City Council Minutes

Monday, April 23, 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

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

Roll Call

Clerk Morsch called the roll of Council. Present Councilmembers were Steve Miller, Tim Abbott, Mitch Rhodus, Tim Meyers, Marty Judd, Mike Snyder, and Mike Oler.

Executive Session Request

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

Special Presentations/Citizen Comments

Peg Collins, Dee Alva Drive, presented Council with information about promoting awareness and safety of groundwater resources. She reminded everyone that help is need for this year’s river clean-up event on July 7.

Councilmember Tim Meyers presented a Mayoral proclamation to Rick Helsinger, Building & Zoning Superintendent in recognition of “Building Safety Week.” Mr. Helsinger invited everyone to participate in the Building Safety Expo on May 8 in Village Green. Councilmember Mike Oler presented a Mayor proclamation to Don Hershner and Eric Yost in recognition of “Letter Carriers Food Drive Day” on May 12.

City Manager Pizzano presented Employee STAR Awards to Jason Turner, Operator/Maintenance Worker in the Wastewater Division and Robert “RC” Wysong, Operator/Maintenance Worker in the Wastewater Division for their special work on a special project that was critical to long-term planning for their division. Robert Jackson, Crew Leader in the Street Division, received a STAR award for his time and effort on behalf of the Summer Adventure for All Kids Program and in mentoring youth. Brad Williams, Recreation Programmer in the Parks and Recreation Department, received a STAR Award for his work in expanding the recreational offerings for the senior citizens of our community.

Mayor D’Epifanio 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 April 9, 2007 and the Special Meeting of April 14, 2007 were approved as written.

OLD BUSINESS

DEVELOPMENT SERVICES COMMITTEE

Outdoor Wood-Fired Boilers: Councilmember Judd, seconded by Councilmember Abbott, moved to amend the ordinance per Planning Commission’s recommendation. Law Director Clemmons explained that reference to commercial buildings was added as well as the sentence: this section does not apply to buildings or facilities used for industrial purposes. Motion Carried 7-0. Councilmember Judd presented the second 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 second reading only.

PUBLIC UTILITIES COMMITTEE

Re-Lining of Sanitary Sewers: Councilmember Rhodus presented the second reading of an ordinance authorizing the City Manager to enter into a contract with Insituform Technologies, Inc. for the re-lining of sanitary sewers. Councilmember Rhodus, seconded by Councilmember Oler, moved to suspend the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Rhodus, seconded by Councilmember Oler, moved for adoption. ORDINANCE NO. 57-07 ADOPTED 7-0.

NEW BUSINESS

PARKS, RECREATION & ENVIRONMENT COMMITTEE

Phase 2/Miami-Erie Canal Bike/Hike Path: Background – City Manager Pizzano requested approval of an agreement with the MetroParks of Butler County for a joint construction of the Phase 2/Miami Erie Canal Bike/Hike Path Project. He stated the portion of the Miami-Erie Canal path proposed in the grant agreement would be from a western terminus at the Gilmore Pond Interpretive Preserve (Gilmore Road) to an eastern terminus near the Fairfield/West Chester corporate line, thereby connecting to the 2002 funded portion of the bike/hike path. The proposed bike/hike path would be approximately 2.25 miles in length, with approximately 1.3 mile within the City of Fairfield. Mr. Pizzano stated MetroParks served as the lead agency on the project and submitted all grant applications. The County was notified in the spring of 2005 of its receipt of the grant and the Butler County Engineers Office agreed to serve as the technical advisor on the project. Mr. Pizzano requested an appropriation of $93,867 as Fairfield’s portion of the cost of the project. Legislative Action – Councilmember Meyers, seconded by Councilmember Miller, moved to read the following ordinance by title only. Motion Carried 7-0. Councilmember Meyers presented the first reading of an ordinance to authorize the City Manager to enter into an agreement with the MetroParks of Butler County, Ohio for the construction of the Phase 2/Miami-Erie Canal Bike/Hike Path. Ordinance approved for first reading only.

PUBLIC WORKS COMMITTEE

Reading’s (4) by Title Only: Councilmember Miller, seconded by Councilmember Abbott, moved to read the following two ordinances and two resolutions by title only. Motion Carried 7-0.

