WEST CARROLLTON CITY COUNCIL REGULAR MEETING

Held February 24, 1998

PRESENT: Mayor Maxine Gilman; Council members Bill Ennis, Daryl Garrison, William Gordon, Jack Jensen, Linda Lotspaih and Jeff Sanner; City Manager Tracy Williams; Assistant City Manager David W. Rowlands; Law Director Patrick Carney; Service Director Don Hill; Police Chief Don Rice; Fire Chief Jack Keister; Director of Planning and Economic Development David Humphreys; and Assistant Clerk of Council Patricia Replogle.

The meeting was called to order by Mayor Gilman. Jim Robertson of Abundant Life Baptist Church gave the invocation. The Pledge of Allegiance and Roll Call followed.

MINUTES

A motion was made by Mr. Ennis to approve the minutes of the Regular Council Meeting of February 10, 1998 and the Focus Group Meeting of February 17, 1998. Mr. Sanner seconded the motion. A roll call vote was taken. All members voted yes and the motion carried.

PUBLIC HEARINGS

There were no Public Hearings.

COMMUNICATIONS AND PRESENTATIONS

Police Department Employee of the Year - Patricia A. Williams

Chief Rice addressed Council. He stated that the West Carrollton Police Department Employee of the Year is selected by a panel of peers. Chief Rice said that this year’s Employee of the Year is Patricia A. Williams, secretary to the Chief of Police. Chief Rice asked Patty and her husband, Mike, to come to the podium. Chief Rice further noted that Patty has been with the Police Department for 10 years. She always helps others whenever needed and volunteers in every department in any way that she can. The Chief said she manages to keep him organized, too. Chief Rice read the Proclamation and asked Mayor Gilman to present the plaque to Patty. Mayor Gilman said that Patty is very deserving of the award and offered her congratulations. Mayor Gilman noted that Patty has volunteered many hours to the D.A.R.E. program and is a good ambassador for the City of West Carrollton. The Mayor said that there will be a reception in the lobby in Patty’s honor.

COMMENTS BY THE AUDIENCE

There were no comments by the audience.

UNFINISHED BUSINESS

Ordinance No. 3082: Landscape Regulations

Ordinance No. 3082: An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Sections 154.01, 154.26-2, 154.36, 154.184, and adding Section 154.185 to provide enhanced landscape regulations for the City.

Mr. Garrison made a motion, seconded by Mr. Jensen, to adopt Ordinance No. 3082. A unanimous roll call vote carried the motion.

Ordinance No. 3085: Charges of Emergency Ambulance Services

Ordinance No. 3085: An ordinance establishing charges for Emergency Ambulance Services provided by the City of West Carrollton, and establishing collection policies regarding said charges.

A motion was made by Mr. Sanner and seconded by Mr. Gordon to approve Ordinance No. 3085.

Mrs. Lotspaih stated that she had been contacted by some with concerns as to how the costs would affect senior citizens under Medicare and Medicaid. Mr. Jensen said that he had heard similar concerns. Fire Chief Keister stated that the emergency ambulance services would always be provided as that is their main concern. He said that their department has only received one phone call expressing the same concern for senior citizens and they answered all of the questions. Chief Keister reiterated that quality emergency services would always be their main focus.

A roll call vote was taken. All members voted yes. The motion carried.

NEW BUSINESS

Ordinance No. 3086: Cash Performance Bond-West Carrollton Development Company

Ordinance No. 3086: An ordinance releasing a portion of the cash performance bond filed by the West Carrollton Development Company, Ltd., as principals, for the Alex Tower Shopping Center and Business Park.

Mayor Gilman noted that only $51,719.40 of the $123,626.00 cash performance bond wold be released with the City retaining 100% of the amount necessary for work not yet completed.

This is the First Reading of Ordinance No. 3086.

Resolution No. 9-98: Viviano "Rod" Rodriguez

Resolution No. 9-98: A resolution acknowledging the appreciation of the citizens and public officials of the city of West Carrollton for services rendered unto said city by Viviano "Rod" Rodriguez.

Mayor Gilman introduced and made a motion to approve Resolution No. 9-98. Mr. Gordon seconded the motion. A unanimous roll call vote carried the motion.

Agreement with Montgomery County for the 800 MHz Trunked Radio System

Mayor Gilman asked Mr. Carney if he had reviewed the agreement. Mr. Carney stated that he had reviewed the agreement and it is acceptable. Mr. Ennis made a motion to authorize the City Manager to enter into an agreement with Montgomery County for the new 800 MHz trunked radio system. Mr. Garrison seconded the motion. All members voted yes to a roll call vote and the motion carried.

REPORTS BY OFFICERS

Mr. Williams informed Council that he had received a request from C. F. Holliday School for a donation to their Winter Carnival. He suggested ten, one-day pool passes. Mr. Jensen made a motion, seconded by Mr. Ennis, to authorize the City Manager to donate ten, one-day pool passes to the C. F. Holliday School for their Winter Carnival. A unanimous roll call vote carried the motion.

Mr. Williams also stated that bids were received for one staff vehicle and a one-ton dump truck. The low bid was from Voss Chevrolet.

