President of Council Kathy McNear called Council to order on May 16, 2001, 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, Pollitt, Squires, Vanover, Wilson and McNear.
The minutes of May 2, 2001 were approved with seven affirmative votes.
Mr. Osborn said I received a call a couple of weeks ago from Chief Laage indicating that Officer Livermore would be receiving some recognition from the DART program in which he has been participating the last couple of years. It made sense to tie that in with Police Memorial Week and as a result we have put it on your agenda with your permission. I would like to ask Chief Laage to come forward and introduce Commander McGrath from DART.
Chief Laage said, as you are aware, we became a member of DART in January 1999. Tom has been a long time DART officer. He just recently retired from the Blue Ash Department and just recently took over as the Commander Coordinator for DART. He was Jerrod’s supervisor during his two-year tenure.
Commander McGrath said in the twenty-eight years I have been in law enforcement I have had the opportunity to work with numerous police officers. One of the rare things we get to do, especially during the week that we pay homage to the fallen officers throughout the United States, is to recognize those officers who have shown an exemplary talent in what they do and their dedication to their duty and their dedication to the City. One of those officers is Jerrod Livermore, whom I had the privilege of having come under my command two years ago. Jerrod came in excited about going into narcotics investigation. Narcotics Investigation is a very specialized field of expertise. Jerrod took to it quite well. One of his concerns was how he would function as an undercover officer. This is one of those rare occasions that you no longer have that uniform, cruiser or cover of instantly grabbing a radio and calling for help. It’s one of those occasions where you are dealing with the criminal element face-to-face and hand-to-hand. It takes a special kind of person to do that. Jerrod was one of the lead undercovers in an ecstasy investigation that we undertook that resulted in a federal investigation and was adopted as an OCDETF case (Organized Crime Drug Enforcement Task Force), which is adopted as a federal investigation and funded for that investigation. Due to Jerrod and the rest of the agents involved in this investigation, we took it from a fifteen dosage unit seizure in an adjoining community to where we ultimately arrested an Israeli national in Miami, Florida when he delivered 10,000 dosage units of ecstasy. Another investigation involved a Title 3 wiretap, which meant we would be working 20 out of 24 hours, split ten-hour shifts for an extended period of time. That investigation was again a result of officers such as Jerrod Livermore, who again worked undercover and we were able to bring it to the federal authorities for adoption. The process is going to result in the indictment of approximately twelve target violators who were distributing 1-2 kilograms per day. It will impact numerous communities throughout the tri-state. Jerrod became an experienced narcotics investigator and I started to put more and more tasks on him which he undertook with no problem whatsoever. He ultimately was designated as the assistant field commander of the task force. I would like to present Agent Livermore with a plaque from the task force with the thanks of the Executive Director of the Task Force, Bruce Henry, who is the Deputy City Manager Safety Director, City of Blue Ash; my chief, Mike Allen; and the policy board chairman, Ken Hughes. It states: "We hereby express our sincere appreciation to Agent Jerrod Livermore, Springdale Police Department, in recognition of your dedication and commitment to combating illegal drug trafficking in the region through your investigative and supervisory skills, which you have demonstrated while assigned to the Drug Abuse Reduction Task Force, Narcotics Agent, January 20, 1999 to March 10, 2000; designated Assistant Field Commander, March 10, 2000 to March 29, 2001.
Officer Livermore said this is a surprise. I did not know anything about this. I thought I was coming up to assist with the Memorial Week activities. I have to thank everyone in the City. I have spoken with the Mayor, Mr. Osborn and Mr. Parham concerning our involvement in the task force and it was only made possible through the work of Commander McGrath, Chief Laage and all of you. I appreciate the opportunity and hope to continue in the investigative branch of the Springdale Police Department.
Mayor Webster read a proclamation proclaiming May 13-19, 2001 Police Week. Officers Michelle Witte and Dale Morris received the proclamation.
Chief Laage stated this weekend we have the tenth annual Police Expo with about twenty police departments at Tri-County Mall. This has grown every year and it’s a very positive event. We try to bring over a lot of the tools of the trade, fingerprinting equipment, laser, etc. We’ve had displays from County agencies and Municipal agencies. We’ll have the FATS machine set up in one of the stores. It’s a very positive encounter with the citizens. It’s an opportune time for a lot of communities, smaller communities that at times can’t reach the numbers, and this weekend we do reach the numbers. Sunday we have our 3.1-mile race. No one is too old to walk or run. It starts at 9 a.m. at the front entrance of Tri-County Mall. We have trophies and it’s a fun time. The Police Memorial Parade is downtown on Friday. I’d like to thank members of Council, the Mayor, and the City Administration for all their support, past and present. We do a good job here but there are reasons, the quality of people we have on the force and the support that we have from our leaders in the City and also the residents. We think we are doing a good job and we really appreciate the support.
