2009 City Council Meeting Minutes

Transcription

City Council Meeting Minutes
January 8, 2009
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on January 8, 2009, at 6:00 p.m., in the
First Floor Conference Room, City Hall, with the following members present: Jeanne Mills,
John Caupp, Dale Louderback, William R. Miller, Dennis R. Propes, Phyllis A. Pennewitt, and
Patricia L. Felton.
Motion by Vice President Mills, seconded by Mayor Pennewitt, to meet in Executive Session to
discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Ayes: Mills, Caupp, Louderback, Miller, Propes, Pennewitt and Felton
Nays: None
motion carried.
The City Council met in Executive Session to discuss Personnel Matters.
Regular Session
7:00 p.m.
At 7:00 p.m., the Xenia City Council adjourned their Executive Session and convened in Regular
Session in the City Council Chambers, City Hall, with the following members present: Jeanne
Mills, John Caupp, Dale Louderback, William R. Miller, Dennis R. Propes, Phyllis A. Pennewitt,
and Patricia L. Felton.
INVOCATION: Reverend Kenneth Moore, Pleasant Grove Missionary Church, gave the
invocation after which all joined in the Pledge of Allegiance.
REORGANIZATION OF COUNCIL: President Felton turned the chair over to Mayor
Pennewitt to assist the Law Director in City Council’s reorganization. Mayor Pennewitt invited
Mr. Lewis to distribute ballots to all Council members to establish the Council President for
2009. Councilman Louderback asked if he could explain to the audience who was eligible for
the offices of President and Vice President. Mayor Pennewitt responded that she would be glad
to do that. She explained that Patricia L. Felton, Jeanne Mills, William R. Miller, and Dennis R.
Propes were the only members of Council eligible for the offices of President and Vice
President. Since you must serve on City Council for two years to be eligible for President or
Vice President, Councilman Louderback and Councilman Caupp are not eligible to run for the
two offices this year, but they will be eligible next year. She is not eligible for either position
while serving as Mayor. She noted the four (4) eligible members’ names were listed on the
ballot. Council members cast their votes, and Mr. Lewis collected and reviewed the votes. He
noted four votes were cast for Councilman Propes and three votes were cast for Councilwoman
Mills. He announced that Dennis R. Propes was elected City Council President for 2009.
(Applause followed.)
On behalf of the entire Council, Mayor Pennewitt thanked President Felton for her two years of
service as Council President, for her efforts, and all the hours she devoted. (Applause followed.)
President Felton said she enjoyed serving as Council President. She has not been as active the
last six months due to her surgery. She cleaned the house yesterday and did laundry, so she is
XCC Meeting Minutes, 01-08-09, Page 2
getting back to normal. This is a fun job even though they have controversies and discussions.
She was born and raised in Xenia. She was gone from Xenia for over 20 years while living on
the east and west coasts. Xenia is a good and safe place to live and she is proud to be a Xenian.
Elected Officials are supposed to represent all the people on all the issues; she asked everyone to
keep that in mind. If they raised water, sewer, or trash rates, there was a reason. Everyone,
including City government, is struggling through this tight economy. She noted that the City of
Xenia has not had a tax increase since 1991. They do not want to lay off employees like they did
in 2003.
Mr. Lewis distributed ballots to all Council members to establish the Council Vice President.
Council members cast their votes and Mr. Lewis collected and reviewed the votes. He noted
four votes were cast for Councilman Miller and three votes were cast for Councilwoman Mills.
He announced that William R. Miller was elected City Council Vice President for 2009.
President Propes requested Council take a break at 7:10 p.m. to allow Council members to
change their seating arrangements. President Propes reconvened the meeting at 7:20 p.m., with
the same members present.
President Propes made the following announcements: (1) Prior to the Council’s Regular Session
meeting on January 22nd, there will be an Executive Session at 6 p.m. to discuss personnel issues;
(2) A Special Session is scheduled for 9 a.m. on Saturday, January 24th to finalize the 2009
budget and to discuss the water billing issue that was tabled at their December 30th meeting.
Councilman Louderback clarified the January 24th work session would be open to the public.
President Propes said that was correct. Councilman Louderback invited the audience members
to attend the meeting.
APPROVAL OF MINUTES: The December 30, 2008, Special and Regular Sessions minutes
were held in abeyance.
AUDIENCE COMMENTS: President Propes explained the procedures for audience comments
and invited anyone who wished to speak to come forward.
Quinn E. Ames, Jr., 912 East Main Street, said he has been a landlord in Xenia since 1971. He
understood this ordinance has been on the books for 25 years. He questioned that since he has
been a landlord for years and was never made aware of the ordinance nor did he receive anything
announcing that the ordinance would be discussed. There seems to be the feeling that landlords
are making a lot of money – Council should take their place. Tenants state they will take care of
the property; however, they are like an official wrecking crew without a license. Tenants sign up
for the water bill and should make a deposit to the city. He has had tenants take the water bill
out of their name and then put it in someone else’s name. The Water Department should be
checking to see which people are renters since landlords are required to submit a roster every six
months with their renters’ names listed. In 2006, 2007, and 2008, he has paid over $400 and
$500 water bills for tenants. At that time, water meters were read quarterly and landlords had to
pay for those three-month extensions because the water was never shut off. He now has “no
extensions” on his account. Landlords are not making money; most landlords will tell you that.
Property owners have to pay for insurance and tax increases. Property owners are supposed to
be investing and making money for the City. The more money they make, the more they are
taxed on those profits by the City. Income shown on Schedules E and C are taxable, and it is not
a good business proposition. Council should be in the landlord’s position.
Shawn E. Strider, 1804 Roxbury Drive, said he has five rental properties in Xenia. He has been
stuck with so many delinquent water bills, it is pathetic. Tenants skip out owing three and four
months of unpaid rent and water bills that the City allowed to accumulate to $500 to $700. The
City never disconnected the water on those tenants but has disconnected water on other people
who have $50 water bills. Landlords pay property taxes that the City used to purchase new
computers systems for the Water Department. Landlords are trying to bring revenue into the
community by having rental properties, but they are always getting slapped in the face with
delinquent water bills.
Harold Rodin, 1143 W. Second Street, felt they were lucky to be in a country where they can
stand up and speak about things they think are unfair. The water bill issue is not fair. It is akin
to the Dayton Power and Light Company. As a taxpayer in the City of Xenia, he should say
since he does not want to pay his DP&L bill, let the city pay it. DP&L’s response would be
“Sorry Mr. Rodin, no pay - no power.” Years ago if people did not pay their water bill, it was
not connected, which is how it should be today. Tenants get their water turned on today, because
landlords pay the water bill. Someone stated landlords should take delinquent water bills out of
the security deposit. By the time they collect unpaid rent and deduct for damages, there is no
security deposit left when tenants move out. He felt it was unfair. Council and the City of Xenia
should do what is fair and remove [repeal] the ordinance. They should put the responsibility
where it lays - let the people who use the water pay for it.
President Propes said Council would again be discussing the ordinance at the work session on
January 24th at 9 a.m. Council understands the concerns and complaints from the landlords. As
Councilwoman Felton mentioned, they work for all the citizens in the City of Xenia and they
need to consider everything. He did not want residents to think they were unheard and invited
them to attend the January 24th meeting.
Kay Slesinger, 655 Graystone Drive, said she resides in Xenia and New York. She has been in
the real estate business for 40 years. She purchased her first house during the first year she was
in the real estate business and has many rentals in Xenia and other places. It is true that it is
difficult to make money on rental properties because landlords have to wait to evict tenants. At
first, landlords are nice and let tenants miss a few months of rent before they can start eviction
proceedings. Three months later, they have to go to Court, which takes another month and more
money. In the meantime, when tenants know they are going to be evicted, everything ‘goes to
hell in a hand basket’. Landlords then have to haul away junk left by the tenant, all of which
costs them a lot of money. There is nowhere else where she has had to be responsible for
someone else’s debt where she did not have to co-sign. If the City wants landlords to co-sign on
a bad risk that is one thing because she would have a choice. If the City tells her the tenant is a
bad risk, then she would not co-sign or rent her property to them. If she chose to co-sign
knowing the tenant was a bad risk that would be fine because she would have been given a
choice. She has had renters not pay rent and tear up her house, and she takes them to Court.
When she discovered there was a delinquent water bill and called to have the water shut off, she
was told she cannot do that. She is forced to pay a bill that she did not co-sign because the tenant
is living in Xenia. She thought it was admirable for Council to consider amending the
Ordinance. She had a two-month water bill for $500 for two people. She did not think she owed
strangers $500 for a two-month water bill, plus three months lost rent, court costs, and
maintenance. She agreed with everyone here tonight and was thrilled to be able to speak. She
realized everyone, including the City, has a hard time in this economy, but what would they do if
there were no landlords in Xenia. She keeps her properties well maintained and has always said
she does not want her properties to look like rentals. She also has a problem with her Orange
Street property, which she will discuss with Council later. (Applause followed.)
Norton Doran, 1033 Morningside Drive, asked Council to support Councilman Louderback on
this issue. He is a Xenia landlord and knows many people in the audience. They all have a
similar grievance with the ordinance, and he would like to discuss getting relief from continuous
water bills at vacant properties. He has a few vacant properties for which he continues to receive
water bills. The water and heat has been shut-off and the pipes drained, but he is still paying for
trash, sewage, and water that he is not using. He thanked Councilwoman Felton for her service
and congratulated President Propes and Vice President Miller.
Judy Martin, 1393 Feldman Drive, Dayton, said she agreed with everything everyone has said.
She has a water bill due Monday. If she does not pay the bill, the city will shut off the water in a
house that she is currently cleaning and repairing. What is sickening is that once she pays the
water bill on Monday, the previous tenant can go in on Tuesday and get water, which is not right.
She keeps hearing on the media and on the street that greed will be the downfall of our country.
It is not … it is responsibility. They no longer require people to be responsible for their actions.
Ruth Caudill, 1300 E. Spring Valley Paintersville Road, said she is a landlord. She thanked
Council for doing the best they can to resolve these issues for all of them. She has been told that
paying someone else’s water bill is the cost of doing business. She shared 72 pictures of how
tenants destroyed her property on Roxbury Drive and who did not have water for two weeks.
When she called the Water Department on a daily basis, she was told that the tenants had never
called in to make arrangements and that nothing could be done. She is looking at several
thousands of dollars in damages. She will eventually be awarded the money through the Court
system (which she will not get), and she will incur additional costs and fees. The people who
receive the services should be liable for paying them. She noted 35% of Xenia homes are rental
properties. Obviously, landlords are supporting Xenia, Ohio. Council stated they are
representing everyone in Xenia. They need to take a long, hard look at folks who do not own
other properties and foreclosed properties that will become rentals. They hear other communities
are doing the same thing; they leave the responsibility of paying the water bill with property
owners. Why can’t Xenia step up to the plate and be a leader? Let’s give investors a reason why
they should be buying homes in Xenia, Ohio. Investors will be able to purchase properties at a
low price. They will have empty homes for which the city will receive no property taxes and the
homes will incur more damages and break-ins. They will have slum homes, which they try to
avoid. They are asking that Council take a close look at the ordinance and consider what the
property owners are saying. Council members are elected to these positions and there should not
be any animosity among each other. Let’s all work together to make Xenia a great place to live.
She would love to be a part of that. (Applause followed.)
Jonathan Geist, 1530 Union Road, Xenia Township, thanked Councilman Louderback for his
efforts on this issue. He attended the last Council meeting, and a few times he heard that the
City does not go after the tenants [for delinquent water bills] because ‘the landlords are
responsible’. Councilman Louderback brought up the collections issue and he heard staff say
they would not send delinquent water bills to collections to go after the tenant because the
landlord is responsible. After property owners hear that a few times, it sounds like the City does
not care if tenants pay their bill because they have landlords “over a barrel.”
President Propes said the comments made at the last Council meeting referred to the way the
ordinance is currently written, which ultimately holds landlords responsible [for delinquent water
bills]. If they do not follow the current ordinance, they would making up laws as they go along,
which they cannot do. They are having a work session to discuss these issues and to try to
improve the ordinance so it is fair and equitable for everyone involved.
Mr. Geist said he understood what President Propes said and he appreciated his comments;
however, the city is in the business of providing a service to someone. From the viewpoint of the
landlords, it appears the city is not making much effort to collect from the user of those services,
which is a big concern to them. Some of his tenants had $600 to $900+ water bills after he
disallowed extensions on his properties in writing. Six months passed before he heard the water
bill was in excess of $500 to $700. The husband will put the water bill in his name and not pay
the bill. They are then evicted for not paying rent, so they move, and put the water bill in the
wife’s name. The landlord at the previous location pays the water bill that is in the husband’s
name and the tenant continues the cycle at another location. As far as the city is concerned, the
tenant’s debt has been paid. He asked Council to consider the other side. Suppose every time
the tenant skipped out on three or four months’ rent, landlords billed the city. That sounds
ridiculous. If the city does not pay, landlords would raise the rent on all the tenants in town even
if those tenants were not delinquent on their bills. It is ridiculous, but that is what the city does
to property owners.
President Propes thanked the audience for their participation. Council will now discuss snow
removal. He invited the audience to stay, but requested a short break to allow the audience to
disperse.
Councilman Louderback asked to discuss items from the City Manager and Mayor that were not
addressed at the last Council meeting. He asked if he could proceed with those items and then
Council could proceed with the special presentation on snow removal. President Propes agreed
to allow Councilman Louderback to state his concerns.
Councilman Louderback said he would not be satisfied until the ordinance is amended or
repealed so it does not make the landlord responsible for the final water bill (audience
applauded). Staff wanted Council to vote on the changes at the last meeting, but failed to notify
Council of a notice that was posted at the Water Department. He was sure no one from Council
had seen the notice. Councilwoman Felton said she saw the notice when she paid her water bill.
His point was that no one contacted Council about these changes. The changes in the ordinance
and the notice are completely opposite. For example, the Water Department notice states, “In
order to obtain utility service with the City of Xenia, you must present a photo ID and provide
your Social Security or Federal ID number.” All that is good because the Water Department
never did that before. For some strange reason, the changes Council was to vote on are not in the
notice. He would like someone to explain to him why.
Vice President Miller said the reason was because Council had not voted on the changes.
Councilman Louderback said if the motion had not been tabled, Council would have voted on the
changes. Councilwoman Felton stated Councilman Caupp asked for the motion to be tabled
because he had a number of questions and requested a work session. Councilman Louderback
said he also had questions. He asked why something this important was hidden from everybody.
He again asked if anyone, including staff, had an answer.
President Propes said it appears to be a policy issue with staff and not an ordinance change;
Council is working on an ordinance change. Councilman Louderback understood that but
Council was supposed to discuss the application for new service and thought the Water
Department notice should have been included.
Mr. Bazelak asked if President Propes would like him to respond now or at the work session.
President Propes suggested Mr. Bazelak hold his response until the work session. It will do no
good to argue over something that will be discussed at a work session in a few weeks.
Councilman Louderback said he understood, but to him, this is irresponsible and hiding
something that was slipped by Council. He again invited audience members to attend the work
session.
Councilman Louderback said he was asked by a staff member who called all the landlords and
invited them to attend the meeting. He told them he had done that. The staff member stated that
he did not appreciate that. He responded that he did not care what he appreciated; he was going
to represent the people because he was elected and not appointed. This is a free country and he
will represent the people.
President Propes stated Councilman Louderback was out of order. He requested that Council
take a short recess at 7:40 p.m. Council reconvened at 7:50 p.m. with the same members present.
SPECIAL PRESENTATION: Xenia Winter Storm Battle Plan. Mr. Quinlan used a Power
Point presentation to discuss this item.
Troops and Their Machines:
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Currently, they have two (2) tandem axle trucks that carry 13 tons of salt each;
Six (6) single axle trucks that carry 6.5 tons of salt each;
Six (6) one-ton trucks that carry 2 to 3 tons of salt each;
Two (2) pick-up trucks with plows only; and
One (1) flat bed truck with a 1,900 gallon brine tank. They began using brine a few years ago
that was provided from the State, but they now make their own. Brine is helpful for pre-treating
roads before a snow event.
Ammunition: Salt, salt brine, calcium chloride, beet juice, and sand.
Rock salt: They use Louisiana mined rock salt. One of the largest deposits of salt in our region is in
Cleveland, yet they still get salt from Louisiana. He did not know why.
Brine:
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Application – Brine is applied before the storm event.
Storage – They have the ability to store 3,000 gallons of brine at the Public Service Center and
can make their own brine.
Wetting systems: They have the ability to mix calcium chloride and beet juice with salt and to apply it
before it hits the pavement. These chemicals do a number of things. Wetting the solution before it is
applied to streets prevents salt from bouncing off the road, which saves 30% of the salt.
Liquid Calcium Chloride:
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3,000 gallon tank at Service Center.
Pros - Speeds up rock salt; cheap ($.99/gallon).
Cons - Very corrosive to their trucks. They stopped using it a few years ago because of the huge
increase in brake line repairs on city trucks. It is also very corrosive to all vehicles on the road.
Geomelt/Ice Bite “Beet Juice”
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Pros – Fast; works to -25F; prevents bonding to road surfaces; reduces salt usage by 30%.
Cons – Cost ($3.49/gallon).
Due to the cost, they went back to using calcium chloride. They still have 3,000 gallons of
Geomelt/Ice Bite, which will be used when temperatures drop and there is a large snow fall.
Sand Grit:
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Pros – Cheap; saves salt. They are currently mixing 50% sand and 50% salt, which they can raise
to 2/3 sand/1/3 salt if necessary to provide traction. Adding chemicals to salt helps melt snow.
Beet juice does not react without salt. Adding calcium chloride to sand helps melt the snow.
Cons – Dirty roads.
Salt Shortage: Xenia did receive a salt bid. Cargill was awarded a contract for the purchase of 3,000
tons of salt at $68.68/ton for the 2008-2009 season, which used to cost $49/ton. Cargill is telling us that
they will NOT have any additional salt above the 3,000 tons available to us for this winter season, which
is why all communities are also using the salt/sand mixture. We will have to make do with what we have.
Rules of Engagement:
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Salt pricing and availability will be the keys for road conditions during this winter storm season.
We can’t afford to use salt as we have in the past.
Primary streets must be kept open, along with routes to and from key facilities.
We will be using less salt and more additives.
No salt will be put down without sand.
Storm Event Cycle:
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Forecast – Which one do they believe?
Preparation – If a large storm event is forecast, staff is split into shifts.
Sleep – Staff on the night shift are sent home to sleep and staff will be put on a 12-hour rotation.
Plow/salt roads.
Cleanup – going into plats to push back the snow following the storm event and removing snow
from the downtown area.
Preparation: Weather reports and storm history are key components. Each winter storm is unique in
character. Variables, such as storm duration and intensity, wind, air and pavement temperature, and
moisture content, all play a part in what steps they take. If the pavement temperature is close to 30
degrees, it makes a difference in what solution is applied.
Routes:
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We have two systems in place – a 4-route system and a 5-route system, where the City is divided
into 4 or 5 sections.
Each section has Primary, Secondary, and Residential Streets. Primary sections are hit first in
order to keep highways open and to enable drivers to get to key facilities.
We can have multiple pieces of equipment in any given section as needed.
Salt or Plow & Salt or What? During a storm event, the supervisor on duty is constantly reevaluating. Plow, salt, chemicals … which one? … more trucks? … sit and wait? What are other
agencies doing? Which weatherman do you believe? Decision making is an on-going process.
Expectations: WANT vs. ABILITY
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Citizens want safe, dry roads.
Today’s lifestyle demands reliable transportation because many more cars are on the road today.
Costs have skyrocketed.
Salt storage = rationing = less than perfect roads.
The Public Service Maintenance Department strives to maintain adequate traction levels.
“Adequate traction” does not mean dry, bare pavement that is totally free from any snow and ice
during or after a snowfall. They ask all drivers to slow down.
As weather conditions change, so will road surfaces, which requires all of us to adjust how we
drive. The salt shortage is generating what staff is doing this year. They ask everyone to please
be patient so they can all get through the snow event safely.
President Propes entertained questions.
Councilman Caupp asked if the city purchased 3,000 or 4,000 tons of salt. Mr. Quinlan said the
bid was awarded for 3,000 tons. Councilman Caupp asked if the city sold 1,000 tons of salt.
Mr. Quinlan said they have not yet sold the 1,000 tons. Mr. Percival explained that they
budgeted for 2,000 tons, and they have the ability to sell 1,000 tons in order to reduce costs. At
this point, the other community has not requested the 1,000 tons of salt. Mr. Quinlan said they
have only used 15% of the 2,000 tons of salt allotted. They generally use between 3,000 to 5,000
tons of salt yearly, but by adding sand to the salt doubles that amount. They can reduce the
amount of sand used; obviously, they want to melt the snow.
Councilman Caupp said his road looked like a dirt road due to the amount of sand used. He
wondered what the additional expense in street sweeping would be for removing the sand in the
spring. The city purchased salt at $68.68/ton, which is pretty cheap compared to other
communities. Mr. Quinlan agreed. No matter what they do, they will be “robbing Peter to pay
Paul.” Councilman Caupp said he was not a big fan of the sand. It causes additional cleanup
work for staff in the spring and it is hard on equipment and everyone’s vehicles. Mr. Quinlan
said the alternative would be to use calcium chloride, which is more corrosive to vehicles. Sand
provides traction. If they stop using the sand/salt mixture, and have four to six major snow
storms, they will run out of salt. Their average use is 3,000 tons of salt on easy winters but have
used 6,000 tons during hard winters. They are trying to ration the salt now. If they are lucky,
they will have 2,000 tons of salt left. If it is a bad winter, and they are wise, they will have
enough salt to last the winter.
Councilman Caupp asked how many gallons of calcium chloride are used for an average 3” to 4”
snow fall. Mr. Quinlan said every event is different. One ton of salt take 10 gallons of calcium
chloride or beet juice. They have cut back to 6 gallons a ton, but it is not as effective.
Councilman Caupp asked how much salt could be stored. Mr. Quinlan said they have the ability
to store 1,000 tons of salt under cover. Councilman Caupp asked if they have to sell the 1,000
tons of salt to the other community. Mr. Percival said the city would have to sell some but not
all of the 1,000 tons. Based on the amount budgeted at $68.68/ton, they felt 2,000 tons was a
good number if it was mixed with sand, etc. He agreed with Councilman Caupp on the sand;
some areas in town are really bad.
Mr. Quinlan said the street sweeper operators also hate the sand. It is hard on the equipment. In
the 2009 budget, they asked for money to refurbish one street sweeper because the hopper has
gone through so many sandblasting seasons. The street sweeper is designed to pick up sand, grit,
cans, and whatever else is in the streets. He understood and agreed with Councilman Caupp’s
concerns; however, currently he felt it was wise to stretch out the salt as much as possible.
Councilman Caupp said they discussed not plowing streets after a 1” or 2” snowfall.
Mr. Quinlan said staff recently dropped plows on drifts last night, but unless there is ice in the
plats, those roads are not treated. Mr. Percival noted pre-treating the streets in the city this week
was effective. On Tuesday morning, city streets were wet, but county roads were ice covered.
Mr. Quinlan said to make 1,000 gallons of brine, it takes 2,900 pounds of salt to go to the
saturation point. They do not usually reach the saturation point on the brine. Mr. Percival said
pre-treating with brine on roads and streets with ice at 30 degrees is effective. Mr. Quinlan
agreed pre-treating roads was effective.
Councilwoman Mills asked if brine was a better solution to use than sand during ice storms.
Mr. Quinlan said when they pre-treat streets with brine, it dries as small white lines on the road.
When ice freezes on the road, the white lines do not freeze. As cars drive on those lines, they
actually spread out the salt. They do not have the ability to pre-treat every street in town, which
is why they apply the sand/salt mixture as quickly as possible in an ice storm to increase traction.
Councilwoman Mills clarified sand was used during ice storms versus snow storms. Mr. Quinlan
said salt is mixed with sand in order to melt the ice.
REPORTS OF COMMITTEES:
Traffic Commission: Councilman Caupp said XTC met on January 5th and will
recommend the following to Council:
 Moving a street light closer to the intersection of Hill/Columbus Streets to better
illuminate the area at a cost of less than $90.
 Installing stop bars with 25’ of double yellow center lines at the intersections of
Purcell Drive/Hollywood Boulevard and Alameda/Purcell Drives.
 XTC also discussed a few new community developments.
Greene County Regional Planning Commission: Councilman Caupp said the
December meeting was cancelled due to lack of agenda items. He noted there was only one
meeting in 2008.
Board of Zoning Appeals: Mayor Pennewitt said the December meeting was cancelled
due to lack of agenda items. Hopefully, BZA will have a meeting on January 26th. There is a
vacancy on BZA. If anyone is interested, please contact the City Clerk’s office. This is an
extremely important quasi-legal Board and their decisions are final. If there is a disagreement
with a BZA decision, the applicant must hire a lawyer and proceed through the Court system.
ITEMS FROM CITY COUNCIL AND MAYOR: None.
OLD BUSINESS: None.
REPORTS OF CITY OFFICES:
City Manager’s Office:
Police Division Property Storage Building Change Orders. Mr. Percival respectfully
requested Council entertain two motions:
Motion 1. Approve the change orders for the Towler Road Property & Storage project and authorize an
additional payment of $3,183.60.
Motion 2. Approve change orders for the Ford Road Range Training Facility project and to pay
additional fees not to exceed $4,000 in addition to the original $7,000 authorized for this project.
Mr. Percival noted the City entered into an agreement with Stephen Miller of Jamestown to
provide architectural drawings for two projects; however, several changes were made that
required additional architectural services. He invited Chief Person to further explain the
changes.
Chief Person stated the project went out for bid in 2007; the bids received were quite a bit higher than
anticipated. The price was predicated on the former City Engineer, Jim Jones, acting as the general
contractor to complete these projects. When Mr. Jones resigned, a decision was made to take these
projects back out to bid. Staff notified the architect that they would need a more detailed set of
plans for bidding based on that need. They decided to rebid the project as a full bid package since
there was additional money in the Law Enforcement Fund [from drug seizures]. The change
orders cover the additional charges incurred for the architectural drawings. Staff anticipates that
there will be similar additional costs associated with the second project (which should be
completed within the next four weeks). Staff requests authorization to expend up to $4,000 in
addition to the original $7,000 for the project; the total will not exceed $11,000.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to approve the change orders
for the Towler Road Property & Storage project and authorize an additional payment of
$3,183.60. Discussion followed.
Councilwoman Felton noted this project began two years ago. She asked if the architect adjusted
his charges since the plans were not presented within a reasonable time. Chief Person said he
discussed that with Mr. Lewis. He felt since many of the changes were made by staff, it was
probably fruitless to pursue an adjustment. Councilwoman Felton noted the city is paying for its
changes. Chief Person agreed; however, the project is still costing the city 50% less than if it
were done through normal channels. Councilwoman Felton said she hopes the city does not hire
this architect again and has a better contractor for future projects. She talked with Chief Person
this summer. They agreed that the architect did not do his job even before they changed City
Engineers. Chief Person agreed. He did not intend on moving forward with the second project
with this architect, but discovered that he was more than 75% done; therefore, it did not make
sense to change architects.
Councilman Louderback noted $26,000 was budgeted. He asked where there was a 50%
reduction. Mr. Lewis said the architect’s original bid was 50% lower than the next lowest bid.
Councilwoman Mills clarified the additional money needed for the project would come from
drug seizure money. Chief Person stated the money is coming from the Law Enforcement
Seizure Fund, not from the General Fund.
The Roll on this was the following:
Ayes: Miller, Caupp, Mills, Felton, Pennewitt, and Propes
Nays: Louderback
motion carried.
Motion by Councilman Caupp, seconded by Vice President Miller, to approve change orders for
the Ford Road Range Training Facility project and to pay additional fees not to exceed $4,000.00
in addition to the original $7,000.00 authorized for this project. No discussion followed. The
Roll on this was the following:
Nays: Louderback
motion carried.
Items for the City Manager: None.
Finance Director’s Office:
Schedule of Bills: Mr. Bazelak presented payment of bills totaling $30,860.15.
Motion by Councilwoman Felton, seconded by Councilwoman Mills, to approve payment of
bills totaling $30,860.15. Brief comment followed. Councilman Louderback noted Xenia
Municipal Court spent $1,181.96 for office supplies at Staples. He would like that money,
business, and tax money to stay in Xenia. He could not understand why staff continues to go to
Staples when we have local businesses. The Roll on this was the following:
Nays: Louderback
motion carried.
Items for the Finance Director: None.
Law Director’s Office:
Introduction of Ordinances and Resolutions: None.
Second Readings of Ordinances and Resolutions:
Mr. Lewis presented an
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITHOUT FORMAL COMPETITIVE BIDDING WITH SCHONHARDT & ASSOCIATES
FOR ASSISTANCE IN PREPARING THE 2008 COMPREHENSIVE ANNUAL FINANCIAL
REPORT (CAFR), and it was read for a second time.
Motion by Councilwoman Felton, seconded by Vice President Miller, that Ordinance Number
09-01 be now passed. No discussion followed. The Roll on this was the following:
Nays: Louderback
motion carried.
Mr. Lewis presented a RESOLUTION AUTHORIZING THE ADVANCE PAYMENT OF
TAXES FROM THE FEBRUARY AND AUGUST SETTLEMENTS FROM THE GREENE
COUNTY AUDITOR FOR THE CALENDAR YEAR 2009, and it was read for a second time.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 09-A
be now passed. No discussion followed. The Roll on this was the following:
Ayes: Miller, Caupp, Louderback, Mills, Felton, Pennewitt, and Propes
Nays: None
motion carried.
Items for the Law Director: None.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback
encouraged everyone to attend the Xenia High School girls’ basketball games. Their record is
11-0. He wished more people would support the girl’s team because they are a pleasure to
watch. It would surprise him if they do not go far in state tournaments. He encouraged everyone
to attend all the athletic events, but especially the XHS girls’ basketball games. He welcomed
three new businesses to town: WW Drycleaners on W. Main Street (next to the Donnatelli Law
Office); Eden World, W. Main Street, which is a very unique business that sells heaters; and
Instant Tax Service on S. Detroit Street (between Frye Insurance and Trent Licklider, CPA). A
new business called Biscuit World is coming to town and will be located at 810 W. Second
Street (former location of Capitol Dry Cleaners).
Councilman Caupp, Vice President Miller, and Councilwoman Felton had nothing further to
share.
Councilwoman Mills warned everyone to drive carefully in the snow and ice that is predicted to
arrive this weekend.
Mayor Pennewitt gave the following Mayor’s Report:
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11/30/08 - Attended the Community Service with Coast Giveaway and Thanksgiving Dinner at
the Xenia Christian Center, 282 Stelton Road. It was a very touching service. After the service,
they distributed coats and clothes to those in need. Many thanks to Pastors Wesley and Nancy
Miller who are responsible for those activities and to those in attendance who warmly welcomed
her and her husband.
12/02/08 - Attended an XEGC meeting.
12/04/08 - Ribbon cutting at Snap Fitness, 40 S. Progress Drive. The facility, which is open 24/7,
has new equipment, TV’s, and a tanning booth.
12/04/08 - Attended a Mural Society meeting at the Chamber of Commerce.
12/07/08 - Attended the 25th Annual Senior Christmas dinner at the Moose Lodge on Cincinnati
Avenue. Local contributors distributed gifts to the 200 attendees and music was provided. It was
a great event.
12/07/08 - Attended the Holiday Reception at the Wright-Patt Club that was hosted by the Air
Force Material Commander and his wife.
12/08/08 - Attended the ribbon cutting at Hillside Dental Practice located at 157 S. Progress
Drive. It is a beautiful facility. They have massage chairs to help patients relax during treatment.
Dr. Jody Ames and Dr. Theresa McKinney invite you to their new facility.
12/08/08 - Attended the DARE graduation at Spring Hill Elementary School. The five graduates
were from Spring Hill, Tecumseh, Shawnee, Arrowood Elementary Schools, and Summit
Academy.
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12/10/08 - Attended a Christmas program at Simon Kenton Elementary. The music was beautiful
and the gym was packed! If the attendance at the event continues to increase, it should be moved
to a larger facility.
12/11/08 - Attended the Friends of Wilberforce University Breakfast held at the Cox Ohio
Publishing Media Center in Dayton.
12/11/08 - Toured Victoria’s Bed & Breakfast at 235 E. Second Street. Christmas decorations
were beautifully displayed throughout the house. This Victorian house can be rented for special
occasions.
12/11/08 - Attended the City of Xenia Annual Christmas Tree Lighting at Shawnee Park.
12/12/08 - Attended the Annual Austria Christmas party at St. Brigid Church.
12/23/08 - Attended the Christmas dinner at the City of Xenia Service Center.
She attended 30 activities in December and attends between 27 and 30 activities each month.
They are getting the word out about how busy Xenia is and about how many good organizations
are active in Xenia. They need to be proud of the City of Xenia.
President Propes thanked members of Council for allowing him the privilege of serving as
President in 2009. He hopes he will do an excellent job and does not disappoint anyone. He also
thanked audience members for attending the meeting. If they do not voice their opinion, Council
will not know what they are thinking. Council appreciates their attendance and will be taking
their concerns into consideration. Every Council member has everyone’s best interest at heart
and wants to work together to move the city forward.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilwoman Felton, to
adjourn the Regular Session at 8:30 p.m. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Michelle D. Johnson, Clerk
Xenia City Council
Dennis R. Propes, President
Xenia City Council
January 22, 2009
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on January 22, 2009, at 6:00 p.m., in the
First Floor Conference Room, City Hall, with the following members present: William R.
Miller, John Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, and Phyllis A. Pennewitt.
Dennis R. Propes was absent.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to meet in Executive Session to
Ayes: Caupp, Louderback, Mills, Felton, Pennewitt, and Miller
Nays: None
motion carried.
Regular Session
7:00 p.m.
Session in the City Council Chambers, City Hall, with the following members present: William
R. Miller, John Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, and Phyllis A.
Pennewitt.
INVOCATION: Janice Ernst, The Open Door Christian Prayer Place, gave the invocation after
which all joined in the Pledge of Allegiance.
Motion by Councilwoman Felton, seconded by Councilwoman Mills, to excuse President Propes
from the meeting due to illness. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilwoman
Felton, to approve the December 30, 2008, Special Session minutes as written. No discussion
followed. The Roll on this was the following:
Ayes:
Nays:
Caupp, Louderback, Mills, Felton, Pennewitt, and Miller
None
motion carried.
Councilwoman Felton thought Mayor Pennewitt should have abstained from voting on approval
of the December 30, 2008, Special Session minutes. Mayor Pennewitt responded that she
attended the Special Session, but due to illness, was unable to attend the December 30, 2008,
Regular Session. Councilwoman Felton apologized.
XCC Regular Session Meeting Minutes, 01-22-09, Page 2
Motion by Councilman Louderback, seconded by Councilman Caupp, to approve the
December 30, 2008, Regular Session minutes as written. No discussion followed. The Roll on
this was the following:
Ayes: Caupp, Louderback, Mills, Felton, and Miller
Abstain: Pennewitt
Nays: None
motion carried.
Motion by Councilman Caupp, seconded by Councilwoman Mills, to approve the January 8,
2009, Executive and Regular Session minutes as written. No discussion followed. The Roll on
Ayes:
Nays:
None
motion carried.
AUDIENCE COMMENTS: Vice President Miller explained the procedures for audience
comments and invited anyone who wished to speak to come forward. No one came forward to
speak. He then asked if there was a Boy Scout in the audience who was working on a civic duty
badge. Two young men responded they were. Vice President Miller invited them to introduce
themselves.
Matthew and Brandon Edge, Cornstalk Road, Waynesville, said they were members of the St.
Brigid’s Boy Scouts Troop; however, since they just moved they did not know the troop number.
Councilwoman Mills noted St. Brigid’s Boy Scout Troop was No. 140. Council welcomed them
to the meeting.
BOARD AND COMMISSION ASSIGNMENTS FOR 2009. Vice President Miller noted
Council received a Memorandum from President Propes regarding the Board and Commission
assignments for 2009. Unless Council disagreed with the assignments, he entertained a motion
to approve President Propes’ recommendations.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, to approve the Board and
Commission assignments for 2009 as recommended by President Propes. No discussion
Nays: None
motion carried.
Vice President Miller said if any member of Council had any problems with their assignments or
could not attend a meeting, he volunteered to take whatever he could off their hands.
Due to the illness of President Propes, Vice President Miller stated reports for the Planning &
Zoning Commission and the Miami Valley Regional Planning Commission would be
removed from the agenda.
Mayors & Managers: Mayor Pennewitt said due to bad weather, she did not attend the
meeting.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said BRACA
met on January 13th and discussed the following:
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Christmas Event at Shawnee Park: The Board discussed how the event went and how it could be
improved. They are looking forward to the 2009 Christmas Event.
Easter egg hunt will be held at Shawnee Park, Saturday, April 4th at 2 p.m.
Volunteer Day will be held Saturday, May 2nd from 9 a.m. until 1 p.m.
Basketball/Cheerleading 2008/2009 Season: The first games were cancelled due to the weather
forecast. Games were to begin Saturday, January 17th.
Yoga classes are held each Monday at Xenia Station from 6:30 to 8 p.m. from October through
June. If anyone is interested, please call Michelle Fisher, Director of Xenia Parks and Recreation.
Councilman Caupp referenced the BRACA minutes of October 14, 2008, and November 18,
2008, regarding Spring Hill Park. Page 7 of the October 14th minutes state, “Ms. Stafford felt the
only appropriate way to formally change the Master Plan would be to hold another series of
public forums to allow residents to express their concerns and vote on the changes. It seems
inappropriate for residents to informally respond now after a formal process was held.”
Ms. Stafford was referring to residents who were upset about the placement of the basketball
court at Spring Hill Park. Several meetings were held about that park and residents were given
an opportunity to express their wishes and desires; however, some residents came forward after
the fact. Further down on page 7, it states, “Ms. Creviston felt residents just had questions about
the Master Plan. Councilwoman Mills agreed residents were unsure about the plan and have
not agreed jointly on their concerns.” At the bottom of page 7, it states, “Ms. Fisher [Parks and
Recreation Department Director] said she felt the basketball court was in a good location
[referring to the Master Plan]. Councilwoman Mills said she liked the advice of the Police
Division regarding safety issues at Spring Hill Park.” [Again, according to the Master Plan].
[Under “Parks and Recreation Update” presented by Ms. Fisher] page 4 of the November 18th
minutes state, “The basketball court at Spring Hill Park will remain at its current location in the
rear of the park. Several residents objected to the consultant’s recommendation of moving it to
the front of the park and contacted Council members.” Councilman Caupp stated no one ever
contacted him. [“Once the parking lot and playground equipment was installed and trees were
realigned] the former City Engineer, Mr. Jones, suggested moving the basketball court back a
bit, but they realized it would infringe upon the open field space. At that point, Mr. Quinlan
decided to keep the basketball court where it is currently located, which also appeased the
homeowners.”
Councilman Caupp said as a Council member, he is an elected official as is everyone else sitting
at the Council table. It is up to them to decide how they are going to shape the community for
the future. Part of that is planning for our local parks and recreation. Council members attended
several meetings about Spring Hill Park and money was spent for a consultant to develop a
Master Plan for that park. This Council voted on the Master Plan for Spring Hill Park. He had a
serious concern (according to the BRACA minutes) that the Public Service Supervisor has the
ability to change the location Council agreed upon for the basketball court, which is basically
what the minutes state. It is not the Public Service Supervisor’s job to appease the homeowners
– it is Council’s job to appease the homeowners. If the Public Service Supervisor wants to
change the location of that basketball court, he needs to come back to Council, not just arbitrarily
change it. As far as he is concerned, Spring Hill Park needs to proceed according to the Master
Plan presented and approved by Council. He was at Spring Hill Park yesterday. Although it was
snow covered, he wanted to see the current location of the basketball court. He understood
residents had concerns about the basketball court being located at the front of the park close to
the road. The basketball court at Franklin Park on Dayton Avenue is located close to the road
and that never seems to be a problem. The Police Division agreed with locating the basketball
court in the front area of the Spring Hill Park, which removes the visibility concern and should
discourage unfavorable activities. He would like some follow-up from the City Manager to
ensure (1) that the Public Service Supervisor is not changing the Master Plan; (2) that the Master
Plan for Spring Hill Park approved by Council will be followed.
Mr. Percival said he met with five female residents, between the ages of 70 and 80, to meet their
needs. They were concerned that the basketball court was too close to their houses. One
discussion was to move the basketball court back a bit and closer to the soccer goal. He did not
think anything has been installed yet; the old basketball court is still there. They tried to work
with those residents to meet their needs and the needs of people using the park. The walking
path and a portion of the path leading to the water tower have been installed. Further discussion
and review [on the Spring Hill Park Master Plan] can be brought before Council.
Councilman Caupp reiterated that Council already went through the process for Spring Hill Park.
He attended two formal meetings with residents. A considerable amount of money was spent for
consultants to develop a Master Plan. Council voted on the Master Plan and those are the plans
that should move forward. If plans are going to be changed, they need to come back before
Council for their approval. If city staff can just change the plans without consulting Council,
why does Council even vote on them?
Vice President Miller asked Councilman Caupp to confirm the dates of the BRACA minutes he
referenced. Councilman Caupp said he referenced the minutes of October 14, 2008, page 7 and
November 18, 2008, page 4. Vice President Miller asked Mr. Percival to review the minutes and
the Master Plan for Spring Hill Park.
Councilman Louderback said he was also involved. He received several calls from neighbors.
Those residents did not attend the meetings due to their age (75+) and disabilities. A few of the
neighbors, whose homes face Spring Hill Park, have lived there for over 50 years. He and
Mr. Percival met to try to come up with a simple resolution to accommodate those two residents,
which was to move the basketball court back a few yards. They were not trying to supersede the
Master Plan. He did not feel moving the basketball court back 10 or 15 feet needed to come
back to Council. For the record, he was involved in the recommendation.
Councilman Caupp noted the BRACA minutes indicate that the basketball court is not being
moved back 10 or 15 feet but it will be constructed in the rear of the park, which considerably
changes the Master Plan. The Police Division had considerable issues with the basketball court
being installed in the back area at Spring Hill Park. Councilman Louderback stated the
basketball court was being moved from the back of Spring Hill Park to the front of the park, but
a few yards back from the location recommended on the Master Plan. The residents asked that
the court in the front of the park be moved back a few yards and that trees for shelter are also
installed. Councilman Caupp said he understood Councilman Louderback’s logic; however,
Mr. Quinlan decided to keep the basketball court in its current location, which is at the back of
the park. Mr. Percival said he needed to review the BRACA minutes regarding Jim Jones’
comments. Councilman Caupp said he did not like the fact that things were being changed
without being brought before Council. That is not the procedure.
Vice President Miller asked if there was a fee for Yoga classes. Councilwoman Mills believed
there was a fee. From the audience, Ms. Fisher said the costs are $6/per session or $20/monthly.
OLD BUSINESS: Councilman Caupp believed they needed to retable the motion to pass an
Emergency Ordinance amending XCO Chapters 1040 and 298 to decrease the monthly penalty
amount and amend the Utility Billing Rules and Regulations since it will not be addressed within
30 days and will be addressed at the Saturday, January 24th work session. If he correctly
understood the Law Director, Council needs to make a motion to retable the motion so they can
proceed forward with it at the Saturday work session. Mr. Lewis said Council can choose to
retable the motion this evening, which is his recommendation, in case the ordinance is not
discussed Saturday. Council also has the ability to vote on the ordinance on Saturday if desired.
Motion by Councilman Caupp, seconded by Councilman Louderback, to retable the motion to
pass an Emergency Ordinance amending XCO Chapters 1040 and 298 to decrease the monthly
penalty amount and amend the Utility Billing Rules and Regulations. No discussion followed.
Ayes: Caupp, Louderback, Mills, Pennewitt, and Miller
Nays: Felton
motion carried.
Emergency Ordinance to appropriate funds for Purchase and Installation of New
Power Supply for City Hall. Mr. Percival said the UPS (Uninterruptible Power Supply) for the
City Building needs to be replaced as quickly as possible for the following reasons:
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The current unit is over 20 years old; the anticipated life is 7 to 10 years.
Most parts for the current unit are no longer available.
The current unit recently suffered a major failure. This failure left us without a backup system for
over 48 hours. To repair our unit, the Liebert Engineers had to salvage parts from an old unit that
they knew was at Mercy Hospital in Springfield.
This unit provides power conditioning and battery backup for numerous critical systems
throughout City Hall. These include the Communications Center, 911 System, E-mail and
Blackberry Servers and most other computer servers. Therefore, the unit is considered Critical
Infrastructure.
If the unit fails again, we could lose our entire Communications Center and most of our IT
infrastructure.
This item was included in the 2009 budget requests, but due to the threat of a critical failure, staff
feels the project must be expedited. Timing is critical in getting this vital piece of equipment
replaced. Mr. Percival respectfully requested that Council entertain two motions:
Motion 1 - Waive the second reading of an Ordinance at two consecutive meetings and approve as an
emergency an Ordinance to transfer $46,230.00 from 361-1009-54257-Operating into 361-1009-55252Capital and appropriate $7,500.00 into account 363-1009-55252-Capital for the purchase and installation
of an uninterruptible power supply for City Hall.
Motion 2 - Waive the second reading of an Ordinance at two consecutive meetings and approve as an
emergency an Ordinance to waive competitive bidding for the purchase and installation of an
uninterruptible power supply from Uptime Solutions Associates, Inc. and approve a purchase order in an
amount not to exceed $75,050.00 with funds of $46,230.00 from account 361-1009-55252, $21,320.00
from account 361-1009-53793 and $7,500.00 from 363-1009-55252.
Mayor Pennewitt presented an ORDINANCE AMENDING ORDINANCE 08-85 TO MAKE
ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE CITY
OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009, AND
DECLARING AN EMERGENCY.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, that the rules requiring the
reading of an ordinance at two consecutive meetings be dispensed with and this ordinance be
placed at once upon its passage. Discussion followed.
Vice President Miller asked how long it would take to install the unit. Mr. Percival said they
hope to have this unit installed prior to the new Dispatch Center coming on-line. He estimated
the unit would be installed by the end of March. Mr. Merriman said it is estimated it will take a
minimum of 4 to 6 weeks to get the unit installed once the purchase order is in place. They will
need to coordinate installation with the Dispatch Center because there will be a building light
outage when they switch the power over. The switch will be done on a Sunday to minimize any
disruptions to the 911 System and Dispatch. Vice President Miller asked if the old system would
be used as a back-up. Mr. Merriman said they discussed different options. At this point, they
plan to keep the old system in place as another back-up system. The new UPS is a smaller unit
in size, but it is a better system.
Mayor Pennewitt asked how long the warranty was extended from the purchase date.
Mr. Merriman said the purchase of an additional four (4) years of warranty coverage will give
the City the benefit of five (5) years of warranty and maintenance service (the first year is
included with the purchase of the unit). The warranty must be purchased at the time of
installation to lock in the lowest price.
Councilwoman Felton thought this item was included in the 2008 budget. Mr. Percival said it
was. If it is such an emergency, Councilwoman Felton asked why this unit was not purchased in
2008, when they knew they were going to do the Countywide Dispatch Center. Why is staff now
asking for emergency passage? Mr. Merriman said they were trying to extend the life of the unit
as much as possible and wanted to exhaust all repair options. Councilwoman Felton noted
Council approved the money in the 2008 budget. Mr. Merriman said the unit was reauthorized in
the 2009 budget. The reason staff is now presenting it is because the 2009 budget has not yet
been finalized. Councilwoman Felton agreed the unit needed to be replaced; however, staff
knew in 2008 that it needed to be replaced or they would not have requested money in the 2008
budget. They are now 13 months in arrears and now staff is requesting emergency passage. She
objects to it being an emergency because the work could have been done in 2008. She
understood staff was overloaded, but this equipment primarily supports the Communications
Center; where was the Police Division? There are temporary appropriations for 2009 because
Council has not approved the 2009 budget. Council has fussed about this for years. She
understands staff cannot wait on Council to approve the final budget. If something has to be
done, staff should bring it forward. If the money is there, it can be done. This is 2008 money.
Mr. Percival agreed.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, that Ordinance Number 09-02
Nays: None
motion carried.
Councilwoman Felton presented an ORDINANCE AUTHORIZING THE PURCHASE OF AN
UNINTERRUPTIBLE POWER SUPPLY FROM UPTIME SOLUTIONS ASSOCIATES, INC.
FOR CITY HALL WITHOUT FORMAL COMPETITIVE BIDDING AND DECLARING IT
TO BE AN EMERGENCY.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, that the rules requiring the
placed at once upon its passage. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, that Ordinance Number 09-03
Nays: None
motion carried.
Emergency Approval of Resolution authorizing City Manager to file an application
to State of Ohio to participate in the Clean Ohio Assistance Fund. Mr. Percival respectfully
requested that Council approve an emergency resolution authorizing him to file an application to
the State of Ohio to participate in the Clean Ohio Assistance Fund (COAF). Under the COAF
program, the City can apply for up to $300,000 to conduct a Phase II Environmental Site
Assessment (ESA) on the Hooven and Allison industrial complex. No matching funds are
required. At this time there are no particular development plans for the property. However, the
Phase II ESA will be required in order to apply for grant funding for cleanup of any potential
contamination and is generally a prerequisite for bank financing of redevelopment projects on
former industrial properties. There will be several more steps along the way. They must hold a
Public Hearing on the plan, etc., before the $300,000 is released. Passage of the emergency
resolution will get the city in the queue, so when the state sells the Clean Ohio bonds around
May or July 2009, the city will be in line and ready to take advantage of the money.
Councilwoman Mills presented a RESOLUTION AUTHORIZING THE CITY OF XENIA TO
FILE AN APPLICATION TO THE STATE OF OHIO TO PARTICIPATE IN THE CLEAN
OHIO ASSISTANCE FUND, AND DECLARING AN EMERGENCY.
Motion by Councilwoman Mills, seconded by Councilman Louderback, that the rules requiring
the reading of a resolution at two consecutive meetings be dispensed with and this ordinance be
Councilman Louderback thought it was great news that they are moving forward with the
Hooven & Allison cleanup. He thanked city staff for their due diligence.
Mr. Percival thanked Steve Brodsky, Director of the Xenia Economic Growth Corporation
(XEGC), for working in partnership with the owners, National Land Developers LLC, and staff
to complete a Phase I ESA. Mr. Brodsky brought a lot of unique resources to the table. They
met with the Ohio Department of Development (ODOD) and the Ohio Environmental Protection
Agency (OEPA) two weeks ago to walk through the process so they are ready to take advantage
of the COAF money as soon as it is available.
Mayor Pennewitt agreed with Councilman Louderback’s comments. She is pleased with what
has been done and is looking forward to good results.
Vice President Miller thought it was great that there is money available. He wished and hoped
there was some way to hold Hooven & Allison and the new owners responsible for the cleanup,
or to at least show the public how much state money is being spent to clean up their mess.
Mr. Percival said the public will know how much money it costs to clean up the mess, but they
cannot hold the owners accountable. Vice President Miller said he just wanted people to
understand that they are cleaning up an old site that has been here since the mid 1800’s.
Mr. Percival noted the building was built in 1884. Vice President Miller said he did not feel city,
state, and possibly federal funds should be used to clean up a mess for which they are not
responsible. Everyone’s tax dollars will be used to clean up this mess. He wants to ensure
accurate accounting measures are used to keep track of the total money used to clean up that
piece of property.
At this stage, Mr. Brodsky noted no local matching funds are required for Clean Ohio Assistance
Funds. When it comes time for the actual clean-up of the site, significant grant dollars are
available that may require some local matching funds. They are also working with the current
property owner about making contributions toward the cleanup effort.
Vice President Miller asked if COAF could be used as leverage money for future grants.
Mr. Percival said no. They can use infrastructure money and other money they have spent in the
area as matching dollars for the Clean Ohio Revitalization Fund (CORF). This is the COAF and
no local matching funds are required. Local matching funds are required for the CORF.
Mr. Brodsky said it is possible to use state funds to match federal funds through the USEPA if
they end up going that route. They are trying to keep local dollars out of the cleanup effort as
much as possible.
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Louderback, that Resolution Number
09-B be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Approval of RFQ for Infiltration/Inflow Study for the City’s Sanitary Sewer
Collection System. Mr. Percival said the 2009 Sewer Collection CIP includes $350,000 to
complete an Infiltration/Inflow (I/I) study of the City’s Sanitary Sewer Collection System. At
this time, they are seeking approval from Council to allow engineering staff to solicit
qualifications and quotations from engineering firms to complete a study, which will identify
problem areas throughout the city’s collection system and direct future I/I abatement
(construction) projects. Once city engineering staff has determined the most qualified firm, they
will seek authorization from Council to enter into a contract to complete the study.
Vice President Miller asked how long it will take to accomplish this. Mr. Percival said this is
just a motion to authorize staff to solicit quotations – no funds will be expended at this time.
Vice President Miller asked how long it would take for bids to be presented to Council.
Mr. Percival said the RFP will be done next week. The bidding process usually takes six weeks;
therefore, bids should be returned by the third week in March, and presented to Council at the
first meeting in April.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to allow City Engineering
Staff to solicit qualifications and quotations from engineering firms to complete an
Infiltration/Inflow Study for the City’s Sanitary Sewer Collection System. Discussion followed.
Councilwoman Felton thought the city purchased a lot of equipment to do much of the
Infiltration/Inflow study. Mr. Percival said the city owns equipment to do individual lines. For
the I/I Study, an engineering firm will be hired to identify problem areas throughout the city’s
collection system. Councilwoman Felton stated they do not even know where the entire sewer
system is located. Mr. Percival responded that this comprehensive I/I study will tell the whole
story. Councilwoman Felton did not think the engineering firm would have to do South Hill
because it was just sliplined. Mr. Percival thought only part of South Hill was sliplined.
Councilwoman Felton thought all of South Hill was done. Mr. Percival noted Glady Run fills up
as soon as it rains; they need to determine where that water is originating. Vice President Miller
said that has been problematic since Glady Run was built.
Councilwoman Felton asked if staff was still doing smoke testing on the sewer system.
Mr. Percival said some smoke testing was done in the east end and other areas; however, there
are some problems bigger than what smoke testing can identify. Councilwoman Felton did not
disagree but she thought a lot of money was being spent on things that city staff could do.
Councilman Caupp clarified it would cost $350,000 for just the study. Mr. Percival said
$350,000 would complete an I/I study of the city’s entire collection system, map the whole
system, and identify problems throughout the entire sewer system. Vice President Miller
clarified the $350,000 would not fix anything. Mr. Percival said the $350,000 is only an estimate
– it may cost less. Councilwoman Felton said there are no good maps of the city’s sewer system.
Some maps disappeared after the tornadoes and other areas were never mapped. The sewer
connections by Stephenson’s Market had to be cut when the road was redone because no one
knows where the connections are located. Although the $350,000 is in the 2009 budget, she still
thought it was a lot of money.
Vice President Miller noted the contract award would still come before Council for approval.
Mr. Percival said that was correct. Vice President Miller felt the city had to do numerous
upgrades on its sewers and sanitation systems per EPA requirements. He just wanted to ensure
the sewer system was updated before the EPA again changes the law resulting in more expenses
to the city. He felt assured that would happen.
Nays: None
motion carried.
Approval of City of Xenia’s Health Insurance Program. Mr. Percival noted this
agenda item was sent out as an addendum to the agenda. He also shared copies of the new dental
insurance quote. City Council is being asked to consider three actions related to the City’s health
and dental insurance programs. Health care has been difficult at best. Mr. Merriman, Mr. Price,
Mr. Duke, and other staff have been working with our broker, Montgomery Insurance, to obtain
the best possible renewal rates for the city. The base rates from Anthem Insurance Company for
HMO health insurance coverage are set at 5.2% below the 2008 rates. The recommended
renewal would include the revised benefit level decrements for an additional 5.67% rate
reduction. The city will also offer a Health Savings Account (HSA) program option for eligible
employees in lieu of the traditional HMO insurance coverage currently offered. The HSA option
would be made available to eligible staff in place of the HMO coverage for staff who feels this
alternative is a better fit for their health insurance needs. Superior Dental quoted a renewal rate
at a 6% increase from the 2008 rates, which is within an acceptable range. If Council concurs,
four (4) motions are recommended:
Action 1. Approve a motion to authorize the City Manager to accept the rate renewal—including benefit
level decrements—with Anthem Insurance Company for HMO health insurance coverage beginning
April 1, 2009.
Action 2. Approve a motion to authorize the City Manager to accept the rates for a Health Savings
Account plan option with Anthem Insurance Company at the rates presented with an effective date
beginning April 1, 2009.
Action 3. Introduce a resolution amending the Employee Benefits Manual Policy 3.10—Health
Insurance to change the City/employee premium payment split to 70%/30% and to be effective for all
employees hired after April 1, 2010.
Action 4. Approve a motion to authorize the City Manager to accept the rate renewals as presented with
Superior Dental for continuation of dental insurance beginning April 1, 2009.
Motion by Councilman Louderback, seconded by Councilwoman Mills, to authorize the City
Manager to accept the rate renewal—including benefit level decrements—with Anthem
Insurance Company for HMO health insurance coverage beginning April 1, 2009. No discussion
Ayes: Louderback, Mills, Felton, Pennewitt, and Miller
Abstain: Caupp
Nays: None
motion carried.
Manager to accept the rates for a Health Savings Account plan option with Anthem Insurance
Company at the rates presented with an effective date beginning April 1, 2009. No discussion
Ayes: Louderback, Mills, Felton, Pennewitt, and Miller
Abstain: Caupp
Nays: None
motion carried.
Councilman Louderback introduced a RESOLUTION AMENDING THE XENIA EMPLOYEE
BENEFITS POLICY STATEMENT EBM-3.10 – HEALTH INSURANCE, and it was read for
the first time.
Manager to accept the rate renewals with Superior Dental for continuation of dental insurance
beginning April 1, 2009. No discussion followed. The Roll on this was the following:
Ayes:
Nays:
None
motion carried.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to approve payment of bills
totaling $403,741.40. No discussion followed. The Roll on this was the following:
Ayes: Caupp, Louderback, Mills, Pennewitt, and Miller
Nays: Felton
motion carried.
Second Readings of Ordinances and Resolutions: None.
READING OF COMMUNICATIONS AND DISCUSSION:
Councilwoman Mills
encouraged everyone to attend the Xenia High School Girls’ Basketball games. They are
undefeated and phenomenal to watch. She hopes everyone enjoys the warm weather, but warned
that winter is not over yet!
Councilman Louderback noted as of Tuesday, the undefeated Lady Bucs Basketball team is
ranked 6th in the state, which he thought was highest ranking the team had ever had. The team is
playing tonight in Centerville and he wished them good luck. The new Xenia High School head
football coach is Bob DeLong. Coach DeLong spent four years as the XHS assistant football
coach and was formerly the head coach at Tecumseh High School. He wished him the best of
luck. Spring Hill Elementary School received a “School of Promise” award. The “School of
Promise” award recognizes schools that achieved greater than a 75% proficiency rate although
40% or more of the students qualify for free or reduced-price lunches. That is really a great
achievement for Spring Hill Elementary; he congratulated the staff.
Councilman Caupp, Mayor Pennewitt, and Councilwoman Felton had nothing further to share.
Vice President Miller apologized but wanted to recognize some January birthdays. He wished
“Happy Birthday” to Keith, Sarah, his father (who turned 87 and is a WWII veteran), his son
(who turned 5), and his wife (who turned 21 again).
ADJOURNMENT: Motion by Councilwoman Felton, seconded by Councilman Louderback,
to adjourn the Regular Session at 7:50 p.m. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Xenia City Council
William R. Miller, Vice President
Xenia City Council
January 24, 2009
Special Session
9:00 a.m.
The Xenia City Council met in a Special Session on January 24, 2009, at 9:07 a.m., in the City
Council Chambers, City Hall, with the following members present: John Caupp, Dale
Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and William R. Miller
Motion by Councilwoman Felton, seconded by Councilwoman Mills, to excuse President Propes
Nays: None
motion carried.
Discussion of Utility Billing Issues. Vice President Miller said normally audience comments
are not entertained during special sessions. However, at this special session, the Council
President asked him to ensure that one spokesperson for the renters is allowed to speak to share
their comments or concerns. The spokesperson can either speak now or wait until after Council
discussion, which is what he suggested. Mayor Pennewitt asked if speakers had a time limit.
Vice President Miller said speakers will be asked to speak no longer than five minutes. Council
will entertain comments from one speaker in favor of passage of the ordinance, one speaker
against passage of the ordinance, and one speaker neither for nor against passage of the
ordinance.
Vice President Miller invited the spokesperson in favor of the current ordinance to step forward
to speak. No one came forward to speak.
Vice President Miller invited the spokesperson against the current ordinance to step forward to
speak.
Ruth Caudill, 1300 E. Spring Valley Paintersville Road, Xenia, thanked Council for allowing her
to speak on behalf of most homeowners and landlords. They are pleased to hear about the
changes that the Water Department is making to the Application for New Service; however, they
are still very concerned about enforcement of those policies. Their concerns are real and
justified – they do not just make up things. Their concerns are based on experiences that all or
most of them have had. She received a call from a tenant yesterday indicating that her water was
disconnected over a $33 past due bill. She thought “Great, these changes are working!” Then
she received a bill in the mail notifying her that a tenant’s water was to be disconnected for a
$192 past due water bill. That meant the tenant has been living at the home since October, and
although he never made any payments, he still had water. She has “No Extensions” on the
account. Again, this is not just her experience, but the experience of others based on phone calls,
e-mails, and letters that she has received since the January 8th Council meeting. There is no
consistency with enforcement of the policy and handling of the delinquent bills. The words “No
Extensions” on a tenant’s account offer very little comfort to investors.
XCC Special Session Meeting Minutes, 01-24-09, Page 2
Ms. Caudill said landlords would like to know how much revenue is generated from
delinquencies. She saw something that indicated the City of Xenia collected over $200,000 in
penalties in 2008, and she would like to know if that information is accurate. They received
numerous phone calls and e-mails from homeowners—not just landlords. One gentleman shared
a story about his son who purchased and fixed up a property in Xenia. When his son asked to
have the water turned on, he was told there was a $280 delinquent bill that had to be paid before
he (the new owner) could have service. He did not use those services – someone else did. They
are asking that these unpleasant surprises be changed in the ordinance that still holds the
homeowner liable for all these bills. Is it fair – no. Is it right – absolutely not!
Ms. Caudill then addressed a letter written to the Xenia Gazette Editor in defense of the current
ordinance. They found it odd that there is no record in Greene County indicating that the person
owns a home in Xenia. Councilwoman Felton said she talked to the person. He does own a
home in Xenia and has been Greene County resident his entire life. Councilman Louderback
asked if they were talking about the same person. Councilwoman Felton said yes – Karl
Schmidt. Ms. Caudill noted the letter stated the tenant is OUR customer, meaning the landlord’s
customer. She feels the tenant is the landlord’s tenant. Landlords provide housing—they do not
provide water service. A customer is “a person who buys or uses a service from a business.”
Wouldn’t that definition identify the tenant as a customer of the City of Xenia, not the landlord?
The tenant uses a service (water) from the city. Landlord is defined as “the owner of land or
housing that is rented to another.” The definition does not even remotely reference the landlord
as being responsible for the city’s customers. As investors, they cannot call the city for help
when tenants refuse to pay rent or destroy their property. Landlords must pay money to take the
tenant to court to recoup the money owed them. They are awarded a judgment by the Court
because the tenant signed a lease agreeing to pay the landlord. Do tenants not sign an agreement
with the Water Department stating they will pay for all services they receive? As a landlord, she
has never signed a document for any tenant stating that, regardless of whether the tenant pays,
she would pay the service for them. The only documents she signed as a homeowner were
promissory notes to the bank stating she would pay the mortgage regardless of whether the
tenant pays the rent. They could make this simple. If the city is willing to pay landlords for the
tenant’s unpaid rent (which could be months of unpaid rent due to the legal process) the
argument could be dropped right now. They would agree that is fair.
