1 RECORD OF PROCEEDINGS Minutes of the Silverton City Council Meeting Held Thursday, June 18, 2009 The Council of the City of Silverton met for a business meeting in Council Chambers at 6860 Plainfield Road at 7:00 pm on Thursday, June 18, 2009. Mayor John Smith called the meeting to order. OPENING REMARKS: Mayor Smith led a moment of silent prayer, followed by the Pledge of Allegiance. ROLL CALL: Elected Officials: John Smith, Mayor Willa Garner, Council Joyce Glover, Council Present Present Present Shirley Hackett, Council Present Frank Sylvester, Council Present Mark Quarry, Council Dottie Williams, Council Present Present Also present: Mark Wendling, City Manager Bryan Pacheco, City Solicitor Meredith George, Clerk of Council Tom Peterson, Finance Director REVIEW MEETING AGENDA: No changes needed. 2 APPROVAL OF MINUTES FROM PRIOR MEETINGS: Mayor Smith presented the minutes from the May 21, 2009 Council Meeting and the June 4, 2009 Workshop for approval. Mrs. Garner motioned for approval of the minutes with any necessary corrections and was seconded by Mrs. Hackett. All present voted aye. Motion carried. MAYOR’S COMMENTS AND GUESTS: 1. Mayor Smith asked Mr. Pacheco to clarify the information relayed to Council regarding the letter from Cincinnati Bell Extended Territories explaining their intent to provide video service in Silverton. Mr. Pacheco explained that Cincinnati Bell notified Silverton that they intend to provide video services in Silverton. The City responded by providing Cincinnati Bell that we will charge them a 5% video services provider franchise fee. If we would not have acted swiftly, we could have forfeited our rights to collect the franchise fee. PUBLIC COMMENT: Brian Mueller – 7034 East Avenue Mr. Mueller thanked Council for approving the East Avenue street improvement project and informed Council how excited he and his neighbors are about the project. Mr. Mueller also thanked Mr. Wendling for the letter he sent informing residents about the upcoming project. Mr. Mueller asked Council to please consider installing a curb on the east side of the street. Mr. Wendling explained that the curbing on the east side of the street will cost an additional $23,000. The original estimate for the project was $156,000 and the bid came in at $92,000, so there is room in the financing to add the curbing to the project. Mr. Wendling explained that if the curbs are installed on the east side of the street, the City will need temporary easements from all the residents on East Avenue, as all the driveway aprons will need to be replaced and most of the front yards will need to be re-graded. Mr. Sylvester added that a gutter drain would need to be installed to promote water drainage. Mr. Wendling stated there is room within the grant money to add the curbing to the project and it would make it a better project. 3 Rusty Bingham – 7038 East Avenue Mr. Bingham stated he would also like to see the curbing on the east side of the street. Mr. Bingham said there is a telephone pole at the edge of his property which is developing a large sink hole, due to snow and drainage. Mr. Bingham added that the hole will only get worse due to the weather and traffic. The absences of the curb, along with the narrowness of the street cause people to drive in the front yards of the homes on East Avenue. The curbs would prevent this from happening. Mr. Bingham asked Council to please consider adding the curbing to the project. Mary Wright – 6700 Stoll Lane Mrs. Wright praised the Silverton Business Association for the Summer Concert, featuring the Mistics. Mrs. Wright said it was wonderful to see the businesses represented and complimented the City Staff and Council. Mrs. Wright added that our service department is the best there is! Mr. Wendling reported the event was put together by JoAnna Brown and Susan Welsh, and praised them for their efforts. Mrs. Wright invited everyone to the Silverton Art and Wine Fest, which will take place on Saturday, June 20 from noon to 6 p.m. at Meier’s Winery. Idella Thompson – 6528 Elwynne Drive Mrs. Thompson addressed Council to give them an update on the Welcome Wagon Committee. Mrs. Thompson reported the Welcome Wagon has delivered over 20 welcome packages to new