Mr. Osborn said we all appreciate Chief Laage’s great recognition of our tremendous participation in what they have accomplished. In reality, they have done it all. I’d have to say I’ve been associated with this City for 28 years and at no time has the quality of the leadership or the competency of the department been any higher than it is right now. We have an excellent group of people. That is demonstrated in so many ways. Some are very significant to a lot of people. Some maybe only significant to the individual served. A good example occurred recently when I had a complaint called in to me. I passed that matter onto the Chief and the Chief decided to call the CAP officer and have the CAP officer approach the resident and try to resolve the situation. As the CAP officer was doing that, he mentioned to the Chief that he had had a call from a lady down the street on another incident a few months ago and he said he was going to stop in and see how things were going with her. That’s something that most people don’t associate with the police profession. It truly is a profession where people are dedicated to service, dedicated to the community and they truly have my respect and admiration. Chief, and other members of the department, I have the highest regard for you all and truly this City is a much better place because of what you do.
COMMITTEE AND OFFICIAL REPORTS
Civil Service Commission - no report
Rules and Laws - no report
Public Relations - no report
Public Health, Safety & Welfare - no report
Public Works – Mr. Wilson reported Adleta Construction Company has completed approximately 70% of the curb removal/replacement within the Heritage Hills subdivision. The pavement planning and resurfacing within the Heritage Hill subdivision, as well as the resurfacing of Chesterdale Road will start in mid June and should be completed by early July.
Public Utilities - no report
Capital Improvements – Mr. Danbury stated the SR 747 CSX grade separation ODOT schedule is as follows: right-of-way acquisition to be completed in July next year, bid in September 2002, award the project in December, construction phase from 2003 to 2004.
The Kemper Road curb installation and driveway work improvements at SR 747 should be completed by the end of this week. The work for both SR 747 and Tri-County Parkway is substantially completed. Final asphalt should take place in June and be completed by the middle of July.
We awarded the Walnut and Pear Street improvements contract to Trend Construction. We are looking to start the week of June 11. Right now we are working with Cinergy to relocate some utility poles. We should be completing it by early August.
We are looking at construction of the Springdale Streetscape project next year. We’re targeting a 50% complete set of Phase I should be submitted to the City by the end of this month. A complete set of plans should be submitted by September 2001 with planned construction in the spring 2002.
The design work of the proposed widening of Kemper Road Phase II from Old Commons Drive to Chesterdale is underway. They are looking to do a lot of things with walls. They’re trying to coordinate everything with the property owner. Detail plans should be completed by July 2001, right-of-way drawings complete by August, right-of-way negotiations completed by January 2002, construction spring of next year.
The survey work is completed for the Sharon Road bikeway project. We are in the process of approving the base sheets. Stage 1 will be approved in June, Stage 2 in July, Stage 3 in August and final tracings submitted in November. Then we are going to do that project in the summer of next year.
The survey work and geo-technical work for the replacement of the Ross Park bridge has been completed. We will be advertising the plans in July, awarding the contract in August. We will close off vehicular traffic and we are looking for a mid September completion date.
Preparation of the permanent storm water easement for the Glensprings culvert extension is underway and will be completed by the week of July 16. We will be applying for a permit from ODOT in mid December. We will advertise bids in January 2002 and start construction in April. We look for completion of the project in July 2002.
Finance Committee - no report
Planning Commission – Mr. Galster said they met May 8. Mr. Dave Okum was appointed to the Regional Planning Commission Board. Sam’s requested additional signage at their expanded facility to advertise tires. They agreed to put a temporary banner up for thirty days and then take it down as opposed to permanent signage.
Bing’s wanted to add a deck to the back of their establishment that came within a couple of feet of the Eades/Biddle property. The motion to deny passed 7-0.
Steak n Shake is proposing to rebuild their facility and that was approved 7-0. They will be replacing their pole sign with a monument sign.
Board of Zoning Appeals – Mr. Squires reported Greg Neville, who was on the previous agenda and wanted to move a garage from the Nazarene Church, was not in attendance and his request was removed from the agenda.
Ron and Shelly Darnell, 329 Cameron Road, requested a variance to allow the construction of a 10’ x 16’ shed on their property. They have a very large lot and the request was passed with seven affirmative votes.
Gregory Vonderhaar, 11979 Tavel Court requested a variance to allow 2 utility buildings to remain on his property. In finding out that Mr. Vonderhaar was going to sell that property and that one of the sheds was in disrepair and both sheds were out of variance, a motion was granted to allow him to keep the 7’ x 9’ shed but within one year he must remove the 7’ x 10’ shed. That passed with six affirmative votes.