Ms. Caudill noted this 25-year old ordinance states that, regardless of whether or not the tenant
pays the rent, someone is going to pay [for utilities] and that will be the homeowner. Mr. Schmidt
also stated landlords need to recalculate their profits and losses. From their experience of owning
properties, there is no profit. She was not sure which friend of Mr. Schmidt’s they offended today,
but he referred to Councilman Louderback as the person who created all the drama. The drama
was created 25 years ago when the ordinance was passed, which is before most of them were
elected to City Council or appointed by Council. Please note their frustrations are not aimed at any
one individual; they are only asking Council for their support. This drama should not be blamed
on any one Elected Official who truly has a heart of gold and is very passionate about helping
people. As landlords, they help people every day. If Council is so confident in how the Water
Department will be handling these new billing procedures, why don’t they accept the responsibility
and remove the responsibility from the homeowners who are constantly dealing with other issues,
such as collecting unpaid rent, paying for damages, and keeping their properties maintained so the
City of Xenia does not look like a slum.
Melinda Cooper, 171 Robert Lane, Xenia said she is a citizen and a customer of the Water
Department. All public assistance programs (Greene Met, food stamps, WIC, and Social
Security Disability) have a verification of need process that individuals must go through before
they receive assistance. The Water Department requires no proof when they allow delinquent
water bills to be extended beyond one, two, or three months. Water bills that reach $400 to $500
become a public problem—not a landlord or minority problem. There should be a system by
which they can determine if that person needs to have the water bill extended beyond a few
months. A typical water bill for a Xenia resident is $30 to $50. When landlords receive water
bills of $500 or more, there is some problem in the way the ordinance is being applied. That bill
should be paid by public money or charities; it should not be an arbitrary situation. She thought
the intent of the ordinance was good. There are transient tenants who make it difficult for the
Water Department to track them down. The problem is the way the ordinance is being applied.
If a $100 security deposit is collected before water is connected, that would cover a three-month
delinquent water bill. The Water Department can easily do that, which would also give them
some indication if the person will pay the bill on time. She then read a poem. “When they came
after the Jews, I did not blink because I was not Jewish. When they came after the Blacks, I did
not blink because my skin was white. When they came after the people with slanted eyes, it
didn’t matter because I did not have slanted eyes, nor did my family.” Commissioners have
allowed the Water Department to rob the landlords with the idea that this is the public. Under a
democracy, the majority rules; however, the majority should never step on the rights of the
minority. When Council applies this ordinance, even if it has good intentions, they need to
include some stipulations to ensure that it is not abused. This ordinance goes beyond making
landlords responsible for their business expenses. It is going to the point where they are
providing a public need with or without documentation.
Vice President Miller invited the spokesman who was neither for nor against the ordinance to
come forward to speak.
Nick Carrera, 1465 Foust Road, said one of his office policies was if you give him a problem, give
him your ideas for a solution. We all have ideas but none of us is addressing the solution. When
the ordinance was passed 25 years ago, there was no Internet. The obvious solution that everyone
has overlooked is to have a list of delinquent water bill customers that any municipality in the
entire United States can access. Those people could then not run off and get water service
somewhere else. With the new policy of asking questions, landlords would not incur a situation
like he did when he found a delinquent water bill in the trash at one of his properties in the name of
someone he had never heard of. If a www.xeniautilitiesdelinquentlist.com was on the Internet, and
every city in the United States was invited to check that list before utilities were connected, they
would have a pretty good check on those individuals and they would be unable to get their water
connected. In the municipality, they have governmental and proprietary functions. The Water
Department has been held to be a proprietary function. Any business must stand on its own feet or
it fails like many businesses are doing today. The Water Department has to stand on its own feet.
It is ludicrous for the Water Department to pass this on to the landlord, as required in the
ordinance, before other steps are taken against the tenant, as noted at the December 8, 2008 XCC
meeting. It is a welfare check to these people at somebody else’s expense. He knows many people
who believe rates will be raised if the ordinance is passed as currently written. The cost of his car
is raised if people do not pay their car payments. It is proprietary function. He would like the city
to find an answer that does not easily pass it off to somebody else.
Vice President Miller closed the audience comments and entertained comments from Council.
Mr. Percival noted the ordinance was re-tabled at the last Council meeting. Vice President
Miller entertained a motion to remove from the table the motion to pass an Emergency
Ordinance amending XCO Chapters 1040 and 298 to decrease monthly penalty amount and
amend the Utility Billing Rules and Regulations. Mr. Lewis did not feel that was necessary if
they did not intend on passing the legislation today. Vice President Miller entertained discussion
from Council.
Mr. Bazelak said he would like to make a few comments before Council discussion. He
appreciated some of the comments with regard to the changes they made to help alleviate the
situation. He did take some exception to the comments about enforcement. Over the last few
months, he and his Accounts Receivable Manager, Ms. Steck, have received phone calls. They
looked at each issue on a case-by-case basis. He is comfortable with how staff is enforcing the
current ordinance; however, he also realizes staff is not perfect. He cannot address each
particular issue raised today without knowing the specifics on each case.
Councilman Louderback said, contrary to public opinion, he is not a landlord. He has been a
landlord in the past and was burnt with several delinquent water bills. He received negative
phone calls stating he had some self-interest in the issue. This is America. He does not mind
someone making negative comments; however, he takes exception when someone attacks his
character. There is help available for people who cannot pay their utility bills and Water
Department staff has a list of those agencies. Mr. Bazelak said that was true. Councilman
Louderback noted not all tenants are irresponsible. There is also help available to people who
cannot pay their DP&L and Vectren bills.
Councilman Louderback said several people mentioned to him that utility rates would be raised
if the ordinance was amended. That is not necessarily true. On January 10, 2008, Council
passed an ordinance allowing an increase in the water rates and all Council members voted ‘aye.’
It also says, “The City Council approved rate increases effective January 9, 2009, to cover the
expenses for the water and sewer funds for 2009.” If someone in the city would like to ask him
to approve another rate increase, fine, he is only one vote and he would vote against it. Council
already approved a rate increase and the city will have to deal with that. That is his position on
the threat of rate increases. There are two things that could happen – they could raise the rates or
reduce expenses. In these tough economic times, they are going to have to reduce expenses,
think outside the box, and do some things never done before, which did not include lay-offs.
This is not a landlord/tenant issue; it is a property rights issue. A young couple trying to
purchase a home would be responsible for the delinquent water bills from the previous owner. If
a baby-boomer like him would like to downsize and purchase a smaller house, he would inherit
the delinquent water bill from the previous owner. It is a property rights issue, and he did not
understand how it became a landlord/tenant issue.
Councilman Louderback said he would like to introduce two amended ordinances. He asked the
Law Director if he should present them individually. Mr. Lewis said yes.
Councilman Louderback introduced an ORDINANCE AMENDING CHAPTER 1040.03
RESPONSIBILITY TO PAY UTILITIES BILL OF CHAPTER 1040: UTILITIES BILLING OF
TITLE FOUR: UTILITIES.
Councilman Louderback said he would like the following change to Section 1 to make the
person who signs up for utility services responsible for payment, not the property owner: The
property owner individual/entity who requests utility services is responsible for the payment of
any and all charges billed for water service, sewer rental, sanitation service, and stormwater
management service used at his or her property, the service address. whether the account for
such charges for the property is carried in the name of the owner, the tenant, or any other
person.
Councilman Louderback introduced an ORDINANCE AMENDING CHAPTER 1040.06 LIENS
FOR UNPAID UTILITIES BILLS OF CHAPTER 1040: UTILITIES BILLING OF TITLE
FOUR: UTILITIES.
Councilman Louderback noted the above-mentioned ordinance repeals Section 1040.06 Liens for
Unpaid Utilities Bills.
Councilman Louderback asked if the ordinances he introduced would be voted on at the next
Council meeting. Mr. Lewis said the second reading would be conducted at their next regular
meeting and a vote would be taken at that time.
Vice President Miller entertained further comments.
Councilman Caupp said he appreciated everyone’s comments, phone calls, and e-mails. He
talked to at least a dozen landlords and a few residents who are not property owners who feel
totally opposite. Those property owners do not agree that they should be strapped with a
landlord’s water bill. Unfortunately, the Water Department has to pay for itself. The city has to
cover its expenses, needed repairs, and upgrades. On Thursday night, Council gave permission
for staff to solicit bids on an estimated $350,000 project to complete an Infiltration/Inflow study
of the city’s entire sanitary sewer collection system. That $350,000 has to come from
somewhere – it comes from utility billing. Those departments pay for themselves; they pay for
personnel, maintenance, upgrades, etc. Mr. Merriman can assure you expenses in those
departments are escalating. He originally asked for the ordinance to be tabled because he
thought it needed to be discussed further. He had some serious concerns after receiving phone
calls about why landlords were getting stuck with $500 water bills or why people were allowed
to sign up for water services under three different names. When he hears those things from
multiple people, there is a problem somewhere that needs to be fixed, which is why he made a
motion to table the ordinance. Those kinds of issues and allowing no extensions needed to be
changed in the Accounts Receivable (A/R) Department. His question to every landlord is if he is
in business, which he is since he runs a business, why don’t landlords just increase the monthly
rent by $100 and be done with it – the water bill would then be covered. He never heard a good
argument as to why a landlord would not want to do that. He heard that doing that may escalate
the rent to the point where it is no longer competitive. Everyone has to pay a water bill, which is
either included in the rent or paid separately.
Councilman Caupp said he met with Ms. Steck and Mr. Bazelak. In reality, out of 10,072
accounts, only 33 accounts in the entire city were over $500. However, he heard so many people
tell him they had water bills over $500. Only .33% of all water bills in the city are outstanding.
He got a list of delinquent water bills and the reasons why they were delinquent. One bill was
for $2,200 that continued to escalate. The reason the water was not disconnected was because
the customer parked a vehicle over the water meter. It says, “We, the city, ended up digging it
up last week in order to install a new meter.” That sounds like the stupidest comment he ever
heard. A tow truck could have moved that vehicle off the water meter. Why that was not done,
instead of digging up the front yard, did not make a lot of sense to him. What Council tabled on
December 30th was some of the changes in the rules as to what the A/R Department has to do.
He wants those changes incorporated into that ordinance so utility billing staff cannot arbitrarily
decide what they do and what they don’t do when people want utility services. It needs to be in
writing that staff needs to obtain a copy of the driver’s license, a copy of the lease, etc. He still
ultimately thinks the landlord needs to be responsible for that water bill, but staff needs to do
everything in their power to ensure those water bills do not escalate. He did not understand why
every landlord in the city did not have “No Extensions” on their accounts. If water is
disconnected at a rental property, that landlord should have to sign off in order to get the water
reconnected. If the bill is high, the landlord’s signature would be on a piece of paper indicating
they allowed the water to be reconnected. At some point, landlords need to take some
responsibility for the properties they own in the city. If the property owner wants the water
disconnected, that is fine, but they would have to be somewhat responsible to get the water
reconnected so the water bill does not escalate.
Councilman Caupp said it was explained to him that by the time the delinquent notice is mailed,
two months of unpaid charges have accrued. If there are “no extensions” on the account, there
would be no more than two months of delinquent water bills. Mr. Bazelak agreed. Councilman
Caupp felt they needed to have rules in place to protect the landlord as much as possible and
review the changes in a year to see if they lessened the burden on the landlord.
Councilman Caupp said during his discussions with the Finance staff, a good point was raised.
Philosophically, in what direction do they want the city to move? Every surrounding city holds
the landlord responsible for the water bill. If they are making Xenia more attractive to landlords,
then a prospective landowner may chose Xenia rather than Fairborn because they are no longer
responsible for paying delinquent water bills in Xenia. As a result, they may purchase five more
rental properties in Xenia. Personally, he felt the city has enough rental properties. At some
point, they need to decide if they want more owner-occupied homes rather than more rental
properties. If we make things easier for landlords, we are making our city more attractive to
more rental income.
Councilwoman Mills said if there are 700 landlords in the city and each receives a $500
delinquent water bill that would total $350,000 in one year. That $350,000 would have to come
out of the city’s budget. If rates are not increased and employees are not laid off, that means
other things would have to be changed, such as street paving, parks, recreation, or not purchasing
a piece of service equipment. Ultimately, she did not know where the money would come from,
but $350,000 is a lot of money. As Councilman Caupp stated, if the ordinance is changed to
make it more attractive for landlords, that would add more burden on the city because rental
properties may increase from 700 to 900. The debt to the city would just keep increasing. She
was elected to represent all citizens. She absolutely believed changes needed to be made in the
Water Department. Things slipped through the cracks, which happens in every business, which
is why they have Boards and people to investigate ways to make improvements. She was glad
Councilman Louderback raised the issue because positive changes have resulted, such as
requiring proper identification, copies of the lease agreements, etc. She was sorry it took so long
to get to this point, but she was very proud of how things have changed in a positive manner for
landlords in this area. She has a responsibility to all 27,000 people in the City of Xenia. She
does feel not comfortable using their tax dollars in a situation like this.
Vice President Miller noted there were two ordinance introductions on the floor that will be
voted on at the February 12, 2009, Council meeting.
Councilman Caupp said they are holding a work session to work on the ordinance to ensure they
get it right. When the tabled ordinance is discussed on February 12th, he asked if all the changes
they discussed in Mr. Bazelak’s office would be incorporated. Mr. Bazelak said those changes
were in the original Rules and Regulations. The only change they made dealt with “sewer only”
accounts. The “Rules and Regulations” that were to be adopted as part of the second action
included language on the Collection Agency and information required for “New Utility Service.”
Councilwoman Felton asked if Mr. Bazelak had a list of all the items Council would like
included in the ordinance. Mr. Bazelak asked which items she was referencing. Councilman
Louderback said they were referencing the “Application for New Utility Service,” which
requires acceptable proof of identity that includes a photo (such as a driver’s license, state ID
card, current student ID card or military ID); a Social Security Number or Federal ID Number,
and one of the following documents: copy of Settlement Statement (received at closing), copy of
Land Contract; copy of Lease; or copy of Deed. Mr. Bazelak said that was included in the Rules
and Regulations that Council tabled.
Councilman Caupp and Vice President Miller asked if they could state no extensions are allowed
on all rental properties. Mr. Percival said no. Mr. Lewis agreed – it is not the city’s property.
Mr. Bazelak noted, per the December 30th agenda item, a copy of the proposed new Rules and
Regulations has been available to Council in the Council Office. In the interest of saving a few
trees, a copy of the Rules and Regulations was not sent to Council due to the size of the
document. The proposed changes to which Councilman Louderback and Councilman Caupp
referred are in italics and shaded.
Vice President Miller asked if a property owner could check to see if their tenant had delinquent
water bills by going on-line and entering the property address and their password. Ms. Steck
said they are discussing software changes to allow that. Vice President Miller realized that
would be a major software change and an expensive change for the city. Ms. Steck agreed.
Vice President Miller asked if there was a system in place for the landlord to co-sign for new
service for their tenant, should they choose to do so. The landlord could choose to allow no
extensions and would also know that the new tenant had all the correct information required for
new service. If the landlord and tenant both sign, the landlord would acknowledge that they are
responsible for delinquent utility bills if the tenant does not pay the bill. Mr. Bazelak stated, at
this point, he did not know what value that would be.
Councilwoman Mills read from the January 9, 2009 minutes under Audience Comments: “Kay
Slesinger said there is nowhere else where she has had to be responsible for someone else’s debt
where she did not have to co-sign. If the City wants landlords to co-sign on a bad risk that is one
thing because she would have a choice. If the City tells her the tenant is a bad risk, then she
would not co-sign or rent her property to them. If she chose to co-sign knowing the tenant was a
bad risk that would be fine because she would have been given a choice.”
Councilwoman Felton said she is a landlord, and she is not going to co-sign for anybody.
Mr. Bazelak said they have had some legal opinions that state the city is required to provide
service unless there is a delinquent bill on the particular address. Vice President Miller said he
wondered if there were legal ramifications that prevented the city from moving forward in that
direction. There are privacy rules by which the city must abide similar to the new HIPAA
[Health Insurance Portability and Accountability Act] rules. He wanted citizens to understand
that they have actually investigated the rules and regulations surrounding the Privacy Act and
found some bumps in the road.
Vice President Miller said he had one pet peeve about city services and the difference between a
customer and a landlord. He felt using the Xenia Municipal Small Claims Court to remove a bad
tenant is a service that the city provides to landlords. [Audience members stated they pay for
that service!] Vice President Miller said it is just like trash removal – it is the same service you
pay for. Everyone eventually pays for it and it comes out of the city’s budget.
Councilman Louderback noted the following changes the city has made that will benefit
everyone:
• Implementation of a new software system that includes:
 The ability for landlords to receive a duplicate copy of the tenant’s disconnection
notice (upon request).
Councilman Louderback asked if a duplicate copy of the tenant’s disconnection notice could be
automatically sent without the landlord’s request. Ms. Steck said they often do not have the
property owners’ addresses. Greene County also often does not have the correct mailing address
for property owners. Councilman Louderback clarified landlords needed to request a duplicate
copy of a tenant’s disconnection notice. Ms. Steck said that was correct. Councilman
Louderback asked if that information could be conveyed to the public. Mr. Bazelak said when
the rental roster is mailed to property owners, a questionnaire is included that asks them if they
would like a duplicate copy of a tenant’s disconnection notice. That information is in the data
base. Staff is trying to notify property owners that they have that option.
Councilman Caupp understood that Ms. Steck stated staff often does not know who owns the
property. He suggested information [on landlord’s having the ability to request a duplicate copy
of the tenant’s disconnection notice] be posted on the City’s website and Channel 5. If property
owners see it, great, but that is all they can do. Mr. Bazelak said that would not be a problem.
Councilman Louderback continued:
 Additional fields to allow us to track owners’ names, addresses, and phone numbers.
Councilman Louderback asked for an explanation of “additional fields.” Ms. Steck said the old
software system had no fields [available space] for owner information to be entered.
Councilman Louderback clarified the new software would have additional fields. Ms. Steck said
that was correct.
 A “NO EXTENSIONS” message appears on the main screen assuring that the
landlord’s requests are being followed.
Councilman Louderback asked for an explanation of “message appears.” Ms. Steck said the old
software required staff to check the comments screen to verify there were “no extensions.” Now,
as soon as staff opens the account information, a message appears that says “NO
EXTENSIONS.” Councilman Louderback clarified it was the landlord’s responsibility to notify
staff that they wanted no extensions. Ms. Steck said that was correct. Some landlords allow
extensions because they do not want to receive phone calls from their tenants. Councilman
Louderback said he could not imagine that.
 Better lookup capabilities that allow us to find more customers with continued service
within the City of Xenia.
Councilman Louderback asked for an explanation of “better lookup capabilities.” Ms. Steck said
staff can now more easily find people because the name and Social Security Number lookups are
better. If they have continued service in the City of Xenia, a continued service letter can be sent
instead of sending a letter to the landlord stating the delinquent bill is theirs to pay. The data
base is better.
 Implementation of Accurint locator service for final bills that are returned by the Post
Office as not having the correct mailing address.
Ms. Steck said staff uses Accurint locator service (through Lexis Nexis) because people often do
not provide a forwarding address. If the final bills are returned by the Post Office, and a
forwarding address is provided, the bill will be forwarded to that address. If not and there is a
newer address available in Accurint, the final bill is re-mailed to the new address to attempt
collection. Some people simply cannot be located. Councilman Louderback said he understood
this is another way of tracking down people. Ms. Steck said that was correct.
 Adding the monthly potential leak list to the City’s website so landlords can check on
their properties.
Ms. Steck said the list is currently available. Landlords can go to the City’s website and go to
the Utility Billing Department under City Departments. On the left side of the navigation screen,
people can click on “Water Leak” and check by account number or street name all the accounts
on that street that are read remotely. The address will indicate if there were 24 hours of
continuous usage. Sometimes 24 hours of usage is okay, such as at a hospital, but that would be
unusual for a residential property.
Councilman Louderback asked to whom a notice is mailed in regard to a major water leak for a
rental property. Ms. Steck said the leak notice is printed on the utility bill and mailed to
whomever’s name and address is on the bill. Mr. Bazelak noted he discussed that issue with
Councilman Louderback because he was concerned about the procedure. After that discussion,
they attempted to resolve the issue by posting information on the City’s website so owners can
check their property to see if there is a water leak.
 Staff is working with the software vendor on an upgrade of the Utility Billing Online
Access/Payments application to possibly allow landlord access to their accounts and/or
receive email notification of the bills for their properties.
Ms. Steck confirmed they are working on the above-mentioned item.
Councilwoman Felton said if she had a water leak, she would not know about the leak until she
received her monthly water bill. Ms. Steck said that was correct; however, she had already
posted the potential water leak list from the January 15th, 16th and 20th meter readings.
Councilwoman Felton said she could run up another $100 between now and when she discovered
there is a water leak on her property. Ms. Steck agreed. Councilwoman Felton said, as a
property owner, she would not be notified any faster about a possible water leak than a landlord
would be notified. Ms. Steck said that was correct since that information is printed on the
monthly bill. Meters are always read in the middle of the month and she normally has the
readings back no later than the 20th of the month. Information on possible water leaks should be
posted on the City’s website no later than the 21st of the month. The information only has
account numbers and addresses—no names can be provided anywhere—because utilities are
covered under the Federal Trade Commission Regulations on Identity Theft Protection Rules.
The suggestion [presented by one of the landlords today] about publishing a nationwide list of
delinquent customers by name is illegal.
Councilman Louderback asked if the meter readers could quickly alert Ms. Steck if they noticed
the reading indicated there might be a major leak on the property. Mr. Bazelak said meters are
no longer being physically read and noted in a meter reading log; meters are read via radio
transmission. Ms. Steck said a list of water and sewer bills that appear they will exceed $100 are
quickly reviewed. If it is not a business, staff can quickly catch that discrepancy. If a resident’s
water bill is normally $40 but the bill will be $1,400, city staff will be dispatched to the residence
right away to investigate what is going on. Councilman Louderback clarified the meter reader
would have no idea about what is going with the water usage. Ms. Steck said that was correct.
The meter reader verifies that he received the radio signal indicating all meters were read.
Councilwoman Mills said during the first month meters were read via radio transmission, she
was notified there was a leak at her house. Staff from the Water Department checked her house
to verify there was a leak. Her sewer bill (not water bill) was adjusted once she repaired the
problem and provided proof of the repair. She was shocked when she received a $200+ water
bill for one month of service for a family of four! Ms. Steck said because meters are now read
monthly, leaks are detected earlier, which was not the case when meters were read every three
months. There is no fee to residents for city staff to inspect for leaks – the visit just simply needs
to be scheduled.
Vice President Miller said he hopes they are moving forward and that citizens understand they
are trying to improve the system by implementing new procedures.
Vice President Miller requested that Council take a break at 10:10 p.m. Council reconvened at
10:25 p.m. with the same members present. [Mr. Lewis did not return.]
Continue 2009 Budget Review
Xenia Economic Growth (XEGC) – Fund 234. Mr. Percival noted the contract with XEGC
has remained stable at $147,000. He invited XEGC Director, Steve Brodsky, to address Council.
Mr. Brodsky noted XEGC’s budget for 2009 was a little less than in 2008. They switched their
priorities in 2009. More money is budgeted for air fare in anticipation of the BRAC initiatives.
They will be flying to San Antonio, Texas, again in 2009, and will likely take other trips this
year to recruit people to come to Xenia. They are searching for ways to supplement their budget.
Last year they had a banner year in outside funding. They received $2,000 in donations in 2008,
which is not much, but they only received $200 in donations in 2007. They are always looking
at ways to partner with other people to extend their money to do a lot more advertising. Rather
than simply placing an ad in a trade publication, they would try to have a presence on websites
so they have year-round exposure to site selection. They partner with the Chambers of
Commerce and some private businesses to try to extend those dollars so they get “more bang for
their buck.”
Councilman Louderback asked if outside funding included grants. Mr. Brodsky said it could;
unfortunately, there are not a lot of grant programs available that would allow for the operations
of an economic development organization. When they are awarded grants, they are generally for
a specific project. Sometimes they can use a small portion of the grant money for administrative
costs, but not at an appreciable amount. They have and continue to solicit funds from area banks
and utilities because they directly benefit in XEGC’s activities. Obviously, if any business
moves to Xenia, the utility companies gain a new customer and banks have a chance to make
loans. In the past, they received some funding from those businesses, but given the current
economic environment, he does not hold out much hope that they will receive many donations
from them.
Councilwoman Felton asked if XEGC would receive any TARP (Troubled Asset Relief
Program) money. Mr. Brodsky said they can always ask for TARP money, but he was not going
to hold his breath. Any TARP money they receive will likely be targeted for specific projects.
Councilwoman Felton noted this morning it was announced that $30 to $50 million was targeted
for birth control and many more millions was allocated to plant grass at the mall.
Mr. Percival noted Mr. Brodsky worked closely with the city to apply for up to $300,000 in
Clean Ohio Assistance Fund (COAF) money to conduct a Phase II Environmental Site
Assessment (ESA) on the Hooven and Allison industrial complex. They also applied for $2
million for the actual cleanup. There may be an administrative component to that. Mr. Brodsky
said the $300,000 does not include an administrative component. All the “soft costs” would go
to the consultant who is actually doing the drilling, etc. Assuming they get some of the $2
million federal stimulus money, ten percent for administrative costs are sometimes allowed;
however, those funds can only be used for the time XEGC specifically works on that project.
Vice President Miller felt everyone benefits from economic growth but XEGC received only
$2,000 in business donations last year. Since Vectren or DP&L donated $35,000+ last year for
one little pet project, he wondered if the city and XEGC could write a joint letter stating they
would like to build a partnership foundation with all businesses, not just the utility companies
and the Chamber of Commerce. For $1,000 yearly, those businesses could get the partnership
link from our website to their website with a simple click of a button, which might generate some
revenue for some of those unexpected things that happen, such as a computer crashing or a new
UPS for a computer. They always have unexpected costs. He asked if XEGC ever considered
doing a partnership letter since they have limited funding. He asked if they ever thought about
having a sponsored partnership where XEGC offers some kind of marketing for the business.
The business would then make a two- or five-year commitment that they would pay $500 or
$1,000 yearly. If they got a commitment from just a few companies, that would triple what
XEGC raised last year.
Mr. Brodsky said at this time, they have not considered that, but website sponsorships are
certainly something they can explore. He was shocked when they received a check from DP&L
last year. Traditionally, DP&L stated they partner with the Dayton Development Coalition
(DDC) on a regional basis. As such, they cannot support every Economic Development
Organization in their territory, which is why they choose to put their dollars in a regional entity.
He felt DP&L was benefitting from doing that. He did not want to say that XEGC was not
receiving benefits from the Dayton Development DDC, because in some cases they do. They
receive quite a few leads through the DDC. As much as the DDC has expenses, so does XEGC.
The DDC counts on their local partners for help. They will be the first to tell you they are not an
Economic Development Organization in the traditional sense because they do not provide direct
services; they rely on their partners to do that.
Vice President Miller said they could start with local services, such as the Greater Dayton
Regional Realtors. That organization always seems to cough up money for politicians. They
should donate money for what will actually count in the long-term. He wondered if that should
be jointly investigated by XEGC and people on the XEGC Liaison Board. Mr. Brodsky thought
it was a good idea to try to get some sponsorships and it is something they could explore.
Councilman Caupp did not think the City of Xenia was a member of the Dayton Development
Coalition. Mr. Percival said that was correct. Mayor Pennewitt discussed that with him
yesterday. The cost for membership used to be $25,000, but it has come down and was $5,700
or $5,800 last year. It is something they need to reconsider. Councilman Caupp thought they
should have considered a membership when it was $25,000. He has talked with numerous
people that keep telling him a lot of federal dollars are handed out through the Dayton
Development Coalition. Mr. Brodsky agreed some federal dollars are funneled through the
DDC. Transportation related dollars are funneled through MVRPC. They do a leadership fly-in
through the DDC, which is where a lot of the other dollars are funneled. The DDC is a very
strong advocate for the entire region and has a process to prioritize projects for the entire region.
He felt being a member of the Dayton Development Coalition puts them in a strong position
when it comes to requesting federal dollars. Councilman Caupp was told Beavercreek was a
member of the DDC. Mr. Brodsky said Beavercreek, Fairborn, and Greene County are
members. Councilman Caupp said he was told that Greene County was our face on the DDC,
but they are not looking out for Xenia. Greene County does more for Beavercreek and other
places than they do for Xenia.
Mr. Brodsky said a lot of what the DDC does for Beavercreek and Fairborn revolves around
WPAFB and defense initiatives. Because of their proximity to WPAFB, it makes a lot of sense
for them to be members. Since Xenia is a 15-minute drive from WPAFB, there is no reason why
Xenia cannot reap some of those benefits as well. Councilman Caupp noted Beavercreek is
running out of land. Mr. Brodsky stated the city’s land is one-tenth of the cost of land in
Beavercreek around I-675. Councilman Caupp agreed. Mr. Brodsky said that was one of the
reasons why the Cornerstone Research Group decided to locate their business in Xenia; it is a
real value proposition for them. Vice President Miller said not only are taxes lower in Xenia, but
local services and utilities are also cheaper.
Councilman Caupp asked if XEGC was still considering a merger/partnership with the Chamber of
Commerce. Mr. Brodsky did not think they ever envisioned it as a true merger. Certainly there are
ways they can strengthen their partnership with the Chamber in order for both organizations to
reduce costs. They began that process but discussions were delayed when Barb Zajbel was
unfortunately diagnosed with cancer. Now that the Chamber has a new CEO, he would love to sit
down with him (Alan Liming) to discuss ways they can work together. Mr. Percival said Mr.
Liming already approached them about discussing ways they can share costs.
Mr. Percival said he would bring the proposal from the DDC to Council as an agenda item.
Councilwoman Felton objected – they are not done discussing it. Mr. Percival said that is why
he stated he would bring information back to Council for further discussion. Councilwoman
Felton said she has been there/done that with Ralph Harper and everyone knows how closely he
is associated with the downtown Dayton boys, which is the same “crew” on the DDC. One year,
they went after $18 million. Springfield did not want any money and Xenia wanted $1 million
so everyone put in a bid. When push came to shove, Springfield got a bunch of money
(millions), the City of Xenia got $300,000, and Dayton took the rest. She has seen that happen
with DDC numerous times, no matter what they say. Her only opposition to paying the
membership money is because she wants assurance that the city gets a reporting system to show
what the DDC would do for the city if they join. She does not want to just show that they are
members because this is funding the whole crew. Mr. Percival said they would ensure that the
proposal is very detailed. He assumed Mr. Leftwich (Lefty) would make a presentation to
Council to explain exactly what they would get for their money.
Councilman Caupp asked what the city got from DDC this year. Vice President Miller said the
city got contacts but no money. Mr. Percival said they would get assistance with applying for
federal grants. He did not think the city applied for federal grants this year. Mr. Merriman was
not aware of any applications for federal grants. Councilman Caupp thought it would be a good
expenditure if it costs the city $5,700 to join and it got $300,000 in federal grants. He spoke to
politicians who told him a lot of the federal dollars are disbursed through DDC. If the city is not
a member, they are not even in the conversation.
Councilman Louderback thought it was very simple. Congressman Dave Hobson took care of
Springfield and former Mayor Mike Turner took care of Dayton. As far as the politicians are
concerned, it is all pork money. Mr. Brodsky noted Congressman Hobson served on the
Appropriations Committee before his retirement, which allowed him to funnel money into his
region. He did not believe Congressman Turner served on that Committee. Mr. Percival stated
Congressman Turner wanted to be on the Appropriations Committee. Councilman Louderback
said he was referring to money Mike Turner appropriated when he was the Mayor of Dayton.
Mr. Percival felt it was more critical NOW for the city to have a strong voice in Washington,
D.C. because the one contact they had who could have spoken for them (Congressman Hobson)
is gone. He did not feel a Freshman Congressman had as much clout as Congressman Hobson.
Going through “the process” is more critical at this point than it was a year ago.
Mr. Percival said he would bring the proposal from the DDC to Council as an agenda item so
Council will know specifically what they will get for the cost of membership. Vice President
Miller said he did not have a problem if the cost was less than $6,000, as long as the city has a
voice on the DDC. He would like to attend one of the meetings. Mr. Percival said the players
have changed significantly over the last 18 months. Col. Ryan is now working for the DDC and
Jim Leftwich is the new President/CEO. Mr. Brodsky felt Mr. Leftwich brought a different
perspective to the DDC. For quite some time, they tried to get the former CEO to tour Xenia so
he would have a better feeling for our city, but they were never able to do that. They made one
phone call to Mr. Leftwich and then spent an entire day giving him a tour of the city so he would
have a greater appreciation of what Xenia has to offer. He felt the DDC was more open to
working with Xenia.
Councilman Caupp asked if Mr. Brodsky would be the contact person for Buxton. Mr. Percival
said he would also be a contact person. Mayor Pennewitt asked for clarification. Mr. Percival
said he has a proposal he would share later in the meeting as part of the budget discussion. He
talked with Mayor Pennewitt in May about hiring a group to look at our retail operations to
attract different retailers to the city.
Councilman Louderback asked if the Cornerstone Research Group had broken ground yet.
Mr. Brodsky said no; they will close on the property within the first quarter of this year. He
talked to Dr. Hood last week. Greene County has worked on the road. They are trying to
arrange a meeting with the County and Cornerstone engineers to discuss sewer and water laterals
and where the hook-ups need to be located. Councilman Louderback thought the closing was
supposed to be before Christmas. Mr. Brodsky said that was the estimated time frame; however,
the company is in the same situation as many companies due to the credit crunch. They will
need to get a little creative with financing. Mr. Percival said at the meeting yesterday, they
received a definitive answer about the road money. The company will not have to pay prevailing
wages on all the buildings just because some state funds were used for road construction. It was
defined one way, but in October the definition changed and nobody knew it. The business
finally got a definitive answer this week.
Councilman Louderback understood 40+ new jobs would be created. Mr. Percival said longterm, it is estimated there would be over 200 new jobs. Mr. Brodsky said the company estimated
40 new jobs would be created within the next three years. Dr. Hood shared that the company had
a bit of a downturn last year. For the first time in the company’s history, they did not grow at
40% or more; they only grew at 35%. Councilman Louderback thought that was a pretty good
growth in this economy.
Mr. Bazelak noted future funding for XEGC will dwindle in the next few years. They discussed
options for cutting costs. Property tax money or in lieu of money does not go away; it just gets
redistributed. Most of the money goes to the schools. XEGC’s economic development services
have also benefited the schools, Greene County, and everyone else. As Council discusses
matters with other officials, they also need to discuss funding for XEGC, even though the dollars
are distributed differently.
Councilman Caupp asked if Xenia Township contributed to XEGC. Mr. Percival said no.
Mr. Brodsky stated XEGC provides no services to Xenia Township. Most of XEGC’s
interaction with the Township is through annexation agreements where they annexed Xenia
Township property to the city. He was not discounting the possibility, but thought the Township
would want XEGC to extend their services to include the entire Township.
101 – Homeland Security/Risk Management (1229) – Mr. Price said the budget was
unchanged, with the exception of two line items.
Fund 101 – Homeland Security/Risk Management, Dept. 1229
Object Code Detail/Amount
53132
Medical Examinations – General @ $2,000 (reduced by $4,000 from 2008 – a decrease of
64.37%)
53405
Judgments & Damages @ $2,500 (decrease of 56%)
Mr. Price said object code 53132 covers second opinion exams following an accident. They
generally spend about $2,000 in that line item. Line item 101-1229-53405 was decreased by
56% based on actual expenditures. The line item covers property damage for which the city is
held liable; he noted $5,000 was budgeted in 2008. Mr. Percival said they also budget for
general liability damages; however, this line item is specifically for property damage accidents
for which the city is held liable. Mr. Price noted $10,000 is budgeted in the Police Division
budget for general liability damages.
53510
Garage Rent @ $2,409 (173.44% increase)
Councilwoman Mills noted garage rent doubled. Mr. Price said that line item could be removed
because his office is now located at City Hall.
Councilman Caupp thought garage rent doubled for all departments. He did not realize that was
a money maker. Mr. Percival said 15 years ago, the former Finance Director developed a
formula to calculate garage rent. Departments enter the numbers and the program calculates the
garage rent. Mr. Merriman noted many of the line items related to garage rent include higher
fuel costs, which will be reduced. Councilwoman Felton thought fuel prices would increase now
that the Presidential Election is over. Mr. Merriman said staff prepared the budget based on fuel
at $4/gallon, which now costs one-half that amount. Councilwoman Felton thought fuel costs
would increase within the next six months. Councilman Louderback agreed.
53772
Vehicle Repair – Municipal Garage @ $2,281 (21.39% increase)
Councilman Caupp asked what was included in 53772. Mr. Percival said it was for vehicle
repairs and fuel costs for the Chevy Lumina assigned to Mr. Price. Councilman Caupp said he
did not realize the city provided a car to Mr. Price.
Mr. Bazelak said since garage fees are an internal service fund, our auditors would prefer that the
balance from the charges not be too high. They are considering a reduction in the charges, which
will have a positive effect on our other operations, or refunding the money from the Garage Fund
back into the appropriate funds. That is not supposed to be a money making event; it is just an
internal service fund to cover the costs for services provided. Councilwoman Felton said they
can always juggle the money to make it come out the way they want it [to come out].
53930
Postage @ $500 (0% increase)
Councilman Caupp asked for an explanation for the increase in postage. He noted $78 was
budgeted in 2006; $122 in 2007; and $500 in 2008 & 2009. Mr. Price said $500 for postage is
budgeted in case they have to do a mass mailing.
Mr. Percival said significant decreases are reflected in some cost centers throughout the entire
budget due to the FEMA money and a reduction in Bureau of Worker’s Compensation premiums.
There was a $63,000 reduction in BWC savings due to the city’s safety programs, etc.
53141
Consulting – General Management @ $3,500 (0% increase)
53211
Online Services @ $8,000 (0% increase)
Councilman Caupp noted the above two line items almost doubled [$4,000 was budgeted in line
item 101-1229-53211 in 2007; $8,000 was budgeted in 2008 & 2009]. Mr. Price said Online
Services are for the CodeRed system. By contract, the city’s share is $8,000/yearly.
Councilman Caupp clarified CodeRed was the reverse 911 System. Mr. Price said that was
correct. Line item 101-1229-53141 is money allocated in the event the city has to appeal a
Worker’s Compensation claim.
Councilman Louderback asked if the CodeRed System included tornado warnings, or if it was
used during the recent windstorm. Mr. Price said no. Mr. Percival said they tried to use
CodeRed during the windstorm event; however, they were unable to use it because so many lines
were down. Councilman Louderback asked why it was not practical to use CodeRed for tornado
warnings. Mr. Price said it is impractical to use CodeRed because it takes 15 minutes to enter
the message and map out where the message will be sent; messages are not preprogrammed.
Councilman Louderback thought during the 1974 tornado, it took Channel 7 about 15 minutes to
broadcast the warning to Xenia from Dayton. Mr. Price said they used CodeRed a few years ago
following the flushing of water mains that resulted in dirty water. A year ago, they had used the
system for a hostage situation in Arrowhead when a number of neighbors wondered what the
SWAT team was doing in the area. By the time they set up the message, the SWAT team had
already extracted the suspect. Mr. Percival said they can map an area as small as a
neighborhood. Mr. Price said they can now map out a one block area. Councilman Louderback
asked if the CodeRed system could have been used to alert neighbors by Legacy Ministry about
the gas leak on that campus last week. Mr. Price said they could have used the CodeRed System
if Legacy Ministries had requested it. Mr. Percival said the gas leak was confined to the campus
and did not affect the neighborhood.
Councilwoman Felton thought they could have used the CodeRed System when there was a
chlorine leak recently in a trash removal truck at the Nazarene Church on W. Second Street.
Staff had to knock on all the neighbors’ doors in that Laynewood area warning them to either say
indoors or to evacuate. Mr. Percival agreed that would have been a perfect use of the CodeRed
System. Councilwoman Felton noted many people no longer have land lines and only have their
cell phones, but the city does not have the cell phone numbers. The CodeRed System will
almost be obsolete unless residents provide the city with their cell phone numbers.
Mr. Price thought information about the CodeRed System was still on Channel 5. They
requested people call him so he can enter their cell phone numbers if they do not have a land
line. He has to physically enter their cell phone numbers because the data base located in Florida
does not pick up cell phone numbers. Mr. Percival said as long as people provide their cell
phone numbers, they will be in the CodeRed System. Mr. Price said he would check with the
City Clerk to make sure information about the CodeRed System/cell phones was still running on
Channel 5. Vice President Miller said information could also be posted on the city’s website.
Councilwoman Mills referenced the CodeRed discussion. She works at Xenia High School and
has students regularly change their parent’s cell phone number because the parent’s phone ran
out of minutes and they had to get a new number. It could be very costly to update the system
with new cell phone numbers. Mr. Percival said there are no costs associated with updating the
data base [except the staff person’s hourly wage]. He noted his personal cell phone number was
previously assigned to someone who works at Brookville Schools. Every time Brookville
Schools has a snow day, he gets a text message in the middle of the night!
Public Service Maintenance (1441). Other than the line item for salt, Mr. Quinlan said most
line items have not increased. He noted salt prices have increased by 30%.
Fund 221 – Street Repair Division, Dept. 1441
54246
Salt @ $133,333 (17.08% increase)
Fund 221 – Street Repair Division, Dept. 1441
54230
Paving Materials @ $22,000 (18.14% increase)
Vice President Miller asked how much money was budgeted for pothole repairs. Mr. Quinlan
said part of the $22,000 was budgeted for pothole repairs. Vice President Miller thought the
$22,000 would be used by March or April. Mr. Quinlan said that is not generally the case. The
Water and Sewer Funds also pay for a lot of street repairs. Most of the large holes in streets are
due to water main breaks or sewer repairs, which would come out of the Water and Sewer Funds.
Staff is using the DuraPatcher and paver.
Councilman Louderback asked if the $22,000 was used for pothole repairs only. Mr. Quinlan
said the money could be used for street overlays where heavy trucks have pushed the road out.
Staff will dig out and repave those areas. Councilman Louderback asked where regular repaving
was included. Mr. Percival said that is shown under Fund 228.
Vice President Miller said he knows a couple of ladies that use wheeled walkers to get from John
Sale Manor to the traffic light at S. King Street/Main Street. He asked if staff could use the
DuraPatcher to improve the handicapped ramp. Mr. Quinlan said it takes a steady hand to use
the DuraPatcher and the machine must be set up just right. It is great for filling in a pothole, but
it is hard to use to get a flat surface. Vice President Miller said the ladies find it hard to use their
walkers due to the drop off from the curb/handicapped ramp to the street surface; the transition is
not smooth. Mr. Quinlan said it would be better to dig out the street 1’ or 2’ and put down
asphalt. There are other products coming out and other ways of changing the grade. The ADA
allows a drop of 1.5”; they will see if they can decrease the transition.
Mr. Percival said a large part of the funding for the city’s street maintenance and overlay
operations comes from the Gas Tax & Vehicle License, Fund 221. When the price of gas
increases, people drive less, purchase less gas, and the city gets less money for the Gas Tax.
They need to ensure they are vigilant in how they are funding these operations and keeping an
eye on the money as it comes in and goes out because those revenue sources are decreasing.
People may start purchasing electric cars or find other means of transportation but will still be
using the roads; however, our ability to fund the improvements will decrease.
Councilman Louderback asked how much total went to Gas Tax. Mr. Percival said the figures
show $800,000 total. They added the extra $5.00 fee in 1992 or 1993, which is how they fund
the 228 operations for the overlay, asphalt, and paving. Councilman Louderback asked how the
221 Funds are allocated. Mr. Percival said the money is disbursed monthly for a total of
$160,000 to $170,000 yearly.
Fund 221 – Gas Tax & Vehicle License
40110
Gasoline Tax – Excise @ $530,000
40111
Gasoline Tax – Cents/Gallon @ $260,000
40108
Motor Vehicle License Fees @ 215,000
Mr. Percival said they do not yet have a list of street repair priorities for 2009. Last year sections
of Rockwell Drive were resurfaced with a layer of polymer emulsion with shredded fiberglass.
He would like to evaluate Rockwell Drive to see how the surface did over the winter but he
would like to finish Rockwell Drive this year. He received several calls on Wimbledon Drive.
He drove on the road and agreed it definitely needed attention; however, part of the road has
been resurfaced. Councilwoman Felton thought there were worse streets than Wimbledon Drive;
however, it is a very busy street since it connects Lower Bellbrook to Commonwealth Drive.
Mr. Quinlan thought Spring Street also needed to be resurfaced. Mr. Merriman said all streets in
the city would be reassessed this year.
Councilman Caupp noted $2,000 less was budgeted this year than in 2008. Mr. Merriman said
the good news is that asphalt prices were substantially less than last year. Councilman Caupp
asked how they could budget another $100,000 for street repairs. The total budgeted is
$188,000. Vice President Miller said there was only one year when they doubled the street
repair budget; they transferred money from the Capital Improvement Fund.
Councilwoman Felton asked if they paid off the money for the Industrial Park. Mr. Bazelak said
no, which is part of the $180,000. Mr. Percival felt they need to decide how to get the most
“bang for their buck.” Mr. Merriman said staff would like to present a more comprehensive
strategy on a street repair program to Mr. Percival, which will look at street assessments and
other funding options that Council may choose to take. It is an enormous challenge for staff to
stay on top of the street repair program. This is not a 5- or 10-year fix but a 20-, 25- and 30-year
fix. During the process of rehabbing the old streets, staff must also maintain the new streets so
they do not run into the same problems. It is a very complex issue, both from a practical
standpoint (in terms of how they can do it) and a financial standpoint (in terms of how they can
afford it).
Councilman Louderback thought it was positive that the price of asphalt fell; they have the new
mill and fill that will repair 40% more streets; and there will be help for infrastructure repairs
from the federal government.
Mr. Percival said Miami Avenue will be a complete overlay hopefully using Issue II grant funds.
They will continue to try to get grants and other funding sources. If the city gets some of the
federal infrastructure money, he hopes the money is not funded through ODOT, but given
directly to the local community. If the money is funded through ODOT, ODOT will first use the
money for their projects. Yesterday, they heard the State of Ohio would get $2.2 billion for
roadways. Councilwoman Felton said $2.2 billion is not even close to what the State of Ohio
needs, according to CSPAN.
Mr. Merriman said the I-70/I-71 split in Columbus has been in the works for years. In 2006, the
initial estimate for that project was $432 million. They just announced that the final plan for this
one project would cost $1.6 billion; completion date is 2010.
Vice President Miller asked if there was any way to reuse the sand collected during street
sweeping for other projects. Mr. Quinlan said they are reviewing that. They estimated there is
currently 600 tons of sand on the street, which is a lot of sand. The collected sand can be used as
fill in certain off-road applications, but it cannot be used in right-of-ways. The chances of
reusing the sand are slim to none. Vice President Miller noted they were able to recoup some
money from the materials they recycled as mulch. Mr. Quinlan said the EPA used to consider
anything removed from the road as hazardous waste and had to be tested every year before it was
incinerated or buried in a landfill. If the load came back bad, it had to go to a hazardous waste
landfill. Now much of the waste goes to a general landfill; however, they are still restricted on
how sand can be used. It they can sift the sand to remove all the pop bottles and other debris, it
might have some valuable use somewhere.
Councilman Louderback asked where the sand is dumped. Mr. Quinlan said the street sweeper
debris is put into a dumpster at the Service Center and Rumpke hauls it to the Cincinnati landfill.
Mr. Quinlan said they are saving a lot of money on salt by putting down sand, as he shared in his
recent presentation before Council; however, there is still an end cost. If there is a way to reuse
the sand, they will.
Councilman Caupp suggested they use up the remaining road salt and stop using sand.
Mr. Merriman responded that they need to keep a reserve of salt for the 2009 winter months.
Councilman Louderback asked if streets were swept during the winter months. Mr. Quinlan said
very rarely. If the weather stays above 32 degrees for some time, they do street sweeping.
Councilman Louderback asked if they did street sweeping to protect the storm sewers.
Mr. Quinlan said partly, but the streets look terrible with all that sand. They will try to clean up
the downtown area next week. They can dry sweep the streets, but that is not as effective.
Councilman Caupp asked how long it took to do street sweeping. Mr. Quinlan said they do two
rounds of street sweeping for the entire city per year. The downtown area is done weekly on
Thursday and Friday evenings when they do their regular street sweeping. Councilman Caupp
asked how long it would take to clean up all the sand. Mr. Quinlan said the budget includes one
street sweeper to be on the road. They also have an old street sweeper that they kept to do
stormwater; it is still usable but needs to be refurbished. With two street sweepers, staff could do
the entire city in about two months. The more sand they can remove now, the better. Street
sweepers often have to dump their debris every ½ mile. Councilman Caupp thought the roads
looked terrible. Mr. Quinlan agreed.
Councilman Louderback asked when Miami Avenue was scheduled for repaving. Mr. Percival
said the Issue II money has not yet been awarded. Mr. Merriman said they expect to hear soon
but felt confident the money will be awarded to the city. Mr. Percival said the Issue II money
would be available in July but they cannot bid the project until after July 1st. Councilman
Louderback asked if “overlay” meant a complete reconstruction of the road. Mr. Percival said it
is proposed that the pavement be restored by using a full depth lime stabilization reclamation
process with three (3) inches of asphalt on the top for a wearing course.
Vice President Miller asked that the minutes summarize all the suggestions from XEGC, the
partnerships, etc., so everyone will remember what was discussed. Mr. Percival was certain the
recording clerk was capturing the highlights of their discussions.
Councilman Caupp asked where catch basins were shown in the budget and if catch basin repairs
would be contracted out.
Fund 614 – Stormwater Revenue Fund
54261
Catch Basins @ $55,000 (increase of 57.82%)
Councilwoman Felton asked Mr. Bazelak what the balance was in the 2008 Stormwater Fund.
Mr. Bazelak said at the end of 2008 the balance was $164,695.50 in the Operating Funds. Vice
President Miller asked how much they received per year. Mr. Bazelak said about $136,450.94 in
2008, which is what they projected based on fees.
Mr. Percival suggested they decide how many catch basins they would like to do in one year or if
they want to finance the cost of replacing more catch basins using an outside contractor. They
could ask for a bid to do three blocks one year and move forward from there. It appears to him
that is the most logical way to do it, and it is something they need to evaluate by spring.
Vice President Miller asked if they could do an RFQ for a 3-year contract for catch basins rather
than a one-time bid to do 10 to 20 catch basins. Mr. Quinlan said they do options on some
contracts; however, prices vary so much in the construction field. It would be very hard to find a
contractor who would commit to charging a set price per catch basin for the next three years.
They may bid $2,500 for 2009; $3,000 for 2010; and they may not wish to project a price in
2011 because they would have no idea what the costs would be. Councilman Caupp clarified it
costs $2,500 to replace one catch basin. Mr. Quinlan said that was the last bid they received;
obviously, the more you bid, the cheaper the price.
Mr. Merriman projected they will need to do a significant rate adjustment within the next few
years on stormwater fees due to increased costs. They feel it is more cost effective to contract
out catch basin replacements. Vice President Miller did not feel the $1.00 stormwater fee was
adequate when it was approved. If the EPA is making the city replace catch basins, then the city
must find a way to get that done. Mr. Merriman stated the city is significantly ahead of other
surrounding communities. Mr. Bazelak noted many of those present around the table worked
very hard to get what was approved.
Councilman Louderback asked how many catch basins there were in the city. Mr. Quinlan said
he did not know – maybe around 10,000. They did a catch basin inventory five years ago and
will do another inventory this year. They will try to repair/replace as many as possible.
Councilman Caupp asked if catch basins would be shown on the maps that the city is paying
$350,000 to have done. Mr. Percival said catch basins are not part of the sewer system, but once
they get the maps, they can overlay the stormwater on top of the sewer system, which is
something they want to do. Councilwoman Felton thought catch basins would be shown on the
County’s GIS system because it would indicate where the corners are located. Mr. Merriman
said someone has to literally code that into those maps, which can be done. Mr. Quinlan said
Engineering has aggressively done that with their in-house GPS system for most of the fire
hydrants, water valves, and catch basins. However, taking that information and putting it on a
map is a massive undertaking. Assistant City Engineer, Adam Ledbetter, is working on doing
that when he has time.
Mr. Merriman said until the requested adjustments to the pay sources this year, they were not
paying anyone out of this fund to do those things. From a maintenance perspective, no staff is
funded to do this. They are using maintenance staff that is funded from other areas to take care
of this.
Mr. Percival agreed they need one map that shows the water and sewer lines, the storm sewers,
and zoning so everything is overlaid on one map. Councilwoman Felton thought that
information was available on new developments. Mr. Percival said that was true. Mr. Quinlan
agreed but that only includes about 10% of the city. Maintenance staff knows in their heads
where all the catch basins are located; however, many maintenance staff will be retiring in the
next few years, so they will lose a lot of knowledge.
Vice President Miller asked who submits work orders to maintenance staff for problems related
to the City Building. He noted the faucets on the handicap sink in the men’s 2 nd floor restroom
do not work. Mr. Quinlan said he was not aware of that.
Councilwoman Felton asked when the City Hall elevator would be re-carpeted. Mr. Quinlan said
they are waiting for the Municipal Court to complete their carpet installation. Councilwoman
Felton said she would prefer to have tile in the elevator with a mat. Mr. Quinlan said they could
do that.
Councilwoman Felton asked if Xenia Station was on the spring cleaning list. Mr. Quinlan said it
is always on their spring cleaning list. The maintenance person does a general cleaning in the
restrooms daily but also has other duties. The employee is not at Xenia Station daily during the
winter months. Councilwoman Felton said she was asking about spring cleaning. Xenia Station
should be kept as a show place and clean.
Councilman Caupp said that goes back to people being held accountable for doing their jobs.
There are too many people in every department in this city that are not held accountable for the
jobs they do. For example, he went to Shawnee Park to eat lunch with his wife and children.
The park employee, who was picking up trash, had no idea he was a member of City Council. In
the hour he was at the Shawnee Park, the employee sat down four times to smoke cigarettes and
probably worked 10 out of the 60 minutes he was there. He was not a very energetic employee.
Mr. Quinlan said he cannot be everywhere at once. If anyone present sees an employee doing
that, call him at that time so he can figure out which employee it is. None of the regular park
maintenance employees smoke. Councilman Caupp said the employee was young. Mr. Quinlan
said he was probably a summer park employee.
Vice President Miller asked if there were security cameras at Xenia Station. Mr. Quinlan said
there are a few cameras inside the building but none outside. Mr. Merriman said they would
have to increase the bandwidth in order to have a live feed to the Dispatch Center. There would
also be an additional monthly charge that goes along with that bandwidth. They discussed
various options on increasing security. Until they can have a more constant presence at Xenia
Station, there will continue to be problems. Councilwoman Felton noted cameras could not be
installed in the bathrooms.
Councilman Caupp asked if there were still vandalism issues at Shawnee Park, as referenced in
the BRACA minutes. Mr. Quinlan said not at this time of year, but vandalism will probably
increase when the weather gets warmer.
ROUNDTABLE: Mr. Percival said when Council interviewed him for City Manager last year,
he discussed working with a company to do retail matching and a community profile. Once the
community profile is done, the company works with about 2,000 retailers in the United States
that have more than three sites. They find retailers that are successful in communities similar to
our community and will provide the city with letters of introduction explaining to the retailers
why they would be successful in Xenia. He worked with Buxton last spring. He approached
Greene County and Fairborn about helping with the costs; however, neither was interested. He
noted Councilman Louderback and Councilman Caupp received a proposal from Buxton while
attending the National League of Cities; however, they did not realize he had been working with
the company. He met with Chip Rogers of Buxton this week. He shared copies of the Buxton
proposal with Council that they developed last summer to provide services to the city. He
suggested they not use money from the General Fund but use money from Fund 233 (downtown
lease money); there is money available. This would definitely have a direct positive impact on
the downtown area. He felt this was important and will request that money for the membership
fee is included in the 2009 budget. He also received a proposal from the company that
developed the Downtown Revitalization Plan. That company wanted $75,000 to do the same
thing.
Councilwoman Mills asked if Buxton would be paid on a percentage basis. Mr. Percival said no.
Buxton would be paid for the service – they do not take a percentage. Vice President Miller
asked what would happen if Buxton is unsuccessful. Mr. Percival said nothing would happen.
Vice President Miller asked the price for the service. Mr. Percival said the initial cost is $25,000
when the city signs the contract [per page 21 of the contract]. Vice President Miller noted there
are two more installments of $20,000 and $10,000, respectively. Mr. Percival said they also get
SCOUT ®, which can be used for retail, industrial, or commercial. Initially, they get 12 retail
contacts and the city would pay for contacts over that amount. With SCOUT ® you can use the
Internet to enter any site in your city. It shows zoning, demographics, psychographics, and can
profile any site in your community. That information can be downloaded and forwarded to any
client with whom they are working.
Councilman Caupp clarified after the first year the city would have to pay $1,000 a month for
SCOUT ® for the next three years or be charged $3,000. Basically the city would be executing a
$36,000 agreement to have SCOUT® for three years unless they wanted to lose the $3,000.
Mr. Percival said he would have Mr. Lewis review the contract, which he has not yet done.
Councilman Louderback thought there was a waiver that does not require them to sign up for
SCOUT ®. Mr. Percival said that was correct. From his past experience, SCOUT ® would be
very useful for Mr. Brodsky and others to use to do recruiting. Councilman Caupp thought
SCOUT ® must be part of the company’s overall package or they would not provide it the first
year. Mr. Percival said it is just another incentive.
Councilwoman Felton said she would like to have time to review the materials.
Councilman Louderback said he was in favor of the contract with Buxton. He thought one major
contractor would more than help the City recoup the fees charged by Buxton. Mr. Percival noted
Montgomery County is successful using Buxton.
Councilman Louderback noted there would be another empty restaurant in Xenia when Bob
Evans moves to Progress Drive.
Mr. Percival noted on 06-26-08, Council approved a $40,000 low interest loan for X*ACT but
X*ACT turned down the money because they did not need the money due to their line of credit.
X*ACT presented a plan to finish their building and they need $5,000 to do that. He will
forward a copy of their proposal to Council this week for their review.
ADJOURNMENT: Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to adjourn
the Special Session at 11:58 a.m. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Xenia City Council
William R. Miller, Vice President
Xenia City Council
Summary of suggestions from XCC Special Session of 01-24-09
XEGC
Homeland Security/
Risk Management
Public Service
Maintenance
General
 Solicit donations from all businesses, not just utility companies and
banks.
 Search out grant, TARP, and other alternative sources for funding.
 Send a joint letter from the City/XEGC stating they would like to build
a partnership foundation with all businesses.
 Investigate creating Website sponsorship.
 Meet with the Chamber of Commerce to discuss a merger or
partnership in order to reduce expenses.
 Contact politicians for assistance with funding.
 Use the CodeRed System effectively.
 Ensure information on the CodeRed System is available on Channel 5
and the City’s website.
 Alert the public that Mr. Price will enter cell phone information to
ensure current residents’ numbers are included in the CodeRed System.
 See if the transition from the handicapped ramp to roadway at S. King
Street can be reduced (per Vice President Miller’s concern)
 Develop a priority list for street repairs.
 Review the comprehensive, long-term strategy for street repairs that
Mr. Merriman is developing.
 See if there are options for re-using sand picked up from the street
sweeper.
 Identify the locations of all catch basins.
 Discuss doing an RFQ for catch basin replacements (1 or 2 year
contract?)
 Repair the handicap faucets in the 2 nd floor men’s restroom at City
Hall.
 Replace the carpet in the City Hall elevator (with carpet or tile with a
mat)
 Invite the Dayton Development Coalition to do a presentation to City
Council.
 Review the Buxton contract.
 Review X*ACT proposal ($5,000 request) – Mr. Percival will forward
to Council.
February 12, 2009
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on February 12, 2009, at 6:30 p.m., in the
Miller, John Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and
Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Councilman Louderback, to meet in Executive
Session to discuss Personnel Matters. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
R. Miller, John Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt,
and Dennis R. Propes.
INVOCATION: Richard Boney, The Open Door Community Christian Prayer Place, gave the
APPROVAL OF MINUTES: Motion by Councilwoman Mills, seconded by Mayor Pennewitt,
to approve the January 22, 2009, Executive/Regular Session minutes as written. Brief comment
followed. President Propes said he would abstain because he was absent. The Roll on this was
the following:
Ayes: Miller, Caupp, Louderback, Mills, Felton, and Pennewitt
Abstain: Propes
Nays: None
motion carried.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to approve the January 24,
2009, Special Session minutes as written. Brief comment followed. President Propes said he
would again abstain because he was absent. He thanked Vice President Miller for chairing the
meeting. The Roll on this was the following:
Ayes: Miller, Caupp, Louderback, Mills, Felton, and Pennewitt
Abstain: Propes
Nays: None
motion carried.
SPECIAL PRESENTATION: Hidden Talent Records – Ben Shepherd and Alan King.
Alan King, 1075 Jasper Road, Xenia, noted his father was a member of City Council in the
1960’s. Mr. King said he opened Express Yourself Coffee Shop in 2004. When the downstairs
bar closed in 2006, he opened The Cavern, which is a non-alcoholic bar for all ages. Their goal
was to find something for kids to do and have a place for the community that is not affiliated
with any specific group, organization, or church – everyone is welcome. They have done some
cooperative shows with X*ACT, worked with the Rail & Arts Fest and other associations to try
to help the community grow. It was somewhat self-interest. He figured the better the downtown
area is, the better his business would be, which is the American way. In 2007, they opened
“Project Rock” which is a rock and roll competition between local area bands. This will be the
third year for “Project Rock.” The Gazette has written stories about the bands that perform every
weekend. Fifty to sixty kids attend the performances every weekend and have a nice time
without drinking or fighting. They get many compliments from parents for providing a safe
place for children to go and to have something do to. This year they branched out into “Project
Rap.” When he met Ben Shepherd a few months ago, he told him he did not have much time to
devote to the project, but Mr. Shepherd said he did, so he has taken the ball and run with it.
They are asking for Council’s support in any way they can get it.
Ben Shepherd, 268 E. Main Street, said he has lived in Xenia since age six. God Bless America
and City Council. He felt privileged to be here tonight. He can only imagine how difficult it is
for Council to make tough decisions. He is the CEO of Hidden Talent Records, which was
founded in Xenia. He decided to start a music movement in Xenia because music moves people
and has always been around since the Earth was formed. He did extensive research and surveys
with people in Xenia to see how people felt about the community and how they felt about his
music movement. Everyone was supportive of him working with hidden talent in the community
and in promoting them in shows. He recorded audios, made music videos, DVD’s, and
documentaries for all types of music. People told him there is nothing to do in Xenia. During
his research, he discovered that in the 1950’s, “The Funkadelics” performed in at what was then
Central High School. He would like to attract similar stars to Xenia. He has done some shows
with Lil Jon, a nationally known rap performer. He understood Xenia used to have a dance club
and a recording studio, as well as “Teen Night” at the YMCA. There used to be a lot of things to
do in this community. Now, he has noticed a lot of building in Xenia in the way of drugs store
on every corner. He wondered why no one was doing anything for the children in Xenia, such as
having a Xenia/Greene County Youth Center. When they heard the Greene County Pool will not
open this year, people wondered what children are supposed to do. Hidden Talent Records is a
non-profit organization whose mission is to give people some consistent activities to do in Xenia,
to deter the younger generation from the streets, and revive and rebuild the community so people
will have a more positive attitude about Xenia and themselves. He works with raw, hidden talent
doing promotions, development, recording live performances, and movies. This is the first year
for his latest event, “Project Rap.” It is a vehicle for young musicians in the Dayton/Xenia area
to perform in front of live audiences to develop creative and original new music and to learn the
difficult challenges and great rewards that surround music. It is a three round competition with
20 artists competing that started on February 7th. In order to attract artists, they found it
beneficial to offer prizes and rewards in the different levels of competition. Icon Stereos offered
free time, a local radio station agreed to announce the event and Family Video, The Submarine
House, the YMCA offered gift certificates, and many local merchants offered discount coupons.
He still needs money to pay for the top prizes for musicians in order to encourage attendance at
shows. He likes to give out door prizes so people can be involved in reviving the community.
Given the demographics, he believed they could deliver hip, young people between the ages of
15 and 30. He hopes Council can help them make “Project Rap 2009” a success and will take
advantage of this opportunity to further revive the community.
Councilwoman Mills asked how someone would contact Mr. Shepherd. Mr. King said
Mr. Shepherd could be contacted through his website www.ExpressYourselfCoffeehouse.com.