residents so far in 2009. Mrs. Thompson thanked the committee for their work in putting the packages together and encouraged the local businesses to contact her if they would like to include info on their business in the packets. Mrs. Thompson also reported that cars are still parking in front of Italianette on Plainfield Road, creating a dangerous situation. Mr. Wendling stated he will talk to Rick Lehmkuhl about placing No Parking Signs in the area. OLD BUSINESS AND GENERAL COMMENTS: 4 Mr. Quarry revisited the discussion about adding the curbing on the east side of East Avenue. Mr. Quarry stated that cars and trucks drive in the yards causing damage to the yards and the curbs would prevent this from happening. Mr. Quarry added the curbing will help channel the water along the street. Mrs. Glover stated that the money is available and cannot be used for anything else, so she believes we should move forward and add the curbs to the project. A brief discussion followed. Mr. Sylvester motioned to add the curbing to the east side of East Avenue as part of the street improvement project. Mr. Quarry seconded the motion. A roll call vote was taken. All members present voted aye. NEW BUSINESS AND COMMITTEE REPORTS: 1. Tax Budget Hearing Mr. Peterson stated the purpose of the hearing was the presentation of the 2010 Tax Budget. Mr. Peterson explained that the tax budget serves as a mechanism for the auditor’s office to ensure that municipalities have the money that they say they have and so they do not end up in a fiscal crisis the following year. Mr. Peterson gave an overview of the tax budget. Mr. Peterson emphasized the importance of the earnings tax and how critical it is for residents to file and pay their Silverton taxes. Mrs. Glover motioned to close the public hearing and was seconded by Mrs. Williams. All members present voted aye. Motion carried. 2. City Manager’s Report 2.1. 2009 SCIP Program Mr. Wendling reported the utility pole on Aldon will be moved soon. Duke Energy has moved their lines and we are waiting for Cincinnati Bell and Time Warner to move theirs. Mr. Casto, our engineer, recommends that the other two cul-de-sacs that have the utility poles in the center be moved as well, making future street projects easier to proceed with. Cincinnati Water 5 Works has installed new water lines on Hampton. Adleta Construction plans to begin road construction in July. The project deadline is October 31, 2009. Mr. Quarry reported gas pipes on East Avenue that are sticking out of the ground about 9-12” as a result of the new gas lines that were just installed. Mr. Wendling said he will look into it. 3. Clerk of Court Report Mrs. George gave the May 2009 Clerk of Court Report. Mrs. Glover motioned for approval and was seconded by Mrs. Hackett. All members present voted aye. Motion carried. 4. Budget Report Mr. Peterson gave the May 2009 Budget Report. Mrs. Hackett motioned for approval and was seconded by Mr. Quarry. All members present voted aye. Motion carried. COMMITTEE REPORTS: 1. Councilwoman Glover Mrs. Glover was pleased to report that the LSDMC has selected a new principal for Silverton Paideia. Mrs. Glover is not able to make the announcement yet, but the information will be forthcoming. The selection process went well and there was a large pool of qualified candidates. 2. Councilwoman Hackett Mrs. Hackett reported the UFB is planning an educational open house to be held in October 2009. The UFB will be presenting a tree brochure to Council in July. Mrs. Hackett reported that the UFB members were very pleased with the SBA Concert and appreciated the opportunity to get information out to the citizens about their organization. 3. Councilman Quarry Mr. Quarry had no report for OKI. 6 Mr. Quarry reported that the HCSWD has a meeting scheduled for next week. Mr. Quarry added a resolution for the Phase II regulations for the HCSWD is on tonight’s agenda. 