped by Officers Buschmann and Norris and Captain Hafer. He admitted who he was and admitted he had a fully loaded concealed weapon. He was taken into custody. I think our numbers provided a presence that he didnít think he could fight. I would also like to recognize the fine work of Lt. Investigator Bill Fields. He was on the street when this occurred and when he heard the name he immediately came to the office. He was the officer in charge at the scene. The major part of the success of the outcome of this investigation belong to the FBI and the U. S. Marshall Service.
FBI Agent Burnham gave details on why Clayton Lee Waagner was put on the Top Ten Most Wanted List. Based on the actions of private citizen Diana Bolser and Officers Buschmann, Norris and Captain Hafer I would like to make some presentations. He presented a check for $5,000 to Diana Bolser. He also presented her with a letter from him thanking her for her efforts. Mr. Burnham also presented a letter and plaque to the officers.
Chief Laage said I received a call from the director of the FBI also. The officers also received a plaque from the department and he presented a plaque to Diana Bolser. We also have a plaque for Kinkoís. They were very supportive of all the law enforcement agencies.
Mr. Danbury said itís refreshing to hear some positive press. I think we have been very blessed with a good police force and itís wonderful to hear about the citizens getting involved. I want to thank everyone for their dedication.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission Ė Mr. Coleman reported that they met March 8. They recognized Maple Knoll for providing such an excellent testing facility for the patrol officer and firefighter tests. We want to recognize the efforts that the advertising has done in attracting qualified candidates for the testing.
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works Ė Mr. Wilson said the bid opening was held Monday for the 2002 street program. The low bidder was Adleta Construction. We have legislation before us tonight to award the project. Construction will start mid April and be completed by late August. The Butler County Engineerís Office had agreed to participate in repairing and resurfacing Crescentville Road east of SR 747. However, Cinergy has stated that they plan to construct a new gas main in the Crescentville area from Tivoli to Chesterdale. It was decided not to resurface Crescentville Road this year.
Public Utilities - no report
Capital Improvements Ė Mr. Danbury said there is no change in the CSX grade separation project. ODOT has said they expect the approval for the environmental document by the end of this month for the Springfield Pike Streetscape Program. The shop drawings for the signal and street light poles have been received from the manufacturer and will be reviewed. Construction will be in the summertime with completion in the fall of 2002. There is no change to the Kemper Road Phase II Old Commons Drive Project. There is no change to the Sharonville Road bike path. There is a summer construction period for this project. The Heritage Drive signal construction is underway. The work should be concluded by the end of next month.
Finance Committee - no report
Planning Commission Ė Mr. Galster stated the first item was building elevation changes for Globe Furniture, 11745 Commons Drive. That was tabled 6-0. We are working on a way to break up that massive building. We had a dedication plat for the right-of-way for the southeast corner of West Kemper Road and Springfield Pike. That was approved 6-0. There was additional discussion on the Springdale Zoning Code that allows no more than two dogs, two cats, or a dog and a cat in a single family residence. It looks like it may be redefined so that residents can have up to three pets.
Board of Zoning Appeals Ė Mr. Squires reported that Dan Comer requested a pole sign that would be 63 square feet in area. After considerable discussion the board felt it would like to see something else. A motion was made to deny that it passed with a 5-2 margin. Maple Knoll Village requested a monument sign to identify the corporate headquarters of Life Sphere. That was passed 6-1.
Board of Health Ė Mayor Webster said they considered the repeal and adoption of a new ordinance concerning the ability of the Health Commissioner or Board of Health to close a swimming pool that is deemed to be a public health or safety threat to the City.
OKI Ė Mr. Knox stated that OKI provided us with two CDs. One gives us the OKI Regional Transportation Plan and one that is TARPS (Tri-State Area Regional Planning Supersite). You can look at all the meetings that OKI knows of in the entire area of Ohio, Kentucky and Indiana. Copies of the CDs are at the Community Center available to the public.
Mayorís Report Ė Mayor Webster said every year I get a request from the Life Center folks asking me to issue a proclamation asking people to donate their organs. In the past I had not taken any action on that. This past January my wife lost her 81 year old mother and one of her last requests was that her body be used for organ donation. When I got the request this year I thought if an 81 year old woman could donate her organs, the least I could do is issue a proclamation. Mayor Webster read the proclamation.
Clerk of Council/Finance Director Ė Mr. Knox said he represented the City of Springdale and proceeded to Columbus with Commissioner Dowlin, Mayor Lovitt, the former mayor of Blue Ash, Economic Director of Forest Park and sixteen hotel owners to a hearing with the Ohio House of Representatives concerning the lodging tax that is attempted to be instituted upon us. If we believe what the Cincinnati Enquirer says we were successful. The people in Columbus recognize the fact that we have not been consulted in the past, that we should be consulted, and therefore, they are putting this off until we can get together with the people in downtown Cincinnati and come up with an equitable solution. Even though the hotel people are going to gain nothing out of this they have volunteered to impose a 2.5% tax on themselves to support this convention center. I think thatís more than equitable.