President Propes recognized State Representative Jarrod Martin, who is in the audience tonight.
Jarrod Martin said he just wanted to stop in to see how the City of Xenia was doing, check up on
City Council, and to let everyone know they are working hard in Columbus, where budgets are
also tight. That is the only thing going on – there are no other committee meetings, except the
Finance Committee. His door in Columbus is always open or citizens can call him on his cell
phone at (937) 475-2235. He always tries to make himself as available as possible to everyone.
Information for District 70 is available on the website, the e-mail address is
[email protected]. He appreciated Council letting him stop in to say “hello.”
Felicia Y. Chappelle, 284 N. Galloway Street, said she is a 40-year resident of Greene County.
The campaign brought on by Councilman Louderback and his close associates is the single most
destructive and fiscally irresponsible mismanagement currently operating in Greene County.
The recruiting efforts Mr. Louderback has launched on the backs of the disenfranchised clearly
demonstrates backwards and coercive miscomprehension coupled with deliberate malicious
intent and selfish design. His irresponsible misappropriation of the recess in the pockets of
America is misleading to the taxpaying, landowning citizens upon whom he lays false claim to
represent. This direct target fiasco launched by Mr. Louderback is actually criminal despite his
access to public record. His misinterpretation of the in-place system to protect access to water
usage is quite frankly something contrary to American pride. We should each be deeply
ashamed of this blatant display of ignorance. The ‘Louderback’ proposal is absolutely not the
path forward toward making thieves, cheats, crooks, and criminals accountable for their
misdeeds. I, for one, and the astute citizens of Xenia, are not confused about it.
Lloyd Combs, 1040 Gultice Road, Xenia, said he could not let this go without responding to it.
He has lived in Xenia for 53 years. He owns a house in the north end of town that he rented to a
young man. The tenant moved out in June and stated he was going to declare bankruptcy. He
left owing a $300 water bill, so he called the Water Department. The Water Department is one
of the finest and some of the best people with whom he has ever worked. He asked if the tenant
could make payments on his bill and they said he could. He called the tenant who said he would
take care of the bill. He was notified the water would be disconnected so he called the tenant
again. Once again, he said he would take care of the bill, but he did not. He decided he would
hire a lawyer and get back his money since he had already paid the delinquent water bill. The
first bill he received from the lawyer was $225. They went to court and he received a judgment.
The lawyer talked to the young man, who again stated he would pay, but the man never paid. He
then got another bill from the lawyer for $325. The other day, he asked the lawyer if he was
going to get him any money and he said he would get on it. Last week he received another bill
for $225. He now has an $800 lawyer bill for trying to collect a $325 water bill that he did not
make. The house was empty until October when he rented it to another young man, his
girlfriend and two children. He was there two months, got in trouble, and he had to evict him.
The other day, he got another water bill for $215. Now this house has cost him $1,300. How
can he survive as a landlord? (Audience applauded.)
Gary Geist, 1530 Union Road, Xenia, said he has been a landlord in Xenia for almost 16 years.
He has had to pay a number of water bills over the years. As he heard at a Council meeting a
few weeks ago, everyone is concerned with doing what is expedient as opposed to doing what is
right. What is right on this issue is that the people who run up the water bill should pay the bill.
He encouraged Council to do what is right and not what is expedient in this case. (Audience
applauded.)
Diana Stein, 377 N. King Street, Xenia, said she would like to express her appreciation to
Councilman Louderback in doing what she believes is a protection of property values. Every
dollar that a landlord has to spend to remediate, repair, reimburse, compensate, pay legal fees,
etc, is money that could have been invested in the property to increase the quality of
inhabitability, the curb appeal, and perhaps even the structural value of that dwelling unit. She
was pleased to see Representative Martin here this evening. She asked him to give her best to
Representative Louis Blessing, who has been addressing this exact situation in the State
Legislature. While they are looking at a particular local concern currently, it is really a
nationwide movement. She mentioned a community in New York where a multi-unit property
owner challenged his property value assessment and won his case. Locally, Deer Creek
Apartments currently has an assessed value of $265,593.68. She has no idea what the corporate
financial health of AM Management, Inc., in Iowa City, Iowa (the owners of Deer Creek
Apartments) happens to be; however, she can assure them that they, like other larger scale
property owners across the Nation, will be attacking the reduction in the assessed value to curtail
and limit the amount of property taxes they have to pay. The State of Ohio has revisited its
bankruptcy procedures, is revising foreclosure issues, and is permitting the retention of premises
after foreclosure when there is no owner to lien against. Consequently, this is more than
collecting an obligation from the property owner that was incurred by an individual. If Council
chooses to defeat this ordinance proposal, she would certainly advise them to start taking into
consideration what they are going to do so they do not get caught in a difficult situation.
(Audience applauded.)
Melinda Cooper, 171 Robert Lane, Xenia, said at the January 24th Special Session, a comment
was made that Xenia doesn’t want to encourage landlords – they want to encourage home
ownership. She thought there was a radical misunderstanding in making that statement. Council
needs to understand that if they did not have landlords purchasing properties and fixing them up
for rental properties, all they would have is slums. Laynewood was headed in that direction until
landlords started buying those properties and fixing them up. Xenia could have the same
problem Dayton has where a house can be purchased for $1.00 but nobody wants it. Council
needs to consider that when they look at this legislation and look at trying to penalize landlords
in any way, shape or form they can. Another comment was made that there were only 33 water
bills over $500. There should not be any water bills over $300. How many water bills are more
than $100 a month? She could not understand any situation where someone that was delinquent
in paying their water bill for three months did not have their water disconnected. The Water
Department staff has been cooperative in transferring delinquent water bills to tenants that
moved within the city’s jurisdiction. Staff has been cooperative in that manner, but for some
reason they have great difficulty in disconnecting water service when that needs to be done.
Regarding landlord’s making a profit, one month’s rent used to pay their real estate taxes, but it
now takes two months’ rent to pay real estate taxes. If Council thinks there is a lot of profit in
rental property, think again. Many landlords have houses listed for sale that they have been
unable to sell. They would love to dump those properties on another unsuspecting landlord, but
they can’t. (Audience applauded.)
Don Pennewitt, 1297 Joyce Drive, said he is not a landlord. Today is a common day of
birthdays. One of those born today was Abraham Lincoln, who he deeply respects. A few years
ago, a woman who he deeply loves, was also born on this day. He wished his wife, Mayor
Pennewitt, a “Happy Birthday.” (Applause followed.)
Alan King, 1075 Jasper Road, said he is a landlord and owns property on S. Detroit Street that
has one meter for two apartments, so he has to bill water with the rent. Landlords may have to
raise the rent $100 a month in order to pay the water bills. In this day of everything going green
and trying to keep our economy and ecology in line to conserve our resources, if landlords
included water in the rent, tenants would have no incentive to tell the landlord when the toilet is
running, when a water pipe breaks, or to take shorter showers. If they go to a water included
rent, which is the only other option Council is leaving them with if the ordinance is not changed,
a lot of water will be wasted. Please keep that in mind. (Audience applauded.)
Traffic Commission: Councilman Caupp announced that Mr. Terry Barlow’s term on
the Xenia Traffic Commission expired on January 8, 2009. Mr. Barlow served on the Traffic
Commission for part of 2008, and he has expressed his desire to be reappointed to the
Commission for a full four-year term.
Motion by Councilman Caupp, seconded by Vice President Miller, to reappoint Mr. Terry
Barlow to the Xenia Traffic Commission to a four-year term expiring on January 8, 2013. No
discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Councilman Caupp said he was told at the February XTC meeting that the Traffic Signalization
Project should be up and running and that someone from the software company was supposed to
train staff at the Public Service Center. Mr. Percival said that happened last weekend. President
Propes noted the project took longer than expected. Councilman Caupp agreed - it was supposed
to be completed last October.
Greene County Regional Planning Commission: Councilman Caupp said there was a
meeting scheduled but it was cancelled due to the snow storm. (Laughter followed.) President
Propes explained the reason they were laughing was because the Commission only met once last
year.
Board of Zoning Appeals: Mayor Pennewitt said in November 2008, Verdin “Vern”
Moll resigned his long-standing position on the Board of Zoning Appeals effective December 31,
2008. The City Clerk’s Office advertised the vacancy and solicited for applications on the City’s
government channel and the website. Only one letter of interest was received, which was from
Mr. Matthew Funk. She interviewed Mr. Funk on Monday, February 2, 2009, and feels he is
extremely qualified to fill the vacancy on the Board of Zoning Appeals.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to appoint Mr. Matthew Funk
to fill a vacancy on the Xenia Board of Zoning Appeals with a term expiration date of
December 19, 2010. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
ITEMS FROM CITY COUNCIL AND MAYOR: Emergency Ordinance Amending
Section 220.11 – Salary of City Council Members. President Propes said, in accordance with
the City Charter, members of Council are able to vote on a 3% salary increase every other year;
2009 is that year. He then entertained a motion to amend XCO Section 220.11.
Vice President Miller presented an ORDINANCE AMENDING SECTION 220.11 - SALARY
OF CITY COUNCIL MEMBERS OF CHAPTER 220 OF TITLE FOUR, ADMINISTRATIVE
CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA, OHIO, BY
ADJUSTING THE SALARY OF MEMBERS OF THE XENIA CITY COUNCIL, AND
DECLARING IT TO BE AN EMERGENCY.
Motion by Vice President Miller, that the rules requiring the reading of an ordinance at two
consecutive meetings be dispensed with and this ordinance be placed at once upon its passage.
Motion died for lack of a second.
Mayor Pennewitt said she personally did not plan to vote for approval of the ordinance to
increase her salary since the City is in such dire need of funding and because the Replacement
Levy recently failed. She felt the rest of Council felt the same way. Councilwoman Felton said
she felt the same way. (Audience applauded.)
Councilman Louderback said he did not feel they could ask citizens to make sacrifices. Council
must lead by example. He noted he was the only member of Council who did not support the
levy increase because he thought the city could get along without it. He does not think they
should be raising taxes just because they can. There has been some confusion about that. He
will not support a Replacement Levy; he will support a Renewal Levy, which means no new
taxes. (Audience applauded.)
OLD BUSINESS: None.
Rejection of Bid for Master SCADA Controls Upgrade. Mr. Percival said on
January 28, 2009, a single bid was opened for the Master SCADA Controls Upgrade: Construction
and Installation 2008 project. The budgeted amount for those improvements was $250,000, and
the single bid received was over $800,000. At this time staff is requesting that the single bid be
rejected. In order to discover why the bid amount exceeded the budgeted amount, staff will be reevaluating the scope of the project and communicating with the design consultant.
Motion by Mayor Pennewitt, seconded by Councilman Caupp, to reject the bid for the Master
SCADA Controls Upgrade: Construction and Installation 2008 project. No discussion followed.
Nays: None
motion carried.
Introduction of a Resolution to transfer funds from the CDBG Housing – CHIP
Program Revolving Loan Fund into the CDBG Downtown Revitalization Program Income
Revolving Loan Fund. Mr. Percival respectfully requested that Council introduce a resolution
to transfer funds in the amount of $332,792.00 from the CDBG Housing Revolving Loan Fund
to the CDBG Downtown Revitalization Program Income Revolving Loan Fund, and
acknowledge the appropriation of $339,846.00 for the implementation of downtown projects.
This is money they collected as Program Income over the last ten years. On September 26, 2008,
the City received a “waiver request approval” from the State of Ohio for $332,792.00 to be
transferred from the CDBG Housing Revolving Loan Fund into the CDBG Downtown
Revitalization Program Income Revolving Loan Fund for downtown revitalization programs to
include the Façade Loan Program, wayfinding signage implementation, downtown revitalization
programming, and rehabilitation. The biggest portion ($200,000) will go toward funding the
Façade Loan Program.
Councilman Caupp introduced a RESOLUTION TRANSFERING FUNDS FROM CDBG
HOUSING PROGRAM INCOME REVOLVING LOAN FUND TO THE CDBG
DOWNTOWN REVITALIZATION PROGRAM INCOME REVOLVING LOAN FUND, AND
ACKNOWLEDGING THE APPROPRIATION OF THOSE FUNDS FOR DOWNTOWN
REVITALIZATION PROJECTS, and it was read for the first time.
Emergency Resolution to apply to the State of Ohio for the FY 2008 Tier One:
Downtown Revitalization Planning Application. Mr. Percival respectfully requested emergency
passage of a Resolution authorizing him to submit an application for $15,000 in grant funding for
the FY 2008 Tier One: Downtown Revitalization Planning grant application for a Comprehensive
Wayfinding Signage Plan that is due to the State of Ohio in mid-February 2009. Tier One grant
money was used to do a Downtown Strategic Plan for the City. Several priority recommendations
of that plan were for the City to hire a graphics/environmental graphics/planner to conduct a
comprehensive wayfinding signage plan for the downtown. The State of Ohio has indicated that
the City of Xenia must submit its application for the Tier One Planning Grant as soon as possible
in 2009 in order to realistically have a chance to receive the $15,000 planning grant due to a
shrinking pool of funding, which is why staff requests emergency passage.
Vice President Miller presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR A COMPREHENSIVE WAYFINDING SIGNAGE PLAN
FOR THE FISCAL YEAR 2008 TIER ONE: DOWNTOWN REVITALIZATION PLANNING
GRANT THROUGH THE COMPREHENSIVE DOWNTOWN REVITALIZATION
PROGRAM FUND AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT OF
DEVELOPMENT, AND DECLARING IT TO BE AN EMERGENCY.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that the rules requiring the
reading of a resolution at two consecutive meetings be dispensed with and this resolution be
Councilwoman Felton noted this resolution and the previous resolution mention the wayfinding
signage plan. Mr. Percival said they would use both pots of money for wayfinding. This
resolution is a grant that will help fund the overall project that will be more than the $15,000
planning grant. The money they are using from the program income will also be used for
wayfinding signage. Councilwoman Felton noted the agenda report shows the following figures:
Account #
Source
Grant from CDBG Formula
(Consulting, General Management)
Grant (Consulting General Management Tier 1
$10,000
$15,000
City of Xenia Match
Total for Downtown Plan:
$ 5,000
$30,000
FY 2008 CDBG Formula
Allocation
FY 2008 CDBG Tier One
Downtown
Revitalization
Planning Application
General Fund
Councilwoman Felton asked what was needed in 2009. Mr. Percival said the project would be
completed in 2009, but it is 2008 money they are using to complete the project. He noted in June
2008, City Council passed a motion to commit $10,000 in match monies from their annual
formula allocation of $113,000 and $5,000 in general revenue for the FY 2008 CDBG
Comprehensive Downtown Revitalization Program – Comprehensive Wayfinding Signage Plan
Tier One funds grant application. This planning allocation was approved by the state in the fall
of 2008 and is an approved expenditure in the 2009 city budget.
Councilwoman Felton asked if the city would be required to spend any more money.
Mr. Percival estimated the total cost for the project would be $90,000 to $95,000. They would
use the $15,000 Planning Grant that must be matched one-for-one, leaving $5,000 more for the
city to provide, as well as a portion of the funds that were transferred tonight from the CDBG
Housing CHIP Program Revolving Loan Fund into the CDBG Downtown Revitalization
Program Income Revolving Loan Fund. Councilwoman Felton clarified the city would spend
$90,000 on this program. She asked the total grant amount. Mr. Percival said the total grant
would be $15,000. He estimated the city might spend about $70,000. Hopefully, the city will
not spend $70,000 because they are currently working with Greene County who wants to help
fund the wayfinding. Councilwoman Felton stated she did not think the city had money for that
kind of stuff.
Ayes: Miller, Louderback, Mills, Pennewitt, Propes, and Caupp
Nays: Felton
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 09-C
Ayes: Miller, Louderback, Mills, Pennewitt, Propes, and Caupp
Nays: Felton
motion carried.
Emergency Resolution to enter into a Joint Cooperation Agreement and
Subrecipient Agreement with Greene County for Neighborhood Stabilization Program
funds. Mr. Percival said in January, they were made aware that Region 15, made up of Greene,
Clark, Xenia, and Fairborn, with lead entity Greene County, had been authorized to obtain
funding of up to $1,970,355 with approximately $450,000 to be available to the City of Xenia for
the Neighborhood Stabilization Program (NSP). NSP funds may be used for the following types
of activities:



Residential Development – providing homeownership opportunities to households with incomes
at or below 120% of AMI and the improvement and reuse of vacant and abandoned properties
(and may include either the demolition of, or rehabilitation of, vacant and abandoned residential
property).
Affordable Housing Rental Initiative – to encourage nonprofit organizations and public
housing authorities to rehabilitate vacant and abandoned residential property as rental
opportunities for households with incomes at or below 50% of the area median income. (This
part of NSP will be handled by the Ohio Housing Finance Agency through their tax credit
programs, and will not be likely to affect Xenia, Ohio.)
Land Banks/Demolition – The demolition of blighted residential structures and/or the
establishment of land banks, including the acquisition of residential property in many cases.
Mr. Percival said they had to decide in which targeted neighborhoods the funds would be used.
These funds are to be used to improve neighborhoods by purchasing and redeveloping
abandoned and foreclosed properties, establishing land banks and demolishing blighted
structures, which has not been available for a long time. This money will also allow them to do
work in areas of the city that were prohibited from receiving CHIP funds in the past. Most of the
past money was only targeted for properties in the east end of Xenia. In this grant, money was
targeted for the Laynewood Subdivision so they can start making some impact. The money can
only be used for the three purposes mentioned above.
Mr. Percival respectfully requested that Council pass an Emergency Resolution authorizing him to
enter into a Joint Cooperation Agreement and Subrecipient Agreement with Greene County, Lead
Agency for Region 15, for the purposes of securing “Neighborhood Stabilization Program” funds
and for the acceptance of funds through this program. The reason this is an emergency is because
it must be submitted to the State of Ohio by February 27th. Staff just learned about it in January but
has not yet received the Joint Cooperative Agreement from the State of Ohio. He discussed this
with Mr. Lewis, who stated he would be able to review the agreements once received so they can
move forward. They do not yet have the Joint Cooperation Agreement or Subrecipient Agreement,
which will probably not be received until after the program is well on its way.
Vice President Miller presented a RESOLUTION AUTHORIZING THE CITY MANAGER
FOR THE CITY OF XENIA TO ENTER INTO A JOINT COOPERATION AGREEMENT
AND A SUBRECIPIENT AGREEMENT FOR THE PURPOSES OF SECURING AND
RECEIVING “NEIGHBORHOOD STABILIZATION PROGRAM FUNDS” UNDER THOSE
AGREEMENTS, AND DECLARING IT TO BE AN EMERGENCY
Motion by Vice President Miller, seconded by Councilwoman Mills, that the rules requiring the
Councilwoman Felton asked if the motion could be amended to include expedient legal approval
of those agreements. Vice President Miller said yes. Mr. Percival stated he did not have a
problem with not moving forward if Mr. Lewis was not happy with the agreements.
Councilwoman Felton said the agreements just may have to be amended, rather than agreeing to
sign whatever is sent. Mr. Percival said that was fine. Vice President Miller agreed.
Vice President Miller asked who was dragging their feet – was it the state, county, or federal
government. Why is the deadline here and why didn’t we know about it? Mr. Percival said the
State of Ohio was not notified until January, and the first meeting was held the third Friday in
January. No one got any information until January; he did not know why. There are no written
agreements yet with anyone. Vice President Miller thought somebody dropped the ball.
The Roll on this as amended was the following:
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, that Resolution Number
09-D be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Items for the City Manager:
Birthday.”
Mr. Percival wished Mayor Pennewitt a “Happy
Emergency ordinance amending Part Ten – Streets, Utilities and Public Code, Title
Four: Utilities, Chapter 1040 to change the monthly penalty amount from 10% to 5% and
Part Two – Administration Code, Title Twelve: Fees, Chapter 298 to change the fee name
“Reconnection Charge” to “Disconnection Service Fee” and Amend the Utility Billing
Rules and Regulations. Mr. Bazelak said his first item was tabled at the January 22, 2009,
Council meeting. This item basically deals with reducing the monthly penalty for delinquent
utility bills from 10% to 5%, includes some related changes to the Utility Billing Ordinance
regarding policies and procedures, as well as some changes to the Utility Billing Rules and
Regulations, and changes made on dealing with the collection process that were discussed over
the last few months. Council first needs to untable the motion and retable it if Council does not
desire to discuss it this evening, or they can untable it and the action requested can be discussed
this evening. He noted he and his Accounts Receivable Manager, who is present this evening,
would be happy to answer any questions Council may have.
Motion by Councilman Caupp, seconded by Councilwoman Mills, to remove from the table the
motion to pass an Emergency Ordinance amending XCO Chapters 1040 and 298 to decrease
monthly penalty amount and amend the Utility Billing Rules and Regulations. No discussion
Nays: None
motion carried.
The motion on the floor from the December 30, 2008, City Council Meeting is as follows:
Councilman Miller presented an ORDINANCE AMENDING PART TEN – STREETS.
UTILITIES AND PUBLIC SERVICES CODE, TITLE FOUR -- UTILITIES, CHAPTER 1040
AND PART TWO – ADMINISTRATATION CODE, AND TITLE TWELVE: FEES,
CHAPTER 298 OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA TO REDUCE
THE MONTHLY PENALTY, AND DECLARING IT TO BE AN EMERGENCY.
Motion by Councilman Miller, seconded by Vice President Mills, that the rules requiring the
Vice President Miller said this ordinance [and the Utility Billing Rules and Regulations] was
originally requested and reviewed by all members of Council. Landlords and many of those in
the audience were allowed to share their comments. He currently has comments from one
landlord for a possible solution that he would eventually like the Law Director to peruse to
ensure it is legally correct. He did not object to the ordinance [and the Rules and Regulations] as
written because they have moved by leaps and bounds forward compared to where they were one
year ago with the record and policy changes, and current hook-up procedures for renters and
homeowners. He respectfully requested the ordinance be passed, as is, and move on to the other
two ordinances Councilman Louderback presented and introduced at their January 24, 2009,
special session to see if some of the issues can be resolved tonight. One of the issues is the
question of who is ultimately responsible for the delinquent water bill. He did not think
everyone would be happy with whatever is decided. Landlords, renters, the city, and most likely
some members of Council will not be happy with the outcome. He has always had a problem
with shifting the responsibility to the city. To him, it would be an $85,000 unfunded mandate
that the city has to absorb when we can’t pave our roads, can’t pick up leaves like in the past, and
must now mix sand with salt. Money is tight in every single aspect for every single person and
every single business, whether it is a public or private entity. At this time, it would be difficult
for the city to possibly absorb another $85,000 expense. He respectfully requested the ordinance
be passed, as written, and then see what can be done with the other two ordinances Councilman
Louderback introduced.
Councilman Caupp said he made a motion to table the original motion due to the fact that he had
spoken to some audience members, several landlords who lived out-of-state, and numerous
citizens on the other side of the fence who thought landlords should be responsible for their bills.
He spoke to citizens on both sides of the fence. He was concerned about abuse of the system and
people manipulating the system to get water reconnected and people who run up water bills.
Those are the issues he wanted to see addressed and corrected in the system to help protect the
landlords, so water bills were not allowed to escalate and so they would have the ability to have
the water shut-off, and to allow no extensions on their properties. All those items that concerned
him are now in place. The Utility Billing Department has changed their procedures on what a
tenant needs when they sign-up for water. He did not believe people would now be signing up
for water in their sister’s or mother’s name, etc. The city has a contract with a collection agency
that has a fairly good record of collecting uncollectable debts. That agency will go after the
renter (since the water bill is in the renter’s name) as soon as the bill is overdue. He felt changes
have been made to help protect landlords from large delinquent water bills. He was comfortable
with passing the ordinance as written. He believed they have done some good things that will
protect the landlords.
Councilman Louderback said he was very happy with the changes the city has made. He did not
understand how this issue was blown out of proportion and became a landlord/tenant issue.
Later in the meeting, Council may vote on two ordinances he introduced that change the
wording. The current wording states “property owner” not landlord. Property owner means
every property owner in Xenia. He spoke to many young couples who are first time
homeowners and spent all the money they had on their down payment and closing costs. After
being in their new home for one month, they get a water bill from the city for up to $1,000.
That’s a property owner issue. He also hears from the baby boomers that downsize, move into a
smaller houses, and the same thing happens to them. For whatever reason, someone did not pay
their bill and the new owners get stuck with the bill. It is much more than a landlord/tenant issue
and he did not know how it got blown out of proportion. He is happy with the changes the city
has made and he will be voting “aye” on this ordinance. His ultimate goal is to amend the
current ordinance to make the individual or entity who requests the utility service responsible for
payment, not the property owner. He has heard both sides. He has received threatening letters
and phone calls. He did not think people really understand. People think their water bill will
increase. Only Council can vote to increase water rates, not city staff. On January 10, 2008, all
members of Council voted for a water rate increase that was supposed to take them through the
year 2009. He then read from the Finance Director December 3, 2008, Financial Report that
stated, “The City Council approved rate increases effective January, 2009, to cover the expenses
for the water and sewer funds for 2009.” Although he can’t answer for the rest of Council, but
don’t come to him for a water rate increase. What happened when they gave them the increase?
The City of Xenia had the 15th most reasonable water and sewer rates. After the increase was
approved, the city went to number 31 out of 64 entities. He did not know about the rest of
Council, but he was not proud of that. He would like the city’s water and sewer rates to be
competitive. There is a misnomer that somebody is going to raise their rates, but he could tell
them right now it is not going to be him. His dad taught him right from wrong, to live by the
Golden Rule, and what’s fair and what’s unfair. This is grossly unfair, which is the only way he
can describe it. If Council thinks somebody should be responsible for someone else’s bills, they
are wrong. (Audience applauded.)
Mayor Pennewitt thought when someone purchases property, someone should be responsible for
checking the outstanding debts for that property. She asked why someone would close a loan on
a property if you had not checked to see if there were outstanding debts for that property.
Ms. Bazelak said there was a current motion on the floor for passage of an emergency ordinance
amending Part Ten – Streets, Utilities and Public Code, Title Four: Utilities, Chapter 1040 to
change the monthly penalty amount from 10% to 5% and Part Two – Administration Code, Title
Twelve: Fees, Chapter 298 to change the fee name “Reconnection Charge” to “Disconnection
Service Fee.” President Propes asked if another motion was needed. Mr. Bazelak said yes;
another motion was needed to amend the Utility Billing Rules and Regulations.
Nays: None
motion carried.
Motion by Councilman Caupp, seconded by Vice President Miller, that Ordinance Number
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Caupp, to amend the Utility Billing
Rules and Regulations as presented. Discussion followed. President Propes explained this
motion would allow the Finance Director to put into effect the rules and regulations for the
ordinance that was just passed.
Councilwoman Mills thanked the Water Department staff for working so hard to develop the
proper procedures and for helping everyone involved, including the landlords, the citizens, and
Council members, so they have a better understanding when they make these decisions.
On behalf of the Utility Billing Department, Mr. Bazelak thanked Council. He also thanked the
audience members who shared positive comments about the Utility Department, which can be a
very difficult and stressful job at times. Those comments are very much appreciated.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, to approve payment of bills
totaling $353,082.98. Discussion followed.
Councilman Louderback objected to the following expenditures:
Page 7 – Dayton Parts Company for $2,285.31, and Dayton Stencil Works Company for $20.95.
Page 16 – Regal Forms Inc. for $544.00.
Page 17 – Staples Business Advantage for $849.85.
He then read an article from the Andersonville Study of Retail Economics regarding keeping
money local:
For every $100 in consumer spending with a local firm, $68 remains in the local economy.
For every $100 in consumer spending with a chain firm, $43 remains in the local economy.
For every square foot occupied by a local firm, local economic impact is $179.
For every square foot occupied by a chain firm, local economic impact is $105.
Over 70% prefer to patronize locally-owned businesses.
Over 80% prefer traditional urban business districts.
Local merchants generate substantially greater economic impact than chain firms.
Replacement of local businesses with chains will reduce the overall vigor of the local economy.
Changes in consumer spending habits can generate substantial local economic impact.
Great care must be taken to ensure that public policy decisions do not inadvertently disadvantage
locally owned businesses. Indeed, it may be in the best interests of communities to institute
policies that directly protect them.
Councilman Louderback said ever since he was elected, he has been preaching “Buy Xenia.” He
realizes some people are getting tired of hearing that, but he will continue to support local
business. It would be nice if he had one member of Council support him.
Mayor Pennewitt said she has been on City Council for 9½ years, and she has been preaching
“Buy Xenia” for 9½ years – he is not alone. Vice President Miller noted former Councilman
Larry Gordon also supported “Buy Xenia.” Councilman Louderback said he would encourage
Mayor Pennewitt to vote ‘nay’ on the Schedule of Bills. Mayor Pennewitt asked she could vote
‘nay’ on all the other items that they would ordinarily pass just to simply take a stand. She asked
Mr. Bazelak for an explanation of the process when they purchase products within or outside the
City of Xenia – what determines that decision?
Mr. Bazelak said it depends on what she is referencing. Obviously, there are competitively bid
items that generally cost more than $7,500. Regarding items on the Schedule of Bills, staff is
encouraged to get competitive quotes and they encourage local purchasing of goods and services
when it is in the best interest financially for the city to do so. Mayor Pennewitt asked what
guideline staff uses. The material and quality must be good and the delivery date is important.
There is a list of things one uses to determine where to purchase the products. She asked if it
was permissible for an employee to purchase goods from an “outside” vendor if the selling price
is 10% less than a vendor inside the City of Xenia. Mr. Bazelak said yes. In fact, there is no
local preference ordinance in place. There used to a Greene County preference ordinance years
ago to use businesses in Greene County if their selling price was 5% greater or less, but that was
repealed a number of years ago. Mayor Pennewitt said she hopes staff considers more than just
costs when deciding where to purchase a certain product. Mr. Bazelak assured Mayor Pennewitt
that staff did that.
Councilman Louderback said he did his homework and has spoken to every business in Xenia.
Local businesses state they will match or beat the prices. We have been talking about this for
over a year. City staff knows local businesses will match or beat the prices, so why do we keep
discussing this week after week. If Council does not pay the bills, they will get someone’s
attention. They will keep jobs in Xenia and they will keep this city alive—and not cater to
Beavercreek.
Ayes: Miller, Caupp, Mills, Felton, and Propes
Abstain: Pennewitt
Nays: Louderback
motion carried.
Mayor Pennewitt said she abstained because she serves on the Board of the Xenia Adult
Recreation and Services Center.
Mr. Lewis presented a
RESOLUTION AMENDING THE XENIA EMPLOYEE BENEFITS POLICY STATEMENT
EBM-3.10 – HEALTH INSURANCE, and it was read for a second time.
Motion by Councilman Louderback, seconded by Vice President Miller, that Resolution Number
09-E be now passed. Discussion followed.
Councilwoman Felton asked how much money would be saved based on this resolution, and the
fact that they are trying to be fiscally responsible by passing the resolution to offer different
insurance options for employees. Mr. Merriman said with the rates they received this year,
$180,000+ would be saved, plus depending on the number of employees who switch from an
HMO program to an HSA program, there would likely be additional savings of a few hundred
dollars per employee. Councilwoman Felton said she just wanted people to know they were
trying to cut costs and do things they can along the way. Mr. Merriman said they worked very
hard on the issue this year, and he believes it will pay off.
Ayes: Miller, Louderback, Mills, Felton, Pennewitt, and Propes
Abstain: Caupp
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 1040.03 RESPONSIBILITY
TO PAY UTILITIES BILL OF CHAPTER 1040: UTILITIES BILLING OF TITLE FOUR:
UTILITIES, and it was read for a second time.
Motion by Councilman Louderback, seconded by Councilman Caupp, that the above-read
Ordinance be now passed. No discussion followed. The Roll on this was the following:
Ayes: Louderback
Nays: Miller, Caupp, Mills, Felton, Pennewitt, and Propes
motion failed.
Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 1040.06 LIENS FOR UNPAID
UTILITIES BILLS OF CHAPTER 1040: UTILITIES BILLING OF TITLE FOUR: UTILITIES,
and it was read for a second time.
Motion by Councilman Louderback, seconded by Councilman Caupp, that the above-read
Ordinance be now passed. Discussion followed. President Propes said he would vote ‘nay’ on
both ordinances because he thought the changes made earlier in the evening will rectify a lot of
the problems that exist. If it does not, they can definitely revisit it in the future. He would like to
see how the changes work before making any other changes.
Councilman Caupp said he told several landlords that Council would look at the changes made
and readdress them in one year to see if the changes helped curb the problem. The Roll on this
was the following:
Ayes: Louderback
Nays: Miller, Caupp, Mills, Felton, Pennewitt, and Propes
motion failed.
READING OF COMMUNICATIONS AND DISCUSSION: Councilwoman Mills wished
everyone an enjoyable three-day weekend and enjoy their Valentine’s Day. Someone made her
aware of “Single Awareness Day,” so think of those who might have lost a loved one or do not
have someone with whom to celebrate Valentine’s Day.
Councilman Louderback wished Mayor Pennewitt a “Happy Birthday.” He noted the Xenia
High School basketball girls team record is 17 and 1 and the team is ranked 10th in the state. He
encouraged everyone to go out and watch this great team. There will be a new Bob Evans
Restaurant located next to Applebee’s Restaurant. It will be the first prototype store in the
country, although he did not know exactly what that meant. President Propes said typically
prototype stores test new dishes and equipment. It should be the latest and greatest stuff Bob
Evans would like to institute. Councilman Louderback thought the new restaurant might be
more like a Cracker Barrel with a gift shop. President Propes said that might be part of the
prototype.
Councilman Caupp had nothing further to share.
Vice President Miller said “Go U.D. – Thank you for beating Xavier – that makes my day.” He
wished his loved ones and wife a “Happy Valentine’s Day.”
Mayor Pennewitt sent get well wishes to her son, Rock, who is in the hospital. They missing
seeing his smiling face and they love him.
President Propes wished Mayor Pennewitt a “Happy Birthday” and a “Happy Valentine’s Day”
to his wife and their three little girls.
Councilwoman Felton reminded those that need them to purchase the digital converter boxes
soon or they will be unable to watch Channel 5 or other channels. She has been pretty ticked off
at Greene Memorial Hospital over the last few years, and particularly, Mike Stephens, the CEO.
Now Kettering Health Network will build a hospital in Beavercreek and take all the beds from
Greene Memorial Hospital. So now Mr. Stephens is leaving – good riddance. She has not seen
him do a thing for Xenia; they all pay taxes that go to Greene Memorial Hospital. She has no
problem with the care at Greene Memorial Hospital—that is not an issue. Mr. Stephens kept
telling them they would have a “substantial presence.” No matter how much they challenged
him on that issue, he would not share more. When she called to pay her bill for Kettering
Hospital, the first thing they asked was if her bill was from Kettering Hospital or Greene
Memorial Hospital. Someone called the other day and talked to Greene Memorial Hospital’s
billing personnel in Connecticut. Everyone is pitching the jobs out of town. If you want to talk
about in-town jobs, let’s talk about jobs in the United States. Let’s talk about hiring legal
immigrants and citizens. Let’s leave the e-filing alone. She tried unsuccessfully to talk with
someone at the White House. She talked to Senator Brown’s office. They’re going to cancel it.
Just give the jobs to anybody. She was sorry, but if they’re illegal, go home. If you want to be a
U.S. citizen, apply for citizenship. She does not object to people coming to this country but do it
legally. We have problems with gangs coming from Mexico into Texas. We have problems –
let’s protect our own citizens with laws that work, not by purchasing guns. She is supporting the
economy because she bought a new television that she loves. She wished everyone a “Happy
Valentine’s Day.” Xenia is a great place to live and it is a good city. Everyone tries to do their
best and to stay within the budget.
ADJOURNMENT: Motion by Councilwoman Felton, seconded by Vice President Miller, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
February 26, 2009
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on February 26, 2009, at 5:30 p.m., in the
Dennis R. Propes.
Motion by Councilman Caupp, seconded by Councilman Louderback, to meet in Executive
following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
INVOCATION: Greg Couser, Emmanuel Baptist Church, gave the invocation after which all
joined in the Pledge of Allegiance.
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilman
Louderback, to approve the February 12, 2009, Executive/Regular Session meeting minutes as
written. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
SPECIAL PRESENTATIONS:
Proclamation for American Red Cross Month. Mayor Pennewitt said on behalf of City
Council, the Appointed Officials, staff, and the citizens of Xenia, a proclamation to the American
Red Cross is presented annually during the month of February. She read this year’s
proclamation, which noted the Dayton Area Chapter of the American Red Cross has provided
disaster relief, education and transportation, as well as youth, community, military and
international services continuously in the Miami Valley for 92 years. The Dayton Area Chapter
and its volunteer-led disaster action teams responded to 190 local emergencies, assisted 764
disaster victims, and trained 19,675 people in lifesaving skills such as CPR, first aid and the use
of automated external defibrillators in 2008. Volunteers provided assistance to those impacted
by flooding, storms, and other natural disasters across the country and emergency housing
assistance to 473 families, including 606 children during 2008. More than 1,300 volunteers and
5,300 donors provide resources that allow the chapter to educate and assist individuals, families,
workplaces, and schools in being “Red Cross Ready.” We acknowledge the contributions of the
Dayton Area Chapter of the American Red Cross to the quality of life in the City of Xenia. We
must partner and do our part to ensure that the Red Cross remains vital, ready to help us prevent,
prepare for, and respond to emergencies and disasters impacting the families of our community.
Mayor Pennewitt proclaimed March 2009, as “American Red Cross Month.” (Applause
followed.)
Tom Fodor, CEO of the Dayton Area Chapter of the American Red Cross, introduced Greene
County Service Center Director, Judy Elder, and Penny Madre-Johnson, Greene County
Emergency Housing Program Director. It has been a noble year for the American Red Cross.
Everyone heard the global statistics, which are impressive. They are helping more people with
house fires and educating more people than ever before, which is a tribute to the communities
they serve. When they responded to the windstorm, they really appreciated the honest feedback
they received from many citizens and leaders in Xenia, which is what a true partnership is all
about. You expect service from the Red Cross and they are here to work with you to best serve
your citizens. Judy Elder was the key contact person for the windstorm. They have expanded
the emergency housing program in Greene County, which took some very special work by
Ms. Madre-Johnson on behalf of the families in the community who will be served by the
program. Ms. Madre-Johnson found a way to get the project completed and on schedule.
Transitional housing is now open to assist families to stay together and to help kids stay in
school. He thanked Mayor Pennewitt and City Council for their support and foresight to invest
in a program that keeps families together in these tough times. He reminded everyone to be
prepared, to get an emergency kit, to make a plan, and to be informed. A brochure about being
“Red Cross Ready” was shared with Council. He noted Ms. Elder and Ms. Madre-Johnson were
winners of the “Employees of the Quarter” in 2008 presented by the Dayton Area Chapter of the
American Red Cross. (Applause followed.)
Mayor Pennewitt said she makes it a practice of issuing only one proclamation for a specific
date; however, tonight is different. She has been blessed with the opportunity to issue two
proclamations to two individuals for the same day. These two people have something in
common. They both have given themselves, their time, and energy to the City of Xenia through
their volunteer service. They are both members of Faith Community United Methodist Church
and both retired on the same day. She is talking about Donna Howard and Vern Moll. Ms.
Howard had an accident this morning. When she last spoke with her, she was on her way to the
hospital. She asked everyone to please keep Ms. Howard in their prayers. When Ms. Howard is
well enough, the proclamation will either be presented or delivered to her.
Proclamation for Verdin A. Moll’s Retirement. Mayor Pennewitt noted Verdin A. Moll has
been a City of Xenia volunteer for 25 years and served 11 years on the City of Kettering Board
of Zoning Appeals. He has such knowledge and a way of resolving issues that also pleases most
of the applicants. He was appointed to the Xenia Planning Commission on January 1, 1983, the
Board of Zoning Appeals on January 11, 1990, and the Rehabilitation and Design Board on
January 25, 1990. He again served on the Board of Zoning Appeals until his retirement on
December 31, 2008. During the time Mr. Moll served on the XPZC, the Commission worked on
the Progress Drive PUD where they firmly established design guidelines for how the buildings
would be built and landscaped to enhance the gateway of Xenia. Mr. Moll was also serving on
XPZC at the time Xenia was experiencing unprecedented growth in subdivision developments.
His input will have a lasting imprint on the landscape of our community. Mr. Moll has shown
commitment and interest in our City, studied the issues brought before him, asked questions
when needed, and rendered fair and intelligent decisions. He was the recipient of the “Volunteer
of the Year” Award in 1994. She proclaimed February 26, 2009, as “Verdin A. Moll Day” in
appreciation of the dedication and devotion he has shown to our great City over the years.
Mr. Moll’s wisdom and genuine love of Xenia will truly be missed. (Applause followed).
Mr. Moll said he had nothing to say tonight. Over the years, he has said enough! (Laughter
followed.)
PUBLIC HEARINGS:
Amendments to I-1 Light Industrial District and I-2 Heavy Industrial District regarding
vehicle towing and storage companies. President Propes opened the public hearing and asked
for the staff report.
Ms. Simpson said staff respectfully requests introduction of three ordinances that would amend
the I-1 Light Industrial District and I-2 Heavy Industrial District. The goal is to allow towing
operations in the I-1 Light Industrial District (where most existing towing companies are located)
to have the opportunity to become legal under certain conditions in those districts. In order to
improve their current conditions and appearances, city staff met with towing companies to identify
voluntary site improvements. The proposed amendments include standards that would be
applicable to future towing businesses. The intent of these standards is to prevent the
accumulation of junk and salvage operations at future towing businesses. The staff report
provided a detailed outline of the process followed up to this point.
President Propes entertained comments or questions from Council. None were presented.
President Propes invited those in favor of the amendments to I-1 Light Industrial District and I-2
Heavy Industrial District to step forward to speak. No one came forward to speak. President
Propes invited those against the amendments to step forward to speak. No one came forward to
speak. He then invited those neither for nor against the amendments to step forward to speak.
No one came forward to speak.
President Propes closed the public hearing at 7:25 p.m.
Mr. Percival said he appreciated the time everyone put into resolving this issue. It has been a
long process but also showed when you work together, the end result is a fine product. He
thanked city staff, the Planning and Zoning Commission, and the towing company operators for
all their work.
Councilman Caupp introduced an ORDINANCE AMENDING SECTION 1272.02
PERMITTED PRINCIPAL USES OF CHAPTER 1272: I-1 LIGHT INDUSTRIAL DISTRICT
OF THE XENIA CODIFIED ORDINANCES FOR THE PURPOSE OF ALLOWING
VEHICLE TOWING OPERATIONS AND STORAGE FACILITIES WITHIN THE CITY OF
XENIA, and it was read for the first time.
Councilman Louderback introduced an ORDINANCE AMENDING SECTION 1274.02
PERMITTED PRINCIPAL USES OF CHAPTER 1274: I-2 HEAVY INDUSTRIAL DISTRICT
OF THE XENIA CODIFIED ORDINANCES FOR THE PURPOSE OF INCORPORATING
STANDARDS RELATIVE TO AUTOMOTIVE WRECKING, JUNK OR SALVAGE YARDS,
and it was read for the first time.
Councilman Caupp introduced an ORDINANCE AMENDING SECTION 1240.05
DEFINITIONS; RULES OF CONSTRUCTION OF CHAPTER 1240: GENERAL
PROVISIONS AND DEFINITIONS OF TITLE SIX: ZONING OF THE CODIFIED
ORDINANCES OF THE CITY OF XENIA, and it was read for the first time.
Small Cities Community Development Block Grant (CDBG) Programs for 2009. President
Propes opened the public hearing and asked for the staff report.
Mr. Percival said the public hearing this evening is the first of two public hearings to discuss the
Small Cities Community Development Block Grant (CDBG) Programs for the year. This public
hearing is to introduce this program to citizens, to request any input they may have, and to hear
about any projects citizens may wish them to consider. The CDBG Formula Allocation this year
is about $115,000 to expend on CDBG eligible projects. He encouraged anyone who would like
to see if their project is eligible in 2009 for completion in 2010 to contact Mary Crockett,
Community Development Director.
Ms. Crockett said a meeting with Greene County to discuss the application process is tentatively
scheduled for April 15th at the Xenia Area Community Theatre. Applications are due May 1st
and packets will be mailed to social service agencies and non-profit organizations. She noted the
following CDBG program amounts that may be available to the City of Xenia:
PROGRAMS
APPROXIMATE AVAILABLE FUNDS
Community Development Grant (Formula Allocation)
$115,000
Community Development Program (Community Distress Grants)
$300,000
Community Housing Improvement Program (CHIP)
$500,000
Neighborhood Stabilization Program (NSP)
$600,000
Water & Sanitary Sewer Program
$600,000
Economic Development Program
$500,000
Comprehensive Downtown Revitalization Program
$400,000
(Tier One up to $15,000/Tier Two up to $400,000)
Discretionary Grant Program
$600,000
(Xenia might be eligible to receive up to $200,000)
Micro-enterprise Business Dev. Program
$ 60,000
Ms. Crockett said depending on the city’s needs and ability to be competitive, they intend to
apply for some funding under the CDBG Small Cities Program, but not all. If they decide to
apply for certain grants later, all of them must be discussed at the public hearing tonight.
President Propes entertained questions from Council.
Councilwoman Felton said she understood the city was no longer going to do CHIP Grants.
Mr. Percival said the city cannot apply for CHIP money this year because they received funding
last year. Councilwoman Felton noted the CHIP was included in the staff report. Mr. Percival
thought the Neighborhood Stabilization Program would be run through CHIP. Ms. Crockett said
some portions of the program would be similar to CHIP.
Councilwoman Felton asked which programs staff felt would be funded. Ms. Crockett said the
city may still want to consider applying for a CHIP; however, staff will obviously follow
Council’s direction. She doubted the city would qualify for CHIP funding this year.
Mr. Percival agreed. The city is applying for funding through the Neighborhood Stabilization
Program (NSP). Ms. Crockett said she likes to include all the programs in the public hearing in
case they decide to apply later so they will not have to hold another public hearing later.
Councilwoman Felton felt Council needed to know about the possible funding sources before
they are asked to vote on approval. For example, she understood Tier One of the Comprehensive
Downtown Revitalization Program, although she did not like the program. She will definitely
fight against the Tier II program because the city cannot afford to hire another person, which is
required. The money would only last so long and would have an economic impact on the city.
Mr. Percival said the $115,000 is the normal Formula Grant Allocation. Councilwoman Felton
said she was referring to other programs, such as the Tier II Comprehensive Downtown
Revitalization Program, which is extra money. Ms. Crockett said that was correct.
Councilwoman Felton said she did not understand who would qualify for the Microenterprise
Business Development Program. Ms. Crockett said the County has done the program in the past.
This program is to assist in the development of local microenterprise businesses and to create
and retain long-term jobs in the private sector. It is a difficult program to run. Mr. Percival said
if they had people interested in participating in the program, they could ask Greene County to
administer the program. He did not recall the city ever funding anyone through the
Microenterprise Business Development Program. Councilwoman Felton said she did not recall
ever seeing information on the program previously. Ms. Crockett believed the program has
always been on the list. Given the country’s and the city’s economic status, it may be a timely
program within the next few years; however, there are no immediate plans to apply for funding.
Councilwoman Felton asked which off-site infrastructure projects would be funded through the
Economic Development Program. Ms. Crockett said the program would require working closely
with the XEGC and any companies that come in. The problem with the program is that it also
brings all the typical CDBG requirements, such as paying prevailing wages. It is a program they
might wish to consider if a viable project presents itself. In the past, they could help a small
company with water and sewer needs and with purchasing capital equipment. She did not
believe that program had been done in a long time.
Councilwoman Felton said she wanted to make it clear that the city would not apply for all the
programs. Ms. Crockett said that was true – they will only pursue a few programs. If something
should happen later in the year, they can demonstrate that all the programs were discussed at a
public hearing.
Councilman Caupp asked if the Tier One and Tier Two programs were the only programs that
require matching funds. Ms. Crockett said those are the main programs, but she would have to
check on the others. The Formula One Allocation Program does not require matching funds.
Many of the programs, such as the CHIP grant, are becoming more competitive; they would like
to see the city use program income. The Tier One and Tier Two programs are the only programs
that require a dedicated staff person.
Councilman Caupp asked what the Neighborhood Stabilization Program (NSP) fund will do for
foreclosed homes. Ms. Crockett said NSP funds may be used for the following types of
activities:
 Residential Development – providing homeownership opportunities to households with
incomes at or below 120% of AMI and the improvement and reuse of vacant and
abandoned properties.
 Affordable Housing Rental Initiative – to encourage nonprofit organizations and public
housing authorities to rehabilitate vacant and abandoned residential property as rental
opportunities for households with incomes at or below 50% of the area median income.
 Land Banks/Demolition – The demolition of blighted residential structures and/or the
establishment of land banks, including the acquisition of residential property in many
cases.
Councilman Caupp asked if the property owner could request financial assistance for their
foreclosed home. Ms. Crockett said no, it would have to be a potential buyer. Mr. Lewis agreed.
Ms. Crockett noted the Housing and Economic Recovery Act passed in July 2008 that governs
this program did not give them good tools to use for current residents.
President Propes invited those in favor of the 2009 CDBG programs to step forward to speak.
No one came forward to speak. President Propes invited those against the 2009 CDBG programs
to step forward to speak. No one came forward to speak. He then invited those neither for nor
against the 2009 CDBG programs to step forward to speak. No one came forward to speak.
2009 Operating Budget. President Propes opened the public hearing and asked for the staff
report.
Mr. Percival said the Xenia City Charter requires that City Council hold a public hearing to
allow for comments from the community regarding the 2009 budget. City Council approved the
tax budget on June 26, 2008, and held several budget work sessions to go through the 2009
budget. This budget is based on the revenues and expenditures as of today. In light of today’s
ever-changing economy, staff continues to work to ensure they are keeping expenditures in line
with revenues as projected into the future. The Key Operating Funds show there is a positive
balance with the revenue and expenditures that are almost exactly equal in those funds. Based
on information received from the state and federal governments, it will continue to be difficult
thing to do because they anticipate the revenues will be flat at best. The total budget, which
includes all transfers and encumbrances, is $47,694,686. Staff has worked very hard and
Council has provided good leadership on the 2009 budget. They all need to be mindful to stay in
front of the changes as they present themselves, which is what staff and the three Appointed
Officials will do. As information is received, the spending plan will be adjusted accordingly.
President Propes entertained questions from Council. None were presented.
President Propes invited those in favor of the 2009 Operating Budget to step forward to speak.
No one came forward to speak. President Propes invited those against the 2009 Operating
Budget to step forward to speak. No one came forward to speak. He then invited those neither
for nor against the 2009 Operating Budget to step forward to speak. No one came forward to
speak.
President Propes closed the public hearing at 7:45 p.m. He then entertained a motion to approve
the 2009 Operating Budget as an emergency. Mr. Percival said if Council does not wish to
approve the budget as an emergency, he respectfully requested that the ordinance be introduced
tonight for approval at the next Council meeting.
Vice President Miller presented AN ORDINANCE TO MAKE FINAL APPROPRIATIONS
FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF XENIA
OHIO DURING THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND DECLARING
IT TO BE AN EMERGENCY.
Motion by Vice President Miller, seconded by Councilman Louderback, that the rules requiring
the reading of an ordinance at two consecutive meetings be dispensed with and this ordinance be
Councilwoman Felton said she did not feel the 2009 budget needed to be passed as an emergency
because they have until the end of March to pass it. Based on the economic situation, she would
not support it. At this time, she requested a continuation and major changes. Council met
tonight and will meet again on March 14th. She saw no hurry in passing the 2009 budget tonight,
which is why she will vote ‘nay’.
Vice President Miller clarified, as with all previous budgets, the 2009 budget is a living
document that can be changed to rectify any problems that come up in the near future.
Mr. Percival said that was correct. As they normally do, he would expect adjustments.
Ayes: Miller, Louderback, and Propes
Nays: Caupp, Mills, Felton, and Pennewitt
motion failed.
Vice President Miller introduced AN ORDINANCE TO MAKE FINAL APPROPRIATIONS
FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF XENIA
OHIO DURING THE FISCAL YEAR BEGINNING JANUARY 1, 2009, and it was read for the
first time.
Mr. Bazelak clarified if the ordinance is brought back for a second reading, it would have to be
passed as an emergency no later than the last Council meeting in March in order to meet the 30day waiting period and be in effect by March 31, 2009. Mr. Lewis agreed.
President Propes noted a special session to discuss some of these issues is scheduled for
March 14th. The next regular XCC meeting is March 12th. Mr. Percival said that was correct.
President Propes clarified the second reading of the ordinance would be done on March 12th.
Mr. Lewis said that was not necessarily true. The second reading could be done on March 12th
or delayed until the March 26th regular session. Councilwoman Felton agreed the 2009 budget
needed to be passed as an emergency in March.
and invited anyone who wished to speak to come forward. No one came forward to speak.
Planning & Zoning Commission: Councilwoman Felton asked President Propes to
share what was discussed at the two most recent meetings since he chaired XPZC when the
matter was brought forward. President Propes said at the last two XPZC meetings, they
discussed the amendments to I-1 Light Industrial District and I-2 Heavy Industrial District
regarding vehicle towing and storage companies, and the ordinances effecting the changes were
introduced this evening.
Councilwoman Felton said Everett “Fuzz” Ross’s term on the Xenia Planning and Zoning
Commission expired on December 31, 2008. Mr. Ross has expressed his desire to be
reappointed to the Commission for another four-year term that will expire on December 31,
2012. Also, a vacancy was created when Donna Howard’s term expired on December 31, 2008.
Due to personal reasons, Ms. Howard was not interested in being reappointed. The City Clerk’s
Office advertised the vacancy on the City’s Government Channel (Ch. 5) and the website. One
letter of interest was received from Ms. Sarah Amend. She has spoken with Ms. Amend and
feels she will be an asset to the Commission. Her background check is pending.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, to reappoint Mr. Everett
“Fuzz” Ross to the Xenia Planning and Zoning Commission with a term expiring on
December 31, 2012, and to appoint Ms. Sarah Amend to fill a vacancy on the Xenia Planning
and Zoning Commission with a term expiring on December 31, 2012, pending approval of her
background check. Brief discussion followed.
Mayor Pennewitt asked if Ms. Amend could be appointed to the XPZC while her background
check is pending. Mr. Lewis said yes, with the caveat that Ms. Amend’s background check
comes back satisfactory. The Roll on this was the following:
Nays: None
motion carried.
President Propes thanked Ms. Amend for volunteering to serve on the Xenia Planning and
Zoning Commission. Ms. Amend said she was grateful for the opportunity.
Mayors & Managers: Mayor Pennewitt said she was unable to attend the meeting due
to her son’s illness. She noted Mr. Percival was also unable to attend.
Miami Valley Regional Planning Commission: Councilman Louderback said MVRPC
met on February 5th. If was a long—but productive—meeting. They discussed the Economic
Recovery Bill. It is projected that Ohio will get $1.6 billion and the Dayton area will get $21
million to be used for highways and bridges. Mr. Percival noted staff attended a meeting and the
city applied for some of the dollars in the Recovery and Reinvestment Act. Citizens can go to
the www.recovery.ohio.gov website to see which programs they have received applications for
in Greene County.
met on February 10th and discussed the following:



Easter Event will be held on Saturday, April 4, 2009, at 2 p.m. at Shawnee Park. They hope it
does not snow this year!
Fundraising Efforts: The Board discussed ways to raise funds to supplement the Xenia Parks and
Recreation program costs. She invited residents to attend the next BRACA meeting at 7:00 p.m.
on March 10th to share their ideas.
Basketball/Cheerleading 2008/2009 Season: Games are held on Saturdays at Central and Warner
Middle Schools. She invited everyone to attend the games. Many children in different age groups
are involved in the program.
ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Miller said if anyone
questioned if the pictures he e-mailed to city staff showing his automobile accident were real YES, they were real! He was involved in an accident while driving to his parents to help them
move from Lynchburg to Wilmington. He slid off the road and flipped his car. Luckily, no one
was injured, which he felt was due to using seat belts and the quality of the car he was driving.
The accident made him realize how important it is to not take each day for granted and tell your
family how much you love them when you leave your house.
UNFINISHED BUSINESS: None.
Authorization to enter into a contract for the Contract A Improvement ProjectEngineering and Design at the Ford Road WWTP. Mr. Percival respectfully requested that
Council authorize him to enter into a contract for an amount not to exceed $188,500 with Hazen
and Sawyer for the Contract A Improvement Project-Engineering and Design. The overall
project cost of $1.8 million includes all construction and equipment costs as well as construction
administration and project inspection services. He noted the following:
(1) Once the design phase is to 95% complete, a Permit-to Install (PTI) will be submitted to the Ohio
EPA for final approval of the project. With this PTI, the City will be required to pay a permit fee
of around $11,000, which is budgeted in the 2009 CIP. Staff will bring this payment request to
Council for approval at that time.
(2) The City will also be subject to a WPCLF application fee of 0.35% of the total project at the time
the loan awards. With an expected tag of $1.8 million for the project, staff expects to bring a
payment request of around $6,500 to Council for approval at that time (projected in November
2009).
Mr. Percival said a loan request has been submitted for funding of this project and preliminarily
approved through the Ohio Water Development Authority’s Water Pollution Control Loan Fund
(WPCLF). Discussion has surfaced recently that WPCLF projects, such as Contract A, may
qualify for a grant or zero-interest financing through the infrastructure portion of the American
Recovery and Reinvestment Act. City staff will continue to evaluate this option and should know
more in the months to come. He respectfully requested that Council authorize him to enter into a
contract for an amount not to exceed $188,500 with Hazen and Sawyer for the Contract A
Improvement Project-Engineering and Design.
Motion by Councilman Caupp, seconded by Vice President Miller, to authorize the City
Manager to enter into a contract for an amount not to exceed $188,500.00 with Hazen and
Sawyer for the Contract A Improvement Project-Engineering and Design. Discussion followed.
Considering the current and projected budget constraints projected through 2011 and possibly
beyond, Councilman Caupp asked what would happen if they do not get funding to move
forward with the improvements at the Ford Road WWTP. He did not want to spend $188,500 on
a design if they cannot move forward with it right away. Mr. Percival said the money would
come from the Sewer Fund – none of the money will come out of the General Operating Funds.
Mayor Pennewitt said she was concerned about the $71,000 difference in the highest and lowest
bids. She would like to have known what each bid represented. Mr. Percival said this is not a
true bid process. The City of Xenia participates in state contracts that the Ohio Department of
Administrative Services, Office of State Purchasing has entered into for the purchase of supplies,
services, equipment, and certain materials. They must choose the lowest and best bid based on a
qualification process. They will get a much wider range of bids than if they were bidding a
specific project because the RFQ requires them to follow the State of Ohio procedures spelled
out in the Ohio Revised Code.
Mayor Pennewitt asked if the Hazen and Sawyer bid was one of the most expensive bids.
Mr. Percival said they state the qualifications and then negotiate the price based on the
qualifications. He did not believe Hazen and Sawyer’s bid was the most expensive bid.
Jason Tincu, Wastewater Treatment Supervisor, said Hazen and Sawyer’s bid came in second of
the four bids received. When firms submit for a qualification-based selection process, it is a
ballpark estimate, which is based on an engineer’s estimate and the amount of time they have to
meet that scope. They follow Ohio Revised Code Section 153.71 for qualification-based
selection. Section 208.08 of the City Codified Ordinances deals with contracts, construction
management, and professional design services. After they did the qualification-based selection
process, they discussed the scope and final contract fees.
Councilwoman Felton asked if there was enough money in the Sewer Fund. Mr. Tincu said yes,
according to Mr. Duke and Mr. Bazelak. It will be 20-year loan. In the final quarter of 2008, the
APR was 4.1%, which equates to about $132,000 a year from the Sewer Fund. Councilwoman
Felton did not think the other loan was paid off yet. Mr. Tincu said one loan will be paid off by
the end of 2009. The loan for the 1998 improvements has quite a bit longer before it is paid in
full. If Project A qualifies for zero-interest financing through the life of the loan, they have the
ability to save $840,000 over the life of the loan. City staff is aggressively pursuing that option.
The timing of this project might work out well because they are entering into the design phase.
The American Recovery and Reinvestment Act funds will be released into existing programs like
the Water Pollution Control Loan Fund, which may be great opportunity for the city to get zerointerest financing for the project.
Nays: None
motion carried.
Emergency Passage of a Resolution authorizing the City Manager to enter into a
Final Agreement and execution of all necessary documents with ODOT for the US 68
Resurfacing Project from S. Monroe Street to Dowdell Avenue. Mr. Percival said this is part
of the Urban Resurfacing Project managed by the Ohio Department of Transportation (ODOT).
The City’s financial share for this project (20%) is estimated to be $34,624; it is an 80/20 split.
The Engineering Staff has budgeted the necessary funds in the County Auto Tax Fund (229
Fund) for 2009, in anticipation of this project that is set for sale on March 25, 2009. Because all
the necessary documents must be executed with ODOT by March 12, 2009, he respectfully
requested that this resolution be approved as an emergency.
If Council concurs, three actions are requested:
Motion 1: Waive the second reading and pass as an emergency the Final Resolution for the Ohio
Department of Transportation’s project to repave Home Avenue between S. Monroe Street and Dowdell
Avenue.
Motion 2: Authorize the Finance Director to sign the Fiscal Officer’s Certificate and the Escrow
Agreement with Security National Bank for the Home Avenue repaving project.
Motion 3: Authorize the City Manager to sign the Contract with the Ohio Department of Transportation
in the amount of $34,624.00.
Mayor Pennewitt presented a RESOLUTION DESCRIBING A PROJECT BETWEEN THE
OHIO DEPARTMENT OF TRANSPORTATION AND THE CITY OF XENIA TO REPAVE
HOME AVENUE BETWEEN S. MONROE STREET AND DOWDELL AVENUE, AND
Motion by Mayor Pennewitt, seconded by Vice President Miller, that the rules requiring the
placed at once upon its passage. Brief comment followed. Councilwoman Felton asked where
the resurfacing would be done. Mr. Percival said resurfacing would be done along Home
Avenue (U.S. 68) between S. Monroe Street and Dowdell Avenue.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, that Resolution Number 09-F
Nays: None
motion carried.
Councilwoman Felton asked if the city would get stuck with the increased charges if the project
exceeds the amount budgeted by ODOT. Mr. Percival said the city would be responsible to pay
20% of the increase. This is not an LPA funded project – they are not managing the project
locally. City Engineer, Chris Berger, stated the project would be managed by ODOT. If there
are additional charges, ODOT has been instructed that any increases must be discussed with him
and Mr. Percival before approved. He acknowledged ODOT has a bad habit of doing that.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to authorize the Finance
Director to sign the Fiscal Officer’s Certificate and the Escrow Agreement with Security
National Bank for the Home Avenue repaving project. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to authorize the City Manager
to sign the Contract with the Ohio Department of Transportation in the amount of $34,624.00.
Discussion followed.
Vice President Miller asked if ODOT would not work on Friday, Saturday, or any day it might
rain. They watched ODOT not work on the road behind K-Mart. He asked if there was any way
they could monitor the employees’ work hours and relay that information to the person who
signs their paychecks. Mr. Berger reminded Vice President Miller that ODOT would be hiring a
contractor to do the work; ODOT will only be doing project management.
Nays: None
motion carried.
Items for the City Manager: Councilwoman Felton said the Xenia tornado was shown
on the Weather Channel the other night, which reminded her that the emergency shelter at the
City Garage needs to be updated. Mr. Percival said all the Parks and Recreation Department
items were removed from the shelter. Councilwoman Felton said she just wanted to ensure the
shelter was ready – she has not looked at it lately. She asked Mr. Percival to check to see if the
Xenia Adult Recreation and Services Center still had an agreement with the Red Cross to
provide an emergency shelter if necessary. She would like information posted on Channel 5 for
people who might need emergency shelter. Mr. Percival agreed to do that. Councilwoman
Felton said she would be glad to stay at Towler Road if someone is needed there.
Councilman Caupp thanked City Service workers for sweeping the streets during the recent
warm weather. He noted a few changes were made to the process of mowing lawns last year.
Due to the increased number of foreclosed properties in the city, he asked if Council could
receive a report showing how much money was spent on mowing private residences in 2007
compared to 2008. Mr. Percival said he would ensure that Council receives a report.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to approve payment of bills
totaling $249,909.36. Discussion followed. Councilman Louderback objected to one item on
page 14 – Staples for $426.48. He would like to keep that money in Xenia. The Roll on this was
the following:
Nays: Louderback
motion carried.
