City Council Minutes

Monday, December 03, 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 Tim Abbott led in prayer followed by the Pledge of Allegiance.

Roll Call

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

Special Presentations and Citizen Comments

Joe Schwarz, 5305 Bibury Road, voiced his opposition to the proposed plan to renovate the Municipal Building. He felt the remodeling and expenditure of nearly $3 million is excessive and not in the best interest of the community. He suggested the possibility of a referendum against the ordinance and/or the placement of the issue on the November election ballot.

Residents from Whitmore Estates appeared before Council to solicit help regarding a property owner in Whitmore Estates who has applied for a license to operate an adult group home for people who are mentally and physically disabled. This same home was the subject of a large drug bust in July 2007. A list of residents attending this meeting is on file in the Clerk of Council’s office.

Tim Bachman, Development Services Director, explained that according to the Ohio Revised Code, any person may operate an adult family home as a permitted use in any residential zoning district which means an exemption from local zoning laws. He stated in August, the city sent letters to various agencies expressing the City’s concern that the property owner, Regina Bobi, was lacking in knowledge and experience in this field, particularly when it comes to dealing with people who are mentally ill, and the City’s concern about the impact of this development on Whitmore Estates. Since then, Ms. Bobi has completed the application to operate a group home with the State; the state is telling us that the information is in order and that her application is pending. Mr. Bachman stated the City found out today that there is a deed restriction against group homes in Section 1 and Section 2 of Whitmore Estates. He stated a deed restriction is a private covenant enforced by the individuals in that subdivision as a private matter. He stated the deed restriction in Whitmore Estates says that “Boarding houses, group homes and lodging homes are not permitted.”

Councilmember Snyder stated the deed restriction is a positive standpoint as far as the residents are concerned. However, he stated the question is whether state law could override a deed restriction.

Law Director Clemmons discussed the legal aspect of this situation. He stated the question of whether or not the ORC could override a deed restriction will not get answered unless the residents of Whitmore Estates take legal action against the property owner which could force a judge to make a decision based on this case. He stated the City cannot enforce private deed restrictions; however, he and Mr. Bachman would be happy to serve as a resource for information to the Whitmore Estates residents.

Mayor D’Epifanio, Council and staff discussed this situation at length. Another concern was the lack of experience on the part of the property owner to operate such a home and whether there would be proper supervision for the residents who would be living there.

Council encouraged the residents of Whitmore Estates to work together and to seek legal counsel for help in enforcing the deed restriction in their subdivision, noting again that Mr. Clemmons and Bachman would be available as resources for information. Council commended the residents of Whitmore Estates for the way they presented themselves this evening.

Agenda Modifications

Councilmember Snyder, seconded by Councilmember Oler, moved to add a simple motion to the agenda regarding a liquor permit application for the golf club house. Motion Carried 7-0.

Executive Session Request

Councilmember Snyder, seconded by Councilmember Oler, moved for an executive session to discuss employment and compensation of personnel. A roll call vote was taken by the Clerk. The executive session was approved by a 7-0 vote.

Mayor/Council Reports

Councilmember Meyers complimented the Parks Department and Fairfield’s volunteers for the hard work they did to make Holly Days, Breakfast with Santa, the production of The Nutcracker and the many dance programs at the Community Arts Center a huge success.

Approval of Minutes

The minutes from the Regular Meeting of November 19, 2007 were approved as written.

OLD BUSINESS

PUBLIC SAFETY COMMITTEE

County-Wide Radio System: Councilmember Snyder presented the second reading of an ordinance to authorize the City Manager to execute a lease of the city-owned radio tower at Harbin Park to the Board of Butler County Commissioners for the county-wide radio system and declaring an emergency. Ordinance approved for second reading only.

