City Council Minutes

Monday, March 26, 2007

Call to Order

Vice Mayor Martin H. Judd 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

Vice Mayor Judd led in prayer followed by the Pledge of Allegiance.

Executive Session Request

Vice Mayor Judd, seconded by Councilmember Snyder, 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 7-0.

Public Hearing

Clerk Morsch read the public hearing notice which appeared in the March 16, 2007 edition of the Journal News. As stated in the notice, the purpose of the hearing is to solicit citizen input regarding the adoption of a new Section 187 entitled “Transient Lodging Tax” of the Codified Ordinances of Fairfield, Ohio. The proposed ordinance would levy a three percent (3%) lodging tax within the City of Fairfield payable by guests occupying a room for sleeping accommodations for less than thirty consecutive days.

Tim Bachman, Development Services Director, explained the transient lodging tax and the steps taken to inform local hotels and motels about the proposal. He stated in the ordinance, motel and transient accommodation refer to any establishment used as a place where sleeping accommodations are offered to guests, but differ in that a motel is an establishment that has 5 or more guest rooms and transient accommodation is an establishment that has 4 or fewer guest rooms. Transient guests is a person or persons occupying a room or rooms for sleeping accommodations for less than 30 consecutive days. Mr. Bachman stated exceptions to the lodging tax are: lodging furnished to the State or any of its political subdivisions; any charitable organization for the lodging of transient indigent individuals; lodging of company employees who rent for 30 or more consecutive days as stated by an opinion from the State Attorney General’s office.

Tim Bachman explained that according to the Ohio Revised Code, a county may levy an excise (lodging) tax not to exceed 3% on motel stays for transient guests. The tax collected must go toward a convention and visitors bureau (CVB) with the exception that if a municipality does not collect a lodging tax separately, a percentage of the funds collected go to that municipality. He stated Butler County enacted a 3% lodging tax in 2003 and that all municipalities in Butler County, with the exception of Fairfield, were collecting a lodging tax. Mr. Bachman reviewed a series of slides to show what other municipalities have done regarding a lodging tax. In terms of collection, he stated the way the ordinance is currently written, the excise tax would be collected monthly. Mr. Bachman recommended the ordinance be amended to quarterly collections starting on July 1, 2007.

Mr. Bachman reviewed the next steps which would be second reading of the ordinance during this meeting and a third reading and vote on Monday, April 9 at 7:00 p.m.

Ray McDaniel, 249 Palm Springs Drive voiced his support for the lodging tax.

Eric Cassmeyer, 496 Walter Avenue, asked if the abatement on the tax starts at day 31 or from day 1 going forward.

Law Director Clemmons stated if the business is paying in blocks of 30 days, then the abatement would start at the beginning. If the business is paying in less than 30 days blocks, it would start to be exempt after the 30 days. How a business pays will determine the exemption.

Will McIlwain, Fairfield Youth Commission, asked for clarification regarding the amount of money to be collected from the lodging tax, the use of the money and how the use was determined by Council and staff.

Mr. Bachman stated he anticipates Fairfield collecting $100,000 of general revenue which is proposed to be used to fund various aspects of the Community Arts Center such as off-setting current operating differences between revenues and expenditures, program enhancements or marketing.

Eric Cassmeyer asked if the exception would apply to only companies based in Fairfield or would it apply to all companies doing business out of those locations?

Mr. Bachman stated all companies. If you are a company that has your corporate location in Blue Ash and you want to put people up in Fairfield, you would also receive the exception.

Special Presentations and Citizen Comments

Fire Chief Don Bennett, along with Vice Mayor Judd and Councilmember Snyder, presented Fairfield’s newest Fire Lieutenants, Randy McCreadie and Chad Cooper with their lieutenant badges.

Ray McDaniel addressed thanked Mr. Bock for installing sidewalks and a walk light at South Gilmore/Mack Roads.

Brian Bruggeman of Brandstetter Carroll Engineers stated his company has enjoyed working with city staff and hopes to do so again in the future.

Mayor/Council Reports

Vice Mayor Judd welcomed Ginger Shawver of the Chamber of Commerce and Will McIlwain of the Fairfield Youth Commission to the meeting.

Approval of Minutes

The minutes from the Regular Meeting of March 12, 2007 were approved as written.

OLD BUSINESS

FINANCE & COMMITTEE

Transient Lodging Tax: Councilmember Abbott presented the second reading of an ordinance to adopt a new Chapter 187 entitled “Transient Lodging Tax” of Ordinance No. 166-84, the Codified Ordinances of Fairfield, Ohio. Ordinance approved for second reading only.