Mr. Lewis presented a
RESOLUTION TRANSFERRING FUNDS FROM CDBG HOUSING PROGRAM INCOME
REVOLVING LOAN FUND TO THE CDBG DOWNTOWN REVITALIZATION PROGRAM
INCOME REVOLVING LOAN FUND, AND ACKNOWLEDGING THE APPROPRIATION
OF THOSE FUNDS FOR DOWNTOWN REVITALIZATION PROJECTS, and it was read for
a second time.
Motion by Councilman Caupp, seconded by Councilman Louderback, that Resolution Number
09-G be now passed. No discussion followed. The Roll on this was the following:
Ayes: Miller, Caupp, Louderback, Mills, Pennewitt, and Propes
Nays: Felton
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback noted
the Xenia High School girls’ basketball team keeps on rolling – they won their first tournament
game. This Saturday the team plays Chaminade-Julienne High School at 7 p.m. at Trotwood
Madison High School. It will be a great game and he would like to see the stands packed with
Xenia fans. Unfortunately, the Xenia High School boys’ basketball team lost in the first round of
the tournament.
Councilwoman Mills reiterated the 1974 Xenia tornado was recently highlighted on the Weather
Channel. The story highlighted Xenia High School and the experiences of a local church pastor
and his family. Xenia is truly blessed to have rebuilt as it did following such a devastating
tornado. She was thankful to see Xenia grow and become a hometown for many people.
Councilman Caupp shared that he attended his first cheerleading competition in Pickerington,
Ohio, last Saturday. The City of Xenia was very well represented and probably had the largest
number of squads. The citywide cheerleading squads did quite well; all the cheerleaders should
be recognized. The next competition is March 21st.
Vice President Miller noted Xenia was not the only town highlighted on the Weather Channel.
Xenia was a very small part of that documentary when you consider there were 278 tornadoes
nationwide that same day. Xenia had just one tornado that day; other communities were hit
much worse than Xenia. He did not know why Xenia received the spotlight if you look at
research and how many other communities were hit. There were three tornados that traveled 210
miles each straight across state lines and they did not care what they hit. Xenia benefitted from
the great response team in place, which was why the city was able to rebuild in the manner it did.
He wanted everyone to remember our community was not the only community affected.
Regarding basketball teams, he congratulated the St. Brigid basketball teams. One of the girls’
teams has been the championship team for three years in a row in their division. The 5th grade
boys’ basketball team made it to the championship round but lost their last game 11 to 9. There
was a lot of defense! The team came in second place and was the only boys’ team to get into the
tournament round. He congratulated all the Xenia basketball teams—all of them have very good
programs.
President Propes reminded citizens to pick up their yards and trash and clean up after their pets –
spring is coming. We do not want to create more work for Ms. Duteil.
Mayor Pennewitt gave the following Mayor’s Report for January (17 activities) and February
(14 activities):
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1/07/09 - Attended an XEGC meeting.
1/08/09 - Attended “Toast of the Town” at National City Bank.
1/12/09 - Discussion with Mr. Thigpen, students, and the City Manager regarding government.
1/13/09 - Attended the Pastors’ Luncheon at Legacy Ministries.
1/15/09 - Attended a Mural Society meeting.
1/17/09 - Gave a speech at the Xenia Women’s Ecumenical Conference.
1/19/09 - Attended the community-wide Martin Luther King Jr. Day Celebration.
1/20/09 - Attended the MVMAA Annual Get Acquainted Reception at WPAFB.
1/23/09 - Attended the winter quarterly meeting with Chris Widener.
2/02/09 - Attended a Rail & Arts Fest meeting.
2/02/09 - Interviewed Matthew Funk for a position on the Board of Zoning Appeals.
2/05/09 - Attended the “Miami Valley Communities Night” sponsored by WSU.
2/06/09 - Attended the Mayor’s Spring Breakfast.
2/09/09 - Attended the Greene County Historical Society’s 80th Birthday Celebration.
2/17/09 - Attended a Mural Society meeting.
2/20/09 - Attended the “State of the Library” breakfast.
2/21/09 - Presented a proclamation to an Eagle Scout.
2/21/09 - Attended the “Hall of Honor” celebration. Congratulations to all the honorees. She was
thrilled to see Phyllis Nickoson receive this award. Ms. Nickoson has devoted the biggest part of
her life to volunteerism, especially to Veteran organizations. She used to collect books for our
veterans and take them to the hospital. She has done so much and asked nothing in return. She is a
very special lady.
 2/22/09 - Attended the “Day of Caring.” Bob Evans Restaurant donated all the food.
 2/26/09 - Presented Proclamations to the Dayton Chapter American Red Cross and Vern Moll.
ADJOURNMENT: Motion by Councilwoman Felton, seconded by Mayor Pennewitt, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
March 12, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on March 12, 2009, at 7:00 p.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller, John
Caupp, Dale Louderback, Jeanne Mills, Phyllis A. Pennewitt, and Dennis R. Propes.
Patricia L. Felton was absent.
INVOCATION: Charlie Huff, Xenia’s John the Baptist Church, gave the invocation after
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilwoman Mills,
to approve the February 26, 2009, Executive/Regular Session minutes as written. No discussion
Nays: None
motion carried.
Mayor Pennewitt noted at the last Council meeting, she mentioned it was the first time she
awarded two proclamations for the same date. Believe it or not, she is doing the same thing
tonight.
Proclamation for Girl Scout Award Winners, Brittany Fischer and J.Chika O. Morah.
Mayor Pennewitt said Brittany Fischer and J.Chika O. Morah are members of Girl Scouts of
America. They have achieved the highest award that can be earned in this organization, the Girl
Scout Gold Award, which says a great deal about these individuals. They collaborated with the
Greene County Children Services Board (GCCSB) to develop an appropriate project. Their two
objectives were to develop a foster care youth advisory board and to develop a “Rights and
Responsibilities Handbook.” In establishing the advisory board, both girls interviewed several
foster children aged 14 to 21 and traveled to other communities to research established advisory
boards in order to combine the best of the best. They created a “Rights and Responsibilities
Handbook” that will be given to all youth ages 15 to 21 who receive services from GCCSB.
This handbook outlines the rights of the child, how the system works, and the responsibilities of
the biological parents, relatives, caseworkers, and care providers. Both girls are seniors at Xenia
High School and plan to further their education.
Brittany plans to attend the University of Cincinnati. Some of her activities include the National
Honor Society, Student Council, Student Body President, Chemistry Club, Varsity Soccer, and
community soccer teams. She has been a busy lady.
J.Chika is also a senior at Xenia High School and plans to major in Biochemistry (pre-Med).
Her school and community activities have included the National Honor Society, the Renaissance
Club, marching, pep and symphonic bands, varsity track team, Honor Seminar of Metropolitan
Dayton, Horizons in Medicine Program at Wright State University, and Girl Scout camp
counselor. J.Chika has not yet selected a college. J.Chicka said she is expecting to hear from
several schools the first week of April.
Mayor Pennewitt proclaimed March 12, 2009, as “Brittany Fischer Day” and “J.Chika O. Morah
Day” and congratulated them for their outstanding accomplishments. (Applause followed.)
Ms. Morah thanked Mayor Pennewitt for the proclamation and everyone who attended today.
This project was a tremendous, amazing experience and she was so glad they were able to do it.
She is very thankful she was able to be a Girl Scout for so long. It has been a great activity and
she will definitely continue to do community service. That is one thing the Girl Scouts has
definitely instilled in her heart. (Applause followed.)
Ms. Fischer also thanked Mayor Pennewitt. The project was very worthwhile and probably one
of her greatest accomplishments, which she hopes to continue. (Applause followed.)
Mayor Pennewitt noted she and her husband attended the ceremony. She has never witnessed a
more organized program. The girls were so respectful and serious about what they have
accomplished. It certainly made her day to be a part of it.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to excuse Councilwoman
Felton from the meeting due to illness. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Traffic Commission: Councilman Caupp said the XTC meeting was cancelled due to lack
of agenda items. There will be an April meeting.
Greene County Regional Planning Commission: Councilman Caupp said there was a
meeting, but he was out of town and unable to attend due to work obligations.
Board of Zoning Appeals: Mayor Pennewitt said BZA met on February 23, 2009. Cindy
Elliott was elected Vice President and the Board welcomed Matthew Funk as its newest member.
BZA approved two conditional use permits:
1) A conditional use was granted to John Bowen on behalf of United Volunteer Services (UVS) to
utilize the existing building at 145 Bellbrook Avenue for Sunday church services.
2) A conditional use was granted for 141 Little Vine Street submitted by Phil Burke for his new
business, B5 Systems, to allow for acquisition of spare parts, packaging, and shipping of
products.
City Manager’s Office: Mr. Percival said he attended Jerry Shumaker’s funeral services
today. He wanted to take a moment to recognize Mr. Shumaker for serving the City of Xenia for
18 years. Some city staff and Council members worked with Mr. Shumaker when he was a
member of Xenia City Commission/Council. Mr. Shumaker first served as a member of the
Board of Zoning Appeals and then on the Civil Service Commission. He started his first term
on the [then] City Commission in January 1977. He was President of City Commission three
times and Deputy Mayor seven times. On behalf of the City of Xenia, he offered condolences to
Mr. Shumaker’s family and friends.
XEGC Annual Report. Mr. Percival asked Steve Brodsky, Executive Director of XEGC,
to give a brief overview of the XEGC Annual report. Mr. Brodsky noted copies of the 2008
Annual Report were submitted for City Council review. Last year was a challenging economic
time for the city, state, and nation. While the times have been challenging, XEGC continues to
work to try to provide the best services it can for our businesses and to help the city grow. He
was proud to say they accomplished much of that in 2008.
BusinessFirst! Program: XEGC, along with Greene County, recently joined the BusinessFirst! Program
that kicked off in early November 2007. Along with the new Greene County Retention Specialist, they
called on a dozen companies in Xenia to learn more about them. In some cases, they were able to link
them with the property resources to help them with their issues. Some of those were financial issues and
others were regulatory issues. This continues to be a very successful program.
Cornerstone Research Group: A major addition for the Xenia economy was when the Cornerstone
Research Group decided to make Xenia its world headquarters. Although the young company has only
been in business 10 years, it has had tremendous growth, averaging 40% each year. The owner shared
that they only had a growth of 35% last year, which most businesses would be happy about. There have
been some delays in that project due to circumstances beyond their control. They met with the owners
last Friday to start their platting process. They are also looking into leasing a building short-term at the
Industrial Park so they can start production in Xenia while their complex is being built on the former
OVCH property south of St. Rt. 380 and Union Road.
All State Fasteners: Xenia will also be home to a new distribution facility on Lower Bellbrook Road. All
State Fasteners is leasing the 104,000 square foot Miller-Valentine facility, formerly known as the
Airborne Express building, which sat vacant for more than a year. The business brought 40 jobs to the
city. The only downside is that there are no sizeable industrial buildings left in Xenia, which proposes a
challenge. In the current environment, most businesses that want to expand have stated a preference to
leasing existing space rather than building their own, which is understandable given the credit crunch and
the difficulty in obtaining building loans. XEGC is still responding to leads received and tries to put their
best foot forward for the Xenia Community.
Collaboration: Collaboration is very important, especially when you are a two-person operation. They
work very closely with Greene County, the Dayton Development Coalition, and the BusinessFirst!
Program, which has proven to be very fruitful. They get good ideas and leads and will continue those
collaborations.
Marketing: XEGC continues to assist the Xenia Area Chamber of Commerce (XACC) and other public
and/or private development efforts in the promotion and marketing of the City of Xenia as a location for
retail, service, and professional businesses. XEGC advertised in several regional and national
publications in 2008 such as the “Area Development and Site Selection” magazine, which specifically
goes to “C” level executives and site consultants who make location decisions. The funding available for
marketing will continue to be primarily directed to web-based programs and activities in 2009. Print
advertisements will assist by driving readers to the XEGC website. They continue to explore ways to
increase the scope of their website’s presence through links with other appropriate websites, including the
websites of the City of Xenia, Greene County, the Dayton Development Coalition, and the publications
listed in the Annual Report. He thanked several Council members who offered suggestions for improving
the website. Those improvements are underway and should be done within the next few weeks.
Councilman Louderback said he read in the newspaper that a Payless Shoes distribution center is
being built in Brookville. He learned from Mr. Brodsky that Xenia was on “the short list.”
Mr. Brodsky said that was correct. Councilman Louderback noted 300 good paying jobs went to
Brookville. He and other members of Council want to bring jobs to Xenia. He offered to do
anything he could to help. He did not know anything about the new distribution center.
Beavercreek and other communities are saturated. Xenia would be an ideal location for
something like this. Mr. Brodsky agreed. Whether it was a Payless Shoes distribution center
like in Brookville, research businesses like Cornerstone, or anything else, Xenia certainly has a
value proposition to make. The cost of doing business in Xenia is lower than in other parts of
Greene County or much of the Dayton region. Xenia’s land prices are far lower than in the
western part of Greene County and much of the Dayton region. Xenia also shares a tremendous
workforce. With all of that going for us, he felt assured we would see good things ahead as we
hopefully start to come out of this recession. Councilman Louderback agreed Xenia has a skilled
workforce with General Motors and DHL employees. He would be happy to help in any future
endeavors.
Councilman Caupp said the annual report indicates that most of the promotional materials XEGC
is using are 8 to 12 years old. He asked if it was time for those materials to be updated.
Mr. Brodsky said by the end of the month, several new pieces of promotional materials will be
available. The two primary pieces they use will be new. They generally use the Xenia
Community brochure produced by the Chamber of Commerce, which is a very comprehensive
brochure that gives a very good overview of our community. It is rather expensive to make
multiple copies of the brochure, which is why that is not done every year. The XACC brochure is
only a few years old and most of the information is still accurate. The XACC is also looking at
updating their material, which XEGC hopes to assist with. Most companies are primarily using a
website rather than printed materials when making decisions. XEGC’s efforts have been to keep
their website current, which was totally redesigned a few years ago. He thought that was
probably a better use of XEGC’s limited funds than making a lot of brochures that look nice, but
often end of sitting on a shelf waiting to be distributed.
Councilman Caupp agreed, but now there is the ability to put videos and other information on the
website. He just wanted to ensure current information is used to market Xenia.
Mr. Percival respectfully requested that Council entertain two motions:
Motion #1: Confirm the applicable Xenia Economic Growth Corporation officers and trustees for 2009,
private and other public sector organization representatives for 2009, and the at-large representatives for
the applicable terms as proposed.
Motion #2: Accept the Xenia Economic Growth Corporation Annual Report for 2008, as presented.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to confirm the applicable
Xenia Economic Growth Corporation officers and trustees for 2009, private and other public
sector organization representatives for 2009, and the at-large representatives for the applicable
terms as proposed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to accept the 2008 Xenia
Economic Growth Corporation Annual Report. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
Emergency Ordinance for Water Treatment Plant Emergency Generator Rental.
Mr. Percival noted the next two agenda items deal with replacement of the emergency generator
at the Water Treatment Plant. He respectfully requested that Council appropriate the money and
authorize him to enter into an agreement with Ohio CAT for a temporary generator to be in place
for five or six months while they obtain an emergency generator replacement. During the week
of February 11th, 2009, the weather forecast predicted a wind storm situation that could have
caused a power loss. When staff tested the generator, it died. The generator is approximately 30
years old and was installed when the plant was built. They tried to service the generator but they
could not get a full load on the generator and transfer it over to the facility. His decision to rent
the emergency generator was based on the critical need for backup power at the Water Treatment
Plant, which is the one facility that cannot go without emergency backup power. On most days,
water is pumped 20 hours a day. Staff negotiated the price of rental with Ohio CAT and the
company dropped the rental price. Essentially, they will be getting two months free rental
through that negotiation process.
Mr. Percival respectfully requested that Council entertain two (2) motions:
Motion 1 - Waive the second reading of an ordinance at two consecutive meetings and approve as an
emergency an Ordinance appropriating $51,150.00 into account 664-6602-53521 (Operating) for the
rental of a temporary standby emergency generator for the Water Treatment Plant.
Motion 2 - Waive the second reading of an ordinance at two consecutive meetings and approve as an
emergency an Ordinance to waive competitive bidding for the rental of a temporary standby emergency
generator from Ohio CAT and approve a purchase order in an amount not to exceed $51,150.00 from
account 664-6602-53521 (Rental-Machinery & Equipment).
President Propes asked if the two motions could be combined. Mr. Lewis said yes.
Vice President Miller presented ORDINANCE AMENDING ORDINANCE 08-85 TO MAKE
DECLARING IT TO BE AN EMERGENCY; and
Vice President Miller presented ORDINANCE AUTHORIZING THE RENTAL OF AN
EMERGENCY GENERATOR FROM OHIO CAT FOR BACKUP EMERGENCY POWER AT
THE WATER TREATMENT PLANT WITHOUT FORMAL COMPETITIVE BIDDING, AND
reading of the ordinances at two consecutive meetings be dispensed with and the ordinances be
placed at once upon passage. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Ordinance Numbers 09-05
and 09-06, respectively, be now passed. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Emergency Ordinance for Purchase of Emergency Generator for Water Treatment
Plant. Mr. Percival respectfully requested that Council approve two motions to purchase a new
emergency generator from Ohio CAT in an amount not to exceed $171,133. This is not a run of
the mill generator. It has a 24-cylinder diesel engine and could probably run three quarters of the
city. With the pumps and the amount of electricity the Water Treatment Plant uses, this type of
generator is hard to come by. He noted Ohio CAT had the shortest delivery time. Staff also
requested significant information relative to the maintenance of this piece of equipment.
Obviously, there are certain things that must be done to maintain the generator. The other
generator lasted 30 years; he hopes this one lasts that long or even longer. With proper
maintenance, he felt that would not be an issue.
Motion 1 - Waive the second reading and approve as an emergency an Ordinance appropriating
$171,133.00 into account 664-6602-55305 for the purchase of a standby emergency generator for the
Water Treatment Plant.
Motion 2 - Waive the second reading and approve as an emergency an Ordinance to waive competitive
bidding for the purchase of a standby emergency generator from Ohio CAT and approve a purchase order
in an amount not to exceed $171,133.00 from account 664-6602-55305 (Plant Equipment).
Vice President Miller presented ORDINANCE AMENDING ORDINANCE 08-85 TO MAKE
DECLARING AN EMERGENCY; and
Vice President Miller presented ORDINANCE AUTHORIZING THE PURCHASE OF AN
EMERGENCY GENERATOR FROM OHIO CAT FOR BACKUP EMERGENCY POWER AT
THE WATER TREATMENT PLANT WITHOUT FORMAL COMPETITIVE BIDDING, AND
reading of ordinances at two consecutive meetings be dispensed with and the ordinances be
placed at once upon passage. Discussion followed.
Vice President Miller said several years ago, he tested one of those generators weekly. The
generator is bigger than a Cadillac Escalade (approximately 6’ wide, by 6’ tall, by 16’ or 17’
long). It is one of the biggest generators most people will ever see. He and his daughter drove
by one yesterday that Ohio CAT was ready to deliver. The generator is a massive piece of
machinery. He wanted citizens to know that because they are spending $171,000 on an ‘engine’.
Councilman Caupp asked the costs for unloading and installing the generator. Ohio CAT’s
quote includes delivery to the job site but not unloading or installation. The generator weighs
18,000 pounds. It could be expensive to pay someone to unload it. Mr. Percival said staff
attempted to negotiate unloading the generator with Reddy Electric, but they declined. He asked
Jason Tincu, Utilities Manager, to address Council.
Mr. Tincu said due to the urgency of getting the generator on-site, they have been pushing Ohio
CAT to deliver it as quickly as possible. The faster the generator is installed, the less rental fees
they will have. They are meeting Ohio CAT onsite tomorrow. Preliminary estimates for
installation, controlled rigging, and electrical hook-up are $30,000 to $45,000. Reddy Electric
was not interested in the project.
Mayor Pennewitt asked if the installation costs were in addition to the $171,000. Mr. Tincu said
yes. Mr. Percival said the $60,000 included in the Water Department Fund for electrical
improvements will be used for this project. Mayor Pennewitt stated they have no choice – they
have to have a new generator. Mr. Percival agreed. Mr. Bazelak said, as the delivery date
approaches, they will look into the possibility of financing the project.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Ordinance Number 09-07
and 09-08, respectively, be now passed. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Emergency Resolution authorizing the City Manager to prioritize and submit four (4)
projects for consideration of funding under the Federal Recovery Act to the Miami Valley
Regional Planning Commission (MVRPC). Mr. Percival said on Thursday, February 19,
2009, the Miami Valley Regional Planning Commission (MVRPC) asked all local jurisdictions
to submit proposals to them for projects they would like to see accomplished with Federal
Recovery Act monies. At a presentation last night, they learned that 88 projects totaling almost
$70 million were submitted to MVRPC and they actually only have $17.3 million to spend on
highway projects. MVRPC has another $22 million to spend on transit projects. Some of that
money will be coming to Greene County through Greene CATS. He noted Councilman
Louderback also attended several of the presentations.
Because time is of the essence in claiming these funds, the local jurisdictions were only given
eight days to submit projects for consideration. Accordingly, the City of Xenia submitted four
(4) projects that were deemed eligible for funding consideration. The four projects and their
associated funding requests are ranked in order of priority:




Priority One:
Priority Two:
Priority Three:
Priority Four:
Miami Avenue Street Rehabilitation and Drainage Improvements ($186,815)
Cincinnati Avenue Pavement and Sidewalk Rehabilitation ($874,273)
Xenia Downtown Streetscape Improvement ($1,282,931)
Bicycle and Pedestrian Crossing Improvement from Xenia Station to Ohio Erie
Trail ($51,123).
For one of the projects, Xenia is partnering with Greene County in applying for $2.1 million to
complete Phase Two of Innovation Way, the Industrial Park road that is located in the city limits.
Mr. Percival respectfully requested that Council pass an emergency Resolution authorizing the
City Manager to prioritize and submit four (4) projects for consideration of funding under the
Federal Recovery Act to the Miami Valley Regional Planning Commission (MVRPC). Because
the application deadline has already passed, the four projects were submitted to MVRPC prior to
tonight’s Council meeting. However, this Resolution must be adopted as an emergency so that it
can be forwarded to MVRPC immediately, per their request.
RANK AND SUBMIT FOUR (4) PROJECTS FOR CONSIDERATION OF FUNDING
UNDER THE FEDERAL RECOVERY ACT TO THE MIAMI VALLEY REGIONAL
PLANNING COMMISSION (MVRPC), AND DECLARING IT TO BE AN EMERGENCY.
reading of a resolution at two consecutive meetings be dispensed with and this ordinance be
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 09-H
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that the above-mentioned
projects be ranked in the following priority order: #1 Miami Avenue Street Rehabilitation and
Drainage Improvements ($186,815); #2 Cincinnati Avenue Pavement and Sidewalk
Rehabilitation ($874,273); #3 Xenia Downtown Streetscape Improvement ($1,282,931); and
#4 Bicycle and Pedestrian Crossing Improvement from Xenia Station to Ohio Erie Trail
($51,123). No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Authorization to execute a Contract for Consulting Services for the Preliminary
Engineering Design for West Main Street Enhancement Project, Phase II. Mr. Percival
noted a Resolution was passed on October 25, 2007, authorizing the City Manager to submit an
application for Transportation Enhancement (TE) for the Second Phase of West Main Street
Enhancement Project. The grant application was funded by MVRPC on March 12, 2008. On
May 8, 2008, Council approved the master plan for the West Main Street Enhancement Project,
Phase One, which will be started in fiscal year 2010 (late this fall or early next spring). On
November 28, 2008, they sent out a request for proposals to which seven (7) firms responded.
After a rigorous selection process, the Consultant Selection Review Committee selected Stantec
Consulting Services, Inc., which was the consultant for the first phase. The second phase of
West Main Enhancement Project is considered a separate project because it involved a separate
grant application. The approved funding for Phase II is as follows:
Mr. Percival respectfully requested that Council entertain a motion to allow him to enter into an
agreement with Stantec Consulting Services, Inc., to complete the preliminary engineering phase
of the Second Phase of West Main Street Enhancement Project in an amount not to exceed
$27,000.
Motion by Councilman Louderback, seconded by Councilwoman Mills, to allow the City
Manager to enter into an agreement with Stantec Consulting Services, Inc., to complete the
preliminary engineering phase of the Second Phase of West Main Street Enhancement Project in
an amount not to exceed $27,000.00. Brief comment followed. Mayor Pennewitt said she was
really looking forward to this exciting project! Mr. Percival thought it would be a great project
to get completed. The Roll on this was the following:
Nays: None
motion carried.
Tax Incentive Review Council – 2008 Annual Review. Mr. Percival respectfully
requested that Council approve the action recommended by the Greene County Tax Incentive
Review Council (TIRC) as presented in the Ohio Enterprise Zone’s (OEZ) Annual Report.
Following Council approval, the OEZ Annual Report must be submitted to the Greene County
Commission, and then delivered to the State of Ohio prior to the March 31, 2009, deadline.
The City of Xenia had twelve (12) active OEZ Agreements that were reviewed by the TIRC at
their annual meeting on February 24, 2009. The big change this year was that Barco Simulation
requested that their two Enterprise Zone Agreements be cancelled (Barco Simulation Agreement
#3 and #4). The city currently has Enterprise Zone Agreements with the following companies:
1. Brown Publishing - Continue 62% abatement of applicable real and personal property taxes.
2. CIL Isotope Separation, Inc. (Agreement #2) – Continue the 61% abatement of applicable real
and personal property taxes.
3. CIL Isotope Separation, Inc. (Agreement #3) – Continue the 65% abatement of applicable real
and personal property taxes that may be eligible in the current tax year.
4. CRG – Continue 70% abatement of applicable real taxes that may be eligible in the current tax
year.
5. Lowe’s Home Centers, Inc. – Continue 50% abatement of applicable real taxes that may be
eligible in the current tax year, contingent upon filing of DTE 23.
6. Ohta Press US, Inc. (Agreement #2) – Continue the 45% abatement of applicable real and
personal property taxes.
7. SAS Automation, LLC. (Agreement #1) – Continue the 36% abatement of applicable real and
personal property taxes.
8. Superion, Inc. (Agreement #2) – Continue the 40% abatement of applicable real and personal
property taxes.
9. Twist, Inc. (Agreement #4) – Continue the 75% abatement of applicable real and personal
property taxes.
10. Yoder Die Casting Corp – Continue the 75% abatement of applicable real and personal property
taxes.
The City of Xenia’s OEZ Program can help industries locate in Xenia and help them expand in
the city.
Mr. Percival requested that Council approve all the actions recommended by the Greene County
Tax Incentive Review Committee, as presented, and direct the OEZ Annual Report to be
forwarded to the Greene County Commissioners for their consideration. He noted Mr. Brodsky,
Mr. Louderback, and Mr. Bazelak attended the TIRC meeting.
Motion by Councilman Caupp, seconded by Vice President Miller, to accept all the actions
recommended by the Greene County Tax Incentive Review Committee, as presented, and that
the OEZ Annual Report be forwarded to the Greene County Commissioners for their
consideration. Discussion followed.
Mayor Pennewitt asked the total costs in 2008 abatements that the city gave to the businesses
mentioned. Mr. Brodsky said the total abatement amount for real estate property taxes in 2008
was $116,009 (the tangible and personal property tax is no longer taxed). The total paid for 2008
was $265,365. They abated less than half the total amount collected on those agreements.
Nays: None
motion carried.
Nays: None
motion carried.
ORDINANCE AMENDING SECTION 1272.02 PERMITTED PRINCIPAL USES OF
CHAPTER 1272: I-1 LIGHT INDUSTRIAL DISTRICT OF THE XENIA CODIFIED
ORDINANCES FOR THE PURPOSE OF ALLOWING VEHICLE TOWING OPERATIONS
AND STORAGE FACILITIES WITHIN THE CITY OF XENIA, and it was read for a second
time.
Motion by Councilman Caupp, seconded by Councilman Louderback, that Ordinance Number
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING SECTION 1274.02 PERMITTED
PRINCIPAL USES OF CHAPTER 1274: I-2 HEAVY INDUSTRIAL DISTRICT OF THE
XENIA CODIFIED ORDINANCES FOR THE PURPOSE OF INCORPORATING
STANDARDS RELATIVE TO AUTOMOTIVE WRECKING, JUNK OR SALVAGE YARDS,
Motion by Councilman Louderback, seconded by Councilwoman Mills, that Ordinance Number
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING SECTION 1240.05 DEFINITIONS;
RULES OF CONSTRUCTION OF CHAPTER 1240: GENERAL PROVISIONS AND
DEFINITIONS OF TITLE SIX: ZONING OF THE CODIFIED ORDINANCES OF THE CITY
OF XENIA, and it was read for a second time.
Motion by Councilman Caupp, seconded by Mayor Pennewitt, that Ordinance Number 09-11 be
now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilwoman Mills invited
everyone to attend the Youth Recreation Basketball championship games beginning at 10 a.m. on
March 28th at Xenia High School. This is quite an exciting time for our local youth since this is
their “March Madness.” She hopes everyone comes out and supports the children. The Xenia
High School Hip-Hop Dance Club will also perform that day. The team was spotlighted on
Channel 45 News. They won the Jamfest Super Nationals in Cincinnati and the team was
awarded the Grand Championship. The team is quite exciting to watch. She hopes people come
out to support them. The Easter Egg Hunt will be held at Shawnee Park on Saturday, April 4,
2009, at 2 p.m. This year there will be staggered starting times for the Easter Egg Hunt so
parents will be able to see each child and be able to help them. Children ages 4 and under will
start at 2:15 p.m., children ages 5 to 8 will start at 2:30 p.m., and children ages 9 to 12 will start
at 2:45 p.m. Not only will children be able to collect Easter eggs and win baskets, the “Easter
Bunny” will also be there. Bob Evans Restaurant in Xenia donated 250 free kids’ meal coupons.
She hopes everyone attends. Mayor Pennewitt thanked Bob Evans for being so conscientious
about sharing and promoting the City of Xenia. You might want to think about that the next time
you want to buy a sandwich. Councilwoman Mills said she also appreciated all the support Bob
Evans has given the city over the years.
Councilman Louderback noted the Xenia High School Hip-Hop Dance Club has won several
awards. The team will be competing in the U.S. Nationals in Las Vegas. Hats off to the team!
Tonight’s Xenia Daily Gazette had an article about a new sign at the city limits recognizing
Xenia Community Schools as a “School of Excellence.” He always knew Xenia had excellent
schools but they are finally being recognized. Congratulations to Xenia Community Schools.
Councilman Caupp said he would also like to offer his condolences to the family of Jerry
Shumaker. When he first began serving on the Xenia Civil Service Commission, Mr. Shumaker
was on the CSC. He always had a story or piece of advice on how it was done back in the day.
He was a Democrat and always reminded him of that. Mr. Shumaker will be missed. He
congratulated Capt. Dan Donahue who will be retiring after 33 years of service to the Xenia
Police Division. He also congratulated Kent Anderson, the Xenia High School Girls’ basketball
coach. Mr. Anderson is carrying on the tradition of other family members who have coached at
Xenia High School. He was named the Southwest All District Division I “Coach of the Year” by
the Associated Press. The city should congratulate Mr. Anderson on his award.
Mayor Pennewitt thanked Kettering Health Network for their gracious contribution of $40,000 to
X*ACT. X*ACT is four years old. They purchased a building and were in the process of
renovating it. When Kettering Health Network heard about their need, they were gracious
enough to donate $40,000. We are all aware that Greene Memorial Hospital is a Kettering
Health Network partner. There are surprises in this world today and that was certainly one of
them.
Vice President Miller noted at the last Council meeting, he shared that he survived a recent rollover accident because he was wearing his seatbelt. Sadly, since that meeting three Greene
County residents who were not wearing their seatbelts lost their lives when they were ejected
from their cars. Remember to be safe and wear your seatbelt so you will have a chance to live
another day.
President Propes said most communications that Council receives from citizens are negative.
This week he received a rather positive letter in the mail and read it into the record:
“My name is Christine. My children and I live in a 3-bedroom brick ranch in Xenia.
I bought this house when I was at a job that paid about $15,000 more a year than I make now.
The past couple of years have been very difficult with raising teenagers and working full time to
pay the mortgage. Repairs? Upkeep? We have just been working on survival.
Last summer, a friend mentioned that the Department of Development helps lower income
homeowners. I went on-line and then called for an application. Everyone has been so helpful
through this process. I am still so amazed by this program. The work will begin on my home
soon. A new front door and the original windows will be replaced. The main water shut-off is
located behind the water heater and doesn’t have a handle. That will be getting moved for easier
access. There are a few other things that will be getting done.
I cannot fully express how grateful I am for this assistance. This is a program that deserves
special recognition. This impacts not only my life but gives work to local contractors. They buy
their supplies from local companies. My home will be more energy efficient; saving me money
and also helping the environment.
The City of Xenia Department of Development is doing a great thing. I have e-mailed
www.recovery.gov and pray it gets noticed. Thank you so much!”
President Propes said it is always nice to hear that city departments are doing a good job rather
than hearing negative comments and complaints. Council will listen to complaints and try to
rectify them, but it is also nice to hear good things.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilman Louderback, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
City of Xenia
Special Session
March 14, 2009
9:00 a.m.
The Xenia City Council met in a Special Session on March 14, 2009, at 9:00 a.m. in the City
Council Chambers, City Hall, with the following members present: John Caupp, Dale
Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis R. Propes.
William R. Miller was absent.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to go into an Executive
following:
Ayes: Caupp, Louderback, Mills, Felton, Pennewitt, and Propes
Nays: None
motion carried.
The City Council convened in Executive Session in the First Floor Conference Room, City Hall,
with the same members present to discuss Personnel Matters.
Xenia City Council
Xenia City Council
March 26, 2009
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on March 26, 2009, at 6:30 p.m., in the
Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to meet in Executive Session to
Nays: None
motion carried.
Regular Session
7:00 p.m.
INVOCATION: Xenia YMCA Director, David Thompson, gave the invocation after which all
joined in the Pledge of Allegiance. Mr. Thompson introduced his daughter, Sela, age 6½, a
kindergarten student at Tecumseh Elementary School. He noted his daughter was so excited
about meeting Mayor Pennewitt – it made her day!
Louderback, to approve the March 12, 2009, Regular Session minutes as written. No discussion
Abstain: Felton
Nays: None
motion carried.
Motion by Councilman Louderback, seconded by Councilman Caupp, to approve the March 14,
2009, Special/Executive Session minutes as written. No discussion followed. The Roll on this
was the following:
Abstain: Miller
Nays: None
motion carried.
Vice President Miller apologized for not attending the March 14th Special Session. He was home
with his five children while his wife worked.
XCC Meeting Minutes, March 26, 2009, Page 2
PUBLIC HEARINGS:
Request to Rezone Two (2) Parcels on S. Columbus Street from I-2 Heavy Industrial
District to A-1 Agricultural District. President Propes opened the public hearing and asked for
the staff report. Mr. Percival said the two parcels involved are owned by Robert W. Louderback,
Sr., of 900 Birch Road, Xenia, Ohio, and located east of South Columbus Street, south of the
Ohio Erie Trail and north of Birch Road. The land is currently being used for agricultural
purposes. Mr. Louderback would like Council to consider introduction of an ordinance rezoning
40.9 acres of land from I-2 Heavy Industrial District to A-1 Agricultural District. He noted City
Planner, Nimfa Simpson, was available for questions.
President Propes entertained comments or questions from Council. None were presented.
President Propes invited those in favor of the rezoning to step forward to speak.
Robert W. Louderback, Sr., 900 Birch Road, Xenia, said the parcel being discussed is zoned
I-2 Heavy Industrial District, which he did not understand because nothing could ever be built
there. He felt the best use of the southern parcel is for agricultural use, which he intends to do.
The north parcel, which is mostly in the flood plain, will be kept as open space; it could never be
used for heavy industrial use. There is no other use for the southern parcel except agricultural.
President Propes invited those against the rezoning to step forward to speak. No one came
forward to speak. He then invited those neither for nor against the rezoning to step forward to
speak. No one came forward to speak.
Councilwoman Felton said on March 5, 2009, XPZC voted in favor of the rezoning but had
questions on the easement and depth of the sewer line. The city has an easement for the sewer
line that goes across the property. She asked the depth of the sewer line. Chris Berger, City
Engineer, said the depth of the sewer is within a range of 8 to 14 feet and is deep enough so there
is no danger of heavy farm equipment damaging it. Councilwoman Felton noted there was a
problem at one time with heavy farm equipment damaging the sewer line. Mr. Berger agreed.
President Propes closed the public hearing at 7:08 p.m. and entertained an introduction of the
ordinance.
Councilwoman Felton introduced an ORDINANCE REZONING 40.904 ACRES OF LAND
CONSISTING OF TWO PARCELS LOCATED ON SOUTH COLUMBUS STREET AND
BIRCH ROAD OWNED BY ROBERT W. LOUDERBACK FROM I-2 HEAVY INDUSTRIAL
DISTRICT TO A-1 AGRICULTURAL DISTRICT, and it was read for a first time.
Amendment to FY 2008 Small Cities Community Development Block Grant (CDBG)
Formula Allocation. President Propes opened the public hearing and asked for the staff report.
Mr. Percival said this is the second of two public hearings to discuss the Small Cities
Community Development Block Grant (CDBG) Programs for the year. Council is also requested
to approve an Emergency Ordinance authorizing the City Manager to submit a request to amend
the FY 2008 CDBG Formula grant application to the State of Ohio. Since last spring, several
occurrences led staff to recommend an alternate section of the bike route and to add an additional
project to the grant. The additional project is the construction of an oval-shaped walking path
and connectors as part of the Spring Hill Park Master Plan that Council previously reviewed and
approved. The project is recommended as part of the Amendment to the FY 2008 CDBG Grant
and is an eligible cost under the CDBG Grant, which the city does not currently have budgeted in
the General Capital Improvement Fund 361. The second amendment is to change Towler/
Sheelin pedestrian/bike path connector to West Side Park. The originally approved grant called
for a pedestrian/bike bridge to cross a stream at West Street. Due to subsequent cost estimates
and concerns about the feasibility of the bridge construction, the City of Xenia is now asking to
replace this project with a project to connect the bike path between the already constructed
portions along Towler Road. This “missing gap” in the original project will provide continuity
and more safety to cyclists and pedestrians utilizing Towler Road. The City has the ability to
spend the money that is currently available, but a formal public hearing must be held to request
Council approval on the two changes to the FY 2008 CDBG Grant. He noted Mary Crockett,
Community Development Director, was available for questions.
President Propes invited Council comments.
Councilwoman Felton asked how much money the city would be required to spend to complete
the projects. Mr. Percival said the city would be required to spend no money—it is a ‘zero’ local
share.
President Propes invited those in favor of the amended FY 2008 CDBG Formula Grant activities
to step forward to speak. No one came forward to speak. President Propes invited those against
the amendments to step forward to speak. No one came forward to speak. He then invited those
neither for nor against the amendments to step forward to speak. No one came forward to speak.
Mr. Percival respectfully requested that Council waive the second reading of an ordinance at two
consecutive meetings and pass as an emergency an Ordinance authorizing the City Manager to
submit an amendment request to the State of Ohio for the City of Xenia FY 2008 Formula
Allocation funds.
Mayor Pennewitt presented a ORDINANCE AUTHORIZING THE CITY MANAGER TO
SUBMIT AN AMENDMENT TO THE FISCAL YEAR 2008 OHIO SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FORMULA ALLOCATION
FUNDS AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT OF
placed at once upon its passage. Discussion followed. Councilwoman Felton clarified only two
FY 2008 CDBG Formula Grant projects would be done. Mr. Percival said that was correct. The
Nays: None
motion carried.
Nays: None
motion carried.
Planning & Zoning Commission: Councilwoman Felton said XPZC met on March 5th
and recommended that City Council approve the rezoning of two (2) parcels on S. Columbus
Street from I-2 Heavy Industrial District to A-1 Agricultural District, which was done tonight.
Mayors & Managers: Mayor Pennewitt said Mayors & Managers met on March 11th at
a wonderful restaurant in Oakwood called C’east Tout. Don Spange, Executive Director of
MVRPC, gave an update on the transportation dollars and projects from the Federal Economic
Incentive Dollars. Tonight, Councilman Louderback shared copies of two of the four project
requests submitted by the City of Xenia for federal funding. The city requested over a million
dollars for the downtown streetscape project, but was awarded only $209,348. The other project
requested (and awarded) was for $51,123 for the bicycle/pedestrian crossing at Xenia Station to
Ohio Erie Trail. Additionally, the full amount of $3,209,681 was approved for the Greene
County Innovation Way project (behind Legacy Ministry). Mr. Percival clarified that the
Innovation Way project was approved for $2.3 million. Mayor Pennewitt agreed. Councilman
Louderback stated none of the projects have been approved. Mr. Percival agreed; MVRPC will
take official action in April 2009.
Miami Valley Regional Planning Commission: Councilman Louderback said he
attended the March 5th meeting. Mayor Pennewitt already shared the recommended projects that
will be voted on in April. He was very disappointed that the City of Xenia did not receive more
money. It seemed to him that the money was distributed elsewhere to a great degree. However,
some money is better than nothing.
Councilwoman Felton asked which cities received funding. Councilman Louderback said money
went to Beavercreek, Trotwood, and Huber Heights – everywhere but Xenia. Mr. Percival said
88 projects totaling almost $70 million were submitted to MVRPC but MVRPC only had $17.3
million in funding. He and the City Engineer really hoped to get funding for the Cincinnati
Avenue Pavement and Sidewalk Rehabilitation Project ($874,273), but it was not even
considered. They hope the project will be approved for funding through other sources where it
was also submitted. This is just round one. He agreed with Councilman Louderback. He
wished the city had been awarded more money, but hopefully more funding will be approved
from other sources.
Councilman Louderback stated out of $17 million, the city got $250,000. Councilwoman Felton
asked how much money was awarded to the City of Dayton. Councilman Louderback said
Dayton got quite a bit of money. Mr. Percival said there was $17 million available for
transportation projects, but there was also $22 million for RTA’s and bus lines. Of the $22
million he thought the Dayton RTA got around $20 million. Greene CATS got a little bit of
money. Councilman Louderback thought it was based on who you know.
met on March 10th and discussed the following:




The needs for the city’s parks and how Spring Hill Park is moving forward. The approval tonight
of the CDBG amendments will allow for improvements at Spring Hill Park as well as completion
of the Towler/Sheelin pedestrian/bike path connector.
Tabled discussion on fundraising activities until the April meeting until after the 2009 budget was
finalized.
Easter Egg Hunt: Saturday, April 4, 2009, at 2 p.m. at Shawnee Park for ages 0 to 12.
Join Hands Day: This volunteer day will be held on Saturday, May 2 nd from 9 a.m. until 1 p.m. in
downtown Xenia. Further information will be available on the city’s website and Channel 5.
Everyone is encouraged to participate in cleaning and sprucing up downtown Xenia.
Councilwoman Felton asked when the citywide clean-up week is scheduled. Mr. Percival said
the dates have not yet been scheduled.
ITEMS FROM CITY COUNCIL AND MAYOR:
Councilman Caupp—Requested Actions per Xenia Traffic Commission. Councilman Caupp
said as Chair of the Xenia Traffic Commission, he submitted two issues for consideration and
approval tonight:
Issue 1: Request for installation of stop bars and 25’ of double yellow center lines at the
intersections of Purcell Drive at Hollywood and on Alameda at Purcell Drive. As Chair of the
Commission, he raised this issue at the November 3, 2008, Xenia Traffic Commission meeting relative to
a citizen’s request. The citizen complained about drivers’ cutting corners, resulting in several near
misses. The resident’s recommendation was to install stop bars at the above-mentioned intersections
along with lane lines. The Xenia Traffic Commission discussed the resident’s request and all
Commissioners approved the motion to install stop bars with a 25’ of double yellow center lines at the
following intersections: on Purcell Drive at Hollywood and on Alameda at Purcell Drive. Upon
Council’s approval tonight, the City Engineer will be asked to make those improvements to those
intersections. One of the major concerns was the amount of traffic entering and exiting the nearby soccer
fields. After discussion, all Commissioners agreed that the installation of stop bars with a 25’ of double
yellow center lines would draw attention to the intersections.
Issue 2: Request for Street Light at Hill and Columbus Streets. This citizen request was initially
presented to the Traffic Commission on June 2, 2008. His concern was the street light was shaded by
very mature trees, and the area where residents park is very dark. The Traffic Commission discussed this
issue further on July 7, 2008. At that meeting, it was determined that DPL Energy owns the street light,
and Councilman Caupp and city staff would have to consult with the City Manager on this issue. The
Traffic Commission discussed the issue again on August 4, 2008. Commissioner DeHaven recommended
the street light be moved to a better location to better illuminate the area and requested that staff check
with DPL Energy to determine if this was feasible. On January 5, 2009, the Assistant City Engineer
updated the Commission on this issue. DPL Energy submitted a bid of $95.00 to move the existing light
to a pole closer to the intersection. Further, installing a light with different lumens would illuminate the
intersection more effectively thereby providing a safer environment for the residents. Upon Council’s
approval, the City Engineer will be asked to schedule the improvements to that intersection. He noted a
huge tree currently blocks the street light, which is quite a distance back from the intersection. DPL
Energy would move the light arm on the east side of the intersection to the pole closest to the intersection
which will illuminate the intersection much better at a cost of only $95.
Motion by Councilman Caupp, seconded by Councilwoman Mills, to install stop bars with 25’ of
double yellow center lines at the intersections of Purcell Drive at Hollywood and Alameda at
Purcell Drive, and direct the Engineering Department staff to coordinate this project accordingly.
No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Caupp, seconded by Mayor Pennewitt, to contract with DPL Energy to
move the light arm on the east side of the intersection of Hill Street and Columbus Street to the
pole closest to the intersection and change the head fixture per their quote, and direct the
Engineering Department staff to coordinate the project at a cost of $95.00. No discussion
Nays: None
motion carried.
Passage of Emergency Final Appropriations Ordinance for City Fiscal Year 2009.
Mr. Percival said they have been working on the budget for quite some time. The budget was
originally introduced at the February 26, 2009, City Council regular session. Since that time,
staff has discussed changes and deletions that needed to be made from the 2009 budget and the
out years to ensure that the city maintains its fiscal soundness. He thanked the Finance
Department staff and City Manager’s staff for their hard work over the last few months to ensure
they provide the best possible services with the money available. Mr. Percival respectfully
requested that Council waive the second reading of an ordinance at two consecutive meetings
and approve as an emergency an ordinance adopting the 2009 operating budget for the City of
Xenia.
Councilman Louderback presented an ORDINANCE TO MAKE FINAL APPROPRIATIONS
FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF XENIA,
OHIO, DURING THE FISCAL YEAR BEGINNING JANUARY 1, 2009, AND DECLARING
AN EMERGENCY.
Motion by Councilman Louderback, seconded by Vice President Miller, that the rules requiring
Councilwoman Felton stated she received a copy of the Authorized Personnel List that she
requested. She asked if the new part-time positions were included in the 2009 budget.
Mr. Merriman said yes.
Councilwoman Felton noted Council froze all new hiring.
Mr. Merriman said when the original budget was submitted last fall, two new part-time Water
Treatment Plant Operator I’s were included. Those positions would be paid from the Water
Operating Fund and would have no impact on the General Fund or Fund 221, which are the two
key operating funds. There is an increase in personnel there. As originally budgeted, a part-time
secretary is listed under the Engineering Department. At this point, due to the city’s current
financial situation, that will not be pursued at this time. The only changes currently included in
the 2009 budget would be the addition of the two part-time Operator I’s at the Water Treatment
Plant. Mr. Percival asked Mr. Merriman if he recalled at which meeting those positions were
discussed. Mr. Merriman said the positions were discussed during a work session regarding the
reorganization [11-08-08] and on one other occasion.
Councilwoman Felton said she was not debating whether the positions were discussed. Her
point was that Council voted on a freeze for hiring new positions. Mr. Percival said no one has
been hired for those positions. Mayor Pennewitt noted the positions were included in the 2009
budget. Councilwoman Felton agreed.
Councilman Caupp asked about the Management Analyst for Public Service. Mr. Percival said
as part of the overall Public Service Department reorganization, they discussed upgrading Lisa
Waters, who is currently the secretary for that department, to compensate her for the actual
functions she is providing. It is not a new position but an upgrade for that individual. When a
final decision is made on what they are going to do about bringing building inspection back inhouse, there may be a need for a part-time clerk. The city would have to do the entire permit
intake paperwork in-house and would receive 10% of the building permit fees, which would
cover the costs of a part-time clerk. Councilman Caupp asked if Ms. Waters was being moved
into the Management Analyst position now. Mr. Percival said yes, that is their recommendation.
Councilwoman Felton suggested that Mr. Percival explain that Ms. Waters has been doing the
duties of a Management Analyst for over 18 months. Mr. Percival agreed, which is why they
made the recommendation to upgrade the position last fall. Ms. Waters has been functioning in
the Management Analyst role for two years. She has been doing all the bid documents, bid
packages, and all the work that a Management Analyst does, and has been doing that for the
Engineering, Public Service, Water, and Wastewater Departments.
Mayor Pennewitt asked how much money the new position would cost. Mr. Merriman said they
are seeking approval for a half-time employee, minus the benefits. He thought the starting range
for an employee in that position is about $30,000, so the costs would be half that. He did not
have the exact figures with him but offered to get the figures to the Mayor.
Nays: Felton
motion carried.
Motion by Councilman Louderback, seconded by Vice President Miller, that Ordinance Number
Nays: Felton
motion carried.
Approval of Change Order for City Building HVAC Project. Mr. Percival noted on
September 25, 2008, Council approved $267,620 for an upgrade to the controls of the City
Building HVAC system. During these improvements, numerous apparatuses were found to be
inoperable or inadequate to meet contemporary needs that they were unable to identify in the bid
documents. The recommended change order descriptions are:
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$3,972.00
$4,692.00
$1,184.00
$1,976.00
$1,484.00
$13,308.00
Upsize of the PD Server Room
XMC Clerk Office new Variable Air Volume Box (VAV), duct and diffuser.
VAV boxes not on City Building prints
Failed hot water valves/actuators (5)
Zone air damper retrofit
Due to various discoveries during the HVAC rehabilitation process, staff is undertaking a review
of the previous maintenance agreements and work completed by Rieck Services, Inc. to assess
whether the city should pursue recovery of any funds spent for services not fully rendered. He
believed the failed hot water valves/actuators and some of the VAV box items should be covered
because they should not have failed if they were being properly maintained by the former
maintenance crew.
Mr. Percival respectfully requested that Council approve Change Order #1 for the City Building
HVAC Rebuild Project and authorize a Purchase Order to Waibel Energy Systems (the current
contractor) in the amount of $13,308.00 for the completion of the project.
Motion by Councilman Louderback, seconded by Councilwoman Mills, to approve Change
Order #1 for the City Building HVAC Rebuild Project and authorize a Purchase Order to Waibel
Energy Systems in the amount of $13,308.00 for the completion of the project. Discussion
followed.
Councilman Caupp noted Mr. Percival stated they hope to recoup over half the costs from the
former maintenance contract. He previously raised an issue with contracts. When a contractor
bids a job, they inspect a building or look at the work that needs to be done. It would be no
different than him having a new furnace installed in his house. If the contractor submitted a bid
but then added $1,000 to the job because he did not perceive certain things happening, he would
tell the contractor that he submitted an estimate for a certain amount of money. He personally
does not like contractors coming back to the city with change orders because they don’t inspect
the property and submit the correct bid the first time. He understood the city hopes to be
reimbursed for part of the expenses for the change order. If that is the case, he hopes they are
taking legal action against the previous contractor to recoup the $6,668. President Propes agreed.
Ayes: Miller, Louderback, Mills, Felton, and Pennewitt
Nays: Caupp and Propes
motion carried.
Award of Bid for Live Fire Training Trailer. Mr. Percival said in 2008, the Fire
Division applied for and received a grant from the Department of Homeland Security (DHS),
Assistance to Firefighters Grant program (AFG). The Fire Division then developed a bid packet
for the purchase of a live fire training trailer. The trailer will definitely be used by the city to
train our firefighters. He respectfully requested Council award the bid for a live fire training
trailer to Kidde Fire Trainers, Inc., and authorize him to execute a purchase order in the amount
of $344,615. The city will be responsible for 10% of the total cost or $34,462; the remaining
90% will be reimbursed to the city by DHS. He noted Deputy Chief Steve Pegram was available
for questions.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to award the bid for a Live Fire
Training Trailer to Kidde Fire Trainers, Inc., and authorize the City Manager to execute a
purchase order in the amount of $344,615. Discussion followed.
Councilwoman Felton asked where the trailer would be stored. Deputy Chief Pegram said the
trailer would be permanently stored at the City Service Center on Towler Road. It is a mobile
trainer that can be set-up anywhere there is access to water. You may occasionally see the trailer
parked at Station #1 or other locations around the city.
Councilwoman Felton noted they originally discussed allowing other fire departments to use the
training trailer. Deputy Chief Pegram said because the Department of Homeland Security
encourages their grant to be used on a regional basis, they stated in the grant application that
other communities would be allowed to borrow the training trailer. Of course, they would have
to train those people. A “Train the Trainer” class is included in the bid packet to teach all the
fire instructors how to use and safely operate the training trailer. There will also be a set of
liability waivers that the community using the trailer would have to fill out to release the city
from any liability. Councilwoman Felton felt the key was that the city is accommodating and
working with other agencies. Deputy Chief Pegram agreed.
Councilman Louderback asked how long the trailer would last. Deputy Chief Pegram said he did
not know the exact timeline because it would depend on how often it is used. Some training
trailers in Warren County have been in service for 10 to 15 years. The trailer must be visually
inspected annually. If there are cracks or damage, an inspection from the manufacturer or
engineer would be required to certify that the trailer is still useable.
Councilman Louderback noted the city has to pay a lot of money to have houses demolished. He
asked if the Fire Division could use the trailer to do training on demolishing houses. Deputy
Chief Pegram said they could. However, one reason they wanted to purchase the training trailer
was because they are finding it much harder to burn down houses as part of fire training. The
EPA and air pollution people are really enforcing more rules on Fire Departments as far as
issuing permits and being allowed to do that training. Another problem is the proximity of
adjacent houses to any other structures on property lines. He thought the requirement was 100
feet but most homes in Xenia are fairly close together. People have contacted him about burning
down a house as part of fire training. Upon inspection of the property, the house may only be 12
feet from the neighbor’s house, which prohibits it from being used for fire training purposes.
Councilman Louderback asked if it was an option if the houses were more than 100 feet apart.
Deputy Chief Pegram said it is still an option, but the owner would have to pay the expense of
proving that asbestos has been abated and EPA air pollution permits must be filed. They must
also follow the State of Ohio’s stringent requirements for fire training. This portable device has
many built-in safety systems and is designed to be burned repeatedly. With one flip of a switch,
the fire can be stopped. He noted the company stated they could deliver the trailer by late
October because it takes about six months to build.
Nays: None
motion carried.
Introduction of three (3) Ordinances amending Chapter 250 Community
Development, Chapter 244 Public Service, and creating Chapter 246 Planning and Zoning.
Mr. Percival said the ordinances would have two effects: (1) reorganize the Public Service
Department; and (2) put into effect some of the things that have normally been done in the Public
Service Department. For example, the Engineering Department was moved from the
Community Development Department several years ago. Although other changes were made ten
years ago, the ordinances were never changed to reflect those changes. These changes will more
accurately reflect the functional reality of our operations. In addition to the specific legislative
changes, the following are functional adjustments that will result from these changes:
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Public Service Divisional Oversight: The Maintenance and Wastewater Treatment Supervisors
will be reclassified (as non-classified, exempt), to the positions of Maintenance Superintendent
and Utilities Manager, respectively.
Public Service Director: The Assistant City Manager will assume this role indefinitely,
coordinating with the City Engineer, Maintenance Superintendent, and the Utilities Manager to
streamline public service operations;
The Community Development and Planning and Zoning Departments will report through the
Assistant City Manager.
Mr. Percival noted Mr. Merriman was available for questions. He respectfully requested that
Council introduce the following ordinances:
Motion 1. Introduction of an Ordinance amending Chapter 244: Department of Public Service of Title
Six: Administration of Part Two – Administration Code of the Codified Ordinances, to re-organize the
Department of Public Service.
Motion 2. Introduction of an Ordinance amending Chapter 250: Department of Community
Development of Title Six: Administration of Part Two – Administration Code of the Codified
Ordinances, to repeal certain divisions and creating a Division of Code Enforcement.
Motion 3. Introduction of an Ordinance creating Chapter 246: Department of Planning and Zoning of
Title Six: Administration of Part Two – Administration Code of the Codified Ordinances.
President Propes entertained comments from Council. Councilwoman Felton said she already
spent an hour on the phone with the Assistant City Manager.
Vice President Miller introduced an ORDINANCE AMENDING CHAPTER 244:
DEPARTMENT OF PUBLIC SERVICE OF TITLE SIX: ADMINISTRATION OF PART TWO
- ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA
TO INCLUDE THE DIVISION OF ENGINEERING, and it was read for a first time; and
Vice President Miller introduced an ORDINANCE AMENDING CHAPTER 250:
DEPARTMENT OF COMMUNITY DEVELOPMENT OF TITLE SIX: ADMINISTRATION
OF PART TWO - ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE
CITY OF XENIA, TO REPEAL CERTAIN DIVISIONS AND CREATING A DIVISION OF
CODE ENFORCEMENT, and it was read for a first time; and
Vice President Miller introduced an ORDINANCE CREATING CHAPTER 246:
DEPARTMENT OF PLANNING AND ZONING OF TITLE SIX: ADMINISTRATION OF
PART TWO - ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE
CITY OF XENIA, and it was read for a first time.
Approve Contract for Retail Economic Development Strategy. Mr. Percival noted on
January 24th, he presented a proposal to Council to work on a professional services contract with
Buxton to develop a retail economic development strategy for the City of Xenia and to also
acquire the SCOUT system. The SCOUT system is part of the overall strategy but also allows
them to have demographics, psychographics, and site information on-line about all the sites in
Xenia. That information can be downloaded and forwarded to any potential retail, industrial, or
commercial clients.
There are several elements to complete the study. Buxton will first research and verify Xenia’s
retail trade area; they will then evaluate Xenia’s retail potential. As part of this, they will profile
the population into 66 market segments that reflect the buying habits of the customers in the
household. The third element to completing the project is matching retailers and restaurants to
Xenia’s market potential. The final element is delivering the individual market packages to the
City. Each of these marketing packages includes a letter from Buxton that explains why Xenia
and the potential clients are a good match, along with all the demographic and psychographic
information that demonstrates Xenia’s qualifications as a location. He would expect to see
limited activity in 2009 based on this investment, and then more activity in 2010, 2011, and in
the years following. This economic development strategy will be a long-term strategy that
should be useful for many years to come. The total cost for the study is $55,000. The cost is
broken down as follows: $25,000 upon execution of the agreement, $20,000 upon delivery of the
retail site assessment, and $10,000 upon delivery of the marketing packages. The funds for this
study are budgeted in the 233 fund, which are specific dollars to be used for economic
development purposes. They do not anticipate using any General Fund Dollars to complete this
project.
Mr. Percival respectfully requested that Council authorize him to execute a contract with Buxton
to perform a Retail Economic Development Strategy in an amount not to exceed $55,000.
Motion by Councilman Caupp, seconded by Vice President Miller, to authorize the City
Manager to execute a contract with Buxton to perform a Retail Economic Development Strategy
in an amount not to exceed $55,000. Discussion followed.
Councilwoman Mills asked how the services this company offers are different from services that
XEGC already offers the city. Mr. Percival said XEGC does not have the breadth and depth of
information that Buxton has. Buxton only does community profiling. The company has 1,800
retailers that work with them directly but also has information in the data base on any retailer in
the United States that has more than three sites. That information is used to profile your
community and match your community with potential retail.
Councilwoman Felton asked what the monthly costs would be. Mr. Percival said the cost to
setup the SCOUT program is $3,000 and the monthly cost is $1,000. After the first year, the
setup costs are waived. In the out years, he recommends that the software maintenance cost of
$1,000 per month be split 50/50 between XEGC and the city since XEGC will also be able to use
the SCOUT program for industrial/commercial clients. Councilwoman Felton commented that
the city pays that bill anyway, so it doesn’t make any difference.
Councilwoman Felton asked if the city plans to pay the $1,000 monthly fee indefinitely.
Mr. Percival responded that they would pay the monthly fee as long as they continue to use the
SCOUT software. Like with any other software, the SCOUT software will continue to be
upgraded and improved, and the city will receive those upgrades. Although he could not give a
definite timeline, he estimated the city would continue to pay the $1,000 monthly fee for five to
ten years.
Councilwoman Felton asked how often the company upgrades the software and if that was
guaranteed in the city’s contract with Buxton. Many things are antiquated within months of the
purchase. Mr. Percival said the upgrades in the contract are free. Councilwoman Felton
disagreed. The city is paying a $1,000 monthly fee for the software and upgrades. Mr. Percival
noted the SCOUT software can be run on any personal computer. Councilwoman Felton thought
they would be unable to use the SCOUT software if the city stops paying the $1,000 monthly fee
since the city would not own the software. Mr. Percival said the city owns the software but does
not own the service. Councilwoman Felton asked how often the software would be upgraded to
make the system work. Mr. Percival said in the three years he has known Buxton, they upgraded
the software twice. He cannot guarantee how many times Buxton will upgrade the software.
Councilwoman Felton said she received a call from Dr. Lee Esprit. Dr. Esprit stated the city is
about ten years late – he tried to do this ten years ago.
Councilman Louderback said he and Councilman Caupp met representatives from Buxton while
attending the National League of Cities. He thinks it is a tremendous opportunity. The city has
an empty Wal-mart, Hollywood Video, and several other empty stores. Buxton will find retailers
for the vacant stores as well as bring new business to Xenia. Xenia needs shoes stores, women’s
clothing stores, as well as movie theatres, a skating rink, and a bowling alley for children. Not
only will Buxton bring new business, but that also means new jobs. In today’s economy, retail,
industrial, and high tech jobs in Xenia are the number one things on his mind. He realized
$55,000 seems like a lot of money, but the city would recoup that money if only one major
retailer located in Xenia. He is very supportive of the recommendation.
Councilman Caupp said he did his own research on Buxton. He and Councilman Louderback
originally met Chip Rogers at the National League of Cities. This is actually a $75,000 package.
They thought they were doing well when they were quoted $65,000, but the City Manager was
able to negotiate the fee at $55,000. He is actually saving the city $20,000 off the original quote
on this package. He agreed $55,000 is a lot to spend in this economy and given the city’s current
financial situation. However, this is the exact time to make this type of expenditure in order to
put Xenia ahead of other cities to try to draw attention to our city. This is all Buxton does.
Buxton works with thousands of retailers currently and will try to match our community with
some of those retailers. They will also broker meetings for the City Manager with those retailers.
He felt it was a very worthwhile expenditure and did not think they could not spend the money.
If they want to get “our ducks in a row” for 2011, 2012, and 2013, they need to spend the money
now. If they don’t spend it now, they will just be behind the eight ball three years from now. He
wholeheartedly hopes everyone supports the motion.
Councilwoman Mills noted there were city endorsements attached to the agenda package. One
of the cities that endorsed Buxton was Kingsport, TN. They were able to land Target, Kohl’s,
Old Navy, and many other larger retailers. South Bend, IN stated they got everything they were
promised and more thru Buxton and received new businesses and jobs. Rochelle, IL was also
very satisfied. Based on those comments, Xenia, Ohio, should be part of Buxton.
Mr. Bazelak said he discussed tracking the city’s return on investment with the City Manager.
As mentioned by Councilwoman Mills, there were some testimonials about what was brought to
communities by entering into a contract with Buxton. Although it may be difficult to do, he felt
it was important to track the city’s return on investment over a long period of time.
Nays: None
motion carried.
Vice President Miller said he agreed with the comments Dr. Esprit made to Councilwoman
Felton. Not only did Council try to get a contract with Buxton approved ten-years ago, they also
tried six years ago, and eight years ago, etc., but that did not work. He was glad they are now
moving forward.