Administratorís Report Ė Mr. Osborn said Iíd like to talk about a program that may be in jeopardy, the ACCESS program operated by Metro Bus Service. The service goes door to door for disabled persons and takes them to their destinations on an on-call basis. The program is funded through the Hamilton County General Fund, Hamilton County MRDD and the Council on Aging. Unfortunately, there has been a cut back in the funding for this program. Under the law Metro is obligated to provide this service for persons living within three-quarters of a mile of an existing bus route. However, itís been Metroís practice to extend that service to non-ADA areas. If they are not able to raise the necessary funding they are concerned that they will have to reduce their coverage back to the ADA requirement. Solicitation has been made to all the jurisdictions in Hamilton County based on ridership from a sampling that was taken in June of 2001. During a two-week period there were 28 non-ADA trips made from Springdale. This projects out to 730 a year. Based on the $64,127 they are trying to raise from all jurisdictions our share would be $2,592 to help support this program. We donít need any legislation from you but we felt it was appropriate to make sure you are in agreement before we indicate that we are willing to participate.
Mayor Webster said a question crossed my mind as you were reading that report. Where has the funding been reduced? Was that the County? Mr. Osborn replied yes. Mayor Webster said I still support it but itís very disturbing to see the County continue to cut programs such as this and then pass legislation that says if the convention center financing plans and schemes comes up short, then the City and the County will split the difference. So they have money to back a program that is sure to fail, but they donít have money to support bus transportation for the disabled. I find that quite disturbing.
Mr. Knox stated the convention center vote was 2-1. Mr. Dowlin did not vote for it. Also Representative Wayne Coates offered to testify on our behalf and I thank him for his work.
Council approved the request.
Mr. Osborn said we have been holding off on finalizing the last change order for the Walnut/Pear Street improvements because of some disagreements we had with the contractor over redoing some work. Thatís finally been accomplished and the final change order will add $23,965.73 to the cost of the project. We ran into two situations when we did this last year, additional Water Works costs and some sub-base material that was too soft to support the street. We had to remove that material and replace it with appropriate backfill. We would like to have an ordinance at the next Council meeting. The 2001 street repair program has been finalized and again we have an overage of $18,02.32. We will need an ordinance to execute that change order also at the next meeting.
Mr. Osborn continued the Springdale Chamber of Commerce annual dinner will be coming up Tuesday, April 16, 4 p.m. to 8 p.m. at the Manor House.
Mr. Osborn stated I added an ordinance at the last minute that allows us to renew a contract before the expiration of our current agreement. We have been using Net Set Go for a number of years to maintain our local area network and computer equipment. They have been extremely satisfactory. Their current contract is expiring this month. They have renamed their company Next Step Networking and we would like to renew the contract tonight. The relative cost is going up very little because of the equipment we have added. Our cost is going up 13% but weíve added 8 more work stations and another server. The hourly rate is the same as last year.
Mr. Osborn said Maple Knoll Village will be celebrating its twenty-fifth anniversary in the City next month. I have already made contact with their marketing folks in anticipation that Council would like to adopt a resolution honoring Maple Knoll for its involvement in the community and for the great facility they have developed.
Law Directorís Report - no report
Engineerís Report Ė Mr. Shuler said I would like to reinforce Mr. Wilsonís recommendations on the street program. We received four good bids on this street project. The low bidder is below our estimate of the work and below the budget amount for this work. We have worked with this contractor before and would recommend that we proceed with the ordinance this evening.
Mayor Webster said I wanted to address a comment the Chairman of our Civil Service Commission made in his report about the quality of the officers that we get out of this process because of the numbers that go in at the beginning. I think what we witnessed this evening is a witness to that process. The young lady is a recent hire and certainly a result of getting the attention of 400-600 applicants. Iím sure thatís going to happen this time too with the fire and police recruits.
Mr. Knox said we have one communications. All of our liquor licenses will expire on June 1, 2002 and if we have any objections we must bring them forth to the Department of Commerce. I have contacted Chief Laage and he says the Police say there are no objectionable licenses in the City and with Councilís approval I will make a negative response to this.
COMMUNICATIONS FROM THE AUDIENCE
Bob Coleman said thank you, Mayor Webster, for those words of support for the Civil Service Commission. However, I come here today to address Mr. Shuler. It appears that we are experiencing backups for the traffic coming off of Glensprings at Springfield Pike. Traffic in the morning between 7 and 9 a.m. appears to be backing up to the extent that when the light is ready to turn, drivers are anxious to make it through the light and their speeds are increasing to get through the light. I would just ask if there is any way to increase the green light time ten to fifteen seconds it might ease that tendency of the drivers to try to speed through the light.
