City Council Minutes - September 24, 2007

Monday, September 24, 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 & Pledge

Councilmember Steve Miller led in prayer followed by the Pledge of Allegiance. 

Request for Executive Session

Councilmember Judd, seconded by Councilmember Rhodus, moved for an executive session to discuss pending and imminent litigation.  A roll call vote was taken by the Clerk.  The executive session was approved by a 7-0 vote of Council.

Special Presentations and Citizen Comments

Mayor D’Epifanio presented a proclamation to Jim Bonaminio of Jungle Jim’s International Market in recognition of his store winning the national Best Restroom Contest.  Jungle Jim thanked Mayor and Council for the recognition.

Joint Public Hearing

Clerk Morsch called the roll of the Planning Commission.  Present members were Jerry Dailey, Jeff Holtegel, Scott Lepsky, Marty Judd, Don Hassler, and Deborah Rhees.  Councilmember Rhodus, seconded by Councilmember Judd, moved to excuse Dan Murray.  Motion Carried 7-0.

Tim Bachman, Development Services Director, explained the purpose of the hearing is to receive citizen input regarding various changes to Fairfield’s Code of Ordinances as it relates to water, sewer, and subdivision regulations.  He briefly discussed water main construction, license; bonding; sewer construction; minimum testing requirement; minimum specifications for sewer connection; definitions for planning and zoning; as-built drawings and minimum right-of-way.  Mr. Bachman ended the hearing by explaining the legislation process from this point forward—discussion by Planning Commission on September 26 at 6:00 p.m.; second reading by City Council on October 9 at 7:00 p.m.; and third reading and a vote by Council on October 22 at 7:00 p.m.

Council Reports

Councilmember Oler thanked everyone for keeping him in their thoughts and prayers and for the many cards he received as a result of his recent surgery.

Approval of Minutes

The minutes from the Regular Meeting of August 13, 2007; Regular Meeting of September 10, 2007; and Special Meeting of September 15, 2007 were approved as written.

OLD BUSINESS 

DEVELOPMENT SERVICES COMMITTEE

Construction Handbook:  Councilmember Judd presented the third reading of an ordinance to amend Section 1105.01(11) of Ordinance No. 166-84, the Codified Ordinances of Fairfield, Ohio to adopt certain revisions to the Design, Construction and Materials Specifications Handbook to reflect changes and current industry standards in construction techniques and specifications for materials used in construction of public improvements.  Councilmember Judd, seconded by Councilmember Miller, moved for adoption.  ORDINANCE NO. 120-07 ADOPTED 7-0.

Changes to Code of Ordinance relative to Water, Sewer, and Subdivision Regulations:  Ordinance deferred pending further review by Planning Commission.

PUBLIC WORKS COMMITTEE

Lunsford Estates Subdivision:  Councilmember Miller presented the third reading of an ordinance to authorize the release of the maintenance bond and accept the public improvements for Lunsford Estates Subdivision.  Councilmember Miller, seconded by Councilmember Abbott, moved for adoption.  ORDINANCE NO. 121-07 ADOPTED 7-0.

NEW BUSINESS

PARKS, RECREATION & ENVIRONMENT COMMITTEE 

Reading’s (3) by Title Only:  Councilmember Meyers, seconded by Councilmember Abbott, moved to read the following two ordinances by title only.  Motion Carried 7-0.

