City Council Minutes - August 13, 2007

Monday, August 13, 2007

Call to Order

Mayor Ronald A. D’Epifanio called the Regular Meeting of Fairfield City Council to order at 7:00 p.m. at the Fairfield Municipal Building, 5350 Pleasant Avenue.

Prayer and Pledge of Allegiance

Councilmember Tim Abbott led in prayer followed by the Pledge of Allegiance.

Roll Call

Clerk Morsch called the roll of Council. Present Councilmembers were Tim Abbott, Mitch Rhodus, Tim Meyers, Marty Judd, and Mike Oler. Councilmember Judd, seconded by Councilmember Snyder, moved to excused Councilmembers Mike Oler and Steve Miller. Motion Carried 5-0.

Executive Session Request

Councilmember Judd, seconded by Councilmember Abbott, moved for an executive session to discuss pending and imminent litigation and the employment of personnel. A roll call vote was taken by the Clerk. The executive session was approved by a 5-0 vote.

Special Presentations and Citizen Comments

Councilmember Tim Meyers presented a Mayoral Proclamation to Amy Erhardt and Brent Russell of Sojourner Recovery Services and Jeff Ashen and Greg Ossman of Mercy Hospital Fairfield for partnering with the City of Fairfield to promote performing arts in the community. The proclamation noted that The Sojourner Concert Series generated over $9,000 in profits directly benefiting Sojourner Recovery Services, Inc. and has been responsible for over 700 patrons visiting the Fairfield Community Arts Center.

Councilmember Tim Abbott presented a Mayoral Proclamation to Carol Mayhall, HR Manager declaring August 31, 2007 as “College Colors Day” to help promote higher education and the spirit of college tradition. On this day, residents are encouraged to wear the colors of their favorite college.

Dennis Stuckey, Acting City Manager, presented employee STAR awards to Lynda McGuire, Fairfield Building and Zoning Department, and Lucinda Lewellyn, Parks and Recreation Department, for their extraordinary efforts to promote the City of Fairfield.

Scott Stewart & Michael Statt, Stockton Road residents addressed Council about the problem of dust coming from the PCI Tank Cleaning business on Route 4. Tim Bachman, Development Services Director and Police Chief Mike Dickey were directed to investigate the complaints and report their findings back to Council.

Mayor/Council Reports

Mayor D’Epifanio read a letter from residents of Fairfield complimenting the Parks and Recreation Department’s summer camp program. He also thanked the organizers of the Employee/Volunteer Pool Party held on August 3, noting that attendance exceeded previous years.

Mayor D’Epifanio welcomed Ginger Shawver of the Chamber of Commerce to the meeting.

Approval of Minutes

The minutes from the Regular Meeting of July 9, 2007 were approved as written.

OLD BUSINESS

DEVELOPMENT SERVICES COMMITTEE

Design, Construction and Materials Specifications Handbook: Councilmember Judd deferred the second reading of this ordinance pending review by the Planning Commission.

NEW BUSINESS

PUBLIC WORKS COMMITTEE

Readings (4) by Title Only: Councilmember Judd, Vice Chairman, seconded by Councilmember Rhodus, moved to read the following four ordinances by title only. Motion Carried 5-0.

Lunsford Estates Subdivision: Background – Acting City Manager Dennis Stuckey stated public improvements for Lunsford Estates are ready to be accepted by the City. He stated the one year maintenance period has expired and the public improvements are in acceptable condition. The City will continue to hold bonds for the missing sidewalk and street tree installation. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the release of the maintenance bond and accept the public improvements for Lunsford Estates Subdivision. Ordinance approved for first reading only.

Tow-Behind Paver for Street Division: Background – Mr. Stuckey requested approval of a contract with Southeastern Equipment for the purchase of a Bomag tow-behind paver for use by the Street Division. He stated the cost of the paver is $39,821 and would give the City the capability of performing in-house utility repairs and on-going maintenance and prep work such as base failures for the overlay program. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Southeastern Equipment Company for the purchase of a Bomag 413 tow-behind paver for use by the Street Division and declaring an emergency. Councilmember Judd, seconded by Councilmember Abbott, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Judd, seconded by Councilmember Rhodus, moved for adoption. ORDINANCE NO. 99-07 ADOPTED AS AN EMERGENCY 5-0.