NEW BUSINESS

DEVELOPMENT SERVICES COMMITTEE

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

Project Management Services/Municipal Building Renovation Project: Background – City Manager Pizzano recommended a contract with Ortman Construction LLC for project management services for the remodeling of the Municipal Building at a cost of $62,400. He explained that Ortman Construction has assisted the city with three construction projects in the past three to four years, notably the Community Arts Center, Municipal Building Annex, and the new golf club house. The services will be field review of construction quality, managing general contractor and various sub trades, assisting with scheduling and coordinating work. The contract will be structured with a city termination clause and be structured so that the project manager is paid only for services performed. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Ortman Construction, LLC for project management services for the municipal building renovation project. Councilmember Judd requested first reading only of the ordinance, stating it is a little premature to hire a management service company for a project that hasn’t even been approved by Council. Councilmember Miller, seconded by Councilmember Rhodus, moved to suspend the rules requiring three readings of the ordinance. Councilmember Abbott stated he echoes the comments made by Mr. Schwarz. He stated from a needs analysis standpoint and a financial point of view, this project has not met the test and he views it as a wish list project instead of a needed project. He went on to say that he thinks the city could invest that $3 million elsewhere, citing as examples an overpass/underpass on Symmes Road or an economic revitalization fund for improvements on Route 4. Mayor D’Epifanio voice his support, noting that it would be cheaper to do the project now versus later. Councilmember Meyers stated the municipal building is probably better maintained than most public buildings and in his opinion, he doesn’t think there is a need to spend $2.5 million to do the kind of renovation that is being proposed. He stated Councilmember Abbott asked the architect a question a while back which was: on a scale from one to ten with ten being a definite need for this project, what would you rate it. The response was a four. Councilmember Meyers stated that doesn’t warrant spending the taxpayer’s money at this time. Councilmember Oler stated he worked for the city for 25 years and during that time, improvements were made on a piecemeal basis. The architects have told us that the project will need to be done at some point in time and he is in favor of doing the project now in order to save money versus waiting until later when the costs will be higher. He pointed out that the original plan called for leasing office space; that plan has since been modified by doing the project in stages and not moving the employees off-site which will save the city money. Councilmember Rhodus stated many residents he has spoken with have voiced their support for the project. He stated things like cubicles will be factored in which will make it easier to change the layout as departments and personnel changes and we will be getting rid of some of the higher maintenance issues on the outside of the building. Councilmember Rhodus stated right now with the bidding and housing market the way it is, now is the right time to do this project. Councilmember Snyder commented that public entities always seem to be behind the curve; when the traffic is a tangle that is when you start talking about developing roads and so many infrastructure issues wait until a crisis occurs before they are addressed. He stated from a cost standpoint, now is the best time to do the project. Mayor D’Epifanio directed the Clerk to take the following roll call vote: Councilmember Oler, yes; Councilmember Miller, yes; Councilmember Abbott, no; Councilmember Rhodus, yes; Councilmember Meyers, no; Councilmember Judd, no; Councilmember Snyder, yes. The motion to suspend the rules failed by a 4-3 vote. Law Director Clemmons noted that five votes or a two-thirds majority are needed to suspend the rules. Ordinance approved for first reading only.

Revised Architectural Design Services/Municipal Building Renovation: Background – City Manager Pizzano recommended Council authorization of a revised contract with Michael Schuster Associates for architectural design services to include the exterior renovations to the Municipal Building, the expansion of audiovisual, technology and security systems, and the phasing of the proposal to allow occupancy of the building during the project. He stated additional funding in the amount of $96,500 would be needed for this project, noting that a portion of which is attributable to other projects originally included separately in the Capital Improvement Program. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to enter into a revised contract with Michael Schuster Associates (MSA) for architectural design services for the Municipal Building Renovation Project Design and declaring an emergency. Ordinance approved for first reading only.

FY2008 Community Development Block Grant Application: Background - City Manager Pizzano recommended the adoption of an ordinance to authorize the City Manager to execute the FY2008 Community Development Block Grant application. He explained the proposed project is a gateway stanchion on the south side of the CSX railroad overpass at the north end of Route 4. The total cost of the proposed project is $296,875; the estimated grant allocation is $118,300; 2007 CDBG secured funds; CIP $59,100. Legislative Action – Councilmember Judd presented the first reading of an ordinance to authorize the City Manager to execute the FY 2008 Community Development Block Grant (CDBG) application and agreement and declaring an emergency. Councilmember Judd, seconded by Councilmember Rhodus, moved for suspension of the rules requiring three readings of the ordinance. Rules Suspended 7-0. Councilmember Judd, seconded by Councilmember Snyder, moved for adoption. ORDINANCE NO. 144-07 ADOPTED AS AN EMERGENCY 7-0.