Community Forest Commission/Change of Name and Duties:  Background – City Manager Pizzano stated the Parks and Recreation Board have recommended that the duties of the Community Forest Commission be expanded to encompass an environmental resources stewardship component and rename the body the Environmental Resources and Community Forest Commission. He noted the ordinance to rename the commission and to expand its duties on the agenda for first reading this evening.  Legislative Action – Councilmember Meyers presented the first reading of an ordinance amending Section s 170.01 of Ordinance No. 166-84, the Codified Ordinances of Fairfield, Ohio, to change the City of Fairfield Community Forest Commission to the Environmental Resources and Community Forest Commission.  Councilmember Meyers stated for several years, Fairfield has been on the front line as an environmentally-friendly city. Over the past two years, Fairfield has save over $250,000 in energy consumption through conservation and methods of control around utilities and general services provided to the public.  He noted a majority of these projects were employee initiated. Councilmember Meyers stated about 10 years ago, the Community Forest Commission was initiated by the Council as a way of obtaining input on the planting of street trees and other activities and assisted the city in obtaining the Tree City USA designation. He stated this ordinance is not intended to create any new rules or regulations that supersede local, county, state or federal laws.  Councilmember Meyers stated over the past few years, City Council has seen record numbers of residents applying for various city board positions; noting that the education level and pure talent and interest in a variety of subjects and levels of expertise is outstanding.  He stated one particular area of interest is Parks and Recreation and the Forest Commission. Councilmember Meyers stated with this in mind, it makes for a natural progression that is subject of environmental conservation being included in the Forest Commission.  He stated the sole intent of this new legislation is the education and encouraging of the public of the importance of environmental stewardship and environmental resource conservation.  Councilmember Meyers stated it is proposed that two additional board positions be added to the existing Forest Commission and to rename the commission to better reflect its overall mission of environmental resource and community forest commission.  Ordinance approved for first reading only.

Mower for Parks Maintenance Division:  Background – City Manager Pizzano recommended the purchase of a Toro Groundmaster 4100-D Mower for use within the Parks Maintenance Division.  He noted this mower would replace a unit purchased in 1989. The cost of the new mower is $42,372.  Legislative Action – Councilmember Meyers presented the first reading of an ordinance to authorize the City Manager to enter into an agreement with Century Equipment, Inc. for the purchase of one (1) Toro Groundmaster 4100-D mower.  Councilmember Meyers, seconded by Councilmember Miller, moved for suspension of the rules requiring three readings of the ordinance.  Rules Suspended 7-0.  Councilmember Meyers, seconded by Councilmember Miller, moved for adoption. ORDINANCE NO. 122-07 ADOPTED 7-0.

PUBLIC WORKS COMMITTEE

Reading’s (3) by Title Only:  Councilmember Miller, seconded by Councilmember Meyers, moved to read the following three items by title only.  Motion Carried 7-0.

Storage Room Addition for Public Works Facility:  Background – City Manager Pizzano recommended a contract with H & H Structural Contracting, Inc. and an appropriation of $70,000 for the purpose of constructing storage room addition for the Public Works Facility.  He stated the storage room will be used to store maintenance and repair parts, bulk oils and lubricants, tires and portable shop equipment.  Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a contract with H & H Structural Contracting, Inc. for the construction of a storage room addition for the Public Works Facility and declaring an emergency.  Councilmember Miller, seconded by Councilmember Abbott, moved for suspension of the rules requiring three readings of the ordinance.  Rules Suspended 7-0. Councilmember Miller, seconded by Councilmember Meyers, moved for adoption.  ORDINANCE NO. 123-07 ADOPTED AS AN EMERGENCY 7-0.

Demolition Services for FEMA Grant; Background – City Manager Pizzano recommended a contract with Glenn J. Ruff, Inc. to perform demolition services associated with the FEMA grant buy-out program.  He explained that because demolition costs were included in the approved grant application, the City will be reimbursed for 75% of the estimated $61,563 cost.  Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Glenn J. Ruff, Inc. to perform the demolition services associated with the Federal Emergency Management Agency (FEMA) grant buy-out program.  Councilmember Miller, seconded by Councilmember Rhodus, moved for suspension of the rules requiring three readings of the ordinance.  Rules Suspended 7-0. Councilmember Miller, seconded by Councilmember Rhodus, moved for adoption.  ORDINANCE NO. 124-07 ADOPTED AS AN EMERGENCY 7-0.