Items for the City Manager: Mr. Percival reminded everyone about the Easter Egg Hunt
on Saturday, April 4, 2009, at 2 p.m. at Shawnee Park.
Councilman Caupp noted the guardrail at Main Street and Progress Drive has once again been
destroyed. He asked if those repairs would take a year like the other repairs took. Mr. Percival
said they are waiting to get the accident report information from the State Highway Patrol so
they can bill the insurance company of the person responsible for the damages. Mr. Lewis said
they do not yet know if the driver was insured.
Councilman Caupp asked if the city was reimbursed for expenses for the previous guardrail
damages at that location. Mr. Lewis said the city was reimbursed by one of the drivers. The city
sued the other driver and received a Judgment Entry against them. They had a Debtor’s Exam
this week, but it is not real promising. The driver made an offer to pay some money toward the
outstanding balance, which is something he needs to bring to Council for their consideration.
There are not many assets available. He offered to provide further details to Councilman Caupp.
Mayor Pennewitt thought the Sheelin Road/Towler Road bike path was wonderful; it is nice to
complete these projects. She asked when Sterling Green Park would be completed. The city has
made promises for many years, and the completion of that park is long overdue. Mr. Percival
said he would check to be sure, but he thought improvements for Sterling Green Park and Wright
Cycle Park were included in the 2009 budget.
Councilman Louderback said he assumed the Traffic Signalization Project was completed.
Mr. Percival said it was completed. Councilman Louderback asked if all the signals had been
retimed – there are some terrible traffic signal timing issues in Xenia. Mr. Berger said the
signals were not retimed. The Traffic Signalization Project has not been completed nor has it
been accepted by the city. Mr. Percival agreed. It makes no sense for the city to accept the
project until the contractor gets it right. Councilwoman Felton said you cannot drive north or
south in the city again. Councilman Louderback said he is not a very patient person and he hates
sitting at those lights for five minutes. Mr. Percival said he never used to have to sit at the
Main/Detroit Street light while driving west on Main Street on his way to work in the morning.
Now, for nine out of the last ten mornings, he had to stop before he could make the turn onto
Detroit Street. It appears the timing is exactly backwards from the way it was previously.
Introduction of an Ordinance and revision to Income Tax Rules and Regulations to
allow use of a collection agency for delinquent income tax accounts. Mr. Bazelak noted the
City of Xenia purchased 1,200 collection accounts from GreenFlag Profit Recovery and has
started using these accounts to attempt collection on delinquent utility bills. Staff would like the
ability to also send delinquent income tax accounts to GreenFlag for collection. Currently, all
delinquent income tax accounts are subject to a complaint filed in Xenia Municipal Court. The
processing of a complaint and summons requires significant time and effort by the Income Tax
Division, the Police Division, and Xenia Municipal Court. They would like to try sending some
of the delinquent income tax accounts with lower balances to the collection agency prior to
generating a complaint and summons. Any of the accounts collected would reduce work in the
Income Tax, Police Division, and Municipal Court offices and reduce the additional costs to the
taxpayers ($10.00 fee for the collection agency versus a minimum of $115.00 in court costs and
fines).
Mr. Lewis noted currently Xenia Municipal Court uses a collection agency to collect past due
fines and costs. The likelihood is the bill may end up in collections even if they do take the
person to court.
Mr. Bazelak respectfully requested Council entertain the following motions:
Motion 1: Motion to waive the public hearing on the addition of a $10.00 debt collection fee for
delinquent income tax accounts sent to a collection agency.
Motion 2: Introduction of an ordinance amending Part Eight – Business Regulation and Taxation, Title
Four: Taxation, Chapter 880 and Part Two – Administration, Title Twelve: Fees, Chapter 298, Section
298.01 (d) to add a $10.00 debt collection fee for delinquent income tax accounts sent to a collection
agency.
Motion 3: Motion to amend the Income Tax Rules and Regulations as presented.
Motion by Mayor Pennewitt, seconded by Councilman Caupp, to waive the public hearing on the
addition of a $10.00 debt collection fee for delinquent income tax accounts sent to a collection
agency. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE AMENDING PART EIGHT – BUSINESS
REGULATION AND TAXATION CODE, TITLE FOUR: TAXATION, CHAPTER 880 AND
PART TWO - ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE
CODIFIED ORDINANCES OF THE CITY OF XENIA, TO ADD A $10.00 DEBT
COLLECTION FEE FOR DELINQUENT INCOME TAX ACCOUNTS SENT TO A
COLLECTION AGENCY, and it was read for a first time.
Motion by Mayor Pennewitt, seconded by Councilman Caupp, to amend the Income Tax Rules
and Regulations as presented. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Introduction of Two (2) Ordinances and revision to Utility Billing Rules and
Regulations to change Internet Merchant and on-line processing fees. Mr. Bazelak said the
city’s Accounts Receivable Manager, Diana Steck, recently became aware of a program from
VISA, MasterCard, and Discover that provides reduced transaction processing fees for utilities.
Our current Internet Merchant does not offer this program. Security National Bank was
contacted and they (in conjunction with their credit card processing partner Elavon) have
provided a quote which, when used in conjunction with this special program (Interchange Pass
Thru Utilities), will reduce our credit card fees. However, one requirement of this program is
that no type of convenience fee can be charged for credit card payments. Currently, e-onlinedata
charges us a 3.49% chargeback on VISA payments and 2.10% chargeback on MasterCard
payments. We are currently not accepting Discover since their fees were higher than VISA and
MasterCard. Elavon and Security National Bank are offering us processing at $0.75 per
transaction plus a 0.27% chargeback for VISA, MasterCard, and Discover. The city would no
longer be permitted to charge the $1.00 on-line processing fee for credit cards. The e-checks
involve a lot more administrative time, which is why they are requesting approval to increase the
on-line processing fee for e-checks to $2.00. Overall, these changes would have a positive
financial affect, if implemented.
Mr. Bazelak respectfully requested Council entertain the following motions:
Motion 1: Introduction of an ordinance authorizing the Finance Director to employ the services of
Elavon and Security National Bank for an Internet Merchant Account without competitive bidding.
Motion 2: Waive the public hearing to reduce the on-line payment processing fee for credit cards to
$0.00 and increase the on-line processing fee for e-checks to $2.00.
Motion 3: Introduction of an ordinance amending Part Two – Administration, Title Twelve: Fees,
Chapter 298 to delete the on-line payment processing fee for credit cards and increase the on-line
processing fee for e-checks to $2.00.
Motion 4: Motion to amend the Utility Billing Rules and Regulations as presented.
Councilwoman Felton asked what the city’s liability was if someone breaks into the credit card
processing system after the city agrees to accept credit card payments on-line. Mr. Lewis did not
believe the city would have any liability since the city is not actually administering that credit
card transaction. The person may have a cause of action against Elavon or Authorize.net, the
credit card processing companies, but he did not think the city would have any liability.
Mr. Bazelak said the city does not actually host the site; the city has a VPN (virtual private
network) connection. Mr. Lewis agreed—city staff is not actually processing the credit card
payments.
Councilwoman Mills introduced an ORDINANCE AUTHORIZING THE FINANCE
DIRECTOR TO EMPLOY THE SERVICES OF ELAVON AND SECURITY NATIONAL
BANK FOR AN INTERNET MERCHANT ACCOUNT WITHOUT FORMAL
COMPETITIVE BIDDING, and it was read for a first time.
Motion by Councilwoman Mills, seconded by Vice President Miller, to waive the public hearing
to reduce the on-line payment processing fee for credit cards to $0.00 and increase the on-line
processing fee for e-checks to $2.00. Discussion followed.
Councilman Caupp said he discussed the $2.00 e-check fee with Mr. Bazelak. From what he
could tell, if you still pay your bills on-line through your own bank, you are not charged the
$2.00 fee. Councilman Louderback asked if Councilman Caupp was sure. Mr. Bazelak said the
city does not charge the customer. If there is a fee, it is part of the contract a customer would
have with their own on-line banking system. The city receives checks for on-line payments from
banks that do not go through the city’s on-line system. If the customer uses an on-line banking
system and the bank charges a fee, the customer would pay that fee to the bank when the bank
pays the check to the city.
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE AMENDING PART TWO –
ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE CODIFIED
ORDINANCES OF THE CITY OF XENIA TO DELETE THE ON-LINE PROCESSING FEE
FOR CREDIT CARD PAYMENTS AND INCREASE THE ON-LINE PROCESSING FEE
FOR ELECTRONIC CHECKS (E-CHECKS) TO $2.00, and it was read for a first time.
Motion by Councilwoman Mills, seconded by Vice President Miller, to amend the Utility Billing
Rules and Regulations as presented. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to approve payment of bills
Councilman Louderback congratulated all the city departments except Xenia Municipal Court. It
seems like XMC insists on still buying from anyone except local businesses. For instance, XCM
spent $792.94 at Staples this month. He encouraged Xenia Municipal Court to jump on board.
Councilman Caupp referenced Kastle Electric on page 10 for $2,039.25 for emergency generator
tests. He asked if that was for testing the generators they found were not working at the Water
Treatment Plant. Mr. Percival said yes. Councilman Caupp asked if the generators could be
tested without spending $1,000 for the service. Mr. Percival said the company tested the
generator to see what was wrong with it. Once the new generator is installed, there will not be
any reason to test it, other than doing the regular weekly test.
Mayor Pennewitt referenced the bill from WBMP Xenia Car Wash on page 15 for $324
indicating 38 vehicles were washed. She asked if the city rotated the vehicles being washed and
wondered how it was determined which vehicles would be washed. Mr. Percival said he would
need to check on the breakdown. They are often Police Division vehicles.
Nays: Louderback
motion carried.
Introduction of Ordinances and Resolutions: Introduction of a Resolution to Submit
to County Auditor for tax valuation and dollar amount generated by 3.5 Mill Operating
Levy Renewal. Mr. Lewis said City Council is being asked to introduce legislation to submit to
the County Auditor for a determination of current tax valuation and the dollar amount that would
be generated by a 3.5 Mill Operating Renewal Levy. This is the first step in the process to place
the 3.5 Mill Operating Renewal Levy on the August 4, 2009, Special Election ballot. The intent
would be to introduce legislation at the City Council meeting on April 23, 2009, to place the 3.5
Mill Operating Renewal Levy on the August 4, 2009, ballot.
Mr. Lewis respectfully requested that Council introduce a Resolution to submit to the County
Auditor for a determination of total current tax valuation and of a dollar amount that would be
generated by each mill or fraction thereof for a 3.5 mill operating renewal levy.
Councilwoman Felton asked why this was not being done as an emergency in order to get it to
the County Auditor as quickly as possible. Mr. Lewis said it could be passed as an emergency.
Councilwoman Felton stated she does not like emergencies. Mr. Bazelak said that is why it was
not presented as an emergency! (Laughter followed.) Councilwoman Felton asked how soon
staff needed the information. Mr. Percival said it was on tonight’s agenda so they did not have to
ask Council to pass it as an emergency. Mr. Lewis stated Councilwoman Felton could make a
motion for emergency passage.
Councilwoman Felton presented a RESOLUTION TO SUBMIT TO THE COUNTY AUDITOR
FOR A DETERMINATION OF TOTAL CURRENT TAX VALUATION AND OF A
DOLLAR AMOUNT THAT WOULD BE GENERATED BY EACH MILL OR FRACTION
THEREOF FOR A 3.5 MILL OPERATING RENEWAL LEVY, AND DECLARING IT TO BE
AN EMERGENCY.
Motion by Councilwoman Felton, seconded by Councilman Louderback, that the rules requiring
the reading of a resolution at two consecutive meetings be dispensed with and this resolution be
placed at once upon its passage. Brief comment followed. Councilman Louderback felt
everyone knew he did not support the Replacement Levy but he will be 100% behind the
Renewal Levy, which means no new taxes. Residents might be seeing him in their
neighborhoods. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilwoman Felton, seconded by Councilman Louderback, that Resolution
Number 09-I be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Introduction of an Ordinance Amending Section 802.01 Definitions of Chapter 802:
Definitions of Title Two: Business Regulations. Mr. Lewis noted City Council passed
Ordinance 05-20, now known as Chapter 858 Sexually Oriented Businesses and Employees on
May 12, 2005. Recently, there have been changes to the Ohio Revised Code that change some of
the legal definitions pertaining to Sexually Oriented Businesses. He respectfully requested
introduction of an Ordinance amending Section 802.01 so that those changes be made and the
city’s code will be current.
Mayor Pennewitt introduced an ORDINANCE AMENDING SECTION 802.01 DEFINITIONS
OF CHAPTER 802: DEFINITIONS OF TITLE TWO: BUSINESS REGULATIONS, and it was
read for a first time.
READING OF COMMUNICATIONS AND DISCUSSION: Councilwoman Mills reminded
everyone that spring is here and residents will be soon be mowing yards. She asked them to not
blow their grass into the street and storm sewers, because they need to keep our streets and
sewers clean. She asked citizens to be aware of children playing outside. Enjoy the weather – it
has been long awaited.
Councilman Louderback said he attended the Youth Recreation Basketball tournament last
weekend. He congratulated the Parks and Recreation Department for a well run league and
tournament. The championship game finals will be held Saturday, March 28th at Xenia High
School. At 9:45 and 11:45 a.m., the Xenia High School Hip-Hop Dance Club will perform. They
are a great group. He encouraged everyone to attend the event. He noted Capitol Cleaners
reopened in Xenia on W. Second Street by Blockbuster Video. He understood Clark’s Cleaners
will be reopening next week. Bob Evans broke ground next to Applebee’s Restaurant on Harner
Drive. Downtown Café opened across from City Hall where What’s Brewing was located. He
commended the Greene County Commission for strongly opposing E-check, which he also
opposes. E-check was one of the biggest rip-offs ever. However, he did not agree with the
County on closing Mullins Swimming Pool. He understood the city or the YMCA discussed
possibly taking over that operation. Our kids don’t have anything to do in Xenia; to close our
pool is a slap in the face. Ohio River Road Runners, a 42-year old running club, will be in Xenia
on Sunday, April 5th. The event brings in hundreds of people to Xenia. He hopes we all support
that effort. Ms. Simpson shared with him that Xenia made the New York Times March 11th
crossword puzzle—No. 1 across clue: “Ohio town called the Bicycle Capital of the Midwest.”
Vice President Miller read a thank you note addressed to Council from Greg Shumaker, Jerry
Shumaker’s son. The Annual Rotary Pancake Breakfast will be held April 1st at the Greene
County Fairgrounds. The Friends of Greene County Children Services Annual Pasta Lunch will
be held April 7th from 11:30 a.m. until 1 p.m. at the First Church of Christ on Ledbetter Road.
The lunch costs $5.00. Delivery orders for five or more can be ordered in advance. He met a
Beavercreek parent last night whose 8-year old son will be running in the Ohio River Runners
Mini-Marathon. The child, who was an avid runner at age 4, was the youngest participant in the
Indianapolis Mini-Marathon last year. Finally, he noted his daughters, Maggie and Mary, will be
three on Monday.
Councilman Caupp, Mayor Pennewitt, Councilwoman Felton, and President Propes had nothing
further to share.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
April 9, 2009
Special Session
6:45 p.m.
The Xenia City Council met in a Special Session on April 9, 2009, at 6:45 p.m., in the City
Caupp, Dale Louderback, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis R. Propes.
Jeanne Mills was absent.
Mr. Lewis noted the agenda tonight deals with an emergency ordinance pertaining to the Law
Director’s Compensation. Until the City Charter changes, Council must approve by a majority
vote any changes in compensation for the three Appointed Officials.
Councilman Caupp clarified the $7,500 lump sum payment would be retroactive to October 1,
2008. President Propes said that was correct.
During the last Council meeting, Councilwoman Felton said she did not recall discussing making
the $7,500 lump sum payment retroactive. Mayor Pennewitt said Councilwoman Mills raised
the question about paying the Law Director an additional $15,000 retroactively to April 4, 2009.
Councilwoman Felton said she had a problem with making the $7,500 lump sum payment
retroactive. She recalled discussing making the $15,000 retroactive. President Propes clarified
Council recommended that the Law Director be paid a lump sum payment of $7,500 retroactive
to October 1, 2008. Councilwoman Felton said she did not remember recommending that.
Vice President Miller said he forgot to tell President Propes that Councilwoman Felton was
having problems with her e-mails so she probably did not receive the e-mail. President Propes
said he called and talked to Councilwoman Felton. Councilwoman Felton said she was still not
receiving e-mails. Councilman Caupp said he was not getting incoming e-mails; perhaps they
are being sent to his old e-mail address. He does receive e-mails on his phone.
President Propes entertained further questions.
Councilman Louderback said he did not object to approving the ordinance. Mayor Pennewitt
said she had no questions. Councilwoman Felton said she did not have any questions but would
vote “nay.”
President Propes entertained a motion to waive the second reading of an ordinance and approve
an emergency ordinance compensating the Law Director with a lump sum payment of $7,500.00.
Councilman Louderback presented an ORDINANCE PERTAINING TO LAW DIRECTOR’S
COMPENSATION, AND DECLARING IT TO BE AN EMERGENCY.
Motion by Councilman Louderback, seconded by Councilman Caupp, that the rules requiring the
Councilwoman Felton asked why the ordinance was not included in the regular session agenda
tonight in order to take the vote in public. Mayor Pennewitt noted the ordinance was an
emergency. President Propes said the vote on the ordinance could be taken during the regular
session tonight if that is what Councilwoman Felton preferred. Mayor Pennewitt noted the time
was 6:52 p.m. She asked if there was any reason they could not move forward. President Propes
said there was no reason they could not move forward.
Vice President Miller said he was fine either way. There is a motion on the floor and he was
willing to move forward with the vote. If Councilwoman Felton would like to make a motion to
table the motion, he would be willing to second her motion. Mayor Pennewitt clarified Vice
President Miller seconded the motion. Councilman Louderback stated he made the motion and
Councilman Caupp seconded it.
President Propes asked Councilwoman Felton how she would like to proceed. Councilwoman
Felton said she would not amend the motion but she thought they would get killed either way.
Councilman Caupp said they could just hire an Assistant Prosecutor. Councilwoman Felton said
Council was missing her point; there is an election coming. She did not get a raise. Supposedly,
the Appointed Officials are not getting their 3% raise and [non-union] staff are not getting their
3% raise. She was simply voicing her opinion; the rest of Council can do what they want to do.
Councilman Louderback noted [by not hiring an Assistant Prosecutor] they were saving the city
$32,000, which he thought was a pretty good savings. Councilwoman Felton said that would be
fine if the City had $32,000. We are trying to raise revenue to pay the bills, etc. She already
discussed her concerns with Mr. Lewis. President Propes asked for a roll call.
Ayes: Miller, Caupp, Louderback, Pennewitt, and Propes
Nays: Felton
motion carried.
Motion by Councilman Louderback, seconded by Councilman Caupp, that Ordinance Number
Nays: Felton
motion carried.
Mr. Bazelak noted another motion was needed. Council just passed the ordinance but now needs
to vote on the compensation for the Law Director. Mayor Pennewitt asked if it was noted that
the ordinance was passed as an emergency. President Propes said yes.
Motion by Councilman Caupp, seconded by Councilman Louderback, to approve the
compensation of the Law Director at $104,167.00 per year retroactive to April 4, 2009. No
discussion followed.
Nays: Felton
motion carried.
Regarding the information on the front of the Renewal Levy brochure, Councilwoman Felton
suggested enlarging the statement “NO increase in taxes.”
Councilman Caupp asked if the Renewal Levy brochure would again be included with the utility
bills. Mr. Percival thought the brochures would be passed door-to-door as well as including
them in the utility bills. Vice President Miller said a few people told him they never received the
brochure in their utility bill. He told them they must have received it because it was included in
his utility bill.
The Special Session was adjourned at 6:55 p.m. to go into Regular Session.
Xenia City Council
Xenia City Council
April 9, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on April 9, 2009, at 7:00 p.m., in the City
Caupp, Dale Louderback, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis R. Propes.
Jeanne Mills was absent.
INVOCATION: Dan McLean, Xenia First Church of the Nazarene, gave the invocation after
APPROVAL OF MINUTES: Motion by Councilman Louderback, seconded by Mayor
Pennewitt, to approve the March 26, 2009, Executive/Regular Session minutes as written. No
Ayes: Miller, Caupp, Louderback, Felton, Pennewitt, and Propes
Nays: None
motion carried.
PROCLAMATIONS:
National Public Safety Telecommunications Week in Xenia, Ohio. Mayor Pennewitt said
emergencies that require police, fire, or emergency medical services can occur at any time.
When an emergency occurs, the prompt response of police officers, firefighters, and paramedics
is critical to the protection of life and preservation of property. The safety of our police officers
and firefighters is dependent upon the quality and accuracy of information obtained from citizens
who telephone the Xenia/Greene Central Communications Center. The Public Safety
Telecommunicators are the first and most critical contact our citizens have with emergency
services and are the single vital link for our police officers and firefighters by monitoring their
activities by radio, providing them information and insuring their safety. Public Safety
Telecommunicators of the Xenia/Greene Central Communications Center have contributed
substantially to the apprehension of criminals, suppression of fires, and treatment of patients.
Each dispatcher has exhibited compassion, understanding, and professionalism during the
performance of their job in the past year. Mayor Pennewitt recognized April 12 through
April 18, 2009, as “National Public Safety Telecommunications Week in Xenia, Ohio” in honor
of the men and women whose diligence and professionalism keep our city and citizens safe.
(Applause followed.) June Johnson, Communications Director, accepted the Proclamation on
behalf of the City.
Community Development Week in the City of Xenia. Mayor Pennewitt said the Community
Development Block Grant (CDBG) program has operated since 1974 to provide local
governments with the resources required to meet the needs of persons of low and moderate
incomes. CDBG funds are used by thousands of neighborhood based, non-profit organizations
throughout the nation to address pressing neighborhood and human service needs. The CDBG
program has had a significant impact on our local economy through job creation and retention,
physical redevelopment, and improved local tax bases. The City of Xenia and other local
governments have clearly demonstrated the capacity to administer and customize the CDBG
program to identify and resolve pressing local needs for safe and affordable housing, downtown
revitalization, neighborhood and human service needs, job creation, and physical redevelopment.
Mayor Pennewitt recognized April 13 through April 17, 2009, as “Community Development
Week in the City of Xenia” joining the cities of Dayton, Fairborn, Kettering, and Springfield, as
well as the counties of Greene, Clark, and Montgomery, as they recognize the importance of
CDBG. She urged all citizens to join in recognizing the Community Development Program and
the importance it serves to our community. (Applause followed.) Community Development
Director, Mary Crockett, accepted the Proclamation on behalf of the city.
Traffic Commission: Councilman Caupp said the April XTC meeting was cancelled
due to lack of agenda items.
Greene County Regional Planning Commission: Councilman Caupp said the April
meeting was cancelled due to lack of agenda items.
Board of Zoning Appeals. Mayor Pennewitt said the March 23, 2009, BZA meeting
was cancelled due to lack of agenda items.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Caupp noted Council
discussed establishing a Design Standards Committee. The Law Director has drawn up an
ordinance pertaining to the Design Standards Committee, which he shared with Council. He
asked his fellow Council members to review it, and he would like the ordinance discussed at the
next Council meeting. President Propes asked Mr. Percival to ensure that the item is on the
agenda for the next Council meeting.
Councilman Caupp noted at the January 22, 2009, regular session, he brought it to everyone’s
attention that the BRACA minutes of 10/14/08 and 11/18/08 stated the basketball court at Spring
Hill Park would remain at its current location in the rear of the park. Although the park was
snow covered at the time, he wanted to see the current location of the basketball court. He was
told the basketball court would be moved back 5’ from the original design plan that Council
approved. He was surprised to see that the old basketball court in the rear of the park was
removed and a new basketball court was installed in the wrong location. Mr. Percival said that
area was paved but the basketball court will still be installed in the front of the park at the
location previously discussed.
Councilman Caupp said the Master Plan for Spring Hill Park shows badminton and volleyball
would be located in the rear of the park. The last time he checked, badminton and volleyball are
not played on blacktop. Blacktop was laid and holes for the basketball poles were drilled. There
is still one hole measuring 3’ in diameter and 3’ deep that was not even roped off. He placed a
cone next to the hole to prevent anyone from falling in it and breaking their leg. This is mistake
that may cost the city $5,000 when you figure the cost of blacktop and the cost for labor to
remove the old blacktop that was laid in the wrong location and for laying new blacktop.
Council voted on the Master Plan for Spring Hill Park, which cost thousands of dollars. He
invited comments from Council. If we are not going to follow the plans that we voted on and
spent thousands of dollars on and are going to “wing it” then he will not vote to approve any
future $25,000 studies to determine how we will increase the quality of our parks. In his
opinion, the Public Service Department has cost the city thousands of dollars in the last several
months from flooding of the water tower, snow plows running into buildings and into other snow
plows, and for basketball courts being laid where they are not supposed to be laid. We are
looking out for taxpayer dollars. Everyone wants government to be accountable for taxpayer
dollars but he sees taxpayer dollars being wasted. He invited comments from members of
Council. That basketball court was definitely already laid in the wrong location. He almost felt
like staff was trying to deceive him when he was told the basketball court would be moved back
5 feet.
Vice President Miller asked to see Councilman Caupp’s copy of the Spring Hill Park Master
Plan. He and Councilman Caupp had a major discussion about Spring Hill Park. They agreed to
vote to approve the Master Plan as long there was a promise made to finish the project; don’t
start it and not finish it. As long as the city promised to finish the project, he would vote to
approve the Master Plan, even if it took several years to finish. He wants all the money allocated
for Spring Hill Park to go to that park. Councilman Caupp indicated where the location of the
new basketball court was supposed to be located [in the front of the park] and where it was
actually located [in the rear of the park].
Councilman Louderback stated Council did not agree to leave the basketball court in the original
location. Mr. Percival said the original basketball court still exists in the rear of the park by the
water tower. The new basketball court will be moved to the front of the park. Councilman
Caupp stated a new basketball court was laid by the water tower. Mr. Percival said there is a
new blacktop pad by the water tower, but he did not believe it was for a basketball court; he
thought it was for other activities. Councilman Caupp said the Master Plan shows badminton
and volleyball would be located in the rear of the park. The last time he checked, badminton and
volleyball are not played on blacktop. He invited the Community Development Director or City
Engineer to address Council. The bottom line is an employee screwed up, which will cost the
city $5,000. If he had a $5,000 screw up in his job, it would not pretty.
President Propes asked Mr. Percival to investigate Councilman Caupp’s questions and to present
his report at the next Council meeting regarding the status of the basketball court. Mr. Percival
said he would share his report with Council before the next Council meeting.
Councilman Caupp said City Council is elected to improve the quality of this city. The Master
Plan for Spring Hill Park was approved by Council, which is the way it should be. It should not
be up to anyone else to change the plan without having those changes approved by Council just
like it should not be up to a developer to change something without the changes being approved.
Vice President Miller noted Council is often asked to approve change orders.
Councilman Louderback clarified that Councilman Caupp stated the old basketball court by the
water tower was demolished and new blacktop was installed at the same location. Councilman
Caupp said that was correct and holes have been drilled. One hole was filled back in but one
hole is still open that measures 3’ x 3’. Councilman Louderback agreed the new basketball court
was supposed to be installed at the front of Spring Hill Park by Ormsby Drive. Councilman
Caupp said staff can say it is a volleyball or badminton court, but it’s a basketball court.
Councilwoman Felton said the person who is ultimately held responsible is the City Manager
since he is the person who reports to City Council—no one else. She asked Mr. Percival to do
further investigation. Mr. Percival agreed to do so.
OEZ Amendment for Cornerstone Research Group. Mr. Percival respectfully
requested that Council approve the Amended Ohio Enterprise Zone Agreement and authorize the
City Manager to execute the Amendment with Cornerstone Research Group (CRG). The
original OEZ Agreement that Council approved on July 10, 2008, called for construction to
begin no later than June 30, 2009. Due to unforeseen lending restrictions, CRG does not
anticipate starting the project prior to this deadline and has requested a one-year extension,
requiring the project to be started no later than June 30, 2010. The project investment and job
creation for the project remain the same. An extension of the start time would not extend the
length of the abatement, which would still be for ten (10) years.
He noted there was a typographical error in the Amended Ohio Enterprise Zone Agreement,
which shorted the Agreement by one year to only nine years. The new Amended OEZ
Agreement shared with Council tonight takes the Agreement for the full ten (10) years beginning
June 30, 2010. He respectfully requested that Council approve the Amended Ohio Enterprise
Zone Agreement.
President Propes entertained questions. None were presented.
Motion by Vice President Miller, seconded by Councilman Caupp, to approve the Amended
Ohio Enterprise Zone Agreement and authorize the City Manager to execute the Amendment
with Cornerstone Research Group. Discussion followed.
Councilman Louderback said, although he understood the economy, the delay in construction
was a big disappointment to him because these are going to be good paying jobs.
Councilwoman Felton asked if the document shared tonight by Mr. Percival was different than
the document contained in her agenda packet. Mr. Brodsky responded that Mr. Percival was
being kind when he called it a typographical error. There were three different sections in the
original agreement that had dates that needed to be amended. The original packet distributed to
Council only had changes in two paragraphs. As Councilwoman Felton brought to their
attention earlier, Section II, Item 4 lays out what the effective dates could be, which will also be
amended to prevent the potential loss of one year abatement to the company. The only
difference was that one additional paragraph needed to be amended (Item 4) and that is reflected
in the new Amended OEZ Agreement.
Councilwoman Felton said she had not had a chance to read the changes shared tonight. She
asked if the extension was from 2009 to 2010 or from 2010 to 2011, and if so, why.
Mr. Brodsky said the original OEZ Agreement called for construction to begin no later than June
30, 2009. CRG requested a one-year extension, requiring the project to be started no later than
June 30, 2010. It would still be a 10-year abatement. Due to unforeseen lending restrictions,
CRG did not start construction, which was originally slated to begin at the end of 2008. CRG
still anticipates starting construction this year, but that may not begin by June 30, 2009. In order
to ensure that CRG gets the full benefit of their abatement, which also serves as local match to
some state incentives the company is receiving, CRG asked to amend the agreement. He
reiterated it would still be a 10-year abatement. If construction starts this year, tax year 2009
will be the first year they will be able to get the abatement that will be in effect for ten (10) years.
Mr. Percival noted CRG leased the old Ashton Plastics Building in Xenia and started production
in town. Councilwoman Felton said her questions had nothing to do with their business; she
wanted to ensure CRG got their full 10-year abatement. She did not agree with the wording in
the first Amendment presented to Council. It now appears we are delaying it an additional year.
Mr. Brodsky said taxes are always paid one year in arrears. For example, taxes in 2009 are
payable in 2010, which is what the document reflects. If constructions begins in January 2010,
those taxes would not be payable until 2011. The Amendment states that construction cannot be
started any later than June 30, 2010, but could begin earlier than that date. Councilwoman
Felton said she now understood.
Mayor Pennewitt said she talked with Mr. Brodsky earlier today and asked him the County’s
Innovation Way Project would continue or if it also would be delayed due to the delay in
construction. Mr. Brodsky said Greene County still plans to move forward since the project was
approved for $2.3 million in Economic Stimulus money that would allow that road to continue to
St. Rt. 380.
Councilman Louderback announced that MVRPC voted on and approved the Innovation Way
project as well as the two projects Xenia submitted.
President Propes entertained further questions or comments. None were presented.
Nays: None
motion carried.
Authorization to apply for the COPS Hiring Recovery Program (CHRP).
Mr. Percival said the CHRP grants will provide 100 percent funding for approved entry-level
salaries and benefits for three (3) years for newly-hired, full-time sworn officer positions
(including filling existing unfunded vacancies) or for rehired officers who have been laid off, or
are scheduled to be laid off by January 2010, as a result of local budget cuts. Up to $1 billion in
grant funding will be available for the hiring and rehiring of up to 5,500 career law enforcement
officers nationwide. CHRP is an extremely competitive grant program. The Police Chief is
requesting authorization to apply for funding for three police officer positions for up to three
years through this grant. They hope to get at least one or two positions funded.
Mr. Percival respectfully requested that Council make a motion to allow the Chief of Police to
apply for the online CHRP grant and for him to accept the grant award if awarded.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, to allow the Chief of Police
on behalf of the City Manager to apply for the online CHRP grant and for the City Manager to
accept the grant award if awarded. Discussion followed.
Councilman Louderback asked if the grant was for hiring one police officer for three years.
Chief Person said they will apply to hire three police officers for three years. Entities accepting
the grants will be required to retain grant positions for a minimum of twelve months beyond the
grant period. If the City fails to meet that requirement due to financial constraints, the city
would not be allowed to apply for any CHRP grants for three years.
Mayor Pennewitt asked Chief Person to share the number of Police Officers currently on duty
and if the Division is fully staffed. Chief Person said in 2003, the Police Division employed 48
police officers. Due to attrition and lay-offs, the current authorized strength is 45 officers. With
the retirement of Captain Dan Donahue last month, there is now an open position in the Police
Division. At the City Manager’s direction, that [Police Officer] position will be left vacant for
the remainder of this year. The Police Division currently employs 44 officers. Assuming two
more positions are laid off and that the grant was awarded to hire all three positions, the grant
would allow them to stay at 45 officers.
Nays: None
motion carried.
Approve Contract for Comprehensive Infiltration/Inflow (I/I) Study for the City’s
Sanitary Sewer Collection System. Mr. Percival said in January 2009, he requested that
Council approve funds to conduct an Infiltration/Inflow (I/I) Study for the City’s Sanitary Sewer
Collection System to identify major problems in that system. Infiltration/Inflow is a common
problem throughout any sewer collection system especially with older sewers that have
developed deteriorated joints and cracks over time. When such conditions occur, subsurface
drainage enters the sewer, resulting in much higher flows.
In consideration of the foregoing, the Engineering Staff solicited and received qualifications
from six (6) engineering firms on March 6, 2009, to complete the I/I Study. Based upon the
qualifications submitted, the following firms were interviewed on Friday, March 27, 2009:
Jones & Henry Engineers Ltd.
Stantec Consulting Services, Inc.
M-E Companies, Inc.
$ 74,100
$122,300
$124,880
Subsequent to the interviews, it was clear to the selection panel that Stantec Consulting Services,
Inc., proved to be the most qualified and would also deliver the best product to the City. The
recommendation to not contract with Jones & Henry Engineers (the “low bidder”) was based
upon their inability to deliver a product that would meet minimum criteria; most notably, a
database/software program that has all field data compiled and presented in an acceptable form
for use by City Staff. Additionally, Jones & Henry admitted to the selection panel that it made a
mistake in its fee proposal, which further validated the concern with moving forward with this
firm. Lastly, the fee submitted by Jones & Henry is based upon a maximum flow monitoring
period of 60 days. If an adequate number of heavy storm events for data collection do not occur
within the 60 days, the City would be charged an additional $4,200 per week (minimum) for
continuous flow monitoring by its sub-consultant, ADS Environmental Services.
In contrast, the fee proposed by Stantec includes flow monitoring for up to 120 days. The panel
was also pleased to learn that Stantec would be completing the flow monitoring with its own
meters and staff; therefore, it would not be necessary to subcontract this work, like the other two
firms. What was most impressive to the panel, however, was the Stantec-owned software
program, known as ZFM2, would be used for data compilation and processing. The program
provides ready access to all site assessment information requested by City Staff in addition to all
photographs taken, all dimensional sketches, all field observations, all site information,
hydrographs, scattergraphs, and time series of flow depth and velocity. City Staff checked
references and is comfortable with executing a contract with Stantec.
Mr. Percival respectfully requested that Council authorize him to enter into a contract with
Stantec Consulting Services, Inc., for a comprehensive Infiltration/Inflow (I/I) Study for the
City’s Sanitary Sewer Collection System in an amount not to exceed $122,300. Earlier this
week, Councilwoman Felton noted $350,000 was budgeted for the entire study. Once problems
are identified, staff will come before Council and request to use the remaining balance to start
attacking some of those major problems in the system. He noted City Engineer, Chris Berger,
was also available for questions.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, to authorize the City
Manager to enter into a contract with Stantec Consulting Services, Inc., for a comprehensive
Infiltration/Inflow (I/I) Study for the City’s Sanitary Sewer Collection System in an amount not
to exceed $122,300. Discussion followed.
Councilwoman Felton asked Mr. Berger if he prepared the 2009 budget. Mr. Berger said no.
Councilwoman Felton asked why the money was not allocated in two separate line items; one
line item for a consulting firm and another line item for possible construction. This looks like a
federal government budget line item to her. Mr. Percival said the money could be moved out of
line item 665-1332-53121, as he told Councilwoman Felton the other day. Councilwoman
Felton asked why that was not done originally. Staff had to know that a consulting firm was not
going to charge $350,000, which is why she voted against it during budget discussions. She was
not saying they would not have sewer repairs, because they all know how old the sewers are in
some areas. It appears to her that staff inflated the line item by 15% to 20%, which used to be
the way staff submitted their budgets.
Based upon the miles of sewer lines in the city, Mr. Berger did not think anyone believed it
would cost $350,000 to do a comprehensive Infiltration/Inflow (I/I) Study for the City’s Sanitary
Sewer Collection System. As Mr. Percival stated, the intent was that the balance of the money
budgeted would be used to begin repairing some of the problems identified. Councilwoman
Felton said that was not explained during the budget process. Mr. Percival thought that was
explained in the original agenda item in January 2009. Councilwoman Felton said the original
agenda item mentioned that work would be done, but she was not expecting such a disparity
between the $350,000 and the $122,300 bid. Mr. Percival noted that the January 22, 2009,
agenda item stated repairs would need to be done following the study. Councilwoman Felton
agreed; however, after reviewing the budget amount in the line item ($350,000), they now have
to decide how much money would be available to do sewer repairs, which should have been
listed on a different line item. She hopes that is done differently in future budgets or that staff
specifically states which services are specifically included. Mr. Berger noted her concern.
President Propes entertained further questions. None were presented.
Nays: None
motion carried.
Items for the City Manager: Mr. Percival thanked everyone who helped with the
Easter Egg Hunt on Saturday, April 4th. Over 400 children attended the extremely successful
event and everyone had a good time. He wished everyone a “Happy Holiday.” Councilwoman
Felton asked if the Easter Bunny attended. Mr. Percival said yes.
Motion by Vice President Miller, seconded by Councilman Caupp, to approve payment of bills
Page 13, Staples for $180.58. Councilman Louderback said Xenia Municipal Court continues to
purchase items from Staples, which is not in Xenia. He encouraged them to use Xenia
businesses.
Page 6, Geyer’s Office Supply for $1,691.25. Councilman Caupp noted there has been a lot of
discussion about whether Geyer’s Office Supply would match the prices at Staples in order to
obtain that business. He noticed Geyer’s charged $34.54 for copy paper but they used to charge
$26. He was supportive of buying in Xenia and from local companies, but he wanted to ensure
Geyer’s was still willing to match the price of other companies. Mr. Bazelak said he reminded
staff this week to make sure they were checking the prices.
Page 9, LJB Inc. at $828 for Safety Grant Application Preparation. Councilwoman Felton asked
for clarification of the charge. Mr. Percival said the charge was for LJB engineers to prepare the
Safety Grant Application for installation of a traffic signal at Progress Drive and Main Street.
Ayes: Miller, Caupp, Felton, and Propes
Abstain: Pennewitt
Nays: Louderback
motion carried.
Mayor Pennewitt said she abstained because she serves on the XARSC Board.
Items for the Finance Director: Mr. Bazelak reminded citizens that April 15th was the
City of Xenia Income Tax filing deadline. The Income Tax Division will be open on Friday,
April 10th from 8 a.m. to 5 p.m.; Saturday, April 11th from 8 a.m. to 12 noon; and Monday,
April 13th through Wednesday, April 15th from 8 a.m. to 6 p.m.
Mayor Pennewitt asked for clarification from the Law Director about voting on the Payment of
Bills. Yesterday someone contacted her and said she should not abstain from voting on the
Payment of Bills when she serves on a Board. She told the person that she was directed to
abstain. Mr. Lewis said he would have appreciated advance notice, but generally, if you have an
interest in an item that is being voted on, you should abstain. Councilwoman Felton thought they
should abstain only when they benefitted financially. Mr. Lewis said abstaining might not only
involve money; it could involve a contract you are involved in or a lot of different things in
general. It is always a personal decision on whether you think you have a conflict. It could be
argued that Mayor Pennewitt receives no personal gain and she is only one of seven members
voting on the payment of bills. He felt it was a good idea to abstain if there is any appearance of
impropriety or any potential for conflict. Mayor Pennewitt apologized for not giving him
advanced notice.
Introduction of a Resolution for 3.5 Mill Operating Levy Renewal. Mr. Lewis said
the existing 3.5 mill operating levy was approved in 1959. In the 1970s, legislation was enacted
that voted tax levies can never exceed the collected tax amount generated when it was first levied
except for when property is annexed into the municipality. As County Auditors throughout the
state increase property values, the effective millage gets reduced so that the collected amount
remains the same. The current effective voted tax millage for residential property in the City of
Xenia is approximately .86 mills on the 3.5 mill operating levy. The City Council needs to
determine whether to renew the levy, which effectively will be at the rate of .86 mills for
residents. Collections on the existing 3.5 mill operating levy expire at the end of 2009.
Therefore, it is necessary to renew the existing levy if the Council wants to continue to receive
the property tax dollars from the levy. A renewal levy would not generate any additional
revenue nor would it cost the taxpayers any additional dollars. The existing levy generates
approximately $409,000 a year.
3.5 Mill Operating Levy Current Annual Cost to Taxpayers
The current annual cost for the 3.5 Mill Operating Renewal Levy:
Tax appraised value
$ 50,000
$ 75,000
$100,000
$125,000
$150,000
$200,000
$225,000
$250,000
$300,000
Tax @ .86 mills
$ 13.17
$ 19.76
$ 26.34
$ 32.93
$ 39.51
$ 52.68
$ 59.26
$ 65.84
$ 79.01
A Special Election could be held on August 4, 2009. If Council desires to place the renewal levy
on the August 4, 2009, Special Election ballot, legislation would need to be adopted no later than
May 21, 2009, to meet the 75-day requirement per the Greene County Board of Elections. If the
City determines that it will be on the August 4, 2009, Special Election ballot and would be the
only entity on the ballot, the City would have to absorb the entire cost of the election. The cost
was $15,814.07 for the February 3, 2009, ballot issue.
If Council agrees, Mr. Lewis respectfully requested introduction a Resolution to place a 3.5 mill
renewal operating levy on the August 4th, 2009, Special Election ballot.
Councilman Louderback introduced a RESOLUTION DECLARING IT NECESSARY TO
LEVY A TAX IN EXCESS OF THE TEN MILL LIMITATION, and it was read for a first time.
Introduction of an Ordinance Amending Chapter 630: Gambling of Part Six –
General Offenses of the Xenia Codified Ordinances. Mr. Lewis said amended Substitute
House Bill 177 became effective October 25, 2007. This legislation modified the definitions of
“slot machine” and “skill-based amusement machine” for purposes of the Gambling Law,
created a limit on the redemption value of prizes associated with skill-based amusement
machines, and clarified regulatory authority pertaining to skill-based amusement machines. The
codifiers incorporated the definitions of HB 177 into the City Ordinances but left one section of
the bill, comparable to ORC 2915.06 Skill-Based Amusement Machine Prohibited Conduct, to
be passed by City Council. Mr. Lewis respectfully requested introduction of an Ordinance to
incorporate this portion of the gambling law into the City’s gambling laws.
Vice President Miller introduced an ORDINANCE AMENDING CHAPTER 630: GAMBLING
OF PART SIX – GENERAL OFFENSES OF THE CODIFIED ORDINANCES OF THE CITY
OF XENIA, and it was read for a first time.
ORDINANCE REZONING 40.904 ACRES OF LAND CONSISTING OF TWO PARCELS
LOCATED ON SOUTH COLUMBUS STREET AND BIRCH ROAD OWNED BY ROBERT
W. LOUDERBACK FROM I-2 HEAVY INDUSTRIAL DISTRICT TO A-1 AGRICULTURAL
DISTRICT, and it was read for a second time.
Motion by Councilwoman Felton, seconded by Vice President Miller, that Ordinance Number
Ayes: Miller, Caupp, Felton, Pennewitt, and Propes
Abstain: Louderback
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 244: DEPARTMENT OF
PUBLIC SERVICE OF TITLE SIX: ADMINISTRATION OF PART TWO ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA
TO INCLUDE THE DIVISION OF ENGINEERING, and it was read for a second time.
be now passed. No discussion followed.
Nays: Felton
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 250: DEPARTMENT OF
COMMUNITY DEVELOPMENT OF TITLE SIX: ADMINISTRATION OF PART TWO ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA,
TO REPEAL CERTAIN DIVISIONS AND CREATING A DIVISION OF CODE
ENFORCEMENT, and it was read for a second time.
Motion by Vice President Miller, seconded by Councilman Louderback, that Ordinance Number
Nays: Felton
motion carried.
Mr. Lewis presented an ORDINANCE CREATING CHAPTER 246: DEPARTMENT OF
PLANNING AND ZONING OF TITLE SIX: ADMINISTRATION OF PART TWO ADMINISTRATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA,
Nays: Felton
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING PART EIGHT – BUSINESS
REGULATION AND TAXATION CODE, TITLE FOUR: TAXATION, CHAPTER 880 AND
PART TWO - ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE
CODIFIED ORDINANCES OF THE CITY OF XENIA, TO ADD A $10.00 DEBT
COLLECTION FEE FOR DELINQUENT INCOME TAX ACCOUNTS SENT TO A
COLLECTION AGENCY, and it was read for a second time.
Motion by Vice President Miller, seconded by Councilman Caupp, that Ordinance Number
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AUTHORIZING THE FINANCE DIRECTOR TO
EMPLOY THE SERVICES OF ELAVON AND SECURITY NATIONAL BANK FOR AN
INTERNET MERCHANT ACCOUNT WITHOUT FORMAL COMPETITIVE BIDDING, and
it was read for a second time.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, that Ordinance Number
09-20 be now passed. No discussion followed.
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING PART TWO – ADMINISTRATION
CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE CODIFIED ORDINANCES OF
THE CITY OF XENIA TO DELETE THE ON-LINE PROCESSING FEE FOR CREDIT CARD
PAYMENTS AND INCREASE THE ON-LINE PROCESSING FEE FOR ELECTRONIC
CHECKS (E-CHECKS) TO $2.00, and it was read for a second time.
Motion by Vice President Miller, seconded by Councilman Caupp, that Ordinance Number
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING SECTION 802.01 DEFINITIONS OF
CHAPTER 802: DEFINITIONS OF TITLE TWO: BUSINESS REGULATIONS, and it was
read for a second time.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback said
unfortunately it is tornado season. He has a list of tornado shelters in the City he would like to
share and asked if they could be posted on the City’s Government Channel. Mr. Percival said
yes. Councilman Louderback noted the locations of tornado shelters are: Xenia City Service
Center, Xenia Adult Recreation and Services Center, Greene Memorial Hospital, and the Xenia
Post Office. He asked Mr. Percival if there was a tornado shelter located at the Greene County
Fairgrounds. Mr. Percival said the restrooms in the front of the Assembly Building at the
Fairgrounds are safe rooms. Councilman Louderback noticed there are no tornado shelters
located in the west or south sections of Xenia. Mr. Percival said there are some school buildings
that could be considered safe areas, but there are no official tornado shelters as determined by
FEMA. Councilman Louderback asked if every school had a shelter. Mr. Percival said many of
the schools use inside hallways, which are fairly safe areas. Vice President Miller noted every
Xenia school has high impact film on public access area windows.
Councilman Louderback said he had the pleasure of starting the Ohio River Road Runners
Marathon and Mini Marathon last Sunday, which is the oldest marathon in the State of Ohio.
There were 620 runners from all over of the country as well as foreign countries who
participated. The event had a big impact on our local economy and he hopes the event is
promoted better next year.
Councilman Caupp said maybe the new high school in the south end of town can serve as a
possible future tornado shelter. Tonight Council introduced a resolution to place a 3.5 mill
Renewal Levy on the August 4, 2009, special election ballot. He did not believe it was too early
to start educating the public about the levy. The current 3.5 Mill Operating Levy is only actually
generating .86 Mills; it is not generating 3.5 Mills for our City. The existing levy generates
approximately $409,000 a year, which is not a lot of money for the City. Since the Replacement
Levy was defeated, Council determined that we need to have the Renewal Levy approved to at
least keep the City’s funding at current levels. The current annual cost for the 3.5 Mill Operating
Renewal Levy to a homeowner of a $100,000 house is $26.34 yearly. He encouraged everyone
to educate themselves about the levy. It is not a lot of money but the City needs to at least get
the $409,000 in August. He congratulated Kent Anderson on being hired as the new head coach
for the Xenia High School Boys’ Basketball Team. As the XHS Girls’ Basketball coach this
year, the team accomplished a 20-2 record. He really turned the XHS Girls’ Basketball program
around this year and will hopefully do the same with the boys’ program next year. He
congratulated Councilman Louderback for being chosen as the number one hometown realtor in
the Greene County Dailies 2009 Reader’s Choice Awards. He also congratulated Montgomery
Insurance and Investments, where his wife works, for being chosen as the best insurance agency
in Greene County.
Vice President Miller congratulated his wife, Dr. Penny Hogan and her staff at Water Street
Family Practice, for being chosen the best physician in Greene County. He also congratulated
the City, XEGC, and Cornerstone Research Group. CRG will be a fabulous, innovative
company to have their headquarters in Xenia. He also wished everyone a “Happy Easter.”
Councilwoman Felton wished everyone a “Happy Easter.”
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2/28/09
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Bayless Proclamation at Greene County Historical Society
Charter Day reception at Wilberforce University
Mural Society meeting
Girl Scouts of Western Ohio Buckeye Trails Region Gold/Silver Award Ceremony
Central State University Charter Day Convocation
Wilberforce University Session
The Cleft Photo Opportunity
Toast of the Town at Toward Independence
Pastor Walls’ 41st Pastoral Anniversary at Church of God
Ribbon cutting ceremony at Downtown Café
Speech at Women’s Recovery Center
Spring Festival at Tecumseh Elementary School
Red Cross luncheon
Xenia Community School Bond Issue Breakfast
West Main Street Design Plan Review Open House
Xenia Chamber of Commerce meeting
Mayor’s Prayer Breakfast meeting
Xenia Chamber of Commerce Annual Awards Dinner
Councilman Caupp congratulated all the Xenia Area Chamber of Commerce Awards Banquet
winners. Connie Wilcox of DP&L, who attends many Council meetings, won the diamonds and
an award for volunteering a lot of time in our community. Connie’s husband also won $100.
President Propes said he made a mistake earlier this evening. He allowed a vote during a work
session to approve a pay adjustment for the Law Director. One Council member requested that
the vote be taken during tonight’s regular session. The vote should have been taken during the
regular session, and that will not happen again as long as he is Council President. The Assistant
Prosecutor left the City’s employment in October 2008. Since then, the Law Director has done a
good job of performing the tasks previously done by the Assistant Prosecutor without additional
compensation. By a vote of 5-1 (Councilwoman Felton voted “nay”), Council awarded the Law
Director a $7,500 lump sum payment retroactive to October 1, 2008, which is when he began
performing the additional tasks, as well as a pay increase of $15,000 retroactive to April 4, 2009,
for the next year. The action will save the city $32,000 yearly.
ADJOURNMENT: Motion by Councilwoman Felton, seconded by Councilman Louderback,
to adjourn the Regular Session at 8:00 p.m. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
April 23, 2009
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on April 23, 2009, at 6:30 p.m., in the First
Floor Conference Room, City Hall, with the following members present: William R. Miller,
John Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis
R. Propes.
Motion by Councilman Caupp, seconded by Vice President Miller, to meet in Executive Session
to discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
INVOCATION: Charlie Huff, Xenia’s John the Baptist, gave the invocation after which all
Pennewitt, to approve the April 9, 2009, Special and Regular Session minutes as written. No
Abstain: Mills
Nays: None
motion carried.
PROCLAMATIONS:
Athletes in Action Night of Champions 2009. Mayor Pennewitt announced that Athletes in
Action (AIA) is celebrating their fourth annual “Night of Champions” event. The “Night of
Champions” is held annually at the Athletes in Action World Training and Resource Center in
Xenia and provides business executives and community members the opportunity to hear college
and professional coaches and players share their successes, failures, family experiences, and
faith. AIA’s Mission Statement reads:
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One World to Reach, One Language of Sport, One Message of Victory.
Ministry – AIA is a global pioneer, innovator, and servant leader in sport ministry
Motivation – Changes Lives
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Mission – Building spiritual movements everywhere through the platform of sport
Main Values – Faith, growth, fruitfulness
Measures – Giving 100 million people annually the opportunity to hear the gospel
Building a global movement of 15,000 spiritually mature athletic influencers.
Mayor Pennewitt proclaimed May 7, 2009, as “Athletes in Action Night of Champions 2009.”
Dave Lower of AIA shared information about the fourth annual “Night of Champions” event.
The award is presented annually to one male and one female athlete in the AIA Hall of Faith.
This year’s inductees are both Gold Medalists:
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Ruth Riley: 6’5” member of the Notre Dame 2001 NCAA National Championship Women’s
Basketball team and the Most Valuable Player in the NCAA Final Four; member of the WNBA
Detroit Shock Champions in 2003 and 2006; WNBA 2004 Olympic Gold Medalist for the USA
Basketball team; and 2005 WNBA All-Star.
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John Peterson: 1972 Olympic Wrestling Silver Medalist; 1976 Olympic Wrestling Gold Medalist;
World Cup Champion in 1975, 1978, and 1980; World Championship Medalist (Bronze – 1978
and Silver – 1970); Five time US National Free Style Champion; and coached USA team to
Russia for ten years.
Clark Kellogg of OSU is the Master of Ceremonies for the event. Coach Kelly from the
University of Cincinnati and a few of his players will attend, along with Anthony Munoz, Jimmy
Gries, Doug Pelphrey, and a few other Bengal players. Xenia is the location of AIA’s World
Training and Resource Center (the former Ohio Soldiers and Sailors Orphanage). He invited
Council to take a tour of the wonderful facility. Mayor Pennewitt encouraged everyone to attend
the event on May 7th. Mr. Lower noted the event is by invitation only, but he would be happy to
accommodate the members of Council if they wished to attend.
National Occupational Therapy Month. Mayor Pennewitt said the Ohio Occupational
Therapy Association has declared the month of April 2009 as “National Occupational Therapy
Month.” The profession of occupational therapy makes valuable contributions in helping
persons master the "skills for the job of living" after an illness or injury. Occupational therapy
services are available to citizens of Xenia, Ohio, through hospitals, home health agencies,
schools, clinics, and nursing homes. The health and productivity of our citizens depend upon the
effective use of health care resources, including the important services of occupational therapists
and occupational therapy assistants. Mayor Pennewitt proclaimed the month of April as
“National Occupational Therapy Month” and called upon all citizens to recognize the
achievements and contributions of these valued health professionals. (Applause followed.)
Pat Stewart thanked Council for the honor. She hopes they never need occupational services but
if they do, they are here for them.
PUBLIC HEARING:
Amendments to XCO Chapter 1294: Supplementary Regulations, specifically Section
1294.21(a) Schedule of uses and Chapter 1240: General Provisions and Definitions,
specifically Section 1240.05 Definitions; rules of construction, of the Planning and Zoning
Code. President Propes opened the public hearing and asked for the staff report. Mr. Merriman
deferred the staff report to City Planner Nimfa Simpson.
Ms. Simpson said a moratorium was approved by City Council on April 24, 2008, on the
issuance of zoning permits for check cashing, cash advance, payday loans, and pawnshop
establishments. The moratorium was put in place so that appropriate zoning standards could be
developed that would minimize the impact of these establishments on the City. The moratorium
expires on April 24, 2009. It is therefore necessary to recommend zoning regulations on how
these businesses can be allowed in the business districts. Most communities regulate these types
of businesses by requiring a distance separation.
Following a public hearing on April 2, 2009, the Planning and Zoning Commission endorsed
changes to Section 1294.21(a) Schedule of Uses of Chapter 1294 as follows:
List of Permitted and Conditional Uses in Established Business Districts
Uses P - Permitted Uses, X - Not Permitted, C - Conditional Uses (to be
reviewed by the Board of Zoning Appeals)
Bail bonding operations on the condition that they maintain a 3,000 foot
radius separation of another similar establishment or operation.
Payday lending, cash advance and check cashing operations or nonchartered financial institution on the condition that they maintain a
5,000 foot radius separation of another similar establishment or
operation.
Pawnshops on the condition that they maintain a 3,000 foot radius
separation of another similar establishment or operation.
B-1
B-2
B-3
B-4
X
X
P
P
X
X
P
P
X
X
P
P
Reason for amending Chapter 1240 – General Provisions and Definitions. Any amendment to
the zoning code requires a re-evaluation and definition of terms used in the proposed zoning
regulations. Clear definitions are crucial in the effective enforcement of zoning regulations.
President Propes entertained comments or questions from Council.
Vice President Miller asked why the recommended radius distances were not all 5,000 feet.
Ms. Simpson responded that it would be Council’s prerogative to change the recommendations.
Vice President Miller thought it would be easier to enforce the zoning regulations and would also
not show prejudice if all the radius distances were 5,000 feet. Mr. Lewis agreed it would be
more consistent. Vice President Miller asked Council members if they objected. He did not
attend the April 2 nd XPZC meeting. The Commission may have had a reason for endorsing staff
recommendations. He felt the zoning regulations would be stronger and more defensible if all
the distances were 5,000 feet.
Councilman Louderback said payday lending and cash advance businesses are starting to change
their business models to pawn shops. He personally does not want any of those businesses in
Xenia because they are nothing but loan sharks who take advantage of people. The State of Ohio
passed laws to lower the annual interest rate from 396% to 28%. He does not want any of those
businesses in Xenia; this ordinance does not address that.
Councilwoman Felton said she did not have a problem with the 5,000 foot radius separation and
did not think XPZC would object since the businesses would have to be almost one mile apart.
They cannot stop those businesses from locating in the townships. Vice President Miller agreed
zoning ordinances must allow all businesses to locate somewhere in the city. Councilwoman
Felton noted adult entertainment establishments are only allowed in the industrial park.
Councilman Louderback said they could only allow those businesses to be located in the
industrial park.
Vice President Miller asked if Council objected to changing the ordinance to 5,000 feet. No
Council members objected.
Motion by Vice President Miller, seconded by Councilman Caupp, to amend Section 1294.21(a)
Schedule of Uses of Chapter 1294 that the list of permitted uses in the B-3 and B-4 zoning districts
for bail bonding, payday lending, cash advance and check cashing operations or non-chartered
financial institution, and pawnshops must maintain a 5,000 foot radius separation of another
similar establishment or operation. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
President Propes invited those in favor of the amendments to Chapter 1294 and Chapter 1240 to
step forward to speak. No one came forward to speak. President Propes invited those against the
amendments to step forward to speak. No one came forward to speak. He then invited those
neither for nor against the amendments to step forward to speak. No one came forward to speak.
President Propes closed the public hearing at 7:18 p.m. and entertained emergency passage of
two ordinances.
Councilwoman Felton presented an ORDINANCE AMENDING SECTION 1294.21 BUSINESS
DISTRICTS; CONDITIONAL AND PERMITTED USES; OUTDOOR SALES; GENERAL
PERFORMANCE STANDARDS OF CHAPTER 1294: SUPPLEMENTARY REGULATIONS
OF TITLE SIX: ZONING OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA
FOR THE PURPOSE OF UPDATING STANDARDS AND PROVIDING ADDITIONAL
STANDARDS FOR BAIL BONDS, PAYDAY LENDING CASH ADVANCE, CHECK
CASHING, PAWNSHOPS AND PAWN BROKER ESTABLISHMENTS, AND DECLARING
IT TO BE AN EMERGENCY, as amended.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, that the rules requiring the
Nays: Louderback
motion carried.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, that Ordinance Number 09-23
Nays: Louderback
motion carried.
Councilwoman Felton presented an ORDINANCE AMENDING SECTION 1240.05
DEFINITIONS; RULES OF CONSTRUCTION OF CHAPTER 1240: GENERAL
PROVISIONS AND DEFINITIONS OF TITLE SIX: ZONING OF THE CODIFIED
ORDINANCES OF THE CITY OF XENIA, AND DECLARING IT TO BE AN
EMERGENCY.
Motion by Councilwoman Felton, seconded by Councilwoman Mills, that the rules requiring the
Nays: Louderback
motion carried.
Motion by Councilwoman Felton, seconded by Councilwoman Mills, that Ordinance Number
Nays: Louderback
motion carried.
Charles Huff, 1136 N. Detroit Street, thanked Council for the job they do for the City and for
their friendship. Throughout our lives, we all go through things. He almost lost his wife
recently. We need to pray for one another, and to let one another know they are precious. We
never know when we might lose that person. While his wife was in the hospital for ten days, he
encouraged everyone he encountered to do that. He shares his message through articles he writes
for the newspaper and through poems and songs that he puts on tapes.
Planning & Zoning Commission: Councilwoman Felton said XPZC met on April 2 nd
and endorsed amendments to Section 1294.21(a) Schedule of Uses of Chapter 1294 and Chapter
1240 – General Provisions and Definitions. For the next few months, the Commission will be
working on one more section of the Ordinance. She noted Ms. Simpson invited an MVRPC
representative to attend the next meeting.
Mayors & Managers: Mayor Pennewitt said neither she nor the City Manager attended
the meeting.
met on April 2 nd and approved the Federal Economic Incentive Dollars. The City of Xenia was
awarded $209,348 for the downtown streetscape project and $51,123 for the bicycle/pedestrian
crossing improvements from Xenia Station to the Ohio Erie Trail. Additionally, $2,267,551 was
approved for the Greene County Innovation Way project (behind Legacy Ministry). Although a
Greene County project, it will greatly benefit the city.
met on April 14th and discussed the following:
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Beautification Awards. The program starts in June, with nominations due May 25th. Nomination
forms will be available at City Hall and the City Service Center. Winners will be announced on the
city’s website and government channel. Anyone can make a nomination, including staff, or you can
nominate your own home.
“Music in the Park” and “Movies in the Park.” Due to the city’s tight budget, a small ‘kick off’ fund
was approved; however, many of the activities may be reduced. Donations are encouraged and will
be gladly accepted. For more information, please contact Parks and Recreation Department Director,
Michelle Fisher, at 376-PARK. Shawnee Park is a beautiful park for the community to share.
Banner Program. BRACA will have a Banner Sponsorship Program this year. Instead of always
asking for money, BRACA is trying to give back to the city. They hope to get sponsors for 95
banners for downtown Xenia, Shawnee Park, the N. Detroit Street bike path, and Xenia Station. The
program will be discussed in more detail at the May 12th BRACA meeting.
11th Annual Tom Birt Memorial “Scramble on Our Greene” will be held at the Beavercreek Golf Club
on May 22nd.
Youth Fishing Derby at Shawnee Park, Saturday, June 13th from 8:30 a.m. until noon.
Councilman Louderback asked if the banners would be displayed on light poles. Councilwoman
Mills said yes. Councilman Louderback asked if all the banners would be the same.
Councilwoman Mills said BRACA will discuss the types of banners in more detail at their May
meeting. Councilman Louderback asked what a banner would cost. Councilwoman Mills said
the price has not yet been discussed, but estimated they would cost $50 to $75 each. Businesses,
churches, schools, civic organizations, etc., are encouraged to sponsor a banner.
Councilman Caupp noted while attending the National League of Cities, he had a long
conversation with a man from Kalamazoo, Michigan, who sold very weather resistant banners.
He thought BRACA would prefer to purchase the banners locally; however, the gentleman is a
manufacturer/distributer. Local businesses would most likely have to purchase the banners
through a distributor. He thought he shared the information with the Community Development
Director. He recommended BRACA investigate weather resistant banners. What the gentleman
showed him appeared to be made of very high quality materials. He would not necessarily
recommend purchasing the cheapest banner; he recommended purchasing weather resistant
banners that will last.