NEW BUSINESS

PUBLIC SAFETY COMMITTEE

Liquor Permit/Jay’s Food Mart: Councilmember Snyder, seconded by Councilmember Miller, moved that no hearing be requested on the liquor permit application in the name of Jay Matagi, DBA Jay’s Food Mart, 6100 Winton Road (Permit Class: C1, C2). Motion Carried 7-0.

PUBLIC WORKS COMMITTEE

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

Surplus City Vehicles: Background – City Manager Pizzano recommended a contract be authorized with Adesa Auctions, Inc. for the disposal of eleven surplus city vehicles. He stated in order to sell capital asset such as a vehicle or piece of equipment it must first be declared as surplus. The best revenues from this type of sale have historically been through the use of an auction company. Legislative Action – Councilmember Miller presented the first reading of a resolution declaring eleven (11) city vehicles as surplus and authorizing the City Manager to sell them through Adesa Auctions, Inc. and declaring an emergency. Councilmember Miller, seconded by Councilmember Abbott, moved for suspension of the rules requiring three readings of the resolution. Rules Suspended 7-0. Councilmember Miller, seconded by Councilmember Snyder, moved for adoption. RESOLUTION NO. 5-07 ADOPTED AS AN EMERGENCY 7-0.

Replacement Bridge for River Road: Background – City Manager Pizzano recommended a project participation agreement with the Butler County Engineer to design and construct a new bridge to replace the existing bridge on River road that is north of Burns Road. He explained the agreement provides for the reimbursement to Butler County from the City of Fairfield for sharing of local share costs associated with preliminary engineering, geotechnical studies, drainage studies, detail plans, project construction, and construction management including testing. Along with costs required for the relocation of utilities located within the private utility easements, right of way plans and acquisition are required for construction of the project. The agreement also includes filing of a State Capital Improvement Program grant application with the Ohio Public Works Commission of Ohio in 2007 for partial construction cost reimbursements. Construction is scheduled for 2008. Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a project participation agreement with the Butler County Engineer for the design and construction of a replacement bridge for River Road. Councilmember Miller, seconded by Councilmember Rhodus, moved to suspension the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Miller, seconded by Councilmember Oler, moved for adoption. ORDINANCE NO. 44-07 ADOPTED 7-0.

Storm Water Pipe at 3874 Mack Road: Background – City Manager Pizzano recommended a contract with Insituform Technologies, Inc. for the purpose of performing emergency repairs to the 48” storm water pipe at 3874 Mack Road. The pipe was originally installed in 1983 and due to deterioration; a large area behind the sidewalk is sinking as the backfill is being lost. Mr. Pizzano stated the cost of the emergency repairs is $29,838. Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Insituform Technologies, Inc. for emergency repairs to the 48” storm water pipe at 3874 Mack Road 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 Snyder, moved for adoption. ORDINANCE NO. 45-07 ADOPTED 7-0.

COMMUNITY & PUBLIC RELATIONS COMMITTEE

Appointment of Board/Commission Members: Councilmember Oler, seconded by Councilmember Snyder, moved to appoint the following residents to the various City boards and commissions effective April 1, 2007:

Jerry Dailey – Planning Commission (First Ward) Term Expiring: 3/31/2011

Deborah Rhees – Planning Commission (Third Ward) Term Expiring: 3/31/2011

Bob Myron – Parks & Recreation Board (First Ward) Term Expiring: 3/31/2010

Carol Oler – Parks & Recreation Board (Fourth Ward) Term Expiring: 3/31/2010

Ron Siciliano – Board of Zoning Appeals Term Expiring: 3/31/2012

Jennifer Muench-McElfresh, Civil Service Commission Term Expiring: 3/31/2010

John Backscheider, Fair Housing Board Term Expiring: 3/31/2010

Lew Hollinger, Fair Housing Board Term Expiring: 3/31/2010

Shelley Johnson, Fair Housing Board Term Expiring: 3/31/2010

Karen Fields, Community Forest Commission Term Expiring: 3/31/2010

Michael Lane, Community Forest Commission Term Expiring: 3/31/2010

Christine Hacker, Community Forest Commission Term Expiring: 3/31/2008

Pat Davis, Cultural Arts Advisory Commission Term Expiring: 3/31/2008

Darin Newcomer, Cultural Arts Advisory CommissionTerm Expiring: 3/31/2009

Erin Lickliter, Cultural Arts Advisory Commission Term Expiring: 3/31/2009

Scott Snyder, Cultural Arts Advisory Commission Term Expiring: 3/31/2009

Marilyn Seither, Cultural Arts Advisory Commission Term Expiring: 3/31/2010

Laine Snyder, Cultural Arts Advisory Commission Term Expiring: 3/31/2010

David Sheldrick, Cultural Arts Advisory Commission Term Expiring: 3/31/2010

Ray Sullivan, Cultural Arts Advisory Commission Term Expiring: 3/31/2008

Jerry Keller, Design Review Committee Term Expiring: 3/31/2009

Evelyn Jones, Design Review Committee Term Expiring: 3/31/2009

Motion Carried 7-0.