Sidewalk and Apron Repairs:  Background – City Manager Pizzano stated it is necessary for Council to pass an ordinance to levy sidewalk assessments on the properties that benefited from sidewalk repairs for the year 2006.  He noted this is the first step in assessing the properties for the repairs.  In accordance with state law, city council must now pass an ordinance to levy assessments for all unpaid accounts.  If after 30 days accounts have not been paid, Council will authorize the issuance of assessment bonds and certify the debt service to the County Auditor for collection.  Legislative Action – Councilmember Miller presented the first reading of an ordinance levying special assessments for the repair of sidewalks (including aprons) in the City of Fairfield, Ohio and declaring an emergency.  Councilmember Miller, seconded by Councilmember Abbott, moved to suspend the rules requiring three readings of the ordinance.  Rules Suspended 7-0.  Councilmember Miller, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 125-07 ADOPTED AS AN EMERGENCY 7-0.

COMMUNITY & PUBLIC RELATIONS COMMITTEE 

Changes to Council’s Meeting Schedule;  Councilmember Oler, seconded by Councilmember Judd, moved to approve the following meeting schedule for November and December and to add a Special Meeting in January:  November 12 (6:00 p.m. Council/Manager Briefing and 7:00 p.m. Regular Meeting); November 19 (5:30 p.m. Council/Manager Briefing for 2008 budget review and 7:00 p.m. Regular Meeting); no meeting on November 26; December 3 (5:30 p.m. Council/Manager Briefing for 2008 budget review and 7:00 p.m. Regular Meeting); December 10 (5:30 p.m. Council/Manager Briefing for 2008 budget review and 7:00 p.m. Regular Meeting); no meetings on December 17, 24 or 31; Special Meeting on January 7 at 6:00 p.m. to adopt the 2008 Operating Budget.  Motion Carried 7-0.

FINANCE & BUDGET COMMITTEE

Reading’s (3) by Title Only:  Councilmember Abbott, seconded by Councilmember Meyers, moved to read the following three items by title only.  Motion Carried 7-0.

Amounts & Rates:  Background – City Manager Pizzano stated each year, Council must pass a resolution accepting the amounts and rates as determined by the Butler Commission.  He stated the resolution before Council is a conservative estimate of the amounts to be collected sine the total assessed valuation for the City is not available until later in the year.  Legislative Action – Councilmember Abbott presented the first reading of a Resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor.  Councilmember Abbott, seconded by Councilmember Miller, moved for suspension of the rules requiring three readings of the resolution.  Rules Suspended 7-0. Councilmember Abbott, seconded by Councilmember Miller, moved for adoption.  RESOLUTION NO. 18-07 ADOPTED 7-0.

2007 Budget Amendment (Contractual Item):  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$72,000 for a storage room for the Public Works Facility and $42,372 for a mower for the Parks Maintenance Division.  Councilmember Abbott, seconded by Councilmember Meyers, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0.  Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption.  ORDINANCE NO. 126-07 ADOPTED 7-0.

2007 Budget Amendment (Non-Contractual Items):  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$13,693 ODOT State Route 4 Streetscape Project; $12,206 furniture, fixtures and equipment for Golf Course Club House Project; $12,000 professional management services for Golf Course Club House Project; $10,500 irrigation system/Golf Course Club House Project; and $42,525 to reconcile accounts for Cincinnati Mills Tax Incentive Financing Agreement. Councilmember Abbott, seconded by Councilmember Oler, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0.  Councilmember Abbott, seconded by Councilmember Oler, moved for adoption.  ORDINANCE NO. 127-07 ADOPTED 7-0.

Meeting Notices

Tuesday, October 9:      Council-Manager Briefing (CANCELLED) Regular Meeting, 7 PM.

Monday, October 22     Council-Manager Briefing, 6 PM  Regular Meeting, 7 PM

Executive Session

Council recessed to executive session at 7:35 p.m. to discuss pending and imminent litigation.

Regular Meeting Reconvenes

The Regular Meeting reconvened at approximately 8:00 p.m. No announcements were made as a result of the executive session of Council.

Adjournment

The Regular Meeting adjourned at approximately 8:00 p.m.

ATTEST:

Dena Morsch, Clerk of Council
Ronald A. D’Epifanio, Mayor

Date Approved:  October 10, 2007

Last updated: 04/10/2008