Contract with Rumpke: Background – Mr. Stuckey recommended approval of a five year contract with Rumpke of Ohio, Inc. with an option to renew an additional five (5) years for the Solid Waste Management Program. He noted the new contract reflects a 19.4% increase for curbside pickup during the first year for an approximate cost of $22,000 and a 4% increase the following years of the contract for an annual increase of approximately $5,500 based on the current number of units serviced per month. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to enter into a five (5) year contract with an option to renew an additional five (5) years with Rumpke of Ohio, Inc. for the Solid Waste Management Program and declaring an emergency. Councilmember Judd, seconded by Councilmember Rhodus, moved to suspend the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Judd, seconded by Councilmember Abbott, moved for adoption. ORDINANCE NO. 100-07 ADOPTED AS AN EMERGENCY 5-0.

Multidiscipline Engineering Services: Background – Mr. Stuckey recommended approval of a three-year contract with LBJ Inc. of Dayton, Ohio for multidiscipline general engineering services. He noted from time to time, the City has a need for multidiscipline engineering services as it relates to emergency, unexpected, and expedient requests for engineering needs on an as needed basis. Mr. Stuckey stated the current contract expires on September 25. Four requests for proposals were mailed out in June and three firms returned their proposals. Based on the submittals, the best qualified firm is LJB Inc of Dayton. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to enter into a three (3) year contract with LJB, Inc. for multidiscipline engineering services. Councilmember Judd, seconded by Councilmember Snyder, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Judd, seconded by Councilmember Snyder, moved for adoption. ORDINANCE NO. 101-07 ADOPTED AS AN EMERGENCY 5-0.

PUBLIC SAFETY COMMITTEE

Reading’s (3) by Title Only: Councilmember Snyder, seconded by Councilmember Rhodus, moved to read the following three ordinances by title only. Motion Carried 5-0.

Liquor Permit for Cardis Bar & Grill: Councilmember Snyder, seconded by Councilmember Judd, moved that no hearing be held on the liquor permit application in the name of Cardis Entertainment LLC, DBA Cardis Bar & Grill, 101 Bacher Square & Patio (Permit Class: D5 & D6). Motion Carried 5-0.

Medium-Duty Modular Ambulance: Background – Mr. Stuckey recommended approval of a contract with Horton Emergency Vehicles, Inc. for the purchase of a medium duty modular ambulance to replace an existing 1999 vehicle with 75,000 miles. He stated the cost of this vehicle is $197,175, noting the larger modular body would have a larger patient care area and would provide 7 to 8 years of first line service as opposed to the current models projected to need replace in just 4 years. Legislative Action – Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Horton Emergency Vehicles, Inc. for the purchase of a medium duty modular ambulance and declaring an emergency. Councilmember Snyder, seconded by Councilmember Abbott, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Snyder, seconded by Councilmember Rhodus, moved for adoption. ORDINANCE NO. 102-07 ADOPTED AS AN EMERGENCY 5-0.

Emergency Lighting & Related Police Equipment: Background – Mr. Stuckey recommended a contract with Camp Safety Equipment for the purchase of light bars, sirens consoles, security partitions and related equipment. He stated two bids were received with Camp Safety being the lowest bid. The cost of this equipment is $38,347. Legislative Action – Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Camp Safety Equipment for the purchase of patrol car emergency lighting and related safety equipment and declaring an emergency. Councilmember Snyder, seconded by Councilmember Rhodus, moved for suspension of the rules requiring three readings. Rules Suspended 5-0. Councilmember Snyder, seconded by Councilmember Abbott, moved for adoption. ORDINANCE NO. 103-07 ADOPTED AS AN EMERGENCY 5-0.