Mr. Williams requested an executive session to discuss a real estate matter and a personnel matter.

UNSCHEDULED BUSINESS

COMMENTS BY THE AUDIENCE

There were no comments by the audience.

COMMENTS BY COUNCIL

Mrs. Lotspaih thanked the Rotary Club for the Spaghetti Dinner on Saturday. She informed everyone that Matt Hathaway, a student at West Carrollton High School, was chosen to compete in the 1998 Down Under Bowl. Donations for his trip are being accepted at the National City Bank West Carrollton branch.

Mr. Gordon offered his congratulations to Patty Williams for her award and to Mayor Gilman on the birth of her granddaughter.

Mr. Ennis expressed concern over the way advertisements are being distributed in his neighborhood. He stated that while he understands that it is a first amendment right to advertise, the manner in which they are distributed results in trash being left in the yards and streets. His neighbors have seen trucks going down the street tossing the ads from the back in a haphazard manner. He feels that advertising is fine but needs to be done in a more orderly manner. Mr. Williams said that Mr. Carney and Chief Rice have been looking into this matter. Chief Rice has contacted the Ohio Municipal League to find out how their members have handled this situation. Mr. Williams hopes to have some news or possibly new legislation, if the existing regulations aren’t sufficient, by the next meeting.

Mr. Jensen asked what the distributors’ position is on this matter and if they had been contacted. Chief Rice responded that they had not contacted the distributors yet.

Mr. Ennis asked if the Littering Ordinance would apply. Chief Rice stated that they can’t charge a person with littering unless the property owner says he or she doesn’t want the

items on his property. Mr. Gordon said that he had contacted the company and asked not to deliver to his home and he has not received any items since then. Mr. Williams said that an attempt would be made to contact the distributors.

Mayor Gilman thanked Ron Ziemkowski on cameras. She also thanked the students in the audience for attending this evening’s meeting. The Mayor also expressed appreciation to Mary Dysert of the Dayton Daily News and Jim Pickering of the Miamisburg-West Carrollton Times for their articles on the Citizens Academy. The Mayor then read a letter she had received from the United Way. In the letter the United Way congratulated the City employees for their successful fund-raising campaign, notably Tom Reilly and Libby Storer.

Mayor Gilman made a motion to recess to a work session with Miami Valley Cable Council for training, then to an executive session to discuss a real estate matter and personnel matter, then to reconvene to a work session to discuss the items on the agenda. Mayor Gilman then amended her motion to conduct the entire work session first and then go to executive session. Mr. Gordon seconded the motion. A unanimous roll call vote carried the motion.

WORK SESSION

Joining City Council in the work session were City Manager, G. Tracy Williams; Assistant City Manager, David Rowlands; Service Director, Don Hill; Ric Hayes, Miami Valley Cable Council; Carl Suchomel, Miami Valley Cable Council; and Guests Ray Snider, and Ed Jones.

MVCC ON-CAMERA TRAINING

Mr. Hayes explained the purpose of the on-camera training and mentioned an upcoming seminar entitled "Mastering the Media."

Mr. Suchomel showed a video to city council and reviewed on-air techniques.

Mr. Hayes, Mr. Suchomel, Mr. Snider and Mr. Jones left the meeting.

VISION RETREAT

Mr. Williams informed council that Mary Ellen Mazey will be able to facilitate the vision retreat this year.

ALEX ROAD WIDENING PROJECT

Mr. Williams informed council that the bid for the project was $40,000 above the estimated cost of the project.

Mr. Hill mentioned that the cost was higher because of Conrail’s portion of the project.

City council asked city staff to move ahead with the project.

CHANGE ORDERS

Mr. Williams presented two options to council, (1) a straight percentage, or (2) a cap on the amount for any change order.

City council authorized a percentage of 10% (ten percent), for the city manager to use. In addition, the city manager is to prepare a memo on all change orders over $25,000 for council.

AUDIT COMMITTEE

Mr. Williams mentioned that the Finance Director did not recommend establishing an audit committee. In addition, other cities in the area are not establishing audit committees.

City council decided that no audit committee was needed at this time.

COUNCIL COMMENTS

Councilmember Lotspaih asked about the status of the credit card report, and about the letter from SCOPE for the city newsletter.

Councilmember Jeff Sanner moved to enter into an executive session. Councilmember Bill Ennis seconded the motion. All members present voting Yes, the motion carried.

EXECUTIVE SESSION

Joining City Council in the executive session were City Manager, G. Tracy Williams; Assistant City Manager, David Rowlands; and Service Director, Don Hill.

REAL ESTATE MATTERS

City Council discussed the acquisition of property.

Mr. Hill left the meeting.

PERSONNEL MATTER

Mr. Rowlands left the meeting.

City Council discussed a personnel matter.

Councilmember Bill Gordon moved to reconvene into the regular work session. Councilmember Linda Lotspaih seconded the motion. All members present voting Yes, the motion carried.

ADJOURNMENT

Having no further business, Councilmember Bill Gordon moved to adjourn. Councilmember Jensen seconded the motion. All members present voting Yes, the motion carried.

______________________________ ______________________________

MAYOR CLERK OF COUNCIL