DEVELOPMENT SERVICES COMMITTEE

Outdoor Wood-Fired Boilers: Background – City Manager Pizzano recommended amending the Code of Ordinances relative to outdoor wood-fired boilers. He explained an outdoor wood-fired boiler is a free-standing wood burning device that resembles a tool shed with a smoke stack. It is located outside and separate from the space being heated. The primary use is to heat a home or domestic water, but it can also be used to heat barns, greenhouses, small commercial spaces, swimming pools and hot tubs. Mr. Pizzano went on to say that the basic design encourages a slow, cool fire to maximize the amount of heat piped into the home. However, this type of fire burns inefficiently creating excessive smoke that has negative impacts on surrounding neighbors in terms of nuisance and health problems. He recommended to City Council that these devices be prohibited within the City of Fairfield. Legislative Action – Councilmember Judd, seconded by Councilmember Miller, moved to read the following ordinance by title only. Motion Carried 7-0. Councilmember Judd presented the first reading of an ordinance amending Chapter 521 of Ordinance No. 166-84, the Codified Ordinances of Fairfield, Ohio, to add a new Section 521.18 relative to outdoor wood-fired boilers. Ordinance approved for first reading only.

PUBLIC UTILITIES COMMITTEE

Repairs to Sanitary Sewer System: Background – City Manager Pizzano recommended repairs to the sanitary sewer system at a cost of $45,000. He stated the project involves three repairs to the sanitary sewer system, each requiring excavation to expose and repair an existing defect. He stated eight bids were received and staff has recommended the contract be awarded to the lowest and best bidder, Rack & Ballaver Excavating Company of Cincinnati, Ohio. Legislative Action – Councilmember Rhodus, seconded by Councilmember Miller, moved to read the following ordinance by title only. Motion Carried 7-0. Councilmember Rhodus presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Rack & Ballaver Excavating Company, Inc. for repairs to the sanitary sewer system. Ordinance approved for first reading only.

FINANCE & BUDGET COMMITTEE

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

Wage and Salary Ordinance: Background – City Manager Pizzano recommended an amendment to the Wage and Salary Ordinance to provide for wage adjustments included in the various collective bargaining agreements and for non-represented positions, all effective April 1, 2007. The amendment would include members of the FOP, AFSCME, and IAFF bargaining units as well as certain non-union positions such as part-time employees and employees of the Municipal Court. Legislative Action – Councilmember Abbott presented the first reading of an ordinance to establish salaries and hourly rates for certain salaried and hourly employees of the City of Fairfield, Ohio and to authorize and limit the numbers and types of certain employees, to repeal Ordinance No. 41-07 and all amendments thereto and declaring an emergency. 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. 46-07 ADOPTED AS AN EMERGENCY 7-0.

2007 Budget Amendment (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 $45,000 for repairs to the sanitary sewer system. Councilmember Abbott, seconded by Councilmember Snyder, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Abbott, seconded by Councilmember Rhodus, moved for adoption. ORDINANCE NO. 47-07 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 $7,500 root treatment program/Wastewater Division; $16,310 office furniture/furnishings for the Water Division; $14,740 design of traffic mast arm signal at the intersection of Mack Road & Benzing Drive; $24,310 design of replacement traffic mast arm signals at the intersection of U.S. 127 @ Magie Avenue and River Road @ Cole/Vinnedge Avenue. Councilmember Abbott, seconded by Councilmember Miller, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Abbott, seconded by Councilmember Miller, moved for adoption. ORDINANCE NO. 48-07 ADOPTED 7-0.

Meeting Notices

Monday, April 9   Council-Manager Briefing, 6 PM; Regular Meeting, 7 PM

Monday, April 23 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 of Council reconvened at 9:00 p.m. No announcements were made as a result of the executive session of Council.

Adjournment

The Regular Meeting adjourned at 9:00 p.m.

ATTEST:

Dena Morsch, Clerk of Council
Ronald A. D’Epifanio, Mayor
April 9, 2007

Last updated: 12/13/2007