PUBLIC WORKS COMMITTEE

Readings (2) by Title Only: Councilmember Miller, seconded by Councilmember Abbott, moved to read the following two ordinances by title only. Motion Carried 7-0.

LeSaint Drive Reconstruction Improvements: Background – City Manager Pizzano recommended a contract with Don S. Cisle, Inc. for the LeSaint Drive Reconstruction project. The project would construct the improvements necessary for the replacement of the last concrete surfaced street within the City and will include underdrains, storm sewer improvements, new concrete curbs, and new concrete aprons for the entire project length. The cost of this project is $604,072. Legislative Action – Councilmember Miller presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Don S. Cisle, Inc. for construction of the LeSaint Drive Reconstruction Improvements 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 Oler, moved for adoption. ORDINANCE NO. 145-07 ADOPTED AS AN EMERGENCY 7-0.

State Route 4/West Crescentville Intersection Improvement Project: Background – City Manager Pizzano stated an ordinance is needed to appropriate right-of-way for the State Route 4/West Crescentville Intersection Improvement Project. He noted that $43,000 has already been approved by Council for the right-of-way needed for this project. Legislative Action – Councilmember Miller presented the first reading of an ordinance to appropriate to public use certain interests in real property identified in plans prepared by CDS Associates, Inc. and entitled “State Route 4 and West Crescentville Intersection Improvements Project” 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 Snyder, moved for adoption. ORDINANCE NO. 146-07 ADOPTED AS AN EMERGENCY 7-0.

COMMUNITY & PUBLIC RELATIONS COMMITTEE

Appointment of TID Members: Councilmember Oler, seconded by Councilmember Meyers, moved to reappoint Donald Hassler and Dave Bock to the Butler County Transportation Improvement District for a term of office retroactive to October 15, 2007 through October 14, 2009. Motion Carried 7-0.

PUBLIC SAFETY COMMITTEE

Purchase of Radio Console: Background – City Manager Pizzano recommended a contract with Motorola for the purchase of a third console and radio equipment for use with the countywide radio system. The cost of this equipment is $78,931.Legislative Action – Councilmember Snyder, seconded by Councilmember Rhodus, moved to read the following ordinance by title only. Motion Carried 7-0. Councilmember Snyder presented the first reading of an ordinance to authorize the City Manager to enter into a contract with Motorola for the purchase of an additional radio console and related equipment 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. 147-07 ADOPTED AS AN EMERGENCY 7-0.

Liquor Permit: Councilmember Snyder, seconded by Councilmember Rhodus, moved that no hearing be held on the liquor permit application in the name of the City of Fairfield, Ohio Pool & Golf Course, 2605 Augusta Blvd. and 2200-02 John Gray Road (Permit Class: D1, D2, D3 and D6). Motion Carried 7-0.

FINANCE & BUDGET COMMITTEE

Reading’s (3) by Title Only: Councilmember Abbott, seconded by Councilmember Miller, moved to read the following three 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 $62,400 for project management services for the Municipal Building Renovation Project and $96,500 for the revised contract for architectural services for the Municipal Building Renovation Project Design. Ordinance approved for first reading only.

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 $604,072 for the LeSaint Drive Reconstruction Improvements and $78,931 for the radio system console. 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 Meyers, moved for adoption. ORDINANCE NO. 148-07 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 $60,000 for the disposal of excavated materials and debris from various city projects under the existing contract with Rumpke. 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. 149-07 ADOPTED 7-0.

Meeting Notice

Saturday, December 8 Special Meeting of Council, 8:00 AM (Quarterly Discussion with City Manager/Council Goals & Objectives) – Location: Public Works Facility, N. Gilmore Road

Monday, December 10 Council-Manager Briefing, 5:30 PM; Regular Meeting & Public Hearing (2008 Budget), 7 PM

Sunday, December 30 Oath of Office Ceremony, 4:00 PM, Fairfield

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

Monday, January 28 Council-Manager Briefing, 6 PM; Regular Meeting, 7 PM

Executive Session

Council recessed to executive session at 8:10 p.m. to discuss employment and compensation of personnel.

Regular Meeting Reconvenes

The Regular Meeting reconvened at 10:30 p.m. No announcements were made as a result of the executive session of Council.

Adjournment

The Regular Meeting adjourned at 10:30 p.m.

Last updated: 06/11/2008