Councilwoman Mills said BRACA is striving to support the Banner Sponsorship Program. Since
Ms. Fisher receives mailings concerning banners, she will bring examples of various banners for
BRACA to peruse. Some Board members complimented the banners displayed in Fairborn and
Yellow Springs. Mr. Bazelak and Mr. Lewis shared insight at their March meeting on how
BRACA might achieve their goal. BRACA would like Xenia to look as nice as possible without
funding from the city. This is a new program that BRACA is very excited to sponsor.
Councilman Caupp noted the new light poles in Xenia have brackets for banners, but there is
also mounting hardware for telephone poles and existing light poles. There was a 200 pound
man hanging off the hardware, so it is strong and dependable. If BRACA would like to expand
the banner program to other areas of the city, there is fairly inexpensive hardware to do that,
which would preclude having to purchase additional light poles. Councilwoman Mills clarified
Councilman Caupp shared his information with the Community Development Director.
Councilman Caupp said he thought he gave the information to Ms. Crockett. If she does not
have it, he has it at home. Councilwoman Mills said she would check with Ms. Crockett.
Councilwoman Felton noted VISX had a Banner Sponsorship Program in the early 1990’s before
the new light poles were installed. The City Manager’s Office should institute a policy on
displaying and storing the banners because some of those banners disappeared or blew away.
Mr. Merriman said he would ensure that issue is discussed.
Councilman Louderback thought the banners in downtown Miamisburg looked nice.
Councilwoman Mills agreed. She encouraged citizens to become involved in the Banner
Sponsorship Program, which gives them a stake in the city.
Councilman Caupp asked how sponsors would be recognized. Councilwoman Mills said a small
banner recognizing the sponsor would hang below the large banner. Councilman Caupp said he
would sponsor a banner.
ITEMS FROM CITY COUNCIL AND MAYOR: Memorandum regarding creation of AdHoc Design Standards Committee. President Propes noted at the regular City Council meeting
on April 9, 2009, Councilman Caupp distributed a draft Ordinance to create a Design Standards
Committee for the purpose of reviewing designs for new and remodeled structures. He
entertained comments from Council.
Councilman Caupp said the Memorandum included in tonight’s agenda packet is a revision from
what was shared at the last Council meeting, which would have included a permanent, standing
committee. Following review of the Ordinance and discussion with the City Manager, the
Finance Director, the City Planner, and the City Clerk, it was determined that the intent was to
create an ad-hoc committee to accomplish this task, and once completed, the Committee would
be abolished.
The Ad-Hoc Design Standards Committee would be charged with
reviewing/creating ordinance(s) for design guidelines for the City of Xenia for submission to the
Xenia Planning and Zoning Commission and City Council, respectfully. The maximum number
of people on the Committee is only a recommendation. He has names of a few volunteers who
would be interested in serving. If possible, he would like the first meeting to be in June.
President Propes noted Councilwoman Felton expressed a desire to serve. Councilwoman Felton
said that was correct since she chairs the Planning and Zoning Commission. Mayor Pennewitt
said as chair of the Board of Zoning Appeals, she would like to serve on the Committee.
Although she contacted the Council President, Councilwoman Mills apologized for not attending
the last Council meeting. The meeting was held during spring break and she and her family were
having a wonderful time in Myrtle Beach.
Award of Bid to Various Vendors for Water Distribution/Sewer Collection Supplies.
Mr. Merriman said on March 31st bids were opened from seven (7) vendors for both water and
sewer supplies for 2009. All vendors supplied very competitive bids. The vendors included:
Ferguson Waterworks .............................................. Dayton, OH
EJ Prescott ............................................................... W. Carrollton, OH
Utility Sales Agency ................................................ Clayton, OH
Neenah Foundry....................................................... Neenah, WI
HD Supply Waterworks ........................................... Tipp City, OH
Flex-Rod Equipment ................................................ Lima, OH
Utility Service & Supply .......................................... Monroe, OH
Mr. Merriman respectfully requested that Council award the bid for Water Distribution and
Sewer Collection Supplies for 2009 to all seven (7) vendors for their lowest bid on individual
items as requested, provided City specifications are met.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to award the bid for Water
Distribution and Sewer Collection Supplies for 2009 to all seven (7) vendors for their lowest bid
on individual items as requested, provided City specifications are met. Discussion followed.
Councilman Caupp asked the procedure staff uses to ensure they are always ordering from the
lowest priced vendor for each individual item. Mr. Merriman said all the items are ordered by
Lisa Waters, the secretary for Engineering and Public Service. Ms. Waters is very good at
staying on top of those things. Councilman Caupp asked if there is an inventory of most items
on-hand. Mr. Merriman said enough inventory is on-hand for frequently used items; orders are
often placed throughout the year.
Nays: None
motion carried.
Emergency Appropriation Ordinance and Authorization of Agreement for Design
of Jamestown Connector. Mr. Merriman said this agenda item pertains to design engineering
for the Jamestown Connector Bikeway Project. He respectfully requested that Council entertain
two motions:
Motion 1. Waive the second reading of an ordinance at two consecutive meetings and approve
as an emergency an Ordinance to appropriate an additional $12,008.00 into 361-5201-53121 for
design services for the Jamestown Connector.
Motion 2. Authorize the City Manager to formalize the agreement with LJB, Inc. and issue a
purchase order in the amount of $209,978.00 for the preliminary design of the Jamestown
Connector tunnel under the U.S. 35 By-Pass.
Mr. Merriman noted on August 23, 2007, Council approved a resolution approving the City of
Xenia’s participation in the Jamestown Bike Path Extension in conjunction with ODOT. Staff is
requesting Council ratify the engineering and design agreement for the Jamestown Bikeway Path
Extension with LJB, Inc.
Councilman Louderback presented an ORDINANCE AMENDING ORDINANCE 09-13 TO
MAKE ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE
CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009,
AND DECLARING IT TO BE AN EMERGENCY.
Councilwoman Felton asked why an additional $12,008 was needed. Mr. Merriman said money
was appropriated in the 2009 budget for design services. He asked Ms. Simpson to address
Council. Ms. Simpson said this is a contingent amount that the Ohio Department of
Transportation (ODOT) is allowing. ODOT approved a contract with LJB, Inc. ODOT oversees
the project because it impacts the U.S. 35 By-Pass. ODOT (Federal Funds) will cover
$167,982.00 (80%) of $209,978.00 contract and the City of Xenia’s local share will be
$41,996.00 (20%). The $12,008 may not be used but the city had to match 20% of the
$209,978.00 allowed in the contract. Councilwoman Felton said this is the same contract she
questioned before. When ODOT is involved, the City of Xenia is responsible for any overrides
regardless of what they are. Ms. Simpson said the Jamestown Bike Path tunnel design is
different. Because this project originally involved crossing two State highways, the project
implementation was designed to be controlled by ODOT. Usually the preliminary design cost is
entirely the responsibility of the local jurisdiction. Due to the costs, ODOT agreed to an
80%/20% match, which is unusual in this kind of grant agreement. Councilwoman Felton said
that’s what she wanted Ms. Simpson to state, which is they are saving money.
Mr. Merriman noted this action is just to ratify the engineering and design agreement for the
Jamestown Bikeway Path Extension. Actual construction will start at a much later date,
contingent upon having funding available.
Abstain: Felton
Nays: None
motion carried.
Abstain: Felton
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to authorize the City Manager
to formalize the agreement with LJB, Inc. and issue a purchase order in the amount of
$209,978.00 for the preliminary design of the Jamestown Connector tunnel. No discussion
Nays: None
motion carried.
Councilwoman Felton apologized for not calling Ms. Simpson before the meeting.
Authorization to Apply for Justice Assistance Grant (JAG). Mr. Merriman
respectfully requested that Council authorize the City Manager to enter into a Memorandum of
Understanding authorizing the City of Fairborn to apply for a JAG award on behalf of the City of
Xenia. He then deferred to Chief Person.
Chief Person said for several years, the Xenia Police Division was awarded a Law Enforcement
Block Grant that was used to purchase equipment. As part of the 2009 Recovery Act, the U.S.
Department of Justice through the Justice Assistance Grant program determined that the Xenia
Police Division is eligible to apply for a JAG grant in the amount of $23,749. The size of the
grant is determined in part by the size of the community and in part based on the community’s
crime statistics. There is no match required with this grant.
Greene County is considered a disparate county where the Sheriff’s office has concurrent
jurisdiction with other entities in the county and its funding allocation is substantially less than
the other entities in the county. In such counties, the U.S. Department of Justice requires that
one agency become the lead agency for grant purposes and that the rest of the entities in the
county eligible for funding enter into a memorandum of understanding with that lead agency to
apply for and manage the grant. In this case Fairborn has volunteered to be the lead agency. The
JAG formula resulted in funding being allocated as shown below:
OH
OH
OH
OH
GREENE COUNTY
FAIRBORN CITY
XENIA CITY
BEAVERCREEK CITY
County
Municipal
Municipal
Municipal
TOTAL
$10,676
$84,972
$23,749
$25,709
$145,106
The good thing about the above funding is that it shows the City of Xenia has a relatively low
crime rate compared to surrounding communities. The bad thing in this case is that having a low
crime rate hurts the amount of funding the City of Xenia receives. In this case, Fairborn
volunteered to be the lead agency since they are receiving the most money.
In the 2009 Capital Budget, they planned to purchase six radar units to start a two-year
replacement program of all current radar units that are about twenty years old. They cannot use
the JAG funds to purchase the 2009 units already budgeted because that would be supplanting
local funds. However, due to projected capital shortfalls in 2010, they can use the JAG funds to
purchase the five units that would have been purchased in 2010 had funding been available. Five
units will cost approximately $10,975. The second intended purchase with this grant are ten
additional Taser Units at a cost of $8,100 that come with a three-year warranty. These have
become invaluable tools to the Police Division and several of the units’ warranties will expire
this year. They tend to break two or three Taser Units each year. Once the Tasers are out of
warranty, it costs almost as much to repair one as it does to replace it. With the balance of the
funds, they intend to purchase training equipment for the Ford Road Training facility, such as a
commercial grade heavy bag and wrestling mats for our defensive tactics program. During
contract negotiations years ago, police officers received a minimum of two hours of training at
the facility. If the officers did 45 minutes to one hour of fire arms training, they were
compensated for two hours, which they realized was inefficient. Officers now do a two
component training where they spend 45 minutes to one hour of fire arms training and are then
required to do 45 minutes to one hour of defensive tactics. When the new training building is
completed, they will be able to do everything at that location.
Motion by Councilman Caupp, seconded by Councilman Louderback, to authorize the City
Manager to enter into a Memorandum of Understanding authorizing the City of Fairborn to apply
for a JAG award on behalf of the City of Xenia. Discussion followed.
Councilman Caupp asked if the six radar units were standard units or laser units. Chief Person
said they are regular radar units that are installed in all Xenia Police cruisers. There are two or
three laser units available for officers to check out to use while on stationary patrol. They like to
have regular radar units in all the cruisers to help with enforcement while they are patrolling the
city.
Councilwoman Felton asked if cameras would be purchased this year. Chief Person said
cameras were included in the 2009 budget; however, since there are no plans to purchase new
cars next year, cameras did not meet the criteria.
Nays: None
motion carried.
Councilwoman Felton asked if Chief Person really scheduled the Police Awards Banquet on
May 14th, the same day as their Council meeting. Chief Person said unfortunately, yes, because
it was the only date they could get the facility and the people. Councilwoman Felton said she
has never missed a Police Awards Banquet. Chief Person said the banquet starting time was
moved up to 6 p.m., but he now understood Council was having a Special Session that evening.
Councilwoman Felton asked if there was a Special Session on May 14th. President Propes said
that was the plan, but it could be changed. Councilwoman Felton noted some members of
Council attend “Toast of the Town,” which is also the same night.
Emergency Ordinance to Waive Bidding and Authorize the City Manager to renew
the City’s Property and Casualty Insurance. Mr. Merriman respectfully requested that
Council (1) waive competitive bidding and pass an emergency ordinance and authorize the City
Manager to accept the renewal quote from the Ohio Plan and Swartzel/Affiliated Insurance
Service and authorize issuance of a purchase order in the amount of $267,727; and (2) authorize
the Finance Director to disburse payment. The total savings to the City is $13,532 from last
year’s quote ($281,259 – $267,727).
Councilman Louderback presented an ORDINANCE WAIVING COMPETITIVE BIDDING
FOR THE RENEWAL OF THE PROPERTY AND CASUALTY INSURANCE FOR THE
CITY OF XENIA, AND DECLARING AN EMERGENCY.
Motion by Councilman Louderback, seconded by Councilwoman Mills, that the rules requiring
placed at once upon its passage. Brief comment followed. Councilman Louderback
congratulated Dave Price, Homeland Safety/Risk Manager, for his due diligence in saving the
city money, especially in today’s world where insurance rates are increasing. The Roll on this
was the following:
Nays: None
motion carried.
Motion by Councilman Louderback, seconded by Councilwoman Mills, that Ordinance Number
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Caupp, to authorize the Finance
Director to disburse payment of $267,727.00. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Emergency Appropriations Ordinance Authorizing Donation to the Xenia Area
Community Theater. Mr. Merriman respectfully requested that Council waive the second
reading of an ordinance at two consecutive meetings and pass an emergency Ordinance to
appropriate $5,000 in account 101-1001-59199 and authorize the Finance Director to disburse
the funds to the Xenia Area Community Theater in the amount of $5,000. These funds will help
complete the building improvements at the Xenia Area Community Theater.
(Mayor Pennewitt left the Council Chambers.)
Ayes: Miller, Caupp, Louderback, Mills, and Propes
Abstain: Felton
Nays: None
motion carried.
Abstain: Felton
Nays: None
motion carried.
Councilwoman Felton noted she abstained because all community donations to other
organizations were cancelled.
Motion by Councilman Caupp, seconded by Councilman Louderback, to authorize the Finance
Director to disburse the Funds to the Xenia Area Community Theater in the amount of
Councilman Caupp noted XACT secured a $40,000 grant from the Kettering Health Network, a
$5,000 donation from the Village of Yellow Springs (along with many smaller donations), and
now the City of Xenia is donating $5,000. XACT is located in the downtown area and has a
thrift shop operating in the theater that provides revenue for them on a regular basis. XACT is
doing a good thing in that building. He felt the $5,000 City of Xenia donation is a worthwhile
donation in the long term outlook for our downtown.
Councilwoman Mills said since many people are experiencing tight budgets, they do not have to
spend enormous amounts of money for good entertainment. The programs presented by XACT
in downtown Xenia are excellent and residents will be missing out if they do not attend a play.
Councilman Louderback noted tickets are available for the performances this Friday and
Saturday night. He agreed the plays are a worthwhile event to attend.
Ayes: Miller, Caupp, Louderback, Mills, Felton, and Propes
Nays: None
motion carried.
(Mayor Pennewitt returned to the Council Chambers.)
Motion by Councilman Louderback, seconded by Councilman Caupp, to approve payment of
bills totaling $451,748.97. Brief comment followed. Councilman Louderback thanked city staff
for buying in Xenia this month, which he appreciates. The Roll on this was the following:
Nays: None
motion carried.
Councilman Caupp noted the Greene County Combined Health District (GCCHD) was paid
$15,966.50 for second quarter health services. He thought the last time that was paid, Council
requested an overview of what the city got for the money, but he did not think they received that
information. Councilwoman Felton thought a yearly report was received from the GCCHD.
President Propes stated the GCCHD issues monthly reports for the entire county. Mr. Merriman
said he would check with the City Manager.
Councilwoman Felton said she pays for the personal calls she makes on her city cell phone. A
professional picture of Council was taken tonight prior to the meeting. She would like to know
how much one-seventh (1/7) of the price of the picture would be so she can reimburse the city.
Mr. Bazelak agreed to provide that information.
Emergency Appropriations Ordinance for legal services associated with the
forfeitures of eleven parcels. Mr. Lewis said the Greene County Treasurer foreclosed on eleven
parcels in Xenia for non-payment of delinquent property taxes. According to Chapter 5723 of
the Ohio Revised Code, if the parcels were advertised and offered for sale on two separate
occasions and there are no bidders, the property can be forfeited to the state or to a political
subdivision, school district, etc. There were no bidders for the sale of these eleven parcels.
He spoke with Judge Wolaver and Judge Campbell and they stated since the parcels did not sell,
they offered to forfeit the parcels upon petition. The City would be responsible for delinquent
and current property taxes and the court costs associated with the foreclosures. The delinquent
and current property taxes for the eleven parcels total $123,951.06. Of that, $82,801.53 is for
special assessments (i.e., weed mowing and demolitions due to the City of Xenia). The Law
Department has asked the ten taxing authorities to waive their taxes and he asked the Court to
also waive their Court costs, which total $11,039.44 as of April 15, 2009. All ten of the taxing
authorities agreed to waive any taxes due to them. Judge Wolaver and Judge Campbell indicated
they would be willing to waive the Court costs on these properties. Essentially, of the
$123,951.06, the City would be out only what is due us from the assessments and demolitions.
Three of the parcels have already been forfeited to the City and the City will not need to pay the
Court costs on these parcels. The parcels have not been transferred nor have the deeds been
recorded, as we are still awaiting waivers by the various taxing authorities.
The deadline for filing petitions asking that the eight parcels be forfeited to the City is May 4,
2009. If the City does not petition for forfeiture, the parcels will be forfeited to the State of
Ohio. The State of Ohio does not maintain the properties, nor is it required to do so by law.
Therefore, the City would continue to maintain them. There is one parcel in the City that was
forfeited to the State (211 Taylor) and is currently being mowed by the City. The special
assessments for this parcel are $2,466.96. A list of the properties was included in the agenda
packets.
In addition, there will be transfer fees and recording fees of approximately $300. In some
instances, the parcels are not wide enough for construction of a house, so staff proposes the
parcels may need to be surveyed, split, and offered to adjoining property owners. We anticipate
surveying costs will not exceed $3,000. In the long run, it will be cheaper for the City to proceed
with forfeitures than to maintain the properties. Staff proposes to divide the lots and sell them or
give them to adjoining property owners. In the long run, it will be a cost benefit to the City,
increase the value of the surrounding properties by increasing the lot sizes, which would result in
some increases in property taxes.
Mr. Lewis respectfully requested that Council pass two motions:
Motion 1. Authorize the Law Department to proceed with the forfeitures for the eleven parcels.
Motion 2. Waive the second reading of an Ordinance at two consecutive meetings and approve
as an emergency an Ordinance appropriating $15,300.00 for legal services into account 3611006-53114.
Motion by Councilman Louderback, seconded by Councilwoman Mills, to authorize the Law
Department to proceed with the forfeitures of eleven parcels. Discussion followed.
Councilwoman Mills asked if any of the lots had homes on them. Mr. Lewis said no, most are
vacant lots. The city has already completed the demolitions, which is why the special
assessments are so high ($82,801.53). Councilwoman Mills clarified since the lots are empty, it
would be an easier opportunity and no expense to the city for demolitions. Mr. Lewis said the
city would get stuck with the demolition costs regardless of whether the lots are forfeited to the
State of Ohio or to the City. The problem is the lots do not have a real market value, which is
why there were no bidders when they were offered for sale. He reiterated the city’s costs will be
the same whether or not they accept the lots.
Councilman Louderback asked if the lots could be donated to Habitat for Humanity. Mr. Lewis
said some lots may be large enough to do that.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, that the rules requiring the
Nays: None
motion carried.
Nays: None
motion carried.
Councilwoman Felton noted the city has donated lots in the past, such as on Marshall Drive,
which still does not have a sidewalk and it should. Items such as that need to be spelled out in
the agreement and should be something Ms. Fackler includes in her research.
Second Readings of Ordinances and Resolutions: Mr. Lewis presented a
RESOLUTION DECLARING IT NECESSARY TO LEVY A TAX IN EXCESS OF THE TEN
MILL LIMITATION, and it was read for a second time.
Motion by Councilman Louderback, seconded by Vice President Miller, that Resolution Number
09-J be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 630: GAMBLING OF PART
SIX – GENERAL OFFENSES OF THE CODIFIED ORDINANCES OF THE CITY OF
XENIA, and it was read for a second time.
Nays: None
motion carried.
Items for the Law Director: Councilwoman Felton requested an update on what all
three Appointed Officials are doing for the Tax Levy. She asked if they are ordering signs, etc.
Mr. Lewis said the three Appointed Officials met and are preparing something to present to
Council for their input. Mr. Bazelak said the Tax Levy will be on the agenda for the May 14th
Special Session. Given the time constraints and preparation needed for that meeting, it would be
difficult to have the information ready before that date. Mr. Merriman said regular updates on
the status of the Tax Levy could be shared with Council.
everyone about the Xenia Community School Levy on May 5th. There will be an “It’s Our Turn”
Pep Rally on Monday, May 4th at Cox Field from 6:30 p.m. to 8:30 p.m.
Councilman Louderback announced that the Parks and Recreation Department will sponsor a
free Junior Olympic Skills Competition at West Side Park on Saturday, April 25th. New
businesses include: The former manager of Roger’s Jewelry has opened Beyer Jewelers in Xenia
Towne Square; Walgreen Pharmacy will open on April 30th; Dairy Kings Delite has expanded
their outdoor patio sitting for their customers; Tim Horton Restaurant has added Coldstone
Creamery; Kennedy’s Korners on West Second Street has added an outside patio sitting area for
the customers of Cheng’s Restaurant and Carry-out. Dumbauld’s, a Xenia business for 50 years,
will be closing in June due to the retirement of the owners. He wished his friend, Nathan Smith,
good luck as he leaves for basic training on May 3rd and thanked him for his willingness to serve
our country. He thanked all service personnel across the United States. We could not meet
tonight if it were not for our current military and past veterans. We can meet here without the
fear of reprisal because of all their sacrifices.
Councilman Caupp noted the Xenia Community School Levy will be on the May 5th ballot. We
once again have an opportunity to put over $50 million in State money back into Xenia
Community Schools. This money will not be available without passage of the levy because of
the matching dollars that are required. It is a worthwhile expense for the taxpayer. If the levy
does not pass, we will eventually have to address the needs of our schools and the expenses will
be 100% paid for from our own tax dollars. We cannot afford to let this opportunity slip away.
New schools help drive business and the housing market. Schools are the key to start building
back and to market our community in a positive light. Xenia has Schools of Excellence. He
hopes the taxpayers of Xenia will want to continue to support the schools in any way possible. It
is a small expenditure for what we will receive in return.
Vice President Miller agreed with Councilwoman Mills’ and Councilman Caupp’s comments
regarding the Xenia Community School Levy, which he will fully support. He noted XACT will
have a youth program this summer. Please contact XACT if you are interested. Two of his
brothers are Merchant Marine Academy graduates, which is the unknown service to most people.
Everyone recognizes the Marines, Army, Navy, Air Force, and Coast Guard. The U.S. Merchant
Marine Academy is located in Kings Point, New York. During war or national emergency, the
U.S. Merchant Marine becomes vital to national security as a "fourth arm of defense." In World
War II, there were more Merchant Marine casualties by percentages (not volume) than in any
other branch of the service. Merchant ships bear the brunt of delivering military supplies
overseas to our forces and kept the ships supplied during the America/Europe campaign. Two
weeks ago, one of his brother’s USMMA alumni became the first (and hopefully the last)
Merchant Marine casualty in Afghanistan. He was working as a garrison engineer where he was
sent to rebuild roads. He was buried with full military honors on April 16th in Arlington National
Cemetery.
Mayor Pennewitt agreed with comments other Council members made regarding the Xenia
Community School Levy. Approving that levy on May 5th is an investment in our future.
Someone paid for our education – we should consider paying for other’s future education. We
will be saving $50 million for these new buildings now. If the levy does not pass, taxpayers will
have to pay 100% of the costs to replace those buildings within 10 years. She thanked Council
for approving the $5,000 donation for XACT. Finally, she encouraged Council to consider
attending Athletes in Action’s “Night of Champions” on May 7th.
Councilwoman Felton said she missed the “Tea Party” a few weeks ago. She wanted to attend
but could not go by herself. She is finding it very difficult to voice her opinion, because no
matter what your opinion is, you are on the wrong side. If you criticize the Federal Government,
you’re against the President, which is not what she is saying. She was critical of what Congress
and the Senate are doing. They have no idea what it is like in the Midwest. Members of the
Senate and Congress get their health insurance and retirement. She lives on Social Security and
is thankful for it. Now they want to tax Social Security and reduce benefits. How will people
who receive $300 to $400 a month live? She has a right to voice her opinion without someone
being nasty, hateful, and calling her unpatriotic. She wants everyone to be free to voice their
opinion. She pays her taxes and wishes the rest of them paid theirs, especially since they make a
lot more money than she does. She has never seen a member of Congress or the Senate leave
Washington, D.C. poor. If you’ve got complaints, call or e-mail your Congressman or Senator.
We need to protect the future of our young people.
President Propes had nothing further to share.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
May 14, 2009
Special Session
5:30 p.m.
The Xenia City Council met in a Special Session on May 14, 2009, at 5:45 p.m., in the City
Caupp, Dale Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis R.
Propes.
The agenda packet included the following information on the August 4, 2009, Renewal Levy:

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





Levy Task Assignments
2009 – 2010 Levy Timeline
Estimated Costs of Levy
Draft Levy Flyer
Draft Door Hangers
Suggested Message for Phone Calls
Draft Yard Sign
Agenda item from April 9, 2009, City Council meeting
Levy Task Assignments
Levy Flyers—Develop flyer for utility bills and separate flyer for door hanger.
Mr. Percival noted Mark Bazelak has been working on the levy flyers. Drafts of the levy flyer
and door hangers have been included in their agenda packet, which they can discuss later in the
meeting.
Door to Door Campaign—Drop off simplified flyer in neighborhoods a few weeks prior to election.
Mr. Percival said the door to door campaign will be accomplished 1 to 2 weeks prior to election.
Councilwoman Felton felt the door to door campaign should be concentrated in the high voting
areas. Mr. Lewis said they have the voting turnouts from the last election. They also have a
walking list of all the registered voters in each precinct. Mr. Percival confirmed they will visit
the high impact areas and the registered voters.
Phone Campaign—Begin calling with preset message delivered by volunteers the week before the election.
Mr. Percival said only registered voters will be called. Councilman Caupp asked if the Code Red
system could be used instead of enlisting volunteers. Mr. Lewis said no.
Signs—Signs for renewal levy to be placed no sooner than 30 days from election; July 6th completion date
should meet this requirement.
Mr. Percival said a draft layout of the sign has been included in their agenda packets, which they
can discuss later in the meeting.
XCC Special Session Meeting Minutes, May 14, 2009, Page 2
Newspaper Articles/Letters to Editor/Press Releases—Articles in newspaper, letters to editor, press
releases illustrating steps taken to reduce cost and provide information on levy to be done consistently
through election.
Mr. Percival noted Liz Studebaker has already written a few articles about the levy. They will
ensure there are positive articles about the city in the paper. As Election Day get closer, Letters
to the Editors supporting the levy will be published.
Key Leader/Organization Endorsements—Seek key leader and civic organization endorsements.
Mr. Percival said they need to work on obtaining endorsements from key leader and
organizations in the area between now and the election.
Consultant and Other Budget Costs—Determine possible consultant costs and other budgetary costs for
election to be presented at Council work session.
Mr. Percival said they have gone back and forth on this issue. They want to ensure that whatever
they do now will not hamper any effort for a possible police and fire levy next year. Most firms
they spoke with want a one-year contract and are not interested in a short-term relationship.
Find Treasurer for P.A.C.—Find Treasurer for Political Action Committee for renewal levy.
Mr. Percival said Brad Montgomery agreed to serve as the P.A.C. Treasurer. Eric Montgomery
also agreed to serve as Treasurer.
Absentee Voters—Collect absentee voter lists from Board of Elections and provide information to
absentee voters.
Mr. Percival said as information on absentee voters is obtained daily, levy information will be
sent, which will not be a terribly time-consuming task. Since 30% of the voters are absentee
voters, it will be a critical group that they need to reach.
Councilwoman Felton emphasized that the levy information must be sent the same night that
absentee voter information is obtained. They cannot wait because most senior citizens fill out
and mail their absentee ballot as soon as they get it. Vice President Miller agreed; most absentee
voters return their absentee ballots within 48 hours. Mr. Percival agreed.
Councilwoman Felton asked if Law Department volunteers could be in charge of the task.
Mr. Lewis said they will discuss that; however, city staff cannot be used for any part of the
campaign.
Video for Channel 5—Develop video presentations for display on Channel 5.
Mr. Percival said the informational videos will be played on a rotating basis on the City’s
Government Channel 5.
Councilwoman Felton asked Mr. Percival to listen to Council’s feedback before proceeding any
further. Mr. Lewis agreed. They have some of the same problems they had with the last levy.
The law has not changed. They cannot expend any city funds or use any city staff or assets to
oppose or support passage of the levy, just like the Xenia School Board was instructed to do
during their last levy campaign. The School Board raised money but did not and cannot spend
tax dollars on the campaign, which the city will also be unable to do. They need to decide how
to approach all these things. The Unions may be willing to contribute some of their P.A.C.
money to the levy campaign. They can share informational materials, like they previously sent
in the utility bills, but the information cannot say to vote for or against the levy. Hopefully, the
Unions will be willing to contribute money to some extent.
Mr. Percival felt there were a lot of people that do business with the city who would be willing to
contribute money for the campaign. Councilwoman Felton asked if any of that had been
discussed with the Unions. Mr. Percival said he met with the Union Presidents twice about the
August levy and explained the financial situation of the city, but he has not asked them for a
specific amount of money.
Councilman Louderback asked how much money was needed for the campaign. Mr. Lewis said
that would depend on how much they decide to do. Councilman Louderback said he did not
understand the need to hire a consultant. Mr. Bazelak said a lot of the information in the agenda
packet can be shared [at the expense of the City] because it does not ask voters to vote for the
levy. Depending on how Council chooses to move forward, donations will be needed.
Mr. Lewis thought they could get donations without asking people to vote for the levy. The
reason consultants want a one-year contract is because they could be paid to run the election, but
the city would not technically be paying them to do that. The consultant would almost be paid to
do branding like a public relations firm does. The consultants could do polling to determine
what the community wants and feels about the city and/or schools. They then pull all that
information together for the city to use, which is how they get around paying a consultant to run
the election. Consultants want to be involved in the entire branding process.
Estimated Costs for Levy
Levy Flyer
Door Hangers
Yard signs
Consultant
Absentee Mailings
Election expense
Misc.
Total
$ 1,500 for printing
$ 100 for blank hangers and shipping
$ 1,500 for single color (e.g. blue signs with white lettering)
$15,000
$ 500 for postage
$ 8,000 (assuming we split the cost w/schools)
$ 400
$27,000
Mr. Percival noted the two biggest costs are the $15,000 consultant fee and $8,000 election
expense fee (which will come out of the city’s budget.) They can probably pay for the levy flyer
($1,500) if it is viewed as informational material. The door hangers should definitely say “Vote
Yes” but the $100 cannot be paid with city funds. Mr. Bazelak said the door hangers will most
likely cost more than $100. Michelle Johnson, City Clerk, designed the template and was going
to print the door hangers in-house. However, with the latest information they received, they will
have to contract out the printing unless they can find some volunteers.
Mr. Bazelak said Ms. Johnson, Mr. Lewis, and he developed the sign templates. They all felt the
verbiage needed to be as brief as possible in order to get the point across. He noted the example
shared with Council is only a draft.
Councilwoman Felton asked how many yard signs could be purchased for $1,500. Mr. Lewis
said the price they got was $3.68 each. Councilman Caupp estimated they could purchase at
least 500 signs. Councilwoman Felton asked which company would be used. Mr. Lewis said the
price he quoted was from Patriot Signs. Vice President Miller said AEG Signs near Athens,
Ohio, could print the signs cheaper. Councilman Caupp said he used a sign company in West
Chester. The signs were very heavy, very durable, with heavy gauge wires that withstand the
wind, and they were pocket signs (no staples needed). Mr. Lewis said the signs from Patriot
Signs had no staples. He asked Vice President Miller and Councilman Caupp for phone numbers
of the companies they mentioned. They would like to get the best sign at the best price.
Regardless of the price, Councilman Louderback said he would not agree to have a company
outside Xenia print the yard signs. Screen Play and Ad Leap Promotions make yard signs.
Mr. Lewis said the only man from Xenia that advertised he did political signs was listed in the
telephone book. He left two phone messages but has not yet received a return phone call.
Councilwoman Mills said Trophy Sports does pocket signs. Mr. Lewis said they could call local
companies to get prices.
Councilman Caupp said no local company does pocket signs. The local companies contract with
an outside company and add 5% or 10% to the price. Councilman Louderback said he did not
want to run a Xenia campaign with a Cincinnati sign company. Councilwoman Felton said that
would happen anyway because the local company orders signs from an outside company.
Councilman Louderback said he did not care because a Xenia company would receive the
money. Vice President Miller noted the Xenia company would only receive 5% of the money.
Councilman Caupp stated signs can be ordered on-line. Councilman Louderback said he would
object if the signs are purchased outside Xenia. Mr. Percival said they would contact Trophy
Sports, Screen Play, and Ad Leap. Councilman Caupp thought they need to look at the cost
difference. Vice President Miller said if there is a huge cost difference, they will have to
purchase the signs from a company outside Xenia. If not, he did not care.
Mr. Percival said the $1,500 estimated was for approximately 500 signs, but he was not sure they
needed 500 signs at this point, which is something they need to discuss. Mr. Lewis said since it
costs $1,300 for 250 signs or $1,500 for 500 signs, they might as well order 500 signs.
Vice President Miller noted if the Issue number is on the yard sign, it cannot be used again.
Councilwoman Mills said the School Board did that but later regretted their decision. Mr. Lewis
felt the Issue number needed to be on the signs. Mr. Bazelak said they could order 250 signs
now and order more later. Mr. Lewis did not think the vendor would do that because of the setup
costs. Councilwoman Felton noted setup costs should be a one-time charge.
Councilman Louderback wondered if they needed to hire a consultant. Mr. Percival said they
may want to revisit that issue during the Police and Fire Levy campaign.
Vice President Miller asked if they could hire a campaign manager. Mr. Lewis did not think that
was the problem. Everyone present knows how to run a campaign. They are looking for a
consultant who has been successful in working with multiple levies and knows the pitfalls they
need to avoid.
Councilman Louderback asked if the school levy would be on the August ballot. Mr. Percival
said no. He talked with Dr. Lewis yesterday. The School Board is meeting tonight. Dr. Lewis’
opinion was that the State was going to give them another shot in November and that they were
going to rework the entire project. In order to significantly reduce costs, they will not build a
new high school and will make improvements at the elementary schools. Councilman
Louderback said he heard that would still cost $30 million. Mr. Percival said the term is
“segmenting,” which is the term the Greeneview School Board used. They will not move
Central Middle School to Xenia High School, they will not build a new high school, and they
will only make improvements at the elementary schools. Councilman Louderback asked how
much money was requested last time. Mr. Percival said $80 million. The school levy will be on
the November ballot.
Councilwoman Felton asked if the election expense would be more than $8,000. Mr. Percival
said yes; the election expense would be $15,000, assuming there are no other issues on the ballot.
There may be other issues on the ballot that were defeated last November but he did not know if
they would be on the August ballot. He noted if there are other issues on the ballot but they are
not voted on in Xenia precincts, we will still pay the full election expense to open up all the
Xenia precincts.
Mr. Percival said they need to know if Council wants to use yard signs, which he thought they
did; however, 500 signs may be too many.
Mr. Percival said postage was estimated to cost $500 and miscellaneous costs were estimated to
cost $400. Mr. Lewis said the $500 in postage was to mail information to absentee voters.
Mr. Percival said without the $15,000 consultant fee and the election cost, the costs are estimated
to be around $4,000. They have done a lot of exploration but are not sure a consultant is a
necessity for the Renewal Levy at this point. As Mr. Lewis noted, they wanted a consultant to
ensure they do not make any major faux pas that will negatively affect the police and fire levy
effort. Mr. Lewis agreed. He reiterated that everyone present could run a campaign. He wanted
to ensure the Renewal Levy is not over-sold in case they need to ask for another levy in the
spring.
Levy Timeline
Mr. Percival said they need to submit the ballot language to the Board of Elections by May 21st.
Mr. Bazelak said the ballot language has been submitted. Mr. Percival said if the Renewal Levy
is not approved in August, they can work toward the November 3rd date. After that, the next
opportunities for passage of a police and fire levy would be February 2, 2010, or May 4, 2010.
He was not sold on the February date, because it is almost impossible to get anything done since
they cannot get the information out. It is difficult to put signs in the ground in the middle of
winter. They believe once the Renewal Levy is approved, they should look at May 4, 2010, for a
police and fire levy. Mr. Bazelak thought they need to think about how a successful school levy
may affect the city’s future levy campaigns.
Levy Flyers—Develop flyer for utility bills and separate flyer for door hanger.
Mr. Percival said since the levy flyers are informational only, they can be mailed with the utility
bills. They will not say “Vote Yes.” The flyer answers questions and explains where the money
is coming from and where it is going. Mr. Bazelak said the same type of paper (heavy, glossy
paper) used before most likely will not be used this time. The company had problems using their
folding machine to fold the flyers because of the paper used. They will discuss the type of paper
that will work in the company’s folding machine.
Mayor Pennewitt noted in the middle section of the flyer, it states “NO ADDITONAL COST TO
TAXPAYERS!! The City has not received a tax increase since 1991, and voted property taxes
have not been increased since 1959.” In the third column under “Questions and Answers,” it
states, “Deficits are projected in 2009-10 and beyond. Unless major changes in State and
Federal funding occur, the City will face a bleak financial future.” If the Renewal Levy fails,
she asked if there would be sufficient revenue to assure our citizens of the same quality and
quantity of services they have received in the past. She presumed the answer is “No.”
Mr. Lewis said there is no guarantee citizens will receive the same level of services even if the
Renewal Levy passes. Mayor Pennewitt asked if a study had been done to decipher the
reduction in manpower, and if so, when will that decision be activated. She thought the citizens
need to know what the ramifications will be if the Renewal Levy fails. Even if the Renewal
Levy passes, it will still not be enough money for the city to operate like it currently does. She
did not think citizens understand the ramifications if the Renewal Levy fails.
Mayor Pennewitt noted the flyer states, “Even with this request, we will still strive to provide the
most economical and efficient services possible.” Mr. Percival said that is their job. Mayor
Pennewitt said she felt the citizens need to understand how serious this problem is. The material
does not state the facts in such a way as to make the citizens wake up and say, “Oh my gosh this is what can happen!” Mr. Percival said he is not a sensationalist. He is not going to run out
and say, “The sky is falling!”. He does not believe that is the right way to do business. You tell
people the truth, and if they agree with you, fine. If they don’t, they don’t. Mayor Pennewitt
said she was not suggesting they lie. You tell the truth; however, there needs to be some way to
simply state the serious financial situation the city is in.
Mr. Bazelak said that is why they discussed hiring a consultant, but they were not sure they
wanted to spend $15,000 of the taxpayer’s money. He thought Mayor Pennewitt and
Mr. Percival each had valid points. Council needs to determine where they want to go.
Councilwoman Felton said they were assuming citizens will read all the information in the flyer.
She did not think most people paid any attention to the literature. Mr. Lewis thought one out of
ten people will read the flyer. Councilwoman Felton thought that “NO ADDITIONAL COST TO
TAXPAYERS!!” should be emphasized.
Councilwoman Mills said they do not have a crystal ball to know exactly how to proceed. They
don’t know the ramifications if the Renewal Levy fails. Mr. Percival said that was explained at
the work sessions. They have a plan for what the ramifications will be if the Renewal Levy fails.
Councilwoman Mills understood there were ramifications and that the city has a plan, but they
do not need to blackmail or threaten voters. Mr. Percival said it is a difficult situation.
Councilwoman Mills said the back of the flyer states, “This Levy Renewal will generate
approximately $409,000 for critical services, such as Police, Fire, Streets, and Parks and
Recreation,” which is true, but she thought they should tell citizens that the Renewal Levy will
not bring in enough money to run the city (and keep our head above water) and that voters will
be asked to pass another levy for police and fire later. Mr. Percival said he did not know how to
state it. However, passage of the Renewal Levy will barely allow the city to keep their heads
above water. As they move forward, they know additional revenues will be necessary in order to
continue the same operations they are currently being provided. He thought the only way to sell
an additional levy would be to highlight safety services (Police and Fire).
Vice President Miller noted the flyer contains a pie chart entitled “How your tax dollars are
spent” which shows: Police (30%); Fire (26%); and Dispatch Center (8%). He asked if the
Dispatch Center was part of Police and Fire. Mr. Percival said no; it is part of safety services.
Councilwoman Felton noted 8% is only the city’s share for the Dispatch Center cost, not the total
cost. Vice President Miller said in order for citizens to know that 64% of their tax dollars are
spent on safety services, the pie chart should show the combined costs. The slice could be
Safety Services - 64% (Police 30%; Fire 26%; Dispatch Center 8%), which may have a greater
impact on the public. Citizens would also clearly see from the pie chart that 9% of their tax
dollars are spent on streets. Councilman Caupp thought Vice President Miller had a valid point.
Mr. Lewis agreed the flyer should clearly state even if the Renewal Levy is passed, it will not fix
the city. If he voted for the Renewal Levy, he would wonder why five months later the city was
asking him to vote for a Police and Fire Levy when he already voted for the Renewal Levy.
Mr. Bazelak thought the ‘$64,000’ question was how to do it. He understood people may
perceive it as blackmail. He thought they were trying to relay the information to the public,
which is their job. Councilwoman Felton thought the information should be relayed according to
the citizen’s mindset and budget, and not the city’s. Citizens care about their checkbook and
their services. Mr. Bazelak said he understood that, but you get what you pay for. Mr. Lewis
thought they needed to be careful about what is perceived as blackmail, which is a very delicate
line.
Vice President Miller did not think it was blackmail if they are just telling the truth. President
Propes said the perception is that it is blackmail. Vice President Miller said if the public thinks it
is blackmail when it is the truth and the levy fails, and then services are cut that they stated
needed to be cut to provide a balanced budget, then it is not blackmail. President Propes agreed
it is not blackmail, but they will be combating the perception that it is blackmail. Vice President
Miller said he often tells people that the city does not run on $409,000, but it helps. If they don’t
have the $409,000, the city will suffer.
Councilman Caupp said the facts are the Renewal Levy means no new taxes and no increase in
taxes. Councilwoman Mills agreed the flyer should clearly state those facts, but the public also
needs to know that passage of the Renewal Levy will not fix the hole in the city’s deficit.
Councilman Caupp thought educating the public was fine and the flyer was great, but most
people will not read all the information in the flyer. They may only look at the pie charts.
Door to Door Campaign—Drop off simplified flyer in neighborhoods a few weeks prior to election.
Mr. Percival asked for opinions on the door hangers.
Councilman Caupp thought the bottom of the door hangers were “too busy.”
Vice President Miller said he would greatly reduce the logo on the top. Mr. Percival said the
logo is where the hole for door knob is located. Vice President Miller said NO NEW TAXES!
should be the first thing the public reads, not the last thing, which should be followed by “Vote
for Issue __ August 4th, and all the text should be the same color. Mr. Lewis thought the door
hangers should be blue and white if they only want to use two colors. Using multiple colors
increases the price significantly. Mr. Bazelak again reminded those present that the three door
hangers are just examples.
Councilwoman Mills asked if Council liked the yard signs. Mr. Lewis thought the less
information on the signs, the better. Otherwise, they are too hard to read. Councilwoman Felton
agreed. Councilman Caupp thought having the Issue Number on the sign was important.
Mr. Lewis agreed. Councilman Caupp thought the date should be removed so that the sign
reads,
VOTE FOR ISSUE _____
NO NEW TAXES!
Councilwoman Mills asked if four members of Council liked Councilman Caupp’s suggestion
for the yard sign. President Propes asked Councilwoman Felton for her opinion. Councilwoman
Felton said she was not sure; she needed to think about it.
Mayor Pennewitt thought the Issue Number should be larger. Mr. Lewis said if the August 4th
date was removed, the Issue Number could be enlarged. Councilwoman Felton said there are
only one or two issues on the entire ballot. Mr. Bazelak said the Renewal Levy may be the only
issue on the ballot.
President Propes asked how Council felt about the door hangers. Councilwoman Felton thought
the door hangers should match the yard signs, the city’s logo at the top and information on the
bottom of the door hanger should be removed, and they should only use two colors. The door
hangers could be white with blue letters, although she was not sure door hangers worked.
Councilman Caupp said door hangers are cheap to print. A huge stack of door hangers can be
printed for $100. Councilwoman Felton said she was not arguing that point, but she was not sure
how effective they were.
Councilwoman Mills asked who would walk the neighborhoods. If the city is going to ask for a
Police and Fire Levy in six months, police officers and firemen should walk the streets at that
time. Councilwoman Felton asked if that was allowed. Mr. Lewis said police officers and
firemen could walk the neighborhoods for both levies but they cannot do it while on duty or
while in uniform. Councilwoman Mills thought it would be better if police officers and firemen
walked the neighborhoods when they campaign for the Police and Fire Levy. Police officers and
firemen could wear a union t-shirt and distribute door hangers while off-duty.
President Propes summarized the suggestions:
Door hangers: (1) remove much of the information; (2) move NO NEW TAXES to the top;
(3) make the door hangers look like the yard sign.
Councilwoman Mills thought the information on who to call for questions should be left on the
door hangers. Councilman Caupp thought the signs must also contain the financial disclosure on
the bottom.
Councilwoman Mills said many people told her they don’t look at the information in their water
bill. Mr. Percival said many people told him they did not see the flyer in their water bill.
Councilman Louderback found that hard to believe. Councilwoman Mills said it is no different
than when she gets her VISA bill. She pulls out the part she needs to pay the bill and throws
away the other 15 pieces. Councilwoman Felton said she does the same thing.
Mr. Bazelak clarified “Vote for Issue ___” should be on the door hangers and yard signs. They
will need to get donations to pay for those. Mr. Percival said once they have a number, he will
ask the Unions for a donation. Door hangers are inexpensive. Sandy Schmidt from PIP can print
the door hangers on thicker [card stock] paper. She does a good job.
Flyers: Mr. Percival clarified that under the flyer heading “How your tax dollars are spent,” the
pie chart would be changed so the slice would show Safety Services 64% - (Police 30%; Fire
26%; Dispatch Center 8%). Councilman Caupp thought they decided not to do that yet.
Councilwoman Felton agreed they should wait to do that for the Police and Fire Levy.
Councilwoman Felton referenced the pie chart entitled “Property Tax Distribution.” She thought
they need to emphasize how much the City of Xenia receives from the Property Tax Distribution,
which is 9%. Councilwoman Mills agreed. President Propes did not think the Xenia
Community Schools would like the pie chart because it shows that they receive 64% of the
money collected from property taxes. Mr. Lewis thought the pie chart shows that the City of
Xenia is not being greedy, particularly if both issues are on the ballot at the same time.
Councilman Louderback agreed.
Mr. Percival suggested pulling out the slice from the pie chart that shows how much the City of
Xenia receives and enlarging that slice. Council agreed. Councilman Caupp said many people
think that the City of Xenia gets a lot of money from property taxes, but the pie charts shows that
is not true in comparison to what others receive.
Councilwoman Felton thought the 1% “Other” slice in the pie chart did not clearly show who
receives that money. Mr. Percival asked if the 1% “Other” slice should be combined with the
5% “Greene County JVS” slice to total 6%, which would un-clutter the chart. The City of Xenia
9% slice would be pulled away from the pie chart. Councilman Caupp said he liked Greene
County JVS being separate because it shows that Xenia Community Schools receive even more
taxpayer money (a total of 69%). Mr. Percival said the 1% “Other” slice could be combined
with the 5% “Greene County JVS” slice to show a total of 6%.
Mr. Percival wondered if they wanted to have the checkmark next to the word “NO” on the yard
sign. It bothered him psychologically. Councilwoman Felton suggested the sign read:
NO NEW TAXES!
VOTE FOR ISSUE _____
Mr. Lewis said they would create two mock-ups of the sign. Mr. Percival liked the suggestion to
use the blue and white colors. President Propes said Council can make a decision after they see
both examples. Mr. Percival said the adjustments would be made and shared with Council.
The Special Session was adjourned at 6:40 p.m.
Xenia City Council
Xenia City Council
May 14, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on May 14, 2009, at 7:00 p.m., in the City
Propes.
INVOCATION: Pastor Bruce Givens, Zion Baptist Church, gave the invocation after which all
Pennewitt, to approve the April 23, 2009, Executive and Regular Session minutes as written. No
Nays: None
motion carried.
Alan Liming said he was representing the Xenia Area Chamber of Commerce and Screen Play
Printing. They support the city applying for the FY 2009 Tier Two Downtown Building and
Streetscape Project funding. The Xenia Area Chamber of Commerce supports the efforts of the
city to make our community a better place for both the citizens as well as our business
community. This is just another step in the right direction.
Elizabeth Svenson said she owns a downtown business, Blue Jacket Books. On behalf of the
Xenia Area Merchants Association, they also support the city applying for the FY 2009 Tier Two
funding that Ms. Crockett will discuss later in the meeting. Many of the Xenia Area Merchant
Association members have businesses located in the downtown area. They all feel that having a
strong downtown as a community center and a place where people can congregate and have fun
and that presents an attractive image to the outside will not only benefit the downtown
businesses but also everyone who lives and works in the area. It will be a good place to live and
work.
Traffic Commission: Councilman Caupp said the May meeting was cancelled due to
lack of agenda items. There are several items for the June agenda. He received many e-mails
regarding the timing of the traffic signals.
Greene County Regional Planning Commission: Councilman Caupp said the May
meeting was cancelled due to lack of agenda items.
Board of Zoning Appeals. Mayor Pennewitt said the April 27th meeting was cancelled
due to lack of agenda items.
ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Miller announced there will
be an antique festival at Shawnee Park on Saturday, May 23rd from 9 a.m. to 5 p.m.
Mayor Pennewitt noted the Mayor’s Prayer Breakfast is scheduled for Friday, May 22nd at
Legacy Ministries from 7:30 a.m. until 9 a.m. She encouraged everyone to attend. They will be
delighted to hear Cedarville University’s President William Brown speak. Tickets can be
purchased by contacting Jim Kennedy or Bob Altick.
Emergency Ordinance to Waive Competitive Bidding and Purchase a Bulk Fuel
Tank and Appurtenances for the Water Treatment Plant Generator. Mr. Percival noted an
emergency standby generator was ordered in March. While planning the generator installation
scope, it was recommended by all parties involved to move forward with replacing the existing
bulk fuel tower. The existing fuel tower is almost 30 years old and serves as the largest threat to
the city’s water supply due to the system’s non-compliance within current codes and regulations
for spill/secondary containment within a Source Water Protection Area. This fuel tower was
cited for non-compliance on the 2008 EPA Sanitary Survey at the WTP.
consecutive meetings and approve as an emergency an Ordinance to waive competitive bidding
for the purchase of a bulk fuel tank and appurtenances from Hamilton Tanks and approve a
purchase order in an amount not to exceed $15,394.90 from account 664-6602-55305 (Plant
Equipment).
Mayor Pennewitt presented an ORDINANCE AUTHORIZING THE PURCHASE OF A BULK
FUEL TANK AND APPURTENANCES FOR THE GENERATOR AT THE WATER
TREATMENT PLANT WITHOUT FORMAL COMPETITIVE BIDDING, AND DECLARING
Motion by Mayor Pennewitt, seconded by Vice President Miller, that the rules requiring the
Councilwoman Felton asked if the fuel tank would be installed above or below ground.
Mr. Percival said the tank would be installed above ground. Councilwoman Felton asked if the
fuel tank was designed with a secondary containment. Mr. Percival said the tank is double sided
and located in a large containment area.
Vice President Miller asked if the tank would be shielded from UV rays by a shelter due to all
the synthetics in it. Mr. Percival said he did not know but he would have someone get back with
him. The generator sits in a shelter but the tank sits next to the shelter. President Propes noted
the photograph from the vendor shows the tank enclosed in a thermal insulation box.
Councilman Caupp asked if the price included installation. Mr. Percival said the price includes
installation of the tank but not installation of the generator. Staff will ask for funds to install the
generator at an upcoming Council meeting, which will include the electric. Councilwoman
Felton asked if installation was included as part of the generator bid package. Mr. Percival said
no. At the March 12, 2009, XCC meeting, staff stated the generator purchase did not include
installation [and it would be followed by a competitive bidding process for the mechanical and
electrical installation]. The bid will include installation of the generator and running all new
lines and switch gears in order to reduce the chance of failure or breakdowns in the future.
Mayor Pennewitt asked if the $20,000 budgeted was for the entire costs, including installation.
Mr. Percival said no. He estimated it would cost $75,000 to install the generator, which includes
installation of the switch gear and all the electric lines. Mayor Pennewitt asked if money was
allocated for the expenditure in the 2009 budget. Mr. Percival said yes. Mayor Pennewitt said
that was not noted in the agenda report under line item 664-6602-55305. Mr. Percival said the
$20,000 allocated in the line item was just for the purchase of a bulk fuel tank and
appurtenances. Mayor Pennewitt asked if labor for installing the fuel tank was shown in another
line item. Vice President Miller said the line item shown on the agenda item report is just for the
purchase of the fuel tank. The generator and installation are two different costs separate from
this purchase. Council approved purchasing the generator at the March 12th meeting.
Mr. Percival agreed. He noted the generator has been ordered. Mayor Pennewitt clarified there
would be a $6,000 balance in line item 664-6602-55305. Mr. Percival said that was correct.
Councilwoman Mills congratulated staff for the money they saved on emergency generator rental
fees. As noted in the agenda report, “The ship date for the generator was initially estimated at
20 weeks or by the end of July. That date has been moved up four weeks to the week of June 22.
This ship date alteration, coupled by an expeditious installation process, may bring some
substantial cost savings to the City on rental fee reductions. Staff also negotiated a 20% price
reduction on the bulk tank and a 10% price reduction on all system appurtenances, which
resulted in an approximate savings for the city of $5,000.” Mr. Percival said staff is trying to get
the generator installed as quickly as possible in order to save rental fees.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, that Ordinance Number 09-30
Nays: None
motion carried.
Award of Bid for Ford Road Propane Supply Contract for 2009/10. Mr. Percival
said staff was asked to bid the annual propane supply. Sealed bids for this project were opened
on April 7th with the following results:
Firm:
Southwest Landmark
Collett Propane
Bid Total (up to 6,000 gallons):
$ 9,540.00 or $1.59 per gallon
$11,394.00 or $1.899 per gallon
Mr. Percival respectfully requested that Council award the bid for the Ford Road Propane Supply
Contract for one year to Southwest Landmark, authorize the City Manager to enter into a
contract with Southwest Landmark, and issue a purchase order to them not to exceed $9,000.00.
Motion by Councilman Caupp, seconded by Councilman Louderback, to award the bid for the
Ford Road Propane Supply Contract for one year to Southwest Landmark, authorize the City
Manager to enter into a contract with Southwest Landmark, and issue a purchase order to them
not to exceed $9,000.00. Discussion followed.
Councilwoman Mills noted the motion was to approve a purchase order not to exceed $9,000.00;
however, Southwest Landmark’s bid is 9,540.00. Mr. Percival said the bid was based on 6,000
gallons, but no more than $9,000 will be spent on propane. Councilwoman Mills asked why the
budgeted amount of $18,000 was almost twice the amount expended. Mr. Percival responded
that line item 612-1331-53803 (2009-10) is the amount budgeted for all the propane, which
includes other smaller areas. The $9,000 is for propane for the Ford Road Wastewater Treatment
Plant only.
Councilman Caupp thought the price for propane was probably higher when staff prepared the
2009 budget. Mr. Percival agreed. Last fall the price for propane was $1.99/gallon if purchased
in large quantities. Councilman Caupp noted the city is currently paying $1.89/gallon for
propane. The awarded bid of $1.59/gallon is 30 cents less.
Nays: None
motion carried.
Award of Bid for Self Contained Breathing Apparatus. Mr. Percival respectfully
requested that Council award the bid for Self Contained Breathing Apparatus to Warren Fire
Equipment, Inc., and authorize him to execute a purchase order for $190,080. The SCBA’s
currently used by the Fire Division will be at the end of their useful life. The units were
purchased in 1995 and are only certified for 15 years. Full replacement costs of $245,000 for the
SCBA equipment were included in the capital improvement portion of the 2009 budget. The
purchase price will not exceed $190,080. Bid invitations were sent to several known companies
in North America that manufacture this product. Warren Fire Equipment in West Carrollton,
Ohio, was the only bid received. He noted Chief Leaming was available for questions.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to award the bid for Self
Contained Breathing Apparatus to Warren Fire Equipment, Inc., and authorize the City Manager
to execute a purchase order for $190,080. Discussion followed.
Councilman Caupp asked how many SCBA units would be purchased. Chief Leaming said 32
units would be purchased, as well as a face mask for every employee so they can maintain some
continuity. They currently have 28 SCBA units. The additional units will be used in staff
vehicles since there are currently none in those vehicles, and it will allow them to have spares.
Councilman Caupp asked if SCBA units are normally all purchased at the same time or if they
were incrementally purchased previously. Chief Leaming said purchasing the units in phases
would be difficult because the compliance standards change yearly. Maintaining continuity is
important since firefighters are already familiar with the existing SCBA product. This is a
lifeline issue. They would not want firefighters to be unfamiliar with something they are
transitioning in and out. SCBAs are the most critical piece of apparatus utilized in fire service.
He respectfully requested that all the units be purchased at the same time, even though staff
understands all these units will also expire at the same time, and they will face this same expense
in 15 years. Councilman Caupp thought that made sense.
Mr. Bazelak said staff is also exploring financing quotes, which will probably be brought before
Council at the next meeting.
Councilwoman Felton said years ago, a different type of mask was purchased for the Police
Division. She asked where those masks were, how many there were, and if they were in the
trunks of police cruisers. As was the case with the recent chlorine spill, police officers normally
arrive on scene first. Mr. Percival said he did not know the answer to Councilwoman Felton’s
questions, but he would find out. Chief Leaming said the masks referred to by Councilwoman
Felton would not be conducive for chlorine. There were enough filtered masks purchased for
every police officer. Those masks would be useful in some situations, but fire personnel do not
utilize them; they use SCBA’s so they have supplied air. Councilwoman Felton said previously
it was determined that police officers could utilize the filtered masks most of the time. Those
masks should not expire like other things they have. Chief Leaming said there is an expiration
date on the canisters used with the filtered masks. He suggested contacting Chief Person.
Mr. Percival said he would look into the situation.
Nays: None
motion carried.
Authorization to apply for grant funds through the United States Fire
Administration, Assistance to Firefighters Grant Program. Mr. Percival said the Fire
Division is seeking authorization through the City Manager’s Office to submit an application for
Fire Act Grant Funding. The proposed project would be to retrofit automatic sprinkler systems
into existing fire stations.
Item
Retrofit Sprinkler System
Quantity
15,184 sq. ft.
Unit Cost
Total Cost
$3.95 per sq. ft.
$60,000
Project Total:
$60,000
Cost to the City 10% = $6,000
Mr. Percival said for the past several years, the Xenia Fire Division attempted to replace their
SCBA’s through the Department of Homeland Security (DHS), Assistance to Firefighters Grant
program (AFG). However, because the SCBA’s did not go out of compliance one year earlier,
they were unable to apply for that grant. He noted Chief Leaming was available for questions.
to submit an application to the United States Fire Administration for the FY2009 Assistance to
Firefighters Grant Program. Discussion followed.
Councilwoman Felton asked why retrofitting the sprinkler system was not done when Fire
Station #1 was remodeled. Chief Leaming said there was no money in the budget for retrofitting
the sprinkler system. They were fortunate to accomplish what they did with the design build
contract, which was for additional space. Retrofitting the sprinkler system in the entire building
was never included in the plan. Councilwoman Felton said she never remembered discussing the
sprinklers. Chief Leaming said sprinklers probably were not discussed previously because it was
never considered an affordable expense. The $3.95 per sq. ft. estimate would be for the new and
old space and they believe they can accomplish the task. There were a lot of things they could
have/should have done with the previous grant. He would have recommended going back to the
1995 study and relocating stations and building a new one. However, given the City’s current
financial situation, they realize that is not possible. Therefore, he would like to make the
buildings they currently occupy as safe as possible, which is why they chose to apply for this
grant.
Nays: None
motion carried.
Emergency Resolution authorizing the City Manager to submit to the State of Ohio
the FY 2009 Tier Two: Downtown Building and Streetscape Revitalization Preliminary
Threshold Application. Mr. Percival noted a Public Hearing was conducted on February 26,
2009, describing the Comprehensive Downtown Revitalization Program and what they wanted to
do with city funds through the Façade Loan Program. This is an emergency resolution
authorizing him to submit an application to the State of Ohio for up to $400,000 from the FY
2009 Tier Two Grant Program. In the past, they have received some Tier One monies. Some of
those monies were used for the Comprehensive Downtown Revitalization Program. This is the
next step in this process. They will use the Façade Loan Program as a match, as well as some of
the Downtown Streetscape projects. They can also use some of the things they are doing to our
downtown parking lots as a match. No money from the General Fund or other funds will be used
as a match since they are already doing things that will allow them to come up with a match.
The $400,000 is not guaranteed since it is an extremely competitive program, but it will allow
them to take the next step forward and continue to improve the downtown area. Once they
delineate an area, 20% of the property owners must participate. They will have to be very
selective about the area where they want to work in order to ensure they have the participation
necessary to make the program work. This is an attempt to bring more money into the
community to be used in the downtown area. He noted Community Development Director,
Mary Crockett, was available for questions.
SUBMIT A PRELIMINARY THRESHOLD APPLICATION FOR THE TIER TWO:
DOWNTOWN BUILDING AND STREETSCAPE REVITALIZATION GRANT UNDER THE
OHIO SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2009
COMPREHENSIVE DOWNTOWN REVITALIZATION PROGRAM, AND DECLARING IT
TO BE AN EMERGENCY.
Mayor Pennewitt noted the staff report states, “…The City merely needed to designate a local
person to work as a project coordinator.” She asked if that decision had been made, and if so,
who the project coordinator would be. Mr. Percival said that decision has not been formalized.
They hope to work with Greene Giving, the Chamber of Commerce, or another organization to
designate a project coordinator so they will not have to use a city employee in that role.
Ms. Crockett said the State informed the City that having a full-time manager would provide the
City with two additional points on the grant application; however, one third to one half of
communities designated the Assistant City Manager or the Community Development Director
for that role. Most likely she will be the locally designated person. They will make efforts in the
future to try to get help in any way possible to supplement that. It used to be a requirement that
there be a full-time manager. The State is now telling them to not give up if the city does not
have a full-time manager because they recognize all local municipalities are struggling
financially. It is a very competitive grant. The city will lose two points on the grant application
by not hiring a full-time manager.
Councilwoman Mills noted hiring a full-time manager was a stumbling block because of the
city’s hiring freeze. She complimented staff for working with the State to come up with another
way to get around that requirement and still be able to apply for this very important grant. It is
nice to know that staff is trying to find grant monies to complete projects in the downtown area.
According to the staff report, Councilwoman Felton noted the fourth requirement states, “The
State informed the Community Development Department that they could not utilize the CDBG
Downtown Revitalization Program Income funds for the façade loans or wayfinding signage
unless and until all requirements for the Tier Two Comprehensive Downtown Revitalization
Program are met.” She asked why the State is now telling the City it cannot use façade loan
money for improving downtown businesses, even though the money was previously appropriated
for that purpose. She viewed this as blackmail in an attempt to get them to even apply for the
grants, and it does not help downtown businesses. They also budgeted money for parking lot
improvements, which she has yelled about for a long time. The City was recently awarded two
Economic Stimulus grants for streetscape activities, such as new sidewalks and streetlights
between Whiteman and Collier Streets, which is all parking lots. That will really help the
downtown businesses! You can’t find a parking space in the lot at Whiteman and Main Streets.
She did not know who was parking in the lot, but it is not the public. It is not fair for the State to
tie our hands now after all the work done by the Community Development Department. Why
should they do more to get more money if the State is going to tie their hands? Who is running
these programs? Mr. Percival said the Ohio Department of Development is running the program.
Councilwoman Felton asked why the city did not just use the $300,000 in Economic Stimulus
money it received for downtown façade loans and wayfinding. Mr. Percival said they do not
have to apply for Tier Two money, but in order to use that $300,000 Program Income funding
budgeted for façade loan programs and wayfinding, the City must meet the same criteria and
requirements required for a Tier Two grant application and implementation regardless of whether
the City plans to apply for a Tier Two grant or not. Councilwoman Felton said that was because
they made a mistake in the first place and transferred the Façade Loan Program money.