Ralph Carter, 689 Cedarhill Drive requested a variance to allow a utility building in his side yard. Mr. Carter has a rather large, deep lot and rather large driveway so a side yard would be adaptable for that and it passed with seven affirmative votes.
Jeff Bryant, 297 Nelson Lane requested a variance to allow storage of his utility trailer in the rear yard along with a boat and trailer. His lot is a small, corner lot and there were neighbors in attendance who were in opposition to it. A motion to deny passed with seven affirmative votes.
Kerry Ford requested additional signage but they are also going to request additional things from Planning Commission. The board felt we wanted to see the entire package before we voted on anything and asked them to table the request. They complied with that.
A builder wanted to construct a 2,060 s.f. family residence 8 feet from the property line. There was considerable opposition from the community. A vote was made to deny that request and it passed 4-3.
Steak n Shake’s variances were minor and passed with seven affirmative votes.
Board of Health – Mayor Webster stated the City now has access to a system called SOPHIA. The public health people can go onto this on-line system and pull up a listing of all the social services that would be available and it is updated every night. That was our final meeting until September.
Mr. Danbury asked are we going to be trapping for coyotes again?
Mayor Webster replied no, we have not had overwhelming success with that program.
O-K-I - no report
Mayor’s Report – Mayor Webster said we are dedicating the Community Center Sunday at 2:00 p.m. We think the Roger Bacon band will be in attendance. We have not had any success in getting dignitaries so we are the dignitaries. I need you to come and help me out. The minister from the Pentecostal Church will give the invocation and the minister from the First Baptist Church of Springdale will give the benediction. We will also induct the first ten members in the Springdale Boosters Hall of Fame. There will be refreshments afterwards.
Mayor Webster read a proclamation declaring May 20-May 26, 2001 as National Public Works Week.
Mayor Webster said I’m sure there’s not one of us sitting up here who has not gotten a compliment from a neighbor or friend or someone they work with about our snow removal. The men do a marvelous job and we are pushing them to another level trying to implement our leaf removal program.
Mayor Webster read a proclamation declaring May 20-May 26, 2001 as Emergency Medical Services Week.
Mayor Webster said I would like to add my congratulations to a job well done by our emergency medical personnel and our fire personnel. I think we all take a great deal of pride in their accomplishments.
Clerk of Council/Finance Director – Mr. Knox said I would like to thank Mr. Vanover for the excellent work he did in preparing for this Council meeting.
Administrator’s Report – Mr. Osborn said the bike safety program was held at the Community Center last weekend. We had a tremendous turnout. Over 400 people participated in the event. It was originally scheduled to run 2-5 p.m. People were lined up at 1:00 and we started at 1:30 p.m. and it ran until 7:00 p.m. During that time personnel from the Fire Department conducted bike safety inspections, performed minor repairs on bicycles; members of the Police Department including Elliot Cumbow, Greg French, Jeff Witte did the registrations of the bikes and Al Maupin and Greg Karle were instrumental in organizing the event. There will be other events throughout the summer and we will continue to pass out free bicycle helmets and locks to everyone who has their bicycle registered. This is another demonstration as to how our public safety departments function but also how they can work with other departments such as Recreation to put together a very successful program. If anyone missed this event please call the Municipal Building or Police Department for a schedule of upcoming bicycle safety inspections.
Mr. Osborn continued I want to follow up on the SOPHIA program that the Mayor mentioned earlier. We are also buying licenses for that software for the Police and Fire Departments because it is a truly powerful resource. Unfortunately, the Health Department is only open forty hours a week but the Police and Fire Departments are here all the time. This will serve as a good opportunity for the two safety departments to help connect people with services that they need in a timely way.
Finally, another comment to the proclamation regarding Emergency Services Week. The City of Springdale runs two paramedic units. We try to keep three on the road but we shoot for two as our level of service. I think the proclamation understates the rigorous training that individuals have to go through to become paramedics. The training itself takes over a year and the test is very rigorous. The failure rate is commonly over 50%. If they don’t make it they go back and try again. We have been fortunate that the people we have been sending to school have been successful and they are to be commended for their dedication just to become paramedics. Once they get out in the field that investment pays off for us.
Law Director’s Report - no report
Engineer’s Report - no report
COMMUNICATIONS - none
COMMUNICATIONS FROM THE AUDIENCE - none
ORDINANCE NO. 18-2001 "AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH THE STATE OF OHIO AND CSX TRANSPORTATION, INC. REGARDING CONSTRUCTION OF THE GRADE SEPARATION STRUCTURE CARRYING THE CSX RAILROAD OVER STATE ROUTE 747 IN THE CITY OF SPRINGDALE"
Mr. Vanover made a motion to adopt and Ms. Pollitt seconded.