Video Cameras for Police Cruisers: Background – Mr. Stuckey recommended a contract be awarded to Camp Safety Equipment for the purchase of eight (8) video camera units for the eight vehicles purchased earlier in the year. The cost of this equipment is $34,854. Legislative Action - Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Camp Safety Equipment for the purchase of eight (8) video camera units for police vehicles and declaring an emergency. Councilmember Snyder, seconded by Councilmember Judd, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Snyder, seconded by Councilmember Judd, moved for adoption. ORDINANCE NO. 104-07 ADOPTED AS AN EMERGENCY 5-0.

PARKS, RECREATION & ENVIRONMENT COMMITTEE

Reading’s (2) by Title Only: Councilmember Meyers, seconded by Councilmember Abbott, moved to read the following two ordinances by title only. Motion Carried 5-0.

Architectural/Engineering Services: Background – Mr. Stuckey recommended an agreement with DHArchitects, Inc. for architectural/engineering services related to a proposed park expansion project at a cost of $16,000. It was noted that the City has worked with DHArchitects on past city projects and is confident in their abilities to perform these tasks. Legislative Action – Councilmember Meyers presented the first reading of an ordinance to authorize the City Manager to enter into an agreement with DHArchitects, Inc. for architectural/engineering services relating to a proposed park expansion project and declaring an emergency. Councilmember Meyers, seconded by Councilmember Rhodus, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Meyers, seconded by Councilmember Rhodus, moved for adoption. ORDINANCE NO. 105-07 ADOPTED AS AN EMERGENCY 5-0.

Bronze Sculpture Group: Background – Mr. Stuckey recommended an agreement with Norikazu Thomas Tsuchiya for the purchase of a bronze sculpture group for display in the City of Fairfield, Ohio and declaring an emergency. He stated the administrative staff has met with Mr. Tsuchiya whose clients include Xavier University, the Cincinnati Reds and the Cincinnati Zoo. The cost of this project is $95,000. Legislative Action – Councilmember Meyers presented the first reading of an ordinance to authorize the City Manager to enter into an agreement with Norikazu Thomas Tsuchiya for the purchase of a bronze sculpture group for display in the City of Fairfield, Ohio and declaring an emergency. Councilmember Meyers, seconded by Councilmember Abbott, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Meyers, seconded by Councilmember Abbott, moved for adoption. ORDINANCE NO. 106-07 ADOPTED AS AN EMERGENCY 5-0.

FINANCE & BUDGET COMMITTEE

Reading’s (5) by Title Only: Councilmember Abbott, seconded by Councilmember Meyers, moved to read the following five ordinances by title only. Motion Carried 5-0.

Fairfield Cafeteria Plan: Background – Mr. Stuckey stated Council action is requested to amend the Cafeteria Plan established in 1998 pursuant to IRS Code Section 125. The amendment will allow employees to fund individual Health Savings Accounts (HSA’s) and Dependent Care Accounts with pre-tax dollars from their income. Mr. Stuckey requested the revised plan be retroactive to an effective date of August 1, 2007 to coincide with the effective date of the High Deductible Health Plan option selected by many employees. Legislative Action – Councilmember Abbott presented the first reading of an ordinance approving and authorizing the City Manager and Finance Director to implement the City of Fairfield Cafeteria Plan for health and other benefits under Section 125 and other applicable sections of the Internal Revenue Code and declaring an emergency. Councilmember Abbott, seconded by Councilmember Meyers, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 107-07 ADOPTED S AN EMERGENCY 5-0.

Reduction of Special Assessments (Cincinnati Mills): Background – Mr. Stuckey stated it is necessary for City Council to pass an ordinance to reduce special assessments levied for the purpose of constructing improvements at the Cincinnati Mills Shopping Mall. He stated the cooperative agreement entered into by the City and the Port Authority of Greater Cincinnati in 2004 requires the assessments to be reduced by the amount of debt service payments in lieu of taxes and other funds made available during 2007 and 2008. Legislative Action – Councilmember Abbott presented the first reading of an ordinance reducing special assessments levied for the purpose of constructing certain improvements and declaring an emergency. Councilmember Abbott, seconded by Councilmember Meyers, moved for suspension of the rules requiring three readings of the ordinance. Rule Suspended 5-0. Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 108-07 ADOPTED AS AN EMERGENCY 5-0.