Mr. Percival said the money had to be transferred from housing to downtown revitalization to be
able to use it for the Façade Loan Program. Councilwoman Felton noted Façade Loan Program
money was used to renovate Xenia Shoe and Leather.
Ms. Crockett said program income dollars were given to the city from HUD funds and the city is
the caretaker of those funds. HUD requires that the money be returned if not used. She
understood Councilwoman Felton’s outrage and frustrations. She was frustrated as well when
she was told they could not move forward with the Façade Loan Program. Councilwoman
Felton said they are forcing us into a Tier Two, which she voted against the last time.
Ms. Crockett said the city has to meet all threshold elements of the Tier Two grant in order to
move forward on its downtown Façade Loan Program. They do not have to apply for the
$400,000 through the Tier Two program, but they cannot use the $300,000 in program income
money unless they do. Mr. Percival thought they might as well apply for the $400,000 since they
have to go through all the steps required under the Tier Two program – they might just get it.
Councilwoman Felton said at one point they did not have to apply for the Tier Two program.
She asked if Mr. Percival was telling her the rules were changed. Mr. Percival said he did not
know that.
Councilwoman Felton asked if they planned to hire another consultant for the program, like they
did for the CHIP and CDBG programs. Mr. Percival said they already have a consultant for the
CHIP program. Councilwoman Felton said she knew that. She wanted to know if they planned
to hire another consultant. Ms. Crockett said they will have to hire another consultant to
facilitate the architectural reviews and day-to-day downtown revitalization activities. The State
of Ohio’s downtown manager made that clear when they met. Mr. Percival said the 25%
required for administration will come from CDBG funds, not city funds.
Vice President Miller thought the reason they could not use 25% of the grant locally was because
the State wants them to hire a consultant who is already being paid by the State under the table.
It is just a way for them to get more money. Councilman Louderback reminded Vice President
Miller the meeting was being televised. Vice President Miller said he did not care. Did
Councilman Louderback think that consultant lives in Xenia? The consultant lives in Columbus
and paid off somebody to get on the list so they can get more money from every other small
town that applies for the $400,000, and that consultant is going to get the 25% right off the top.
He stated he would vote in favor of the motion.
Councilman Louderback thanked Ms. Crockett for all her hard work. Everyone knows about his
passion for not only downtown Xenia, but all Xenia businesses. If anyone can get these grants,
he knows Ms. Crockett can.
President Propes said he agreed with some of Councilwoman Felton’s comments. The money
was the city’s money to begin with. It is our taxes dollars that are coming back to us but the
federal and state governments are attaching all these strings. They are making us conform to
what they think is best for us when we can take care of ourselves just fine. It is an erosion of
states’ rights.
Councilwoman Felton noted she attended one of the meetings with the state manager and
Ms. Crockett. The manager got a little ticked at her, but that was alright. She got tired of him
telling her what to do, but she was right.
Councilwoman Felton said she wants to see the downtown buildings and streetscape improved.
She does not want state and federal control – she is sick of that. There has to be a better way to
do it. She realized Ms. Crockett worked very hard on the program, but Ms. Crockett knew she
did not like it from the beginning. They went through getting matching funds for the façade
loans years ago and nobody, except Montgomery Insurance, would take the money they had for
the program. The building owner must apply for the façade loan.
Vice President Miller asked if the Downtown Urban Overlay Area was the targeted area.
Mr. Percival said they would have to carve out a district within the downtown area. They must
have 20% participation by the property owners. They don’t want to make the area so big that
they have 50 buildings and the area becomes so large that the funds are badly diluted. They will
talk to the business owners to see who is interested, and then design the area around those
owners who are interested in order to ensure they have enough participation. Councilwoman
Felton asked what would happen if they don’t get enough participation. Mr. Percival thought
they would have enough participation. Vice President Miller said he would participate if he had
a building in that district.
Councilman Caupp noted there has been pressure placed on the business owners recently to
improve their building facades, which might encourage more interest now than in the past.
Ayes: Miller, Caupp, Louderback, Mills, and Pennewitt
Nays: Felton and Propes
motion carried.
09-K be now passed. No discussion followed. The Roll on this was the following:
motion carried
Emergency Resolution adopting Architectural Standards for Urban Design Overlay
District. Mr. Percival said part of the request to apply for the Tier Two grant requires that
communities demonstrate that architectural design standards, applicable to the downtown/target
area, are in place. This request will allow them to adopt the architectural standards for that
district.
Vice President Miller presented a RESOLUTION ADOPTING THE ARCHITECTURAL
DESIGN STANDARDS FOR THE URBAN DESIGN OVERLAY DISTRICT TO BE USED
WITH
CDBG-FUNDED
DOWNTOWN
REVITALIZATION
PROJECTS
AS
ADMINISTERED BY THE CITY OF XENIA, AND DECLARING IT TO BE AN
EMERGENCY.
Vice President Miller referenced pages 6 and 7 of the Appendix that shows a photograph of a
house on W. Second Street and a close-up picture of the railing on the house. He would like to
replace the railing on his house with the type of railing shown on page 7, but he was denied a
building permit from Greene County because the railing is too short to meet code. Mr. Percival
asked if the railing did not meet Chapter 34 of the Ohio Building Code. Most of the renovations
shown in the Appendix are based on Chapter 34, the alternative building code for historical
areas. Vice President Miller restated he was denied a building permit from Greene County.
Mr. Percival thought Vice President Miller could get a building permit based on the Chapter 34
code because his home is located in the Water Street Historic District. Vice President Miller said
Greene County would not go by the Chapter 34 code because they don’t want to read it.
Mr. Percival said that is a different situation. Vice President Miller said he was stating an
example of a problem residents face in the City of Xenia. Greene County will not read the
Chapter 34 code and abide by it even though it exists and they are supposed to. Mr. Percival said
that would be an issue they can work on with the Greene County Building Inspection
Department. Vice President Miller wished him luck! Mr. Percival thought Chapter 34 of the
code will become more critical as they begin to renovate historic buildings.
Mr. Percival asked Chief Leaming if parts of the Chapter 34 code were used on the building
owned by Tom and Barb Zajbel. Chief Leaming said there was a pre-existing, nonconforming
condition on the Zajbel building and the Greene County Building Inspector did turn to Chapter
34. He attended a meeting with the Department yesterday. Greene County has a new person
who reviews plans; the previous person is no longer there. In his presence yesterday, the new
person reviewed Chapter 34. They have an opportunity to improve the relationship they have
with Greene County and have a better understanding of that section of the code since there is a
new person reviewing the plans. Vice President Miller said he would try again.
Ms. Crockett said one of the new consultant’s responsibilities will be to interpret Chapter 34 to
our property owners and the Greene County Building Inspector. One of the biggest portions of
this grant that she is looking forward to is to broach the new territory and educate ourselves and
Greene County. Vice President Miller said he would like to replace the railing on his house with
the historical banister shown in an early 1900’s picture he has of his home.
Councilwoman Felton asked why the Emergency Resolution adopting Architectural Standards
for Urban Design Overlay District was not discussed with the Planning and Zoning Commission
that she chairs. The Commission will have to approve a Certificate of Appropriateness.
Mr. Percival said all historical building renovations will have to come to XPZC for a
Certification of Appropriateness. Councilwoman Felton asked why the property owner would
bother with XPZC once Council approves the emergency resolution. She did not disagree with
what was presented, she is just noting that staff is skipping a step.
Ms. Crockett said she worked closely with City Planner Nimfa Simpson to develop the
architectural standards for the Urban Design Overlay District, but there was not much time.
They also made it clear that it was similar to the Façade Loan guidelines specific only to those
dollars that would be coming through this program. These standards would only be through their
CDBG funds; they are not overall standards for the rest of the city. She welcomed more
conversation and education for everyone, including the Planning and Zoning Commission. It
was strictly an expediency issue since the grant application is due May 22, 2009.
Councilwoman Felton noted the agenda report states City Council approved a resolution to
transfer funds into the CDBG Downtown Revitalization Program Income Loan Fund on
February 12, 2009, for the implementation of downtown projects including the Façade Loan
Program and the Wayfinding Signage Program; it is now May. It should have gone to XPZC,
per the ordinance. There are too many emergencies and everything is being rushed, which is not
the way to run business. How many pages of the Economic Stimulus package were not read?
Council does not want to be accused of doing that. She reads the paperwork. Her issue is not
whether Ms. Crockett works hard. Ms. Crockett said she understood that was not the issue.
Mr. Percival said until three weeks ago, staff did not realize they were eligible to apply for Tier
Two money. Councilwoman Felton said staff should have asked her to schedule an emergency
Planning and Zoning Commission meeting, which is happening next week on another issue.
However, staff did not ask.
Councilman Caupp said he agreed with Councilwoman Felton. Everything should go through
the proper process. After looking at the designs shown in the Appendix, he thought it was fairly
safe to say the designs follow the historic architectural designs of the buildings shown. He felt
XPZC could review them. President Propes said it would give the Architectural Review Board a
place to start. Councilwoman Felton noted Councilman Caupp set up the Architectural Review
Board. All this relates to that; the ordinances overlap. To do one without the other is not
following that process. Mr. Percival said all that would come back to XPZC because none of the
changes can be done without a Certificate of Appropriateness from that Commission.
Councilwoman Felton said her problem is that Council overrides a recommending body.
Mr. Percival said without a Certificate of Appropriateness, the property owner cannot get a
building permit to work on any building in the downtown area. Councilwoman Felton said
XPZC may approve it; however, what will happen if they do not. It is a matter of cooperation,
courtesy, and informing people that are spending their time doing the work. She did not think it
was right that that was not done.
Ms. Crockett agreed it is a two-step process. They will find out in July if the first step was
accepted. They may or may not be invited to apply for the last threshold items dealing with the
leverage of the businesses, etc. Over the next six months, she committed to speak with the City
Planner and Councilwoman Felton. She apologized, but staff had to jump over some things to
try to make this happen. Councilwoman Felton said that was not communicated to her or the
Planning and Zoning Commission. If Ms. Crockett would have explained the situation, she
would not be objecting tonight. She objected to the emergency resolution being on the agenda
tonight without first having communication with her.
Ms. Crockett acknowledged
Councilwoman Felton’s objection and apologized. She committed to work with Councilwoman
Felton this summer.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Louderback, that Resolution Number
09-L be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Emergency Resolution for adoption of 2008 Downtown Strategic Plan. Mr. Percival
noted City Council approved the funding for a Downtown Strategic Plan in 2007. That final plan
was presented by consultants Kinzelman, Kline, and Gossman (KKG) at a work session of City
Council on February 28, 2008, but was not formally adopted by resolution at that time. Formally
adopting the Downtown Strategic Plan is a threshold requirement for any city wishing to take
part in the State of Ohio’s Downtown Comprehensive Revitalization Assistance programs. He
therefore requested that Council waive the reading of a resolution at two consecutive meetings
and pass as an emergency a Resolution adopting the City of Xenia Downtown Strategic Plan
with downtown market analysis as presented to Council at a special work session on
February 22, 2008.
Vice President Miller presented a RESOLUTION ADOPTING THE CITY OF XENIA
DOWNTOWN STRATEGIC PLAN INCLUDING A DOWNTOWN MARKET ANALYSIS
COMPLETED JANUARY 2008 BY CONSULTANTS KINZELMAN, KLINE AND
GOSSMAN, AND DECLARING IT TO BE AN EMERGENCY.
placed at once upon its passage. Brief comment followed. Councilwoman Mills shared that she
brought a copy of the plan submitted on February 28, 2008, if Council would like to review it.
Implementation of the plan would result in a more beautiful downtown Xenia. The Roll on this
was the following:
Nays: Felton
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 09-M
Nays: Felton
motion carried.
Items for the City Manager: Councilman Louderback asked for an update on the
timing of the new traffic signals. Mr. Percival said he spoke with City Engineer Chris Berger
today. Representatives from Perram Electric were in Xenia today readjusting the timing.
Mr. Berger has a meeting with the contractor tomorrow morning at 8 a.m. to review the current
setup. They want to allow the lights to cycle [with the adjustments] for a few weeks. He asked
Councilman Caupp to forward the concerns he received from citizens to Mr. Berger or him so
adjustments can be made. Perram representatives stated they will work with staff to correctly
adjust the lights. Perram spent significant time working on the Rockwell Drive signal. The
signal at Orange Street was damaged by lightning. He said Perram representatives will look at
the signals tomorrow morning and be back in Xenia after two weeks to make more adjustments
and return until the signals are correctly timed. The contractor has completed the concrete and
seeding work.
Vice President Miller said there are major cracks in some sections of the sidewalks on
W. Second Street and W. Third Street, which he believes was/is bonded. He shared that with the
previous City Engineer but did not know if it was too late now. One curb that was hit by a truck
has deteriorated significantly. There is also major cracking at the corners of S. Galloway/
W. Second Street and S. Galloway/W. Third Street. Mr. Percival said he would check into it.
Vice President Miller said there is a bad sensor in the ornamental light located on the south side
of W. Second and S. Galloway Streets. The light almost blinks. A truck with a higher lift can
almost turn the light off every time it passes. Within five or ten minutes the light flickers back
on. Mr. Percival noted Connie Wilcox from DPL Energy Resources was present in the audience.
Councilwoman Felton said she received the report concerning the number of permits issued by
the Greene County Building Inspection in April 2009. It peaked her interest to see the number of
permits that were issued but still outstanding because there were no final inspections done.
Some years ago, she asked the former Community Development Director for a similar report. At
that time, there were over 1,000 outstanding permits. Mr. Percival said he would request a copy
of the report. Councilwoman Felton said if Greene County does not know how to do it, they
could ask the Code Enforcement Office, Liz Duteil. Mr. Percival asked if Councilwoman Felton
wanted to know the number of outstanding building permits or zoning permits. Councilwoman
Felton said she wanted a report on all outstanding permits. The ordinance states the work must
be done within two years, but some of the work has not been completed within that timeframe.
If a furnace or water heater is installed without a permit, the homeowner may have trouble with
their insurance coverage if they have a fire, etc. It is imperative that someone follows up on the
permits. The contractor is supposed to do that but they do not always do it.
Councilwoman Felton said she was so sick and tired of seeing grass in the gutters. She noticed
that the gutters on Church Street were full of grass. She no longer calls Ms. Duteil because the
problem is all over town. Some residents are too lazy to clean up the grass their lawnmowers
throw in the gutters.
Schedule of Bills: Mr. Bazelak presented payment of bills in the revised amount of
$431,362.13. The difference was due to a pre-pay of the property insurance that Council
authorized him to pay at the last meeting.
Motion by Councilwoman Mills, seconded by Vice President Miller, to approve payment of bills
Councilman Louderback noted numerous pages of the Schedule of Bills show staff purchased
items from vendors outside the City of Xenia. He strongly urged staff to buy within the city. In
yesterday’s Xenia Gazette, there was an article about Greene County Children Services joining
Beavercreek in their “Buy Beavercreek” campaign. What a novel idea. Since he was elected last
January, he has been preaching to “Buy Xenia.” He would hope that Greene County offices also
purchase items from Xenia businesses. Xenia is the Greene County seat and most county offices
are located in Xenia. He is not against the “Buy Beavercreek” campaign but strongly
encouraged them to buy Xenia and to buy American.
Nays: Louderback
motion carried.
understood the Legacy Center was granted a permit to build bleachers for the baseball field that
would seat 400. The Athletes in Action facility is a great facility.
Councilman Caupp noted Xenia Citywide Cheerleading is having a Community Fun Night
fundraising event this Saturday and Sunday at Bob Evans in Xenia from 6 a.m. until 10 p.m. The
cheerleaders will earn 15% of sales when patrons present a flyer. All the girls are elementary
school age. They are trying to locate a new building to rent for their practices. Renting a
building is very expensive every month. Their competitions and uniforms are also very
expensive. They have multiple fundraisers to try to offset those expenses. He encouraged
everyone to grab a coupon he placed on the counter in the City Council Chambers. You can also
get a coupon from the cheerleaders.
Vice President Miller noted St. Brigid is having their annual Community Festival this weekend
beginning Friday evening and ending Sunday night. On Sunday, you can ride all day with a
band, and there are a number of rides for children. All the church volunteers make homemade
food. All the food in the Italian booth is made fresh daily. There are also many other booths
with foods from around the world. He encouraged Xenia residents to support all the community
festivals. Fairground Road will be closed Saturday morning during the K5 race. Warmer
weather is here, and he asked drivers to watch out for children on bikes.
Councilwoman Mills said she attended the Athletes in Action “Night of Champions” event on
May 7th. This year’s inductees were 1976 Gold Medalist wrestler, John Peterson and Ruth Riley,
the WNBA 2004 Olympic Gold Medalist for the USA Basketball team. It was an outstanding
program. She welcomed Walgreens and thanked them for the coffee mug they gave her during
the ribbon cutting ceremony. She invited everyone who would like to see downtown Xenia
flourish and look beautiful to come to Join Hands Day on June 6th. Volunteers will plant flowers
in the large pots in downtown Xenia. She will share more details about the event at the May 28th
XCC meeting.
Councilwoman Felton had nothing further to share.
President Propes noted maternity services will no longer be offered at Greene Memorial
Hospital. Council was often told that GMH would still maintain a strong presence in Xenia. He
believes this is just the beginning of the erosion of services at the Xenia location. He thought
more services would be moved to GMH’s Beavercreek location, even though GMH keeps saying
that will not happen. He sees better than he hears. He encouraged citizens to call GMH to voice
their opinion on the erosion of services in Xenia.
Mayor Pennewitt said she would give the Mayor’s Monthly Report at the next meeting. She
noted she attended 30 activities in April. She is concerned about rumors she heard about the
responsibilities of the Mayor. The City of Xenia operates much differently than most Mayors in
other cities. She operates under the City of Xenia Charter, which states the Mayor is a member
of City Council and shares those responsibilities. However, the Mayor should also attend
functions that promote the City of Xenia, which is what she does. She attends ribbon cutting
ceremonies, presents proclamations, and many other things, which are her responsibility as
Mayor of the City of Xenia. She really hopes there is no distortion of what her responsibilities
are as Mayor. If citizens have questions regarding her position as Mayor, please do not hesitate
to call her. She cares about all the citizens of Xenia in all areas of the City of Xenia. She will
vote for what is best for the citizens, based on the information she has.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
May 28, 2009
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on May 28, 2009, at 6:30 p.m., in the First
John Caupp, Dale Louderback, Jeanne Mills, Phyllis A. Pennewitt, and Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Councilman Louderback, to meet in Executive
following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
R. Miller, John Caupp, Dale Louderback, Jeanne Mills, Phyllis A. Pennewitt, and Dennis R.
Propes.
INVOCATION: Sarah Neer, Emmanuel Baptist Church, gave the invocation after which all
Motion by Mayor Pennewitt, seconded by Vice President Miller, to excuse Councilwoman
Felton from the meeting. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
to approve the May 14, 2009, Special and Regular Session minutes as written. No discussion
Nays: None
motion carried.
XCC Executive/Regular Session Meeting Minutes, 05-28-09, Page 2
Mayors & Managers: Mayor Pennewitt asked Mr. Percival to give the report.
Mr. Percival said he and Mayor Pennewitt attended the May meeting held at the Engineer’s Club
in Dayton. The program dealt with how the City of Dayton and Montgomery County is dealing
with their homelessness situation, and their efforts to address that issue. They discussed both
their successes and challenges surrounding homelessness. The Mayors & Managers will not
meet again until September.
met on May 7th and took the following actions:
•
•
•
Adopted the MVRPC Fiscal Year 2010 Budget.
Endorsed the two-year research project, “Going Places,” which is an integrated Land Use Survey.
The land use in Greene County has drastically shifted from agricultural (-4%), industrial (-10%),
commercial (+85%), and residential (30%). Montgomery County’s shift to commercial was
161%. They said future jobs will be in health care, high tech, and at WPAFB.
Endorsed the new Freedom Program, which enhances transportation services and coordination
between transit agencies and human service agencies in the Greater Dayton Region and increases
transportation options for people with disabilities. People with disabilities in Greene County has
risen 28%. The projects that affect Greene County are four projects for Greene CATS.
met on May 12th and discussed the following:
•
•
•
•
Banner Program: The Board hopes to finalize plans for the program and choose banners at the
June meeting. The goal is to have banners displayed by this fall.
Beautification Awards: These awards are given throughout the months of June through October.
They would like everyone to be involved in nominating someone who made an effort to make
their yard stand out. We have a beautiful city and the Board would like to nominate those people
who show they are proud of where they live. Nominations forms are available at City Hall at the
front desk, by the Utility Department, and at the City Service Center. The only information
needed to nominate someone is their address.
Volunteer Day will be held on Saturday, June 6th from 9 a.m. until 1 p.m. Volunteers are asked to
meet outside City Hall to plant flowers in downtown Xenia.
Youth Fishing Derby will be held at Shawnee Park on Saturday, June 13th from 8:30 a.m. until
noon. Children ages 3 to 15 are encouraged to participate.
The next BRACA meeting is scheduled for June 9th. Ms. Crockett will attend to answer BRACA’s
questions on grants and to discuss ideas on how the Board can move forward.
Planning and Zoning Commission: Councilman Caupp noted Councilwoman Felton
was not present to give the report; however, he attended the XPZC meeting on May 21st. The
applicant was there to discuss the proposed expansion of All Sports Bar and Grille to allow for
outdoor seating in the existing Xenia Towne Square Plaza. The plan was voted on with only
three members present. The XPZC is an extremely important Board. He felt it was a disservice
to the applicant when only three voting members are present. He hopes in the future that a full
Commission is present to vote to be fair to the applicant.
Municipal Court:
Emergency Appropriation Ordinance for Xenia Municipal Court Capital
Improvement Fund for unbudgeted items: i.e., Document Image Scanners, Digital
Surveillance Equipment, replacement PC’s & printers, etc. Mr. Creamer said one of the
goals of the Xenia Municipal Court is to become an electronic court. When creating the 2009
capital budget for line item 363-1002-55304, he did not take into account the faster than
anticipated acceptance of the document imaging process by XMC Departments. They have now
expanded from Traffic/Criminal into Civil and anticipate adding Probation before the end of the
year. Most of the original budget was used for the purchase of additional document scanners and
the Courtroom Media Project, thus leaving insufficient funds for annual PC and printer
replacements, as well as a new project recently requested and approved by Judge Murry – the
replacement of XMC’s old and insufficient digital security and recording system. The new
system will replace old cameras and add additional cameras in the courtroom and the holding
room, which currently have no audio or video, provide digital recording, and allow PC access for
greater enhanced security. It will continue to loop through the XPD Security system as it
currently does. All technological purchases and decisions will be collaborated with the City’s IT
Department to determine the best prices and implementation.
Mr. Creamer respectfully requested that Council waive the second reading of an ordinance at two
consecutive meetings and pass as an emergency an Ordinance to appropriate $51,000 in fund
363-1002-55304 for the purchase and installation of replacement PC’s and printers, a Digital
Surveillance System, and other miscellaneous technological enhancements for the Xenia
Municipal Court. As of April 30, 2009, the XMC fund has in excess of $502,000.
Mayor Pennewitt asked why it was such an immediate need and if the XMC could possibly wait
until 2010 to complete the project. Mr. Creamer said they purchased additional scanners because
of the way the clerks responded. Having scanners at every desk seemed appropriate and more
efficient. The Civil Department staff already has scanners available for the June integration.
Councilwoman Mills noted the project will be funded through the XMC funds and not the City’s
General Capital Budget. The money is set aside for the discretion of the XMC. Mr. Creamer
said the line item is to be used for the technological needs of the XMC.
President Propes asked why Judge Murry had to order City Council to take this action.
Mr. Creamer said that verbiage [via the Court Order] was included due to his inexperience.
When XMC makes a transfer, the Finance Committee likes to have an order from the Court. The
order was dated prior to preparation of the agenda report, and the verbiage was included because
he thought it was necessary for the Finance Committee. They told him the transfer of funds
would need to come before Council. He then prepared the agenda item report for Council. He
did not need to include the Judgment Entry, but he did so because it was part of the entire
paperwork process. It was certainly not an attempt to make a point to Council in any way.
Councilman Louderback said that was going to be his point exactly. He did not like seeing the
Judgment Entry. He does not like being held hostage to anybody and will vote “nay” on this
issue.
Mr. Lewis thought the Judgment Entry was Judge Murry’s way of authorizing the money to be
transferred from one court fund to another. It is probably a matter of semantics as opposed to
telling someone else what to do. Councilman Louderback asked if this has ever happened
before. Mr. Lewis said no, but they have never had Judge Murry before. Judge Murry is new
and learning the system. To his knowledge, this is the first time the XMC has come to Council
to ask for a transfer of funds. Mr. Bazelak said normally Capital Improvement Fund approvals
have to come before Council. However, the Xenia Municipal Court has discretion over their
Capital Improvement Fund and the ability to transfer funds through a court order. The court
order is then provided to the Finance Department, which gives staff the authority from Judge
Murry to deal with the auditors who may ask why the money was transferred from one Capital
Improvement line to another. The difference in this case is that XMC is asking for additional
dollars, which Council decides, rather than it being a motion to transfer money between line
items. Normally, only the Finance Department staff sees the Judgment Entry. Unfortunately, he
did not remove the Judgment Entry from the agenda report, which is why Council is seeing it for
the first time.
Vice President Miller presented an ORDINANCE AMENDING ORDINANCE 09-13 TO
CITY OF XENIA, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009,
Ayes: Miller, Caupp, Mills, Pennewitt, and Propes
Nays: Louderback
motion carried.
Ayes: Miller, Caupp, Mills, Pennewitt, and Propes
Nays: Louderback
motion carried.
City Manager’s Office: Mr. Percival announced the first “Music in the Park” event at
Shawnee Park will be held on Sunday, June 7th. The Parks and Recreation Department Director,
Michelle Fisher, will post the remaining events on the City’s website by the first of next week.
The Summer Park Program begins on June 22 nd.
Introduction of an Ordinance to waive competitive bidding and authorize the City
Manager to enter into a contract for the purchase of Life Pack 15 Cardiac Monitors.
Mr. Percival said the Xenia Fire Division currently uses five (5) Physio Control Life Pack 12
cardiac monitors. Approximately every five years, they replace the two oldest monitors with
new/updated monitors, which ensures they have the newest technology available for their two
front line medic units. Their reserve medic unit and engines will carry the older Life Pack 12
monitors that are currently in front line service. As a part of the quote, the two (2) oldest cardiac
monitors will be traded in for a credit of $7,000. The request to waive competitive bidding for
the Life Pack 15 cardiac monitors is based on the current agreement with Physio Control for
equipment, supplies, maintenance, and training for XFD. Using a vendor other than Physio
Control would require them to train their personnel on two different brands of monitors as well
as have maintenance and supply contracts with two vendors.
Mr. Percival respectfully requested that Council introduce an ordinance waiving competitive
bidding and authorize him to execute a purchase order to Physio Control for the purchase of two
(2) Life Pack 15 cardiac monitors for the Fire Division for $48,825.19.
Councilman Louderback introduced an ORDINANCE WAIVING COMPETITIVE BIDDING
AND AUTHORIZING THE CITY MANAGER TO PURCHASE TWO (2) LIFE PACK 15
CARDIAC MONITORS FROM PHYSIO CONTROL FOR THE XENIA FIRE DIVISION, and
it was read for the first time.
Vice President Miller asked if the ordinance needed to be passed as an emergency. Stephen
Pegram, Deputy Fire Chief, said that was not necessary.
Introduction of a Resolution for the City Manager to grant an easement to the
Dayton Power & Light Company for the purpose of relocating its existing transmission
pole lines for improved access and maintenance. Mr. Percival said the Engineering staff
received a request to grant an easement to the Dayton Power & Light Company to enable it to
relocate and erect existing transmission pole lines. The purpose for relocating its transmission
pole lines is to facilitate access and maintenance on the poles now and in the future.
Mr. Percival respectfully requested that Council introduce a Resolution for the City Manager to
grant an easement to the Dayton Power & Light Company for the purpose of relocating its
existing transmission pole lines along the Creekside Trail bike path, immediately east of
Hawkins Road, for improved access and maintenance.
Vice President Miller introduced a RESOLUTION AUTHORIZING THE CITY MANAGER
TO GRANT AN EASEMENT TO THE DAYTON POWER & LIGHT COMPANY FOR THE
PURPOSE OF RELOCATING EXISTING TRANSMISSION POLE LINES ALONG THE
CREEKSIDE TRAIL BIKEPATH, IMMEDIATELY EAST OF HAWKINS ROAD, FOR
IMPROVED ACCESS AND MAINTENANCE, and it was read for the first time.
President Propes asked if the transmission poles would be moved onto the bike path and if
DP & L would be responsible if the bike path is damaged. Mr. Berger said the poles would be
relocated and DP & L would be responsible if the bike path is damaged.
Vice President Miller asked where the transmission pole lines would be located. Mr. Berger said
the transmission pole lines would be located along the Creekside Trail bike path immediately
east of Hawkins Road. The easement would encompass two (2) parcels owned by the City of
Xenia, one inside its corporation limits, the other inside Xenia Township.
Vice President Miller asked if it would be possible for DP & L to remove some pole lines at
West Side Park that are in the wrong location. Mr. Berger said he would ask DP & L, but he was
not sure that work would be included as part of this project. Mr. Percival asked if Vice President
Miller was referring to poles at Patterson Park (the old softball field). Vice President Miller said
he always referred to it as West Side Park. Mr. Percival said they previously discussed removing
those poles. Mr. Berger said he would work with the City Manager and provide an update.
Emergency Appropriation Ordinance and Emergency Ordinance to waive
competitive bidding for Vacuum Truck Compressor Repair. Mr. Percival said the vacuum
compressor on the 2003 Vac-Con sewer maintenance truck failed due to internal rust and wear.
As a result, this important piece of equipment is out of service. This truck is critical in the daily
cleaning and maintenance of the sewer collection system. This repair was not anticipated when
the 2009 budget was prepared. An additional appropriation of $15,600 from the Sewer
Maintenance Fund will be needed to purchase the rebuilt compressor, including freight charges
and painting. Due to the critical nature of this repair, staff is asking that the item be approved as
an emergency so the unit can be put back into service as quickly as possible. A replacement part
can be purchased from the Sewer Maintenance Fund and installed by the City Garage. Best
Equipment Company of Indianapolis, Indiana, is the sole source provider of parts for this truck
and has submitted a quote for both a new and a rebuilt vacuum compressor.
Rebuilt compressor:
New compressor:
Estimated freight:
Paint
$14,606.85
$17,397.73
$ 500.00
$ 350.00
Mr. Percival respectfully requested that Council entertain the following motions:
Motion 1: Waive the second reading and approve as an emergency an ordinance for a supplemental
appropriation in the amount of $15,600 from the Sewer Maintenance Fund, account 612-1332-54268, to
purchase a rebuilt vacuum compressor for the VAC-CON Sewer Maintenance Truck.
Motion 2: Waive the requirement for competitive bidding and approve as an emergency an ordinance
authorizing the purchase of the rebuilt vacuum compressor (including freight and painting) for the VACCON Sewer Maintenance Truck from Best Equipment Company in an amount not to exceed $15,600.
AND DECLARING AN EMERGENCY.
Councilman Caupp noted the difference between the cost for a new compressor and a rebuilt
compressor is $3,200. The current unit is only six years old. He asked if there were warranties
on both the rebuilt and new compressors. Mr. Merriman said the warranty is the same for both.
Staff has utilized a rebuilt compressor in the past and had a good experience. There is not a huge
cost savings but enough to make a difference. Given the hours and mileage on the vehicle, by
the time the old compressor runs out, it will probably be due for a complete replacement anyway.
Staff felt it was better option to purchase the rebuilt compressor since it is less expensive.
Mayor Pennewitt said she understood this was a necessary purchase, but she was concerned how
the city’s budget would handle expenditures that are not allocated in the 2009 budget.
Specifically, how the Sewer Maintenance Fund budget would cover expenses that are not
allocated in the budget. Mr. Percival said the appropriation would be made from the Sewer
Maintenance Fund, which is not part of the General or Key Operating Funds. There is money
available in the Sewer Maintenance Fund to cover the expense. Mayor Pennewitt noted the
agenda report states there was no money allocated for this expenditure. Mr. Percival said money
was not appropriated for this specific purchase, but there is money in the Sewer Maintenance
Fund.
Councilwoman Mills clarified the Sewer Maintenance Fund can only be used for sewer specific
expenditures and no money would be spent from the Capital Improvement Fund. Mr. Percival
said that was correct.
Nays: None
motion carried.
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE AUTHORIZING THE PURCHASE OF A
REPLACEMENT VACUUM COMPRESSOR UNIT FOR THE VAC-CON SEWER
MAINTENANCE TRUCK WITHOUT FORMAL COMPETITIVE BIDDING, AND
Councilman Caupp thought staff was asking Council to waive competitive bidding a lot lately.
He asked if the item had a sole source provider, or why staff was not doing competitive bids.
Mr. Percival said there were two reasons: (1) Best Equipment Company is the sole source
provider of parts for this truck; and (2) the vendor can provide the compressor quicker. If they
went through the competitive bidding process, it would take another 45 days, and they need to
get the truck back in service.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, that Ordinance Number
Nays: None
motion carried.
Emergency Ordinance to waive competitive bidding and purchase a Blower for the
Landfill Flare System. Mr. Percival asked Jason Tincu, Utilities Manager, to present the item
since he does all of the work associated with the Landfill System. Gas migration and getting rid
of the methane gas is critical to the operation of that system.
Mr. Tincu said an explosive gas-monitoring program was implemented to monitor and control
explosive gas concentrations in the unsaturated soil underlying the City’s closed municipal
landfill. The explosive gas collection/flare system was installed in the central portion of the
landfill property. The collection and burning of landfill gas reduces emissions of organic
compounds that would otherwise be released from the landfill. Landfill gas is comprised of 20
to 50% methane gas with the remaining mostly carbon dioxide. Because of the natural process
of bacterial decomposition of organic material contained in landfills, methane gas is created.
Several factors influence the quantity and quality of gas that a landfill generates. The important
factors determining the components of this gas include the type of the waste buried in the landfill
and the length of time it has been buried, the types of organic compounds in the waste, and
surrounding climate. Both temperature and moisture level influence quantity and quality of the
methane gas.
The final closure plan of the City’s Landfill was completed in 1994. The current flare system
blower and motor assembly is currently over 11 years old, has over 26,000 hours of run time, and
has shown signs of failure including seal and bearing failure and impeller wear and deterioration.
Staff is concerned about catastrophic failure of the system, which could pose a significant health
and safety risk and force staff to rent a portable flare system while the existing unit is repaired.
Rental fees for such portable systems are estimated at $3,500 to $5,000 per month. The normal
life of landfills is 30 years for gas migration to gas generation. Staff is recommending replacing
the existing blower and motor assembly with a direct replacement or a Hoffman 4202A. Once
the new assembly is installed, staff plans to repair the old assembly through the manufacturer and
retain the rehabilitated unit for any future contingencies. He noted:
1)
2)
3)
4)
Staff negotiated a 5% discount on the blower and motor assembly.
City staff will perform the installation, which will save over $5,000 in installation costs.
Gardner Denver Inc. is the sole manufacturer of Hoffman blower and motor assemblies.
Staff is continuing to evaluate landfill recovery and reuse options as a participant in the U.S.
EPA’s Landfill Methane Outreach Program. A preliminary study/model with potential reuse
options for heating of the Public Service Center was recently received, but no detailed
assessment has been completed. He will speak with the City Manager about possibly
entering into an agreement with an engineering firm to do a detailed design study to
determine if it will be a feasible project.
President Propes said Mr. Tincu answered his question about methane gas recovery. Mr. Tincu
reiterated they are evaluating recovery and reuse options, and they are a member of the U.S.
EPA’s Landfill Methane Outreach Program.
Mr. Tincu respectfully requested that Council waive the second reading and pass as an
emergency an ordinance to waive competitive bidding for the purchase of a Landfill Flare
System from Gardner Denver, Inc. and issue purchase order in an amount not to exceed
$17,153.00 to Gardner Denver, Inc.
Vice President Miller presented an ORDINANCE AUTHORIZING THE PURCHASE OF A
LANDFILL FLARE SYSTEM BLOWER AND MOTOR ASSEMBLY WITHOUT FORMAL
COMPETITIVE BIDDING FROM GARDNER DENVER, INC., AND DECLARING IT TO
BE AN EMERGENCY.
Councilman Caupp noted the agenda report states, “The current flare system blower and motor
assembly is currently over 11 years old, has over 26,000 hours of run time, and has shown signs
of failure including seal and bearing failure and impeller wear and deterioration.” The quote
from Gardner Denver states, “The following unit is a duplicate to your existing machine.” Staff
is recommending replacing the unit because the bearings went bad after 26,000 hours of use, yet
one of the features is 100,000-hour bearings. They only got 26% use out of 100,000-hour
bearings, which is one of the reasons the unit needs to be replaced. Mr. Tincu said the new
system employs new technology, and it will have sealed bearings; the current model uses grease
fitted bearings. This is a completely redesigned housing and bearing unit, which is why they will
get 100,000 hours of use. Councilman Caupp asked if the bearings could be repaired rather than
purchasing a complete replacement. Mr. Tincu said the impeller has to be completely modified
and rebalanced. It would take eight to ten weeks on a rush order to take the current unit off the
system and send it back to Gardner Denver for repairs. He did not think it was in the city’s best
interest to pay $7,000 to $10,000 for a rental unit while the other unit is being rebuilt.
Councilman Caupp asked how much the rebuild costs would be. Mr. Tincu said it would cost
$5,500 to rebuild the unit. Staff plans to repair the old assembly through the manufacturer and
retain the rehabilitated unit for any future contingencies.
Councilman Caupp noted Gardner Denver’s quote states, “No freight cost is included at this
time.” He asked if the cost of freight would be included later. Mr. Tincu said he would check
with Gardner Denver when the unit is ordered. They might be able to streamline the delivery of
the new unit and pick up of the old unit at the same time.
Ayes: Miller, Louderback, Mills, Pennewitt, and Propes
Nays: Caupp
motion carried.
Ayes: Miller, Louderback, Mills, Pennewitt, and Propes
Nays: Caupp
motion carried.
Two (2) Emergency Ordinances to appropriate funds and waive competitive bidding
for the Installation of an Emergency Generator and Fuel System for the Water Treatment
Plant. Mr. Percival noted Council approved the purchase of an emergency generator (March 12)
and purchase of a bulk fuel tank (May 14) this year. While evaluating the generator installation
scope, coordinating the project variables, and polling various contractors for the Request for
Proposal process, it became evident that this was a unique project that spread across multiple
entities (electrical, mechanical, rigging, engineering, permitting, fuel system professionals, etc.).
A qualified general contractor with a diverse set of sub-contractors was needed to complete the
project. Considering the aggressive timetable and the lack of interested parties to serve as a
general contractor, staff is recommending to waive the competitive bidding process and move
forward with a contract to Chapel Electric. He asked Mr. Tincu to proceed with his PowerPoint
presentation which explains why moving forward with this project is so critical to the Water
Treatment Plant.
Mr. Tincu said at the end of this project, he would like to report back to City Council on how the
project went and the lessons learned. He introduced David Roark, Vice President of Chapel
Electric, which is the company staff is recommending for the project. Mr. Roark volunteered to
attend the meeting in support of the project and their pricing and involvement in the project.
City of Xenia ‐ Water Treatment Plant Generator and Fuel System Installation Project Session Goals and Objectives • To review the details, scope and variables related to the Water Treatment Plant Generator and Fuel System Installation Project. • To request the appropriation of funds and execution of a contract to complete the project. Project Drivers • Failure of the existing Emergency Generator • Age, condition, and noncompliance of the Bulk Fuel Tank. All parties involved, including the EPA, wondered why the City was investing $225,000 in a new generator with a 30‐year old bulk fuel tank that does not meet today’s standards and codes. The bulk fuel tank sits on top of our groundwater aquifer. If there was a puncture or failure of the system, the entire groundwater aquifer could be polluted. Staff felt it was in their best interest to look into the entire scope of the project. The fuel tower was cited for non‐compliance for secondary containment on the 2008 EPA Sanitary Survey at the WTP.
• The City’s responsibility to secure uninterrupted water service XCC Executive/Regular Session Meeting Minutes, 05-28-09, Page 11
Picture of the existing 1980’s generator Action Steps to Date • Contract execution and installation of a rental emergency generator (February 2009 with retroactive approval by Council on March 12, 2009) • Purchase request of replacement Emergency Generator (approved on March 12, 2009) • Purchase request of Bulk Fuel Tank and Appurtenances (approved on May 14, 2009) Scope Development • Research and definition of project scope, requirements, and related variables • Project planning and schedule including milestones (i.e. bidding/contractor selection, permitting, product procurement, etc.) • Involvement of a host of references and entities At first glance … • Installation seemed clear cut • New generator installed in the exact location with new building leads and day tank • Complete the installation swiftly to mitigate ongoing rental fees • Initial cost projections for installation @ $30,000‐$45,000 (minor engineering, rigging, electrical) Old Unit Basic Generator Installation New Unit After further research and evaluation … • Assessments completed by City staff, engineers, electrical contractors, and the Ohio EPA XCC Executive/Regular Session Meeting Minutes, 05-28-09, Page 12
•
•
•
Major deficiencies within supporting systems were identified as well as required permitting. Separate from the Greene County’s electrical, structural, and flood plain, nothing can be done with fuel oil (especially over top of a groundwater aquifer) without having a State Fire Marshall permit and possibly a Permit to Install (PTI) through the Ohio EPA. Forced staff to reassess the scope, schedule, and installation plan All these variables came into play while the generator delivery date was moved up 4 weeks (week of June 22). Early delivery by Ohio CAT will save the City $7,000 in monthly rental fees. Major Hurdles • Age, deterioration and secondary containment of Bulk Fuel System • Generator Building separation and deterioration. The structure where the existing generator is housed has settled resulting in building deterioration and the curtain of the building pulling away from the supporting wall. He could not support putting a $225,000 piece of equipment on a foundation that is deteriorating, which added another piece to the project (repairing the foundation and anchoring the generator foundation and wall to the western wall of the Water Treatment Plant) • Applicable codes, standards, and required permitting • Accelerated timetable and potential delays in permitting Bulk Fuel System • Demo and staging of existing tank (8,000 gallons) and supply appurtenances • New 3,000 gallon bulk tank and appurtenances purchased • Requires new pad with secondary containment, remote filling station, and fencing with bollards. Because the WTP is not a secured, protected area due to the shared driveway, they need to have bollards and fencing to protect the fuel supply. • New fuel lines and system control wiring from bulk tank to generator Bulk Fuel System (old and new) XCC Executive/Regular Session Meeting Minutes, 05-28-09, Page 13
Close up view of new Bulk Fuel System Generator Building Rehabilitation • Existing foundation settling and deteriorating (i.e. 20‐foot crack up to 1‐inch wide) • Forcing extensive pulling force on Water Treatment Plant western wall • Rehab to include foundation and wall stabilization through anchoring system (50‐year warranty on system) • Install new generator, building leads, day tank, controls exhaust system, and fencing Generator Building Rehabilitation Codes, Standards, and Permitting • State Fire Marshall permitting – Removal of existing bulk fuel tank – Installation of new bulk fuel system (tank/lines/controls) XCC Executive/Regular Session Meeting Minutes, 05-28-09, Page 14
Waiver for abandonment of boiler feed lines. Currently the 8,000‐gallon tank also feeds the boiler that heats the building. Staff is recommending terminating those feeds and going to straight propane feeds for the boiler. Greene County – Electrical – Floodplain – Structural Ohio EPA – Permit to Install (yet to be determined) –
•
•
Where to go from here? • Staff planned to develop a detailed Request for Proposal, but … – Staff received limited response and commitment from general contractors with the capacity to handle the full project scope under the aggressive timetable. Chapel Electric Company • Performed the installation and integration of the rental generator unit at the WTP • Involved in the development of the project evaluation and scope development • Able and committed to managing all associated work as well as the aggressive project schedule • Local, comparable references were checked with good results Chapel Electric Proposal • Willing to work at cost plus 10% including all subcontractors • Subcontractor management fees from Chapel will be at 5% instead of the usual 10% standard • Project billing will be according to time and materials, including subs, with a not‐to‐exceed amount, rather than a lump sum Chapel Electric Project Scope and Fee Estimate Mechanical and Electrical Engineering Structural Engineering Electrical Installation Fuel System Installation Generator Building Rehabilitation (foundation and walls) Fencing (new installation and modification) Exhaust System Installation Fuel Line Abandonment (task may be waived by Fire Marshall) Sub‐Total: Recommended contingency: Total: $ 19,425.00 $ 5,040.00 $ 91,105.00 $ 46,800.00 $ 15,750.00 $ 7,500.00 $ 4,180.00 $ 4,725.00 $194,525.00 $ 20,000.00 $214,525.00 Staff Recommendations: Staff asks that Council consider this request as staff is performing their due diligence in protecting the interests of the City and considering the financial implications of a delayed project completion. This project is an investment in our community that will be here 30 years from now. Mr. Tincu concluded his presentation and respectfully requested Council entertain two motions:
Motion 1 - Waive the second reading and approve as an emergency an Ordinance to appropriate
$214,525.00 into account 664-6602-53290 for the installation of an emergency generator and fuel system
at the Water Treatment Plant.
Motion 2 - Waive the second reading and approve as an emergency an Ordinance to waive competitive
bidding for the installation of an emergency generator and fuel system at the Water Treatment Plant and
allow the City Manager to enter into a contract with Chapel Electric for said work in an amount not to
exceed $214,525.00 from account 664-6602-53290. Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE 09-13 TO
Motion by Councilwoman Mills, seconded by Vice President Miller, that the rules requiring the
Councilwoman Mills thanked Mr. Tincu for all the hard work he put into the project planning
and his presentation. Since there was no money appropriated for the project in the 2009 budget,
she asked where the money would come from. Mr. Tincu said funds for the project would come
from the Water Capital Fund balance, similar to what Mr. Percival referenced earlier. Although
this specific project was not budgeted, there is money in the fund, per the Finance Department.
Councilwoman Mills clarified the money in the Water Capital Fund budget can only be used for
these types of projects. Mr. Tincu said that was correct.
Vice President Miller wanted assurance that if the project is done correctly, he will never see this
item again for 30 years. Mr. Tincu said he personally has 20 more years to work so he might see
some work related to this project. It is critical that the project is done correctly and that it is
expedited in a timely fashion because of the ongoing rental fees. They do not want to see the
project drag out over a 10-month period and the city continue to pay $7,000 in monthly rental
fees. Staff will enter into a preventative maintenance contract with Ohio CAT to keep the unit
serviced per the manufacturer’s recommendations.
President Propes thought $91,105 for electrical installation seemed very expensive since they
previously thought it would cost $45,000. He asked why there was such a huge difference in
price for electrical installation since the generator location will be in the same exact spot as the
existing unit. Mr. Tincu said the demolition and removal of the existing bulk fuel tank is
included in the fees. Mr. Roark said Chapel Electric installs a lot of generators. They will
relocate the temporary generator to make room for excavation and fill in the large hole when the
generator is removed. President Propes said he was specifically referring to the $91,105 for
electrical installation. Mr. Tincu said part of the fee is for excavation and preparation work for
the bulk fuel tank that will be handled through Chapel Electric, which is a larger scope than
initially discussed. Chapel Electric will also run the new motor leads and control wiring from
the new bulk fuel tank to the new generator. There is double protection on both sides for fuel
containment. There are fail safes going both ways on the day tank by the generator and the bulk
fuel tank, as well as alarms. Eventually everything will be integrated into the Water Treatment
Plant control system so operators will know if there are any failures. The scope has expanded,
which is why the price increased to $91,105. Mr. Roark agreed it includes excavation work and
trenching from the bulk fuel tank to the new generator and removal of the existing fuel line.
Councilman Caupp said if the $214,000 price included the rigging. Mr. Tincu said yes;
everything included is shown in the agenda packet and reflected in that price. Councilman
Caupp said he appreciated Mr. Roark attending the meeting and for answering questions.
Several times contractors have come back to Council and requested additional funds. He asked
Mr. Roark if he could assure Council that he understood the entire scope of the project and that
he would not come back to Council and state he was unaware of certain things. Mr. Roark said
yes. They have spent a lot of time reviewing the project and one of his staff was involved in
emergency calls at the WTP. The rigging to remove the old tank, placing it on their truck, and
rigging the new generator is included in the electrical price. Even though this project had a quick
turnaround design that was done in a week, Chapel Electric offers a GMP (guaranteed maximum
price), unless of course staff decides to install another small generator or the scope of the project
changes. Permits and fees are included in the price.
Mr. Tincu again offered to discuss financials and any lessons learned after the project is
complete.
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Vice President Miller, that Ordinance Number
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE AUTHORIZING THE INSTALLATION OF
AN EMERGENCY GENERATOR AND FUEL SYSTEM AT THE WATER TREATMENT
PLANT WITHOUT FORMAL COMPETITIVE BIDDING, AND DECLARING IT TO BE AN
EMERGENCY.
Councilman Caupp noted Council is once again asked to waive competitive bidding. He felt
Chapel Electric would do a good job on this project but thought a $225,000 project should be
competitively bid in order to alleviate any perceived improprieties. If no other companies but
Chapel Electric submit a bid, the project is fair game. Mr. Tincu said staff shared that concern;
this is not the way staff likes to facilitate a project. The competitive bidding process would have
added another six to eight weeks and additional rental fees for the city. Councilman Caupp
agreed, but it is a $225,000 government project that he believed should go through the
competitive bidding process.
Nays: None
motion carried.
Nays: None
motion carried.
Emergency Ordinance to waive competitive bidding for the installation of a 10”
Sanitary Sewer at the Ohio Veterans Children’s Home (OVCH) South Property.
Mr. Percival said it was recently discovered that there is a significant defect in the 10-inch
sanitary sewer that was installed at the OVCH South Property in 2005. This installation was to
ultimately service an imminent industrial park client on property owned by Greene County,
inside the City of Xenia. The City has received an at-cost proposal from Fields Excavating, Inc.,
to remove and replace the defective sewer at a cost not to exceed $55,110. City Staff is
concerned that the Cornerstone Development would be dissuaded from commencement on the
project this summer if it is perceived that the issue with the sewer is monumental.
consecutive meetings and pass as an emergency an Ordinance to waive competitive bidding and
authorize the City Manager to execute a purchase order in an amount not to exceed $55,110.00 to
Fields Excavating, Inc., of Kitts Hill, Ohio, to remove and replace an existing 10” sanitary sewer
at the OVCH South Property.
Councilman Louderback presented an ORDINANCE AUTHORIZING THE CITY MANAGER
TO WAIVE COMPETITIVE BIDDING FOR THE REMOVAL AND REPLACEMENT OF A
10-INCH SANITARY SEWER AT THE OHIO VETERANS CHILDRENS HOME SOUTH
PROPERTY, AND DECLARING IT TO BE AN EMERGENCY.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, that the rules requiring the
Nays: None
motion carried.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, that Ordinance Number
Nays: None
motion carried.
Request for Approval of a Contract with the Communications Operators.
Mr. Percival requested a motion from Council to approve a contract with the Communications
Operators.
Motion by Vice President Miller, seconded by Councilman Caupp, to approve a Contract with
Communications Operators. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for Cellular Telephone Services to Verizon Wireless. Mr. Bazelak
respectfully requested that Council award the bid for Cellular Telephone Services to Verizon
Wireless and authorize the City Manager to sign Verizon’s Blanket Purchase Agreement for a
yearly service of $23,634.48 plus initial cellular equipment and variable charges and costs. The
initial cellular equipment costs will be based on the bid per phone for the Blackberry Curve 8330
($29.99), Casio G’zOne Boulder with camera ($0.00), and Blackberry Storm ($199.99/pair).
The yearly savings will be approximately $3,245.76.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to award the bid for cellular
telephone services to Verizon Wireless and authorize the City Manager to sign Verizon’s
Blanket Purchase Agreement for a yearly service of $23,634.48 plus initial cellular equipment
and variable charges and costs. Brief discussion followed.
Vice President Miller asked if AT & T submitted a bid. Mr. Bazelak said no.
Councilman Caupp thought the Blackberry Curve and Blackberry Storm were both good phones.
He asked how a supervisor handled an employee who wants an upgraded phone. Mr. Bazelak
said the request would be handled in consultation with the IT Department, the Appointed
Officials, and the Division/Department Head recommendation as to why there was a need for a
Blackberry Storm for that individual. Councilman Caupp clarified an employee’s phone would
not be upgraded just because they made the request. Mr. Bazelak said that was correct.
Nays: None
motion carried.
Introduction of an Appropriation Ordinance and a Resolution authorizing a LeasePurchase Agreement for Self-Contained Breathing Apparatus (SCBAs). Mr. Bazelak
respectfully requested that Council introduce a resolution authorizing the City Manager to enter
into a five (5) year lease-purchase agreement with semi-annual payments of $20,496.68 with
Security National Bank for the Self-Contained Breathing Apparatus. On May 14, 2009, City
Council awarded a contract for Self-Contained Breathing Apparatus to Warren Fire Equipment
for $190,080. He recommends the City enter into a lease-purchase agreement to finance this
purchase due to budget constraints in the city’s General Capital Improvement Fund and the
attractive interest rate offered by Security National Bank. Security National Bank quoted a
2.79% rate with ten (10) semi-annual payments of $20,496.68, which was the most advantageous
offer. He respectfully requested that Council entertain two motions:
Motion 1 – Introduce an ordinance appropriating $17,846.00 in line 361-1225-56181 (Debt Service) and
$2,652.00 in line 361-1225-56281 (Debt Service) for the first semi-annual payment of principal and
interest in 2009.
Motion 2 – Introduce a resolution authorizing the City Manager to enter into a five (5) year leasepurchase agreement with semi-annual payments of $20,496.68 with Security National Bank for the Self
Contained Breathing Apparatus.
Councilman Caupp introduced an ORDINANCE AMENDING ORDINANCE 09-13 TO
CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009, and
Councilman Caupp introduced RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LEASE CONTRACT WITH SECURITY NATIONAL BANK FOR THE PURPOSE OF
FINANCING THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS, and it was
read for the first time.
Mayor Pennewitt thanked Mr. Bazelak for saving the city money. Councilman Caupp noted
Security National Bank’s 2.79% rate was a very good rate. Councilman Louderback noted it is
also a local bank.
Emergency Appropriation Ordinance for August Levy Effort. Mr. Bazelak noted
City Council approved placing a 3.5 Mill Renewal Levy on the August 4th ballot. At the work
session on May 14th, City staff presented estimated costs to place this issue on the ballot. He
respectfully requested that Council waive the reading of an ordinance at two consecutive
meetings and pass as an emergency an Ordinance appropriating $16,000 in line 101-1001-53605
(Election expense), $1,500 in line 101-1013-53320 (Printing), $500 in line 101-1013-53930
(Postage), for the August 4th renewal levy. Most of the cost ($16,000) is for election expense to
open up the polls.
Councilman Caupp presented an ORDINANCE AMENDING ORDINANCE 09-13 TO MAKE
Motion by Councilman Caupp, seconded by Councilman Louderback, that the rules requiring the
Councilman Caupp asked if it was guaranteed the city would have to pay $16,000 for election
expenses to open up the polls. Mr. Bazelak said the figure is based on what it cost the city for
the February levy campaign ($15,800). Although Greene County will have the Sugarcreek
School Levy on the ballot, the 3.5 Mill Renewal Levy will be on the only item voted upon in the
Xenia precincts on the August 4th ballot.
Mr. Lewis stated none of the money would be used for any type of political purpose. The
$18,000 is the city’s expense to put the issue on the ballot and for educational purposes only; it
will not be used to advocate for passage or failure of the levy.
Nays: None
motion carried.
Nays: None
motion carried.
Nays: None
motion carried.
congratulated two Xenia companies: Custom Manufacturing Solutions was number one in
biggest sales boost, which was 76%, and Reddy Electric was number three with a 52% sales
boost. Once they see companies like these doing well, that means expansion and new jobs for
the area. There are two ways to create new jobs – one is through expansion of present businesses
and the other is to bring in new businesses. He reminded residents that the Farmer’s Market
opens on Friday, June 5th, at Xenia Station.
Councilwoman Mills reminded everyone to check the city’s website, Channel 5, and their utility
bills for information on the Parks and Recreation activities. Due to the city’s budget constraints,
flyers on those activities will not be mailed this year like they have done in the past.
Vice President Miller, Councilman Caupp, and President Propes had nothing further to share.
Mayor Pennewitt congratulated Athletes in Action (AIA) for hosting a basketball camp at the
Xenia First Church of Christ. She believes in partnerships and this is a wonderful event. AIA is
reaching out to churches to host basketball camps in Xenia. She congratulated both entities for
working together to form this partnership. She then gave the following Mayor’s Report for
April:
4/01/09
4/01/09
4/04/09
4/07/09
4/08/09
4/09/09
4/11/09
4/14/09
Annual Prayer Luncheon meeting at WPAFB
Community Report Dinner @ Cedarville University
City of Xenia Easter Egg Hunt @ Shawnee Park
Attended the taping for Mayor’s Breakfast commercial @ Community Action
Lunch with Greg Henderson @ Greene Memorial Hospital
Attended Toast of the Town @ Red Cross Shelter
AHOP
Attending taping of National Day of Prayer commercial @ Lutheran Church
4/15/09
4/16/09
4/16/09
4/16/09
4/17/09
4/17/09
4/18/09
4/20/09
4/20/09
4/21/09
4/22/09
4/23/09
4/24/09
4/26/09
4/29/09
4/30/09
4/30/09
Therapy dog visit for Tecumseh Elementary students
Attended National Community Day @ Fairborn American Legion
Attended ribbon cutting ceremony @ Fastenal in Xenia
Met with E. Lonnie Melashensko, VP Spiritual Services & Missions, Kettering Health
Network
Attended the taping for Mayor’s Breakfast commercial @ GGCH
Attended Mayor’s Breakfast meeting
Attended Governor Strickland Luncheon (Bill Cosby was the guest of honor)
Read to children at Kids Learning Place in Xenia
Attended Greene County Health Banquet @ Career Center
Attended Mural Society meeting
Attended MVRPC Spring Dinner @ WPAFB
Read to children at Four Oaks School
Attended Greene County Children Services Breakfast @ Schindler Center
Attended Zion Baptist Church services
Volunteered at Payne Theological Seminary
Attended ribbon cutting ceremony @ Walgreens
Attended Greene Giving Luncheon @ Greene Country Club
ADJOURNMENT: Motion by Mayor Pennewitt, seconded by Vice President Miller, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
June 11, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on June 11, 2009, at 7:00 p.m., in the City
Propes.
INVOCATION: Joanne Tarver, Greater Grace Church, Springfield, gave the invocation after
to approve the May 28, 2009, Executive/Regular Session minutes as written. No discussion
Abstain: Felton
Nays: None
motion carried.
PUBLIC HEARING:
FY 2009 Small Cities Community Development Block Grant (CDBG) Formula Allocation.
President Propes opened the public hearing and asked for the staff report. Mr. Percival said in
compliance with federal citizen participation requirements, Xenia must hold one (1) general
public hearing to cover the Community Development Block Grant Program, and one (1)
application-specific public hearing before submission to the State of Ohio. Tonight is the second
public hearing for the City's FY 2009 CDBG Formula grant application. The first hearing was
on February 26, 2009. The City has been allocated $116,000 for eligible community
development activities that can be implemented in late 2009 and during 2010.
Staff met and discussed potential projects and recommends two (2) projects for funding:
Project 1: Parking Facilities – Consists of the improvement of Lots #8 and #2 in downtown Xenia
resurfacing of an alley behind the first block of E. Main between Detroit and Whiteman, and general
upgrades to both parking lots to include such items (where needed) as resurfacing, landscaping and
signage, lighting, installation of street furniture, and signage. This activity is estimated to cost $82,800
from the FY 2009 CDBG Formula Grant and will meet the national objective of slum and blight.
Project 2: Planning – The Planning Grant would provide planning activities in preparation for a
MVRPC/ODOT funded Transportation Enhancement Project to enhance the existing bike spur between
Xenia Station and West Third Street. The entire plan will cost $27,000 of which the City is committing
$17,000 from the General Fund. The remainder of the CDBG Formula funds ($23,200) will be used for
fair housing and administration.
Mr. Percival noted Community Development Director, Mary Crockett, was available to answer
specific questions on the request.
Councilwoman Mills asked if the $17,000 from the General Fund for planning was included in
the 2009 budget. Ms. Crockett said she thought the $17,000 was to be included in the 2010
budget, but she did not believe it had been added yet. The planning phase is essential in order to
obtain the construction funds from ODOT. Mr. Percival said this is actually a 2012 project, of
which the City is committing $17,000 from the General Fund for engineering to be done in 2010.
President Propes invited those in favor of the 2009 CDBG programs to step forward to speak.
No one came forward to speak. President Propes invited those against the 2009 CDBG programs
to step forward to speak. No one came forward to speak. He then invited those neither for nor
against the 2009 CDBG programs to step forward to speak. No one came forward to speak.
Mr. Percival respectfully requested that Council waive the second reading and pass as an
emergency a resolution authorizing the City Manager to submit an application for FY 2009
Formula Allocation funds from the State of Ohio with the application deadline being June 26,
2009.
SUBMIT AN APPLICATION AND ACCEPT FISCAL YEAR 2009 OHIO SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FORMULA ALLOCATION
FUNDS AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT OF
placed at once upon its passage. Brief comment followed. Councilwoman Felton said she would
vote “nay” based on the city’s financial status, etc., and because the item was not budgeted.
Next year’s budget looks worse than this year. She will vote “nay” on anything that costs money
except for necessary emergency services, etc. The Roll on this was the following:
Nays: Felton
motion carried.
09-N be now passed. No discussion followed. The Roll on this was the following:
Nays: Felton
motion carried.
Traffic Commission. Councilman Caupp said the May XTC meeting was cancelled due
to lack of agenda items; however, there will be a meeting on July 6th. They have received
several comments on the traffic signal timing, which were forwarded to City Engineer, Chris
Berger. Mr. Berger’s e-mail stated the contractor is working on the signal timing of specific
signals in response to complaints. He thought the problems were slowly being corrected. He
received another complaint last week. The City Engineer and contractor are working on finding
a solution to the problems with the traffic signals.
President Propes said he received an e-mail from a citizen who was concerned about bike path
intersection safety, which he offered to forward to Councilman Caupp. Councilman Caupp said
he thought he received the same e-mail and planned to put it on the July 6th XTC agenda.
However, he would appreciate President Propes forwarding the e-mail to him to insure it is the
same e-mail. President Propes agreed to forward the e-mail.
Mayor Pennewitt said she received a complaint yesterday about speeding on N. King Street. A
child was struck on N. King Street last week. Councilman Caupp said he would request that a
speed trailer be placed on N. King Street followed by increased police patrol in the area to
decrease speeding.
Greene County Regional Planning Commission. Councilman Caupp said the May
meeting was cancelled by Greene County due to lack of agenda items.
Board of Zoning Appeals. Mayor Pennewitt said the May 26th and June 22nd BZA
meetings were cancelled due to lack of agenda items. She noted the last four BZA meetings
have been cancelled.
ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Miller said he had a few
general questions that did not have to be answered immediately; however, he would like them to
remain as “Unfinished Business” until they are answered. He asked Ms. Steck to ensure that
citizens know they can be billed less for the water they use to fill their pools since that water
does not go through the sewer. He was not sure if there was anything on the city’s website.
Ms. Steck said she did not have any information on the website yet, but she could certainly do
that. Basically, once citizens receive a higher than normal bill, they should call the Utility
Billing Department to tell staff the size of the pool. Staff will look at the higher consumption
versus the average consumption and will make an adjustment on the sewer portion of the bill
only.
Vice President Miller noted there is no longer a pair of swans at Shawnee Park. One of the
swans was killed by a driver and the other one left when it lost its partner. In the spring, he
asked if the swans could be replaced to keep the geese population down, but the swans have
never been replaced. Councilwoman Felton thought one of the Shawnee Park swans was now at
Wright Cycle Park. Vice President Miller thought the swans improved Shawnee Park as well as
kept the geese away, which is why he hopes the park again has swans.