Ordinance 8-2001 passed with seven affirmative votes.
ORDINANCE NO. 34-200 "ACCEPTING A PROPOSAL UNDER THE STATE ADMINISTRATIVE PURCHASING PROGRAM AND AUTHORIZING THE MAYOR AND CLERK OF COUNCIL/FINANCE DIRECTOR TO ENTER INTO A CONTRACT WITH INTERSTATE FORD, INC., MIAMISBURG, OHIO, FOR THE PURCHASE OF A 2001 FORD TAURUS AND DECLARING AN EMERGENCY"
Mr. Squires made a motion to adopt and Mr. Vanover seconded.
Ordinance 34-2001 passed with seven affirmative votes.
Mayor Webster said Mr. Danbury asked me at the last meeting about the status of the situation with the daycare center and the residents on Naylor Court. I see several of the residents here so I think it’s only fair that we give them an update on what happened. I received a call from a resident on Naylor Court on Sunday two weeks ago. I took the complaint and said I would look into it the next morning. It has been a long-standing, recurring problem. The people occupy the premises with a conditional use permit. Part of that permit restricts the hours of usage. There is no outdoor usage permitted on weekends. They are allowed to use the building on Saturday and Sunday but it has to be for inside activities only. I thought about and I went down to Naylor Court. Five residents were gathered there in one driveway. When I arrived there was no noise. A police officer had also responded. After the officer went over to share with the people running the daycare center the restricted usage, no one answered the door so he came back. About that time another group of children were allowed out into the playground. The noise was pretty loud. The officer and I were at the curb with his cruiser motor running and we could hear the noise coming from behind the residences. The officer and I went over to the center, asked the operators if they knew of the restriction and the lady indicated she did not. I identified myself as the Mayor and gave her a copy of it. I asked her to please remove the children from the lot, which she very reluctantly did. As a result, the operator was cited to Mayor’s Court, got a continuance until today. In the meantime she came in and paid out the citation. The owner of the facility who was granted the conditional use permit so he could rent it to the daycare center also was cited. He paid that out and in addition to that he does have a date with Planning Commission on June 12 to show reason why the Conditional Use Permit should not be revoked. To my knowledge, nothing has been done up to this point. They were at Planning Commission in December and there was some nebulous wording in the granting of the Conditional Use Permit initially, but there was nothing nebulous about the mandate that Planning Commission gave the owner/operator and the owner of the building at the December 12 Planning Commission meeting. They didn’t comply with that so Mr. McErlane gave them a letter of citation and thirty days to make corrections. That was issued March 30. On April 30, two days after this episode their citation was issued May 1.
Mayor Webster continued that I received a letter today addressed to the Mayor and City Council: "Dear Ladies and Gentlemen: Thank you very much for your kind invitation to attend the official dedication ceremony of the expanded Springdale Community Center. Unfortunately my wife and I will be unable to attend. It is good to know that the work that my colleagues and I began so many years ago is being continued with the expansion of this center. The people of Springdale deserve the best in the way of community development that can be achieved. My congratulations to all of you. Sincerely, Harold N. Carl". Mr. Carl served on Council in the early 70s and was one of the Council members seated during the dedication of the original center which was 29 years ago.
Mr. Parham said every year I come to you with a request for legislation authorizing the City to participate in the Miami Valley Risk Management Association Group Rating Program for Workers’ Compensation. We would like to have legislation at the next Council meeting with an emergency clause to participate in their 2002 program.
Mr. Danbury said I received some correspondence from CDS outlining services that they would render for the Glensprings Drive culvert extension. They anticipate a time and expense basis not to exceed $42,000. That does not include any right-of-way negotiations. There may be concerns with ODOT to do some grading. At this point they are in negotiation. I would like to request an ordinance be brought in at the next meeting to award that contract to CDS.
Ms. Pollitt said this evening we were given some papers from the Ohio Division of Liquor Control for Commonwealth Hotel on Tri-County Parkway. I would like to request that we hold this until the next Council meeting to give Mr. Knox an opportunity to see what type of liquor license they currently hold. They are requesting an upgrade to a D-5A.
MEETINGS AND ANNOUNCEMENTS - none
COMMUNICATIONS FROM THE AUDIENCE - none
UPDATE ON LEGISLATION STILL IN DEVELOPMENT
Glensprings culvert extension - June 6
RECAP OF LEGISLATIVE ITEMS REQUESTED
Participation in MVRMA 2002 program - June 6
Council adjourned at 7:50 p.m.
Edward F. Knox
Clerk of Council/Finance Director
Kathy McNear, President of Council