$2,500,000 Wastewater Improvement Notes: Background – Mr. Stuckey recommended Council authorize the issuance of $2,500,000 Wastewater Improvement Notes. Payment of $500,000 in principle and interest expense on the maturating issue is already budged in the 2007 annual operating budget with funds from the Sewer Revenue Fund. Legislative Action – Councilmember Abbott presented the first reading of an ordinance providing for the issuance of $2,500,000 of Wastewater System Improvement Bond Anticipation Notes, Series 2002, Fifth (2007) Renewal, by the City of Fairfield, Ohio, in anticipation of the issuance of bonds of the City, and declaring an emergency. Councilmember Abbott, seconded by Councilmember Meyers, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 109-07 ADOPTED AS AN EMERGENCY 5-0.

2007 Budget Amendment (Contractual Items): Legislative Action - Councilmember Abbott presented the first reading of an Ordinance to amend Ordinance No. 1-07 entitled “An ordinance to make estimated appropriations for the expenses and other expenditures of the City of Fairfield, Ohio, during a period beginning January 1, 2007, and ending December 31, 2007.” City Manager Pizzano stated this ordinance appropriates$43,803 for a tow-behind paver for use by the Street Division; $197,175 medium duty modular ambulance; $16,000 architectural/engineering services for park expansion project; $95,000 bronze sculpture group; $38,347 patrol car emergency lighting and related equipment; $34,854 police video cameras. Councilmember Abbott, seconded by Councilmember Meyers, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Abbott, seconded by Councilmember Meyers moved for adoption. ORDINANCE NO. 110-07 ADOPTED 5-0.

2007 Budget Amendment (Non-Contractual Items): Legislative Action - Councilmember Abbott presented the first reading of an Ordinance to amend Ordinance No. 1-07 entitled “An ordinance to make estimated appropriations for the expenses and other expenditures of the City of Fairfield, Ohio, during a period beginning January 1, 2007, and ending December 31, 2007.” City Manager Pizzano stated this ordinance appropriates$5,500 modification of the signal phasing and wiring of intersections having preemption devices; $33,944 extension of the John Gray and Winton/Mill intersection improvements (contract with W.G. Stang); $15,110 for the 2007 Raised Pavement Markers Program; $77,000 reconcile accounts/Recreation Activity Fund; $122,529 to reconcile accounts for the Tax Increment Equivalent Fund; $18,315 security system for the Fairfield Greens/South Trace Golf Course Clubhouse; $2,919 termite protection system for the Fairfield Greens/South Trace Golf Course Clubhouse; $15,451 for decommissioning old police vehicles and equipment installation and graphics for new police vehicles; $17,432 purchase of eight traffic radar units/Police Department; $22,825 security cameras for Village Green Park. Councilmember Abbott, seconded by Councilmember Snyder, moved for the suspension of rules requiring three readings of the ordinance. Rules Suspended 5-0. Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 111-07 ADOPTED 5-0.

Meeting Notices

Monday, September 10 Council-Manager Briefing, 6 PM; Regular Meeting, 7 PM

Monday, September 24 Council-Manager Briefing, 6 PM; Regular Meeting, 7 PM

Executive Session

Council recessed to executive session at 8:05 pm. to discuss pending and imminent litigation and the employment of personnel

Regular Meeting Reconvenes

The Regular Meeting reconvened at approximately 8:45 p.m. No announcements were made as a result of the executive session of Council.

Adjournment

The Regular Meeting of Council adjourned at 8:45 p.m.

ATTEST:

Ronald A. D’Epifanio, Mayor
Dena Morsch, Clerk of Council
Date Approved: September 24, 2007

Last updated: 03/25/2008