Vice President Miller said he asked the Law Director the definition of a “commercial vehicle”
and whether or not their signs were valid in one section of town. He would like an e-mail
answering that question so the City Manager and Police Division know what to do because it is
driving him crazy. He is getting a lot more complaints.
Vice President Miller said a new Radio Controlled (RC) business on E. Second Street across
from X*ACT made him remember that he previously asked the former City Engineer, Jim Jones,
Ed Quinlan, Public Service Director, and the former City Manager about constructing a small RC
park, which is basically a couple piles of dirt. He noted Mr. Quinlan said it would be no problem
for him and his staff to go ahead and construct the RC park. He e-mailed the City Manager and
City Engineer some basic plans he got off the Internet that had instructions on the dirt mixture,
etc. The dirt would not cost anything. Mr. Quinlan told him that it would be no problem mixing
the dirt and he thought the Public Service staff would enjoy making the RC park; however, it
went no further than that. He never heard anything from the City Engineer or the City Manager,
and he would like someone to get back to him by the end of this year. He is frustrated when he
asks something and receives no reply. Mr. Percival responded that Vice President Miller never
asked him about the RC park. Vice President Miller said he was referring to the previous City
Manager. He would like Mr. Percival and the new City Engineer to discuss it and reply.
Mr. Percival said he would be glad to do that.
Vice President Miller said in March 2006, BRACA was given information about constructing a
BMX track. Two representatives from the National Bicycle League from Columbus did a
presentation and showed video tapes. Following the presentation, BRACA took no action. He
would like to know if BRACA intends to move forward. At the time, he had everything lined up
and the park would have been free; however, now it may cost money. We are not doing enough
to provide free or low cost entertainment for kids, especially during the summer. Now that the
Greene County Pool is closed, kids will have even less to do. He thought the BMX track and RC
park costs to the city would have been minimal and would have required little maintenance. It is
time to step up and do something for the kids in Xenia.
Councilwoman Felton thought something should be done about vandalism at Shawnee Park.
City staff recently had to remove one of the large flowerpots from the pond that someone had
thrown in. Vice President Miller noted two of the steel picnic tables were also bent on the edges.
Mayor Pennewitt wondered if a reward could be offered to encourage information to be shared
when residents witness such events. Mr. Percival said he would work with Chief Person.
Councilman Caupp recommended installing webcams around Shawnee Park because they are
inexpensive and can be viewed any time. Mayor Pennewitt said she previously made that
suggestion. Councilman Caupp thought the cost of the webcams would be less expensive than
paying to repair the vandalism.
Councilman Caupp asked if Vice President Miller had a proposed location for the RC and BMX
tracks. Vice President Miller said at the time there was an open area available at West Side Park
that was low and needed to be filled in with dirt. The area was west of the City Service Center
and beyond the parking lot by the basketball court and skate park. It was an open area that was
not part of the softball field or football practice field. Councilman Caupp asked if the land in the
back of West Side Park could be used. Mr. Percival said nothing can be built on the landfill cap
that could interfere with the integrity of the cap. The area to which Vice President Miller
referred to is east of the landfill cap. Vice President Miller said prior to the BMX presentation,
he received an overlay of West Side Park from the City Engineer and City Planner that had the
landfill cap area shaded so they would know where they could put the BMX track. He agreed
nothing can be done to the landfill cap, including adding dirt. However, there is still plenty of
room for an RC and BMX track at West Side Park.
Councilwoman Mills said she had all the information from the March 14, 2006, BRACA meeting
on the BMX track. At that time, BRACA was not interested in moving forward. She thought the
track was to be located in front of Kil-Kare Speedway. Vice President Miller said no; his
suggestion was to place it at West Side Park. He was only presenting the BMX track idea
because people were asking him if he could do more for the youth. He told them he could bring
it to the Board’s attention but he was not in charge of BRACA. Councilwoman Mills said she
would reintroduce the idea to BRACA. Vice President Miller said he understood if BRACA did
not want to take action. Following the presentation, he did not know if any Board members
talked to kids to see if they were interested in a BMX track.
Councilman Caupp said since Xenia wants to re-establish itself as “the Bicycle Capital of the
Midwest,” he suggested they include BMX as part of the annual road race. The entire weekend
could be used to market bicycling and BMX in Xenia. Obviously, BMX is another form of
bicycling. Councilwoman Mills agreed. The BMX representative shared that BMX tournaments
would bring revenue into the City, which BRACA supported. However, the representative also
stated the BMX track would be a closed track and only members would be allowed to use it.
There would be a small open practice field available to the public but she was not sure when that
track would be built. As she recalls, the Board thought the concept would be similar to the
proposed fenced-in, privately-owned and run softball field at West Side Park that the public
would be prohibited from using.
Councilman Caupp said he was not included in those conversations. BMX in the Miami Valley
is controlled by Bob Bruns, who is a friend of his and has been involved with BMX for 30 years.
He assured Councilwoman Mills that every BMX track in the city parks in the Miami Valley is
open to the public every day. There is a BMX track located at Joyce Park in the City of
Hamilton/Fairfield, one located at the Golden Gate Park in Brookville, and one located at Delco
Park in Kettering, which his parents helped run for ten years. Insurance covers the city on those
tracks and they are not the liability everyone thinks it is. It is no different than having a skate
park. If you don’t have a group of involved parents from the community that want to make it
work, it will never work. A core group of at least 6 to 12 parents must be willing to take the time
to make the track work. Until that happens, it will be a tough sell.
Councilman Caupp said they have been working on getting volunteers for the Design Standards
Committee. The first meeting is scheduled for Tuesday, June 16th at 3 p.m. at the City Public
Service Center. The purpose of that meeting will be to let everyone introduce themselves, to
determine the Committee’s goals, when they will meet, as well as to obtain background
information from the City Planner.
Councilwoman Mills said a downtown merchant wants to adopt a flower bed in the downtown
area. Due to the city’s financial situation and lack of staff, Ms. Fisher, Mr. Quinlan,
Mr. Percival, and Mr. Delaney spoke with downtown merchants to see if they would help with
maintenance. Each merchant received a watering can to help maintain the flowers. She thanked
the downtown merchants for ‘stepping up’ and helping us out. They had a great group of
volunteers for Volunteer Day on June 6th. The merchants she spoke with would like to know
whom they should contact about adopting the flower bed. Mr. Percival said anyone who is
interested in volunteering could contact the City Manager’s office. They would be happy to take
any help they can get. Councilwoman Mills noted high school students made wooden signs last
year that can be used to recognize the sponsor(s).
Mayor Pennewitt said they were fortunate to have $520 donated to the city by some gracious
mail carriers who were concerned about the destruction that took place at Shawnee Park over the
last few months. A Sunday school class donated $200 and another $200 was donated by the Rail
& Arts Fest. She thanked them for the donations totaling $920. Mr. Percival said anyone
wishing to make a donation for Shawnee Park can mail them to the City Manager or the Finance
Director at City Hall and it will be deposited in the appropriate department’s revenue account.
Appeal of XPZC Decision on Certificate of Appropriateness for the proposed
expansion of All Sports Bar and Grille. Mr. Percival said All Sports Bar and Grille proposes
to expand its outdoor seating, patio dining, and in the future, provide a concert area in the plaza.
Staff has worked very closely with the All Sports Bar and Grille owners to come up with
solutions that will work for everyone. He asked City Planner, Nimfa Simpson, to address
Council. Following her presentation, questions will be entertained.
Ms. Simpson used a PowerPoint presentation to address the project specifications of Phase 1 of
the Certificate of Appropriateness for the expansion of All Sports Bar and Grille.
First Phase – fenced in seating:
Proposed outdoor seating will utilize the front half of the public plaza.
The external modifications to the public plaza will consist of:
1. Elimination of existing curbed landscape islands as shown below:
2. Elimination of the wooden structure that used to be a fountain. The use of this area for
outdoor concerts will be in Phase 2, but removal of the fountain will be in Phase 1. The
concrete will be patched with the same stamped concrete as in Phase 1.
3. Elimination of trees except for six; five will remain on their existing locations; one will
be relocated as shown on the plans. The curbing around the trees will be eliminated for
safety purposes.
4. The blue spruce that is used for the annual Christmas tree lighting by the Xenia
Downtown Merchants will remain, but the island in which it is planted will be reduced in
size. The landscaped island will be protected by concrete curbing. Additional
planting/shrubs in this island will be provided, but they should not include fountain grass.
Perennial plant variety should be chosen that survives during the winter months since this
will be the only landscaping along North Detroit Street. The electrical service for the tree
will be retained.
XPZC requested that additional landscaping be provided along North Detroit Street. An
alternative that can be considered is to provide flower pots on the fence similar to
Applebee’s Restaurant. The applicant has agreed to the use of flower pots.
5. The first phase will convert half of the open plaza to outdoor seating. The perimeter of
the area will be fenced in with wrought iron looking fence with security and emergency
exit gates. The Fire Chief requests that the gates be spring-loaded and equipped with
panic hardware. A sample section of the fence is shown below:
6. The fence material is actually metal that is painted black. The proposal is to use wooden
posts that are also painted black. There was an in-depth discussion at the XPZC meeting
about the use of stone/concrete posts. The applicant has agreed to the use of brick
masonry posts similar to what is shown below around the perimeter of the fencing area.
7. One style of stamped concrete will be installed where landscaped islands will be removed
as shown below:
8. Patio furniture:
a. The applicant has agreed to utilize wrought iron tables and chairs as this will set the
standard for outside furniture in the downtown area similar to what is shown below:
b. Patio umbrellas:
It was agreed that half of the patio umbrellas will have product signs since these will
be provided by the distributors. This will require a special variance from the
requirements of Chapter 1290 – Sign Ordinance. Half of the umbrellas will be
generic without product identification. Umbrellas with product signs shall be opened
only when the patio dining and seating is open to the public and shall be located
further to the west away from North Detroit Street.
XPZC has requested that one color of umbrellas be used.
c. Lighting:
There was no specification on the type of lighting fixtures to be used in the outdoor
seating area. Applicant will work with City Staff and Greene County Building
Inspection Officials on an appropriate lighting design and requirements.
d. Trash receptacles:
The style was not specified, but we recommend that metal look-alike shall be utilized
similar to what is shown below.
OTHER CONDITIONS:
1. Outdoor seating will still be open for public use. XPZC has suggested posting of signs indicating
that the public can use the fenced-in area even if they are not patrons of All Sports Bar & Grille.
2. Maintenance of the landscaped island where the spruce tree and miscellaneous trees are planted
will be the responsibility of All Sports Bar & Grille. The maintenance of the other landscape
island (along IHS Pharmacy) will be maintained by Xenia Towne Square Management. This
maintenance should continue during the off-season months.
3. All Sports Bar & Grille will make the enclosed and fenced in eating area accessible to the general
public.
4. Since the first phase involves only a portion of the open space/plaza for now, the Xenia
Downtown Merchants Association or any other organizations can still use the remainder of the
plaza for special events. The XPZC requested that a sign be installed along the fence stating that
the fenced in area is available for public use. All Sports Bar & Grille would like to obtain special
permits to utilize the unfenced area for cornhole tournaments.
5. The Fire Chief has reviewed this new phased plan and finds the Phase 1 plan acceptable based on
Fire Code, Building, and Electrical Code requirements.
6. Necessary permits, including building permits and liquor permits, shall be obtained.
7. All Sports Bar & Grille should coordinate with the Planning and Zoning Department on any
future permanent and temporary signs. The fence shall not be used for banner advertisement.
OTHER CLARIFICATIONS:
1. Xenia Towne Square is a Planned Unit Development.
2. There was a question on the City of Xenia’s current Lease Agreement with R & B Investment Co.,
as to whether the courtyard area can be subleased to the various tenants for their private use. The
Law Director noted that the tenant is responsible for insuring, modifying, and cleaning the
courtyard area with the exception that the City is responsible for insuring its own events in the
courtyard. The Law Director stated that the agreement needs to be amended to state that, upon
the request of the City Manager, the tenant shall make the courtyard available for use by the City.
Mr. Reed and Mr. Eldad agreed to this requirement.
Xenia Planning and Zoning Commission Review and Action:
At a special meeting of the Planning and Zoning Commission on May 21, 2009, there was a
lengthy discussion on the issue. There was a motion to approve the Certificate of
Appropriateness based on the conditions outlined by City staff. The XPZC meeting was
conducted with four members present. One member had to leave the meeting due to an
emergency, but before he left he indicated that he was in favor of approving the Certificate of
Appropriateness. However, the absent member’s vote could not be counted because the motion
occurred after his departure. A majority vote of the total membership is required to approve or
disapprove any matter coming before the Commission. Thus, the motion failed with two ‘aye’
votes vs. one ‘nay’ vote. Because the Certificate of Appropriateness did not pass at Xenia
Planning and Zoning Commission, the appeal on this decision was submitted for Council’s
consideration.
Staff Recommendations:
City Staff recommends that Council approve the appeal and grant the Certificate of
Appropriateness for Phase 1 of the expansion of All Sports Bar and Grille based on the
conditions outlined by City staff and additional conditions made by XPZC on their failed motion.
The conditions to be added are: Use of concrete fence posts along North Detroit Street and
posting of a sign indicating that the fenced-in courtyard is open to the public. Since this would
be a prototype for outdoor seating in downtown Xenia, the applicant made some
accommodations to ensure that they meet the standards staff would like to see enforced and
adopted in the downtown area.
Mr. Percival noted the City currently has no guidelines for outdoor seating areas anywhere in the
city. They will use this and build upon it to develop guidelines to address outdoor seating area
requests in the future. He noted Applebee’s and Nick’s Restaurants currently have outdoor
seating. Councilwoman Felton noted All Sports already has outdoor seating. Mr. Percival said
All Sports has a smoking area along N. Detroit Street. Councilwoman Felton said the outdoor
seating was installed for food and drinks; it was never designated as a smoking area. At that
time, smoking was legal inside the restaurant/bar. There is no gate on the fence because the
Department of Liquor Control said customers had to go back through the bar in order to leave.
Mr. Percival said there may be more outdoor seating areas of which he is unaware. In the future
if someone applies for an outdoor seating area, the city will have guidelines from which to work.
Motion by Vice President Miller, seconded by Councilman Louderback, to approve the
Certificate of Appropriateness for Phase 1 of the expansion for All Sports Bar and Grille based
on the conditions stated in the staff report and the XPZC recommendations of the use of concrete
fence posts along North Detroit Street and posting a sign indicating that the fenced-in courtyard
is open to the public. Discussion followed.
Councilman Caupp said he has opposed the expansion since day one because he wanted to
ensure it was done right since it is located in downtown Xenia across from City Hall. It sounds
like Mr. Reed and other All Sports owners stepped up to the plate and addressed many of his
issues, including fencing, umbrellas, tables, and chairs. He asked how lighting would be
handled. Mr. Percival said the first issue is what the lumen requirement is for outdoor lighting
per the Greene County Building Inspector. Once that is established, he told staff and the
applicant that they would work with the applicant to establish appropriate fixtures to achieve that
amount of lighting. At this point, he cannot answer Councilman Caupp’s question because he
does not know what the Greene County Building Inspector requires. Councilman Caupp said he
has been in the area numerous times at night but never noticed if the area is dark. Mr. Percival
said if all the lights on the buildings are turned on, the area is fairly bright, but he was not sure
that would meet code, which is what they have to establish, and how to meet that code section.
Councilman Caupp noted Ms. Simpson said “wrought iron looking fence” would be used with
brick posts. He asked if all the posts would be brick masonry or if some would also be wooden.
Ms. Simpson said, according to the City Manager, brick masonry posts would be used along
N. Detroit Street and at each corner further west. Mr. Percival clarified brick posts would be
used at the entrance.
Councilman Caupp offered to share pictures of outdoor umbrellas he took in Lexington,
Kentucky. He did not object to the use of vendor donated umbrellas. There are some very nice
outdoor umbrellas with vendors’ names that would look more than appropriate. Ms. Simpson
said all the outdoor umbrellas would all be green.
Councilman Caupp asked if anyone had checked with the Ohio Division of Liquor Control
(ODLC) to see if it was legal to open the outdoor seating area to the public. Mr. Lewis said he
has not checked with ODLC but he is very concerned. Councilman Caupp said he could not
envision the public using the area as a public area once it is fenced in by All Sports. He thought
ODLC may object to the public using the open area because of alcohol being served. He
suggested that recommendation be removed from the motion.
Mr. Lewis said he had two concerns. Any concerns from ODLC on use of the open area can be
confirmed when the applicant applies for a liquor permit to use the outdoor facility. The owner
would be liable for policing the area that it leases from the city since there would be people in
their establishment who are not really customers. Councilman Caupp said in reality, minors
could be using the area on Saturday afternoons since the owner would have no control over who
uses the area. Although he did not know about Saturdays, Mr. Lewis said his office faces the
courtyard and he has seen no more than ten people a year use the courtyard. He did not think the
public would use the space once it is fenced. Councilman Caupp agreed. He would be fine with
changing the recommendation to not allowing public access to the outdoor seating area.
Mr. Lewis reiterated he was concerned (1) with the liquor issue and (2) the owner’s liability
since they would be losing control of their establishment.
Mr. Percival said until Phase 2 begins, there will be a large open space. President Propes thought
the stage area should remain. The Phase 2 area might be something the city works with the
owners on co-developing so the city has a little control over the use to a greater capacity. He
thought it was ridiculous to fence off the entire area. Councilwoman Felton noted Mr. Reed has
leased the entire area. President Propes said he knew that but wanted to voice his concerns
before a vote is taken and Phase 2 begins. Phase 2 is something that Mr. Reed wants to do since
he is leasing the entire area, and the plans for Phase 2 trouble him more than Phase 1.
Councilman Caupp thanked Mr. Reed for addressing many of his concerns. He felt in the long
run, Mr. Reed will be happier with the results and it would look better for the city. The Design
Standards Committee will have to address outdoor seating areas in the city in the future. The
City Planner shared regulations from other cities.
Mayor Pennewitt asked if music would be piped outside during Phase 1. Mr. Reed said yes.
Mayor Pennewitt noted John Sale Manor, Maggie McKnight, Xenia Towers, and two churches
are located in that area. She was concerned the music would be too loud for people who live
close to the outdoor stage. Mr. Percival said there would be requirements about the volume of
the music, on what days the music can be played, and when the bands can start and end because
of the proximity to residences, which they have already discussed. There is a noise ordinance in
the city that he believes establishes those guidelines. Mr. Lewis said the City does have a noise
ordinance, but it is not as specific as it could be and it is something they need to work on prior to
Phase 2, but that could easily be done. He noted the city sponsors “Music in the Park.”
Mr. Reed said he was prepared to meet the noise ordinance guidelines.
Mayor Pennewitt noted All Sports Bar & Grille would like to obtain special permits to utilize the
unfenced area for cornhole tournaments in Phase 1. She asked why the applicant could not wait
until Phase 2 to begin having cornhole tournaments. Mr. Virgil Reed, All Sports Bar & Grille
owner, said they would like to have cornhole tournaments this summer. They proposed to
maintain all the landscaping in Phase 1 before they submit approval for Phase 2 in order to have
cornhole tournaments this summer. Mayor Pennewitt said she had other concerns about Phase 2
but tonight they are only discussing Phase 1. Mr. Reed said they are prepared to move into
Phase 2 and do whatever they need to do to get it approved. Mayor Pennewitt said she had other
concerns about Phase 2 but Council is only discussing Phase 1 tonight.
Councilwoman Mills agreed Council is only voting on Phase 1 tonight; Phase 2 may or may not
come to fruition. The XPZC minutes answered many of her questions. However, since she still
had questions, she talked with staff from the City Manager’s office, downtown merchants, Deputy
Fire Chief, Steve Pegram, Police Chief Person, and Ryan Reed. While she was standing in front of
All Sports for 45 minutes, she saw only one person cut through the outdoor plaza area. The other
50 people who walked from the back parking lot walked in a straight path on the side of the
building near IHS to the crosswalk. The person who cut through the outdoor plaza went to one of
the neighboring stores by All Sports. There will still be access to those stores once the plaza is
fenced in, since only a portion of the plaza will be fenced. There is a 12’ walkway on one side of
the plaza by IHS and a 7’ pathway along the side of the building, which is the sidewalk that has
always been there. She also spoke to staff at the Planning and Zoning Department. Many of those
people stated Mr. Reed has bent over backwards and was willing to meet codes and make the
requested changes. She spoke with Ryan Reed about over-expanding their business to the point
where it eventually closes. Mr. Reed said he was not worried about that happening, but if it did,
the city would lose nothing. The city would gain a better looking outdoor plaza with seating. It is
important for the citizens to know that the city is not paying for any of the expansion. This is a
business that is trying to expand onto public access, which is a situation the city has never faced.
Approval of the COA will set a precedent for other businesses.
Councilwoman Mills said she was concerned about the consumption of alcohol by minors;
however, she and her family eat at Applebee’s and Nick’s Restaurants, which are both family
restaurants [and both serve alcohol]. Her children would be at home in the evenings when the
bands would be playing at All Sports. She was also concerned about security. Mr. Reed told her
there is currently ten staff to handle unruly patrons and security, which is important to them as
well as customers. He said they do not want All Sports to become a business that is not
respected by the city or not used by all the citizens. They want business people and families to
feel welcome and safe. She thought working jointly with Mr. Reed on Phase 2 would be great.
She thanked Mr. Reed for making the changes requested by staff. She was concerned about
alcohol consumption in the open area, but Mr. Reed does not know if the ODLC will approve a
liquor license.
Mr. Reed said they have basically been approved for a liquor license. He thanked
Councilwoman Mills for her positive comments. When they bought All Sports Grille, they
decided to go to the extreme to provide security so families and everyone would feel safe at their
restaurant. They have already had some big name bands perform. They have security in the
restaurant every night. They always check IDs and that will continue in the patio area. No
underage customers are served alcohol – that is the law. They already leased the two adjoining
storefronts west of their business, which will expand their business to the end of the patio. If
they get Phase 2 approved, the entire patio will be located in front of their building [leased
building spaces]. They have always said they would coordinate and let anyone in the city use the
courtyard area. The only thing they requested is that they discuss the use together. If Phase 2 is
approved, they will have some big concerts, and they will meet the standards imposed by the
Greene County Building Inspector. Mr. Kuzma explained the number of people that are allowed
in the area and what they need to have to allow for that many people.
Councilwoman Mills explained how cornhole games are played and enjoyed by all ages.
BRACA discussed having cornhole available at some of the city parks. Mr. Reed said cornhole
and pool tournaments draw a lot of people into the city. They will purchase the best pool tables
available and plan to host well run pool tournaments that may draw 300 to 400 people.
Currently, good pool players have to drive to Canton to play on quality pool tables. Customers
using the pool table area will be treated like the customers in their bar/restaurant. If they cause
trouble, they will be removed. They do not tolerate unruly behavior from anyone.
Approximately 20 people have already been barred from their establishment. Their bar/
restaurant is for families.
Councilman Louderback said the courtyard area has been a thorn in his side for years and is an
embarrassment to the City. He is very grateful to the All Sports owners for leasing the next two
storefronts which will create six to 12 new jobs in Xenia. Unlike some members of Council and
some downtown merchants who are good at spending other people’s money, the All Sports
owners are spending their own money. He had no problems with Mr. Reed’s original plan and
he would not have made some of the changes that Mr. Reed agreed to make; however, he was
glad Mr. Reed was willing to compromise. We need to be more business friendly in this town
and welcome people who want to expand and not make them jump through so many hoops. He
thanked Mr. Reed for his expansion and knows he will do a top notch job.
Councilwoman Felton thanked Mr. Reed for attending tonight’s meeting as well as the XPZC
meeting. Mr. Reed has worked with staff to resolve all the issues raised by the XPZC.
Councilman Caupp said he was willing to modify the motion to remove the ninth
recommendation on page 3, which is “All Sports Bar and Grille will make the enclosed and
fenced in eating area accessible to the general public.” He asked Mr. Lewis if the motion
should be amended now or if Council should address that at a later date. Mr. Lewis suggested
Council address the issue now. Vice President Miller said he would second that amendment.
Further, he was concerned about ingress and egress for the public. If a bar/restaurant is serving
alcohol in the outdoor patio area, the ODLC says “You can serve all the alcohol you want inside,
but if you have an outdoor patio with public access, no alcohol can be served.” He does not want
that to happen because serving alcohol is part of All Sports’ business. He would rather change
the motion now, or at least make the exception, so when the ODLC tells them the patio area will
have to be closed off, it will already be done. He agrees with Councilwoman Mills’ comments.
You can sit in the courtyard all day and never see a person walk through that courtyard area
unless they are going to All Sports.
Mr. Lewis suggested the motion state, “Upon the reasonable and timely request of the City, All
Sports Bar and Grille should make the enclosed, fenced in area available to the City for its use.”
In other words, the City could use the area for the annual Christmas tree lighting. The City could
work out a schedule with All Sports so there are no conflicts in their schedule. The intent was to
make the courtyard area available for such things as the annual Christmas tree lighting, which
would enable All Sports to use it for the their business, but would also allow the City to use it
two or three times a year for a few hours. Councilman Caupp did not think too many patrons
would be using the outdoor patio area in December. Mr. Lewis agreed.
Motion by Councilman Caupp, seconded by Vice President Miller, to amend the motion to not
allow the general public to utilize the enclosed and fenced in eating area, and that “Upon the
timely and reasonable request of the City, All Sports Bar and Grille shall make the enclosed,
fenced in area available to the City for its use.” Discussion followed.
Councilwoman Mills noted without the passage of Phase 2, there are still wooden tables and
benches in that area available to the public even though they need to be repainted.
Councilwoman Felton thought Mr. Reed was removing those. Mr. Reed said that was not true.
The tables and benches will remain, but they will improve them.
President Propes said at first he was a little apprehensive about the entire plan because it was
quite a large endeavor for that space. However, while he was in downtown Blue Ash the other
day, he noticed that they have a large outdoor staging area within close proximity to residential
areas, much like in Xenia. They host well known events there throughout the year and popular
bands perform without any problems. The difference is that the City of Blue Ash controls that
stage area. When they get to Phase 2, he would not like to see the entire area fenced. He would
like the city to work with Mr. Reed to try to develop the area and come up with something that
would be a good centerpiece for the city where they can hold events. He was in favor of
Mr. Reed’s plan to attract people to Xenia.
The Roll Call on the amendment was the following:
Ayes: Miller, Caupp, Mills, and Propes
Nays: Louderback, Felton, and Pennewitt
motion carried.
The Roll on the original motion as amended was the following:
Nays: Felton and Pennewitt
motion carried.
Authorize the City’s Participation in State of Ohio Cooperative Purchasing
Program for Annual Police Vehicle replacements and declaration of surplus vehicles and
disposition method. Mr. Percival said due to budget constraints, staff has pushed back Police
vehicle purchases to November/December, but in order to complete that purchase by the end of
this fiscal year, they have to be ordered now through the Ohio Department of Administrative
Services’ purchasing program. He respectfully requested authorization to purchase four Ford
Crown Vics to replace marked and unmarked vehicles as shown below and authorize him to
declare said vehicles surplus and dispose of them accordingly:
Year
2005
2006
2006
1998
Make
Ford Crown Vic
Ford Crown Vic
Ford Crown Vic
Ford Crown Vic
Serial Number
2FAFP71W65X116657
2FAFP71W96X101006
2FAFP71W96X101007
2FAFP71W6WX192168
Car No.
1106
1108
1107
1121
Mileage*
88198
88621
86216
59661
Motion 1. Authorize the City’s participation in the State of Ohio Cooperative Purchasing Program for the
acquisition of four police vehicles, and authorize the City Manager to issue purchase orders to Statewide
Ford Lincoln Mercury in the amount totaling $87,641.00.
Motion 2. Authorize the City Manager to declare as surplus and dispose of the older replaced vehicles
through GovDeals, Adesa Wholesale Auctions in Franklin, or other area auction services as deemed
appropriate by the Chief of Police and approved by the City Manager.
Motion by Vice President Miller, seconded by Councilman Louderback, to authorize the City’s
participation in the State of Ohio Cooperative Purchasing Program for the acquisition of four
police vehicles, and authorize the City Manager to issue purchase orders to Statewide Ford
Lincoln Mercury in the amount totaling $87,641.00. Discussion followed.
Councilwoman Felton said they discussed this issue during the 2009 budget session and she and
Chief Person also discussed it on the phone. She checked on the repair history on some of the
vehicles. There is no reason the Police Division cannot continue to use the 1998 Crown Vic.
She realized they discussed transferring the vehicle. Chief Person said the 1998 Crown Vic
would be transferred to the Finance Department. Councilwoman Felton did not think the city
had the money for new vehicles, which is what she stated during the budget session.
Councilman Caupp said for a long time he has argued that police cruisers need to stay on a
rotation because if they get behind, in five years they will be in that much more of a hole.
However, he also agreed that the city does not have the money and the budget for 2010 does not
look good. The 1998 Crown Vic only has 59,661. In 11 years, the vehicle has only been driven
59,661 miles, which are not that many miles. He asked if they could purchase three marked
cruisers, and retrofit one of the 2006 cruisers to be used as an unmarked vehicle. It is only a
three year old vehicle with 86,216 miles. Chief Person said the 2006 cruiser is in worse shape
than the 1998 Crown Vic. Cruisers are driven 24/7. At the end of three or four—sometimes
even five—years, they are worn out. The seats and suspension are gone and they really are not
viable, which is why for the most part they purchase separate unmarked cars. Unmarked
vehicles can last for ten years because they are not used 24/7. Given a choice, he would keep the
1998 Crown Vic over the 2006 cruiser. He thought Paul Gultice [Mechanic Supervisor] would
agree because the cruiser would cost more to keep running. Mr. Percival said usually the front
end and brakes go bad. If that is Council’s desire, staff will try to use the 1998 Crown Vic one
more year.
Chief Person said they have approximately 25 cars in their fleet. Three of the cars are specialty
vehicles. One is a 1990 retrofitted ambulance that the SWAT team uses. The speed trailer is
considered a vehicle and the ACE Task Force pick-up truck is a seized vehicle. He has another
five seized vehicles in the fleet that the city did not purchase that they will run as long as they
can until there is money to replace them. He has two Dodge Durangos that were purchased
through a grant. Of the remaining 18 vehicles, 12 are front line cruisers. The fleet seems large,
but when you look at their [capital] outlay, it has been very reasonable over the years.
Mr. Merriman said he discussed this with the City’s mechanic supervisor and asked him when it
was appropriate to purchase new vehicles. He pointed out there is a meter on the car to check
idle time, and that idle time has a significant draw on the electrical and wiring system and the
engine, which is like adding significant miles to the vehicle.
Vice President Miller noted cruisers cannot be turned off. The odometer shows the actual miles,
but the vehicle may have many more idle time hours on the engine. Mr. Percival agreed that
would be true for marked vehicles, but not for unmarked vehicles. Marked vehicles cannot be
shut off due to all the electrical equipment.
Councilman Caupp asked how many vehicles were purchased last year. Chief Person said three
marked vehicles were purchased and he received a new Chevy Impala. Councilman Caupp
noted if three new cruisers were purchased this year, half the fleet would be new.
Councilwoman Felton said years ago, three police vehicles were rotated every year. Chief
Person said they used to have nine cars and half of them were replaced every year. One year
they purchased five new marked cruisers, and one year they purchased four marked and one
unmarked cruisers. All the cars used to be under warranty because they were replaced every two
years. Over the years, they extended that time resulting in some five-year old vehicles. The
vehicle may be a 2006 vehicle, but they probably got it in 2005. The new cars will be 2010
models but received in 2009.
Councilman Louderback understood there were 12 marked cars and 10 unmarked cars. Chief
Person said there are 12 marked cars and 6 unmarked cars that the city purchased. He also has a
fleet of seized vehicles or vehicles purchased through a grant. As they get a newer seized
vehicle, they get rid of the other car. Councilman Louderback asked how many officers work
per shift. Chief Person said typically there are a minimum of five officers to a maximum of nine
officers on duty. At any given time, two of the vehicles may be down for service. Ten cars are
available for the day shift and official staff that needs vehicles, and two or three officers are
stationed at schools.
Nays: Felton
motion carried.
Manager to declare as surplus and dispose of the older replaced vehicles through govdeals,
Adesa Wholesale Auctions in Franklin, or other area auction services as deemed appropriate by
the Chief of Police and approved by the City Manager. No discussion followed. The Roll on
Nays: None
motion carried.
Emergency Ordinance to waive competitive bidding and authorize the City
Manager to issue purchase orders for data conversion. Mr. Percival respectfully requested
that Council waive competitive bidding and authorize him to issue a purchase order for data
conversion from GEAC to New World Software. He asked Chief Person to explain the request
to Council.
Chief Person said the Xenia Police Division is participating in a countywide computer-aided
dispatch and records management system and has a contract with New World. They are required
to retain approximately 900,000 individual master names with arrests records for each individual.
As part of that countywide project, it is necessary for the XPD to convert data from the old
records system to the new records system. They would either have to maintain the GEAC
system, pay maintenance on that system (which runs $45,000 yearly for records management) or
pay a one-time fee for data conversion to move that data from the old system to the new system,
which is what this does. There are two parts: GEAC has to convert their data into a usable data
system that the new system can read and write from. Then the New World system takes that
data, such as first/last name, address, etc., and makes sure it maps to their system. He noted they
originally thought they had a deal with a Beavercreek company to do the countywide data
conversion cheaply. Once they started doing specifications with that company, they quickly
realized that the data conversion was not something they could do, so that fell through. Funds
for the purchase of data conversion services are currently allocated through the Law
Enforcement Fund (251-1221-53290).
Motion 1. Waive the second reading of an ordinance at two consecutive meetings and pass as an
emergency an Ordinance waiving competitive bidding and authorizing the City Manager to issue a
purchase order for $34,500.00 and enter into an agreement (work order) with New World Systems for the
data conversion.
Motion 2. Authorize the City Manager to issue a purchase order in the amount $7,000.00 and enter into
an agreement (work order) with GEAC for the data conversion.
Councilman Louderback presented an ORDINANCE WAIVING COMPETITIVE BIDDING
AND AUTHORIZING THE CITY MANAGER TO PURCHASE DATA CONVERSION
SERVICES FROM NEW WORLD SYSTEMS FOR THE POLICE DIVISION, AND
Councilwoman Mills said she did not see anything in the agenda item report that explains why
the ordinance was requested to be passed as an emergency. Chief Person said Section 2 of the
Ordinance states the reason for the emergency is to expedite the conversion of data to New
World Systems as the city’s contract with GEAC expires in July. If that is not done by July, they
would have to pay GEAC an additional $11,500 to export the data, and he did not see any reason
to do that.
Nays: None
motion carried.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to authorize the City Manager
to issue a purchase order in the amount $7,000.00, and enter into an agreement (work order) with
GEAC for the data conversion. Brief comment followed. Councilwoman Felton explained she
would vote to approve these motions because the money comes from the Law Enforcement Fund
and not the General Fund. The Roll on this was the following:
Nays: None
motion carried.
Councilwoman Felton asked if dispatchers can pinpoint all 911 cell phone locations. Chief
Person said the 911 Call Center is currently going through Phase II testing, which means the
different cell phone companies are currently making phone calls to the Dispatch Center from
each of their tower areas to ensure that each tower is pointed toward the correct 911 Call Center.
Beavercreek is not supposed to start that testing until July; everyone should be on board by
September. They are getting part of that Phase II information now, so they are much better off
than they were four months ago before the new census system went in. However, it will take
until September before the countywide system can pinpoint the exact cell phone location for all
911 calls.
Introduction of an Ordinance declaring certain City personal property to be surplus
and approving use of the Internet Auction Service, GovDeals. Mr. Percival said staff
identified items and pieces of equipment they have as surplus city property, and they are
requesting permission to proceed with disposal of these items. Most of the identified items have
negligible or little value with the exception of the generator at the Water Treatment Plant that has
a value of $15,000 or more. He respectfully requested that Council introduce an ordinance
declaring the identified equipment and vehicles to be surplus and authorize him to dispose of
them according to policy and the Ohio Revised Code.
Councilman Caupp introduced an ORDINANCE DECLARING CERTAIN CITY PERSONAL
PROPERTY TO BE SURPLUS AND AUTHORIZING SALE OF THOSE ITEMS, and it was
read for the first time.
Two (2) Emergency Ordinances to appropriate funds and waive competitive bidding
for the purchase of Tree Grates for the Downtown Streetscape. Mr. Percival said as part of
the American Reinvestment and Recovery Act, the City of Xenia was awarded funds to extend
downtown streetscape improvements along E. Main Street from Whiteman to Collier. During
the preparation of the 2009 budget, staff did not realize additional tree grates would be needed to
complete these additional downtown revitalization projects; consequently, funds for these
improvements were not budgeted. It was a mistake. Councilwoman Felton said staff knew they
were going to expand the streetscape. Mr. Percival said staff knew the streetscape would be
extended at some point, but they did not have enough grates purchased for the expansion.
FairWeather Site Furnishings is the supplier for the tree grates currently used downtown. He
noted the grates are custom made and have the raised lettering “Xenia - 1803 - Ohio.”
emergency an Ordinance to appropriate $16,220.00 into account 233-1443-55599 (Improvements Other)
for the purchase of tree grates for the downtown streetscape.
emergency an Ordinance waiving competitive bidding and authorizing the City Manager to issue a
purchase order to FairWeather Site Furnishings for the purchase of 18 tree grates in an amount not to
exceed $16,220.00.
Mayor Pennewitt asked how many tree grates would be purchased and if they would also rust
like the ones they already have. Mr. Percival said 18 tree grates would be purchased and yes,
they would rust. The tree grates are supposed to rust, which is the patina. Vice President Miller
said the patina is simply the rust on the surface that can protect against continuing corrosion and
provides a protective barrier against further deterioration.
Councilman Louderback said he had the same concern as the Mayor. He asked if the tree grates
were rusted when delivered. Mr. Percival said no because these tree grates are new since they
will be stamped with “Xenia 1803 Ohio.” However, as they are exposed to the elements, they
will rust. He was told it would not work to paint them with black lacquer.
Councilwoman Mills asked if the 18 tree grates would finish the downtown area streetscape.
Mr. Percival said he did not think so. If they go all the way down to Third Street or further on
W. Main Street, more tree grates will be needed. The 18 tree grates will finish the downtown
streetscape on E. Main Street from Whiteman to Collier. Councilwoman Felton said that area
has nothing to do with Detroit Street. Mr. Percival said they already have tree grates in stock to
finish Detroit Street.
Mr. Merriman said this allotment will allow them to finish everything that is currently in process,
which includes everything that was included in the stimulus package for E. Main from Whiteman
to Collier. Federal funds will cover the cost of all the improvements, except for tree grates for all
newly installed trees. Various other trees in extended areas of the downtown (areas not part of
the current streetscape plan, but within close proximity) have been removed because of their size
and/or condition. Those new trees also require grates for the tree wells. The delivery time from
the placement of the order is about 14 weeks; therefore, staff is requesting passage of the
ordinance as an emergency in order to get these materials installed before late fall.
Councilwoman Felton asked if staff should have ordered them before now. Mr. Merriman said
they did not anticipate the stimulus project. Further as Mr. Percival stated, it was a lack of
communication between the Engineering Department, who actually submitted the grant, and the
Public Service Department, who physically does the work.
Councilwoman Felton said she understood using stimulus money to install tree grates from
Whiteman to Collier. What bothers her is that two or three years ago money was budgeted to
improve the streetscape from Main to Church Street, and it is still not done. Mr. Merriman said
that has been started. Mr. Percival said staff has been under contract with DP&L since last fall.
Councilwoman Felton said the area was not done two years before that time. Mr. Percival said
he was not the City Manager two years ago. Councilwoman Felton said she realized that, but she
was upset that area has never been done. Mr. Merriman said when he was hired as Assistant City
Manager, he recalled a conversation about two sections being done, and completing the third
section since money was appropriated in 2006 or 2007, which was then done. Vice President
Miller said this was an issue before Mr. Merriman was hired. Council requested that the City
Manager at the time complete the project, but he would not do it.
Councilwoman Mills asked the life expectancy of the tree grates. Mr. Merriman said he was told
the tree grates would last long after he is dead. Councilwoman Mills asked how they would
continue to expand the streetscape project with the grates that have the raised lettering “Xenia
1803 Ohio” if the company goes out of business. Mr. Merriman said that is a good question;
FairWeather Site Furnishings is considered a sole source vendor for these grates due to the
necessity of matching the existing grates already installed in the Downtown area. Vice President
Miller said any business can create a die cast with “Xenia 1803 Ohio” for an additional fee. This
vendor just happens to be the vendor the city contracted with initially to create the original die
cast.
Nays: None
motion carried.
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR
THE PURCHASE OF TREE GRATES FOR THE DOWNTOWN STREETSCAPE PROJECT,
Nays: None
motion carried.
Nays: None
motion carried.
Items for the City Manager: Councilwoman Mills said one citizen told her they would
like to see another bicycle rodeo held at Xenia Station similar to what was done a few years ago.
Bicyclists rode through cones, heard a speech on bicycle safety, and children received free
bicycle helmets. She assumed the bike rodeo was paid for through a grant or sponsor(s). She did
not know who she should contact in order to move forward. Mr. Lewis said the Rotary Club
sponsored the bike rodeo. If Councilwoman Mills would like to submit something to him, he
offered to submit it to the Rotary Grant Board. He agreed the rodeo held several years ago was
very nice.
Councilman Louderback asked for an update on the Hooven & Allison (H & A) clean-up.
Mr. Percival said on Monday, June 29th at 7 p.m. in City Council Chambers, they will have a
public meeting for the city’s grant request for the $300,000 for Phase II of the H & A clean-up.
Anyone in the city is invited to attend the meeting, especially those businesses and residents who
live in that area. The public meeting is required as part of the request to receive the $300,000.
Mr. Percival noted the retail site assessment from Buxton has been completed. The 75-page
report is available in the Council office for their review. He offered to make copies of the retail
site assessment portion of the project for anyone who would like one.
Councilman Louderback asked for an update on the city’s paving schedule. Mr. Percival said the
paving schedule would be on the agenda for the next Council meeting. Staff will finish the
sections of Laynewood that were not finished last year. Wimbledon Drive (off Lower
Bellbrook) will also be paved because it has never been resurfaced or repaved. There was
$150,000 budgeted for paving. Much to his dismay, the paving costs did not decrease this year
so they could do a lot more street paving. However, even though petroleum costs are down, the
costs for asphalt and emulsion did not decrease. The schedule will be provided when the bid is
awarded. Councilman Louderback noted the new process costs 40% less. Mr. Percival said that
was correct, and the new process worked. The roads did not experience reflective cracking and
have held up well. They will continue to use the fiber mat and microsurfacing.
Councilman Caupp asked if the public meeting on H & A scheduled for Monday, June 29th was a
special session for Council. Mr. Percival said it is not a Council meeting—it is simply a public
meeting. Council does not necessarily have to attend. It is a public meeting to hear comments
from the public about the project. Councilman Caupp asked Mr. Percival to ask the City Clerk to
send an e-mail to remind Council about the meeting. Mr. Percival agreed to do that. He will
also mention it at the next Council meeting.
Councilwoman Felton recognized that some Wimbledon Drive residents spoke to Council about
paving the(ir) road. However, she called Mr. Merriman about the poor condition of Sutton Drive
by Shawnee Elementary School; there are holes in the pavement. Mr. Merriman said he, the City
Engineer, and a few staff looked at Sutton Drive, and they talked with the City Manager. Given
the city’s budget, they wanted to focus on the area they started to pave last year in order to
complete it. Mr. Percival said Wimbledon Drive also has holes. He did not look at Sutton Drive,
but he will make sure the potholes are filled. Councilwoman Felton said Wimbledon Drive is
not as bad as Sutton, Drummond, or other streets she has mentioned. She understood what the
Wimbledon Drive residents want and appreciated them coming before Council. Given the
limited amount of money available, she felt the streets with potholes should be a priority as well
as streets near schools. She asked staff to look at Sutton Drive one more time. Mr. Percival
agreed to do that.
Based on Mr. Bazelak’s recent tax budget report, Councilwoman Felton asked when Council
would meet with staff to discuss the current budget and where our finances are right now. Even
if the Renewal Levy passes in August, the city will not have enough money [to balance the
budget]. They need to do something now and not wait until later. Mr. Percival said he would
work with President Propes on a time they should meet. Councilwoman Felton asked if Council
agreed. President Propes said on Monday he would discuss scheduling a meeting.
Vice President Miller said he received a comment from one citizen about the trees that were
removed by two buildings in the downtown area. The citizen wants his trees back. Councilman
Louderback said he had the same conversation. Mr. Percival said the trees would be replaced in
the area beside Eichman’s, which is a city walkway. Vice President Miller said he liked the way
the area looks because it is nice and open. Mr. Merriman said staff began working on that as part
of the 2009 budget. What is there now is not the finished product. Last Saturday they had an
extraordinary turnout for Volunteer Day and a lot of work got done by local cheerleaders and
staff. The trees were removed due to the number of complaints they received about the
overgrowth, lack of lighting, and safety concerns on the walkway. There were concerns about
the maturity of the trees and that the tree roots were beginning to damage the brick and cement.
Those trees are being replaced with a different species that are healthier and more appropriate for
the downtown area. Vice President Miller said he likes the way it looks now and it is much
safer.
Schedule of Bills: Ms. Steck presented payment of bills totaling $202,311.00.
Motion by Councilman Caupp, seconded by Vice President Miller, to approve payment of bills
Nays: None
motion carried.
Items for the Finance Director: Ms. Steck congratulated Assistant Finance Director,
Ryan Duke and his wife Erika on the recent birth of their son, Witten Lowery, who was born last
Thursday, June 4th.
As Councilwoman Felton alluded to earlier, Councilman Louderback said Mr. Bazelak made a
chart about income tax collections through May 2009, which is down 5.8%. Since 1985, the
chart indicates the city has not been in this bad of shape. Translated into dollars, that is a
$204,000 negative. He urged citizens to support the city’s Renewal Levy that will not increase
taxes. For the first time since he has been on Council, he is gravely concerned about the city’s
financial situation.
ORDINANCE WAIVING COMPETITIVE BIDDING AND AUTHORIZING THE CITY
MANAGER TO PURCHASE TWO (2) LIFE PACK 15 CARDIAC MONITORS FROM
PHYSIO CONTROL FOR THE XENIA FIRE DIVISION, and it was read for a second time.
Nays: None
motion carried.
Mr. Lewis presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT
AN EASEMENT TO THE DAYTON POWER & LIGHT COMPANY FOR THE PURPOSE
OF RELOCATING EXISTING TRANSMISSION POLE LINES ALONG THE CREEKSIDE
TRAIL BIKEPATH, IMMEDIATELY EAST OF HAWKINS ROAD, FOR IMPROVED
ACCESS AND MAINTENANCE, and it was read for a second time.
09-O be now passed. Brief comment followed. Vice President Miller reiterated that they need to
contact DP&L and ask them for assistance in moving the existing poles at West Side Park
because they are in the wrong location. The Roll on this was the following:
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE AMENDING ORDINANCE 09-13 TO MAKE
OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009 (for
SCBAs), and it was read for a second time.
Nays: None
motion carried.
Mr. Lewis presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A LEASE CONTRACT WITH SECURITY NATIONAL BANK FOR THE PURPOSE
OF FINANCING THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS,
Motion by Councilman Caupp, seconded by Mayor Pennewitt, that Resolution Number 09-P be
now passed. Brief comment followed. Councilwoman Felton asked for a copy of the debt
service schedule for the city since she does not have a current copy to review. Mr. Percival said
he would provide that. The Roll on this was the following:
Nays: None
motion carried.
there is a rumor going around town that it is partially Council’s fault that the Dairy Queen is not
coming to Xenia. He checked with the City Planner. Due to confidentially, he can only tell the
citizens that representatives from the Dairy Queen are still talking about coming to Xenia. There
is no truth to the rumor that the Dairy Queen is not coming. Penny Fox of Fox’s Antiques
thanked the city for its cooperation in helping make the Antique Road Show that she coordinated
a success, which was held at Shawnee Park on May 23rd.
Councilman Caupp said he contacted Denise Adams, President of the Citywide Cheerleading
group, and asked if she would be willing to ask the cheerleaders to volunteer for the city’s
Volunteer Day last Saturday. She stated she would love to help the city and was able to get
many cheerleaders to volunteer to plant flowers. This is an organization the city has awarded
grants to in the past. In return, the organization ‘stepped up to the plate’ and helped the city.
The organization used to rent gym time in Beavercreek. They recently established their own
gym in one section of the building at Spring Valley Gardens in Xenia Township. They are
offering tumbling classes and other classes that are open to the public to help pay for the facility.
They remodeled the facility, painted it, put their mats down, and it really looks nice. He thanked
Denise Adams and the Citywide Cheerleaders for all their help last Saturday.
Councilwoman Mills said she also attended Volunteer Day last Saturday and the turnout was
amazing. It was great to have the community pull together to volunteer their time at 9 a.m. on a
Saturday when they could have chosen to stay in bed. She saw members of staff from Planning
and Zoning, the City Manager’s office, the Finance Department, Parks and Recreation
Department, and the City Service Center. She also worked with downtown merchant, David
Craig, many cheerleaders, and their parents. Many staff brought their family members, which
was refreshing to see. She thanked all the volunteers. Hopefully next year, even more people
will participate. She also thanked Greg Henderson, Greene Memorial Hospital President. On
Tuesday, she and Mayor Pennewitt took a tour of Greene Memorial Hospital and saw the new
Cardiac and Interventional Imaging Lab that will be open in a few weeks. It is a big plus for the
area and for GMH. It was hard losing the Birthing Center, but many people decided to go out of
town for birthing. She was pleased to see GMH take a new approach and expand in Xenia.
Vice President Miller said former City of Xenia employee, Karla Taylor, said to tell everyone hi.
She has a great spirit and her health is slowly improving. He said his brothers, his 11 year old
son Daniel, and he plan to walk 40 miles on the Appalachian Trail (AT) next week. The AT is a
unit of the National Park Service and is the nation's longest marked footpath at approximately
2,178 miles. It runs from Maine to Georgia and would take 5 million footsteps to walk it in its
entirety. The AT was simply an idea until Benton MacKaye proposed the idea of the Trail that
came to fruition in 1937. More than 6,000 volunteers contribute about 200,000 hours to the
Appalachian Trail every year. The Appalachian Trail Conservancy is a volunteer-based
organization dedicated to the preservation and management of the natural, scenic, historic, and
cultural resources associated with the Appalachian National Scenic Trail in order to provide
primitive outdoor recreation and educational opportunities for AT visitors. It is an outstanding
adventure and something everyone should have the opportunity to enjoy like he did last year
because it can be a life changing experience.
Mayor Pennewitt gave the following Mayor’s report for May containing 41 events, which are not
all the events she attended.
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5/1
5/1
5/1
5/2
5/2
5/3
5/4
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5/6
5/7
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5/8
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5/10
5/14
Legislative Breakfast @ Greene Country Club
Mayor’s Breakfast meeting
Ribbon cutting @ Beyer’s Jewelers
Club X tournament @ Old Springfield Pike location
Call to Duty ceremony in Dayton
Jerry Mahan’s reception @ Greene County Fairground
Crossfire Ranch Project/Darlene Sherer
Armed Forces Day luncheon @ Springfield
Prayer Breakfast @ Greene Memorial Hospital
Greene County Day of Prayer at Greene County Courthouse
Volunteer luncheon @ Cox Elementary School
Night of Champions @ Legacy Ministries
Mayor’s Prayer Breakfast @ Legacy Ministries
Kite Day @ Tecumseh Elementary School
Payne Theological Library Open House & Dedication @ Wilberforce
YRC’s opening day in Xenia
Presented Key to the City to Dr. John Garland & attended Central State University
commencement
Attended AME Church in Xenia
Ribbon cutting @ Hospice of Xenia
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5/14
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5/27
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5/27
5/28
5/31
Toast of the Town @ Anderson Williamson Insurance in Xenia
Met with Doug Cowens
Community Action @ Shawnee Park
Women’s Recovery Fundraiser in Xenia
Flag Dedication @ Xenia Grace Chapel
Xenia High School Baccalaureate
Senior Citizens’ Day @ Greene County Fairgrounds
Cultice book signing @ Greene Memorial Hospital
Attended DARE graduation @ Cox Elementary School
Mayor’s Breakfast set-up @ Legacy Ministries
Students’ project viewing @ Simon Kenton Elementary
Mayor’s Breakfast @ Legacy Center
Attended Middle Run Baptist Church service
Photo-op: Greene Memorial Hospital receipt of Kettering Health Network’s Gold
Level Award given by the Ohio Partnership for Excellence
Ribbon cutting @ Ollie Davis Medical Arts in Beavercreek
Volunteer Recognition Luncheon @ Tecumseh Elementary School
Attended Evangelical United Methodist Church in Xenia
President Propes said he also attended the “Call of Duty” ceremony at the Dayton Masonic
Lodge and was surprised to be asked to come onto the stage. The ceremony was tremendous. It
was good to see those men and women heading out with such high spirits. They wished them
well. Please keep them in mind as they work hard for our freedom. He asked citizens to watch
out for children since many schools are no longer in session. He thanked his children’s teachers
for the excellent job they did this year.
Councilman Louderback noted the next “Music in the Park” is Sunday, June 14th at 6:30 p.m.
featuring Jimmy Baker and the Blues Encounter.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
June 25, 2009
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on June 25, 2009, at 5:30 p.m., in the First
Floor Conference Room, City Hall, with the following members present: John Caupp, Dale
Louderback, Jeanne Mills, Patricia L. Felton (via conference call), Phyllis A. Pennewitt, and
Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Councilman Caupp, to meet in Executive Session
to discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
Propes.
INVOCATION: Pastor Dave Pollen, Zion Baptist Church, gave the invocation after which all
Motion by Mayor Pennewitt, seconded by Councilman Caupp, to excuse Councilwoman Felton
Nays: None
motion carried.
to approve the June 11, 2009, Regular Session minutes as written. No discussion followed. The
Nays: None
motion carried.
XCC Meeting Minutes, June 25, 2009, Page 2
Mayors & Managers: Mayor Pennewitt said Mayors & Managers did not meet.
met in Dayton on June 4th. It was a long but productive meeting. MVRPC is one of six agencies
across Ohio designated by Governor Strickland to perform water quality planning in
metropolitan areas and will be doing an area wide water quality study. MVRPC is a designated
water planning control agency for Darke, Greene, Miami, Montgomery, and Preble Counties.
There was some new funding for 2010 in the amount of $232,360. Of that amount, $127,000
was Stimulus money, which is something this area has not seen much of lately.
met on June 11th to further discuss the Banner Sponsorship Program for downtown Xenia. The
Board hopes to have a sponsorship letter approved at the July 14th meeting. The goal is to hang
banners in the downtown area by Old Fashioned Days. Tim Harner of Studio B Signs attended
the meeting and described the various types of banners, quality, costs, and fabrics available. It
was quite an informative presentation. The Board took a recess to look at various banners and
brochures. She dropped off information to Mr. Harner who will prepare a few designs to present
to the Board for approval at the next meeting.
Councilwoman Mills noted the following upcoming activities:
Picnic in the Park – Sunday, June 28th from 4 p.m. until 8 p.m. The Greene County Adult Band
will perform. The proceeds from food sales will support Kiwanis Scholarship Programs.
Ray James Summer Slam – Saturday, July 4th. More information on activities can be found on
the city’s website.
6th Annual Greene County Summer Family Fitness Challenge – Wednesday, July 15th at Shawnee
Park beginning at 12:30 p.m. For more information, please call 374-5661. The event is
sponsored by the Greene County Combined Health District. There will be fitness stations,
information booths, healthy snacks, a challenge passport, and free prizes.
Summer Park Program began last week. The registration fee is $5.00 per child per week or
$25.00 maximum for a family per week. Lunch is provided by Xenia Community Schools from
June 22 through July 17. Registrations are accepted on site or at the Parks and Recreation Office
on Towler Road. Great staff is available to work with the children so they can have a wonderful
time.
Summer camp opportunities are available at different park locations in Beavercreek and Xenia,
such as volleyball, T-ball, soccer, basketball, and softball. If interested, please call the Xenia
Parks and Recreation Department or visit the website at www.youth-fitness-academy.com.
Councilwoman Mills said this year two students came forward who showed an interest in being
appointed to BRACA as its student liaison. Mr. Kyle Hatfield and Mr. Aaron McClanahan, both
Xenia High School seniors, have attended recent meetings to learn more about BRACA and its
duties and responsibilities. Kyle Hatfield then submitted a letter of interest expressing his desire
to be appointed to BRACA. He is involved in many activities and is an outstanding student.
Xenia High School Principal Reinhold Finkes fully endorses Mr. Hatfield’s appointment. She
noted a letter of interest was not received from Mr. McClanahan.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to appoint Mr. Kyle Hatfield as
an ex-officio member of the Board for Recreation, Arts, and Cultural Activities with a term
beginning on July 15, 2009, and expiring on July 15, 2010. Brief comments followed.
President Propes said it was good to see young adults getting involved and it was nice that
Mr. Hatfield asked to be appointed to the Board. Councilman Caupp commended Mr. Hatfield
for maintaining a GPA of 4.5 throughout his high school career. That is very impressive.
Councilwoman Mills agreed, which is why she shared Mr. Hatfield’s letter with Council.
Nays: None
motion carried.
Councilman Caupp shared that Councilman Louderback is one of three people running for guest
conductor at the Kiwanis “Picnic in the Park.” The winner is decided by the amount of
donations received. He noted checks can be mailed to Key Bank.
ITEMS FROM CITY COUNCIL AND MAYOR:
Reappointment of two members of the Board of Zoning Appeals. Mayor Pennewitt
said C. Cameron Streutker’s and C. Richard Sutton’s terms on the Board of Zoning Appeals
expired on April 11, 2009. The City Clerk’s Office notified each member of his term expiration,
and both gentlemen have expressed an interest in being reappointed for another term.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to reappoint Mr. C. Cameron
Streutker and Mr. C. Richard Sutton to the Xenia Board of Zoning Appeals with term expiration
dates of April 11, 2013. Brief comment followed. Councilman Louderback thanked everyone
who volunteers their time for the city, which is greatly appreciated by Council.
Nays: None
motion carried.
UNFINISHED BUSINESS: President Propes asked for an update on the following items:
Providing customers with information regarding receiving a credit on their sewer
bill after filling their swimming pools. Mr. Bazelak noted the Accounts Receivable Manager
discussed the process of applying for a credit for filling a swimming pool at the last XCC
meeting. She subsequently put that information on the city’s website.
(Getting New) Swans at Shawnee Park. Mr. Percival said he contacted Mr. Otis Day,
the gentleman who provided swans to the city the first time they were purchased in 2005. He
also called Nocks and Redmoon Farms. The cost for swans from Mr. Day is $1,000/pair. The
cost from Nocks was $600 each for year-old swans. The cost from Redmoon Farms was $2,400
for a pair of adult swans and $800 each for yearling swans. They will continue to look into that.
Definition of Commercial Vehicle. Mr. Percival noted the Law Director provided the
definition of “commercial vehicle” and the state law regarding commercial vehicles on roads.
He and Mr. Lewis discussed this. He will further investigate it, but they should be able to bring
this to culmination within the next few weeks.
Radio-Controlled Car Park and BMX Track. Mr. Percival asked Councilwoman
Mills to discuss the item. Councilwoman Mills said she was at a bit of a disadvantage at the
June 11th XCC meeting because she was only able to address the issue from memory. She went
home and pulled previous BRACA and XCC minutes. At the June 11th meeting, Vice President
Miller stated “Following the presentation from BMX, BRACA took no action,” which was untrue.
At the May 25, 2006, XCC meeting during “Reports of Committees,” it was reported that a
motion was passed stating that BRACA is not opposed to the concept of a BMX track at this
time or in the future, but currently is in favor of putting the project on hold to do other priorities
such as the skate park. Another item discussed on June 11th was whether the BMX track would
be open or closed to the public. During the March 14, 2006, BRACA presentation, Ms. Dana
Smith (BMX representative) stated, “Open tracks are an option; BMX would build it and if
Xenia would like to open it to the public on non-event days, that is fine, but they would not offer
insurance coverage on those days. Another option is to have the Xenia Parks and Recreation
Department run the facility, although the program is normally run by parent volunteers.
Ms. Stafford asked if the City has an open track, if the maintenance would be the City’s
responsibility. Ms. Smith said that would be true because riders might use the track following
inclement weather which could result in damage to the track. If the track was closed, BMX
would do the maintenance. Councilwoman Mills asked how it could be kept as a closed track.
Ms. Smith said if the City wanted a closed track, it would have to be fenced in and signs posted
indicating it is a closed track for use by members only.”
At the May 9, 2006, BRACA meeting, Reggie Jackson, the head of Wee Bucs (XYAA) raised
concerns about the cheerleaders and football players using West Side Park as a practice field.
There were also concerns raised about the how the additional traffic, noise, and dust would affect
the neighborhood. At that meeting, a motion was passed that stated, “BRACA is not opposed to
the concept of a BMX track at this time or in the future, but currently is in favor of putting the
project on hold due to other priorities and investigation of the environmental affect, noise,
increased traffic, and use of West Side Park for football practices.”
Councilwoman Mills noted, since Councilman Caupp and Councilman Louderback would not
have copies of the 2006 BRACA and XCC minutes, she offered to share copies with them or
anyone else. She also brought all the BMX information from the BRACA 2006 meeting.
Emergency Appropriations Ordinance for replacement of vandalized playground
equipment at Shawnee Park. Mr. Percival noted on May 16, 2009, Xenia Fire Division crews
responded to a fire in the playground area of Shawnee Park, which they determined was due to
arson. As a result of news coverage, the city was fortunate to receive donations from Faith
Community Church, the Xenia Post Office, the Rail & Arts Fest Committee, and the Fraternal
Order of Eagles. He thanked the various entities for donating enough money to replace the
equipment destroyed in the fire, to replace equipment previously vandalized, and to purchase
additional mulch for the playground area.
Mr. Percival respectfully requested that Council waive the second reading of an Ordinance at
two consecutive meetings and approve as an emergency an ordinance appropriating $5,000 for
the purchase of replacement equipment at Shawnee Park.
Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE 09-13 TO
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that the rules requiring the
placed at once upon its passage. Brief comments followed.
Mayor Pennewitt said she was touched by the expressions of people’s concerns in Xenia. She
received telephone calls asking her to pick up money that they wanted to donate. Citizens are
concerned about the vandalism at Shawnee Park, which is costly to repair. When it costs the city
money, ultimately it would have cost the citizens money to repair the vandalism had it not been
for the generous donations received. She thanked the citizens and organizations for the
donations, which are truly appreciated. Councilman Louderback said he had no sympathy for
anyone who vandalizes property. He agreed with using webcams to catch the vandalism on film,
as suggested by Councilman Caupp at the last Council meeting. We need to get tougher on
crime to catch and prosecute those vandals.
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that Ordinance Number 09-44
Nays: None
motion carried.
Emergency Appropriations Ordinance and Award of Bid for 2009 Street
Resurfacing Project. Mr. Percival said earlier this year, they requested bids for the annual
street resurfacing project. Listed below are the streets that will receive surface treatment:
o June Drive (Tackett Dr. to W. Second St.)
o Rockwell Dr. (Cato Dr. to Kylemore Dr.)
o Kylemore Dr. (June Dr. to Massie Dr.)
o Wimbledon Dr. (Bellbrook Ave. to Commonwealth Dr.)
The street program for 2009 has $150,000 allocated for street maintenance. There was only one
bidder for this project, Strawser Construction, Inc., who is also the only qualified contractor in
the state for this process. Strawser’s bid amount was $163,795.58. In addition to the $150,000
in the budget, the 228 fund has another $13,796 available.
Motion 1: Waive the second reading of an ordinance at two consecutive meetings and approve as an
emergency an Ordinance to appropriate $13,796.00 into account 228-5102-55508 for the 2009 Street
Rehabilitation Project.
Motion 2: Award the bid for the 2009 Street Rehabilitation Project to Strawser Construction, Inc. and
authorize the City Manager to execute a contract with Strawser Construction Inc. in an amount not to
exceed $163,795.58.
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
STRAWSER CONSTRUCTION, INC