Single Axle Cab & Chassis/Wastewater Division: Background – City Manager Pizzano recommended a contract wit International Truck & Engine Corporation for the purchase of one (1) Single Axle Cab and Chassis for use by the Wastewater Division. He explained that this truck will replace Unit 010 which is no longer in running condition. He requested an appropriation of $54,987 from the Sewer Surplus Fund. Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a contract with International Truck and Engine Corporation for the purchase of one (1) Single Axle Cab and Chassis for use by the Fleet Division and declaring an emergency. Councilmember Miller, seconded by Councilmember Rhodus, moved to suspend the rules requiring three readings of the ordinance. Rule Suspended 7-0. Councilmember Miller, seconded by Councilmember Abbott, moved for adoption. ORDINANCE NO. 58-07 ADOPTED AS AN EMERGENCY 7-0.

Declaration of Vehicle #010 as Surplus: Background – City Manager Pizzano recommended declaring city vehicle #010 as surplus and selling it to Marcell’s Garage for $200.00. He stated the vehicle is a 1984 GMC dump truck and is no longer operable. Legislative Action – Councilmember Miller presented the first reading of a resolution declaring one (1) 1984 Chevrolet C-70 dump truck (#010) as surplus and authorizing the City Manager to sell it to Marcell’s Garage in Hamilton, Ohio and declaring an emergency. Councilmember Miller, seconded by Councilmember Judd, moved to suspend the rules requiring three readings of the resolution. Rules Suspended 7-0. Councilmember Miller, seconded by Councilmember Judd, moved for adoption. RESOLUTION NO. 8-07 ADOPTED 7-0.

FEMA Grant: Background – City Manager Pizzano recommended an ordinance authorizing the City Manager to provide the required local match for the FEMA grant buy-out program. He explained that Fairfield’s grant application identified 11 properties located on or near the Pleasant Run Creek for purchase and demolition. The 11 homes were selected based on their potential for future flood damage. The approved FEMA grant will cover 75% of the total estimated project cost, with Fairfield being responsible for the remaining 25%. The State-Local Agreement between the City of Fairfield and Ohio EMA is one of the first steps necessary for moving forward with the buy-out program. Fairfield’s share of the project is $455,325 ($433,625 plus a contingency amount of $21,700). Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to execute the State-Local Agreement for the FEMA grant buy-out program and declaring an emergency. 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. 59-07 ADOPTED 7-0 AS AN EMERGENCY.

Designation of Applicant’s Agent: Background – City Manager Pizzano stated per FEMA requirements, the City must identify a project manager for projects involving federal grant funding. It is recommended that Council approve a resolution designating the City Manager as the project manager for the Fairfield buy-out program. Legislative Action – Councilmember Miller presented the first reading of a resolution for designation of Applicant’s Agent 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. 9-07 ADOPTED AS AN EMERGENCY 7-0.

PUBLIC UTILITIES COMMITTEE

2871 Bobmeyer Road: Background – City Manager Pizzano recommended passage of a resolution granting permission to a property owner at 2871 Bobmeyer Road to receive sewer and water service from the City of Hamilton. He noted that Fairfield does not have water or sewer utilities in this area. Legislative Action – Councilmember Rhodus, seconded by Councilmember Miller, moved to read the following resolution by title only. Motion Carried 7-0. Councilmember Rhodus presented the first reading of a resolution permitting a Fairfield property owner to receive City of Hamilton, Ohio water and sewer service from the City of Hamilton and declaring an emergency. Councilmember Rhodus, seconded by Councilmember Miller, moved for suspension of rules requiring three readings of the resolution. Rules Suspended 7-0. Councilmember Rhodus, seconded by Councilmember Snyder, moved for adoption. RESOLUTION NO. 10-07 ADOPTED 7-0.

PUBLIC SAFETY COMMITTEE

Reading’s (4) by Title Only: Councilmember Snyder, seconded by Councilmember Oler, moved to read the following four ordinances by title only. Motion Carried 7-0.

Fire Staff Vehicle: Background – City Manager Pizzano recommended a contract with Hirlinger Chevrolet for the purchase of a staff vehicle for use by the Fire Department. He stated an existing 1994 vehicle that has in excess of 125,000 miles will be replaced with a sport utility vehicle at a cost of $44,500. Legislative Action – Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Hirlinger Chevrolet for the purchase of a staff vehicle for use by the Fairfield Fire Department and declaring an emergency. Councilmember Snyder, seconded by Councilmember Oler, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Snyder, seconded by Councilmember Oler, moved for adoption. ORDINANCE NO. 60-07 ADOPTED AS AN EMERGENCY 7-0.