Mr. Shuler replied we certainly can check our traffic counts to make sure that the timing we have there is most efficient for the traffic at that period. We know over time that traffic patterns do change and sometimes we end up with a situation where we need to make adjustments. I canít promise anything but we can certainly look into it.
ORDINANCE NO. 15-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH SCHAEFER & BUSBY, INC. TO PROVIDE MORTUARY AND FUNERAL SERVICES TO INDIGENT PERSONS, WHO PASS AWAY IN THE CITY OF SPRINGDALE"
Mr. Wilson asked are the indigent people cremated or put in a casket?
Mr. Osborn replied I would have to defer to the Health Commissioner on that. Apparently late last year there was a change in the state law that took this obligation away from the County and gave it to the local jurisdiction. If a person dies in a hospital in Cincinnati and Cincinnati can identify them as having a residence in Springdale, then they become Springdaleís responsibility. The City of Cincinnati will take care of the burial but they will charge us. If we have a death in Springdale and we canít prove residency any place else, that again would fall to the City of Springdale. This is new to us so we canít really measure the consequences to the budget but I have to think it is very small. The documentation that was provided from the County indicates that in the year 2000 there were only two persons in Springdale cared for under this program. Cincinnati only had twenty. Itís something we can manage but as the Mayor was commenting, ironically itís another case where the County is shedding costs and weíre obliged to pick it up.
ORDINANCE NO. 16-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO SETTLE A CLAIM RPC MECHANICAL, INC., HAS AGAINST THE CITY OF SPRINGDALE INVOLVING THE COMMUNITY CENTER EXPANSION PROJECT AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Mayor Webster said I would question the language in the second Whereas that says they made a claim for $117 and Ö the city has negotiated resolution in the additional amount of $31,000. I think you could read that that we are authorizing Mr. Knox to pay $148,000.
Mr. Vanover made a motion to make the correction. Mr. Wilson seconded. The motion passed with seven affirmative votes.
Mr. Vanover said I would like to thank Mr. Parham for his diligence on this. Thanks for everything.
Mayor Webster said, Derrick, you did a great job on this. Iíve always said there is one person in this world you donít want to be indebted to and thatís Derrick Parham.
Ordinance 16-2002 passed with seven affirmative votes.
ORDINANCE NO. 17-2002 "ACCEPTING A BID AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH ADLETA INC. FOR THE 2002 STREET IMPROVEMENT PROGRAM AND DECLARING AN EMERGENCY"
Mr. Vanover made a motion to adopt and Mr. Wilson seconded.
Ordinance 17-2002 passed with seven affirmative votes.
ORDINANCE NO. 18-2002 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO RENEW THE CONTRACT WITH NEXT STEP NETWORKING TO PROVIDE NETWORK AND LAN ADMINISTRATIVE SERVICES FOR THE CITY OF SPRINGDALE LOCAL AREA NETWORK AND DECLARING AN EMERGENCY"
Ms. Pollitt made a motion to adopt and Mr. Vanover seconded.
Ordinance 18-2002 passed with seven affirmative votes.
RESOLUTION R10-2002 "COMMENDING RANDY HORMANN FOR HIS DEDICATION AND SERVICE TO THE CITY OF SPRINGDALE"
Mr. Galster made a motion to table until the next meeting and Mr. Vanover seconded. The motion passed with seven affirmative votes.
OLD BUSINESS - none
Mr. Vanover said I was in earlier to pick up some stuff and ran into Mr. Winfough. He was on his way out to talk to someone with a report of a vicious dog for the third time. We got into the discussion of why this was the third time and evidently our vicious dog ordinance needs some teeth. I guess the Police Chief is having a hard time citing because we donít have the mechanism there. I donít know whether we send this to Mr. Schneider or kick it back to Rules and Laws. I think we need to get that corrected.
Mayor Webster said this is news to us. Mr. Winfough hasnít said anything to us. I know there is a situation of two dog bites with the same individual but there are extenuating circumstances.
MEETINGS AND ANNOUNCEMENTS
Mr. Squires said the Springdale Youth Boosters met and opening day festivities will be April 20. Unless I hear from you to the contrary I am going to assume that you will participate. I want to take this opportunity to thank Lavonne Webster. She attended that meeting and gave them some very striking guidance. It was her suggestion that we have two grand marshals, Chief of Police Mike Laage and Acting Fire Chief Dan Shroyer.
Mayorís Night In - March 27
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Resolution for Randy Hormann - April 3
TIF for Phase II Pictoria Island - open
RECAP OF LEGISLATIVE ITEMS REQUESTED
Change order for Walnut Street contract - April 3
2001 Street repair - April 3
Resolution honoring Maple Knoll - April 3
Council adjourned at 8:35 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council