4. Councilman Sylvester Mr. Sylvester reported the Technical Review Committee had their final meeting to review the new proposed zoning code. The zoning code will be presented to Council in July. 5. Councilwoman Williams Mrs. Williams reported the Fire District Board met earlier this month. Topics of discussion were: Record retention Capital Improvements – a new driveway and landscaping has been installed. Memorial Day Open House New computer system The hiring of a new full-time Firefighter/EMT 6. Councilwoman Garner Mrs. Garner had no ICRC report, but added that digital conversion boxes are still available for anyone that might need one. The information is on our website. INTRODUCTION AND READING OF LEGISTLATION: Mrs. George gave the first reading of Ordinance 09-3293 An Ordinance Adopting the Preliminary Budget for the City of Silverton for the Calendar Year 2010 and Declaring an Emergency. Mrs. George gave the reading of Ordinance 09-3294 An Ordinance to Levy an Additional Special Assessment on Property for the Total Cost of Demolishing a Dangerous and Unsafe Structure Located at 6805 Montgomery Road and Demolishing Said Structure Pursuant to RC 715.261 and Chapter 91 of the Municipal Code of Ordinances and Declaring an Emergency. Mrs. Glover motioned for passage and was seconded by Mrs. Garner. A roll call vote was 7 taken. All members present voted aye. Motion carried. Mr. Quarry motioned to suspend the rules and was seconded by Mrs. Glover. A roll call vote was taken. Motion carried. Mrs. George gave the reading of Ordinance 09-3295 An Ordinance to Levy Special Assessments on Property for the Total Cost of Mitigating Noxious Weeds and High Grass Pursuant to Sections 91.70-.73 of the Municipal Code of Ordinances and R.C. 715.261 and Declaring an Emergency. Mrs. Williams motioned for passage and was seconded by Mr. Quarry. A roll call vote was taken. All members present voted aye. Motion carried. Mrs. Glover motioned to suspend the rules and was seconded by Mr. Sylvester. A roll call vote was taken. All members present voted aye. Motion carried. INTRODUCTION AND READING OF RESOLUTIONS: Mrs. George gave the reading of Resolution 09-564 A Resolution Awarding the Contract for the Hampton Aldon East Improvement Project to Adleta Construction. Mr. Quarry motioned for passage and was seconded by Mrs. Williams. A roll call vote was taken. All members present voted aye. Motion carried. Mrs. George gave the reading of Resolution 09-566 A Resolution Authorizing the City Manager to Enter into a Contract with the Cincinnati Public School District, The Silverton School Local School Decision Making Committee and Silverton Paideia School for the Purpose of Employing and Supplying a School Resource Coordinator. Mrs. Garner motioned for passage and was seconded by Mr. Sylvester. A roll call vote was taken. All members present voted aye. Motion carried. Mrs. George gave the reading of Resolution 09-567 A Resolution Authorizing the City Manager to Enter into An Agreement to Become a Member of the Center for Local Government Benefits Pool for the Purpose of Providing Medical Benefits to City Employees. Mrs. Williams motioned for passage and was seconded by Mr. Quarry. A roll call vote was taken. All members present voted aye. Motion carried. 8 Mrs. George gave the reading of Resolution 09-568 A Resolution Adopting the Rules and Regulations for the Hamilton County Storm Water District. Mr. Quarry motioned for passage and was seconded by Mrs. Glover. A roll call vote was taken. All members present voted aye. Motion carried. MOTION TO RETIRE TO EXECUTIVE SESSION: Mr. Quarry motioned to retire to executive session to consider the appointment, employment, dismissal, discipline, promotion, demotion or compensation of a public employee and to discuss imminent or pending legislation per ORC 121.22(G). Mrs. Glover seconded the motion. A roll call vote was taken. All members present voted aye. Motion carried. MOTION TO RECONVENE THE REGULAR MEETING: Mr. Quarry motioned to reconvene the regular meeting and was seconded by Mrs. Garner. All members present voted aye. Motion carried. AGENDA ITEMS FOR THE NEXT COUNCIL MEETING: None. MOTION TO ADJOURN MEETING: Motion to adjourn was made by Mrs. Glover and seconded by Mr. Sylvester. All present voted in favor. Motion carried. The meeting adjourned at 9:21 p.m. Respectfully submitted, _____________________________________ Meredith L. George Clerk of Council 9 _____________________________________ John A. Smith Mayor _____________________________________ Mark T. Wendling City Manager