Radios for the Fire Department: Background – City Manager Pizzano recommended a contract with Motorola, Inc. for the purchase of 18 radios for the Fire Department. He stated the Fire Department has been awarded a grant from the Department of Homeland Security for the purchase of 18 radios and laptop computers and miscellaneous mounting hardware. He stated the radios being purchased with the grant money will be compatible with the new Butler County radio system once it becomes operational. Legislative Action – Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Motorola, Inc. for the purchase of eighteen (18) radios through the Homeland Security Grant program and declaring an emergency. Councilmember Snyder, seconded by Councilmember Judd, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Snyder, seconded by Councilmember Judd, moved for adoption. ORDINANCE NO. 61-07 ADOPTED AS AN EMERGENCY 7-0.

Computers for the Fire Department: Background – City Manager Pizzano recommended a contract with CDW-G for the purchase of seven (7) computers through the Homeland Security grant program. He stated the laptops will serve to provide additional resources to the department allowing it to install this equipment in all responding vehicles. The laptops will support the immediate change to a paperless reporting system, but will also support computer aided dispatch once that component is operational within our dispatch center. Legislative Action – Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with CDW-G for the purchase of seven (7) computers through the Homeland Security grant program and declaring an emergency. Councilmember Snyder, seconded by Councilmember Miller, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Snyder, seconded by Councilmember Miller, moved for adoption. ORDINANCE NO. 62-07 ADOPTED AS EN EMERGENCY 7-0.

Fairfield Tavern Liquor Permit: Background – City Manager Pizzano explained that each year, legislative bodies may object to the annual renewal of liquor licenses to permit holders. He requested that Council adopt a resolution objecting to the liquor permit for Greater Cincinnati Entertainment LLC, also known as Fairfield Tavern for the reason that the applicant’s unfavorable enforcement record and/or operation in disregard for laws, regulations, or local ordinances, and the location of the establishment substantially and adversely interferes with the public decency, sobriety, peace, or good order of the neighborhood. Legislative Action – Councilmember Snyder presented the first reading of an resolution objecting to the renewal of the liquor permit for Greater Cincinnati Entertainment, LLC also known as Fairfield Tavern and declaring an emergency. Councilmember Snyder, seconded by Councilmember Rhodus, moved for suspension of the rules requiring three readings of the resolution. Rules Suspended 7-0. Councilmember Snyder, seconded by Councilmember Rhodus, moved for adoption. RESOLUTION NO. 11-07 ADOPTED AS AN EMERGENCY 7-0.

FINANCE & BUDGET COMMITTEE

Reading’s (2) by Title Only: Councilmember Abbott, seconded by Councilmember Miller, moved to read the following two ordinances by title only. Motion Carried 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 $93,867 for the Miami-Erie Canal Bike/Hike Path; $44,500 Fire Department staff vehicle; $76,608 radios purchased with Fire ACT Program grant; $35,000 laptop computers purchased with Fire ACT Program grant; $1,734,500 FEMA grant buy-out program; $54,987 truck for Fleet Division (Wastewater). Councilmember Abbott, seconded by Councilmember Meyers, moved to suspend the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Abbott, seconded by Councilmember Meyers, moved for adoption. ORDINANCE NO. 63-07 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 $10,143 copier for Public Works; $7,322 mower deck for Parks Maintenance; $12,230 cab unit for mower for Parks Maintenance; $13,226 copier for the Police Department; $5,000 NPDES Phase II Storm Sewer; $18,392 modems and accessories purchase with Fire ACT Grant; $11,800 overhead doors for Public Utilities Annex; $15,850 dump body for Fleet Division; $4,200 overhead doors for Public Utilities Annex. Councilmember Abbott, seconded by Councilmember Rhodus, moved to suspend the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Abbott, seconded by Councilmember Snyder, moved for adoption. ORDINANCE NO. 64-07 ADOPTED

Meeting Notice

Monday, May 14 Council-Manager Briefing, 6 PM; Regular Meeting, 7 PM

Tuesday, May 29 Council-Manager Briefing, 5:30 PM at golf course on John Gray Road; Regular Meeting, 7 PM

Executive Session

Council recessed to executive session at 7:56 p.m. to discuss the topics listed on Page One.

Regular Meeting Reconvenes

The Regular Meeting reconvened at 9:05 p.m. No announcements were made as a result of the executive session of Council.

Adjournment

The Regular Meeting adjourned at 9:05 p.m.

ATTEST:
Dena C. Morsch, Clerk of Council
Ronald A. D’Epifanio, Mayor
Date Approved: May 14, 2007

Last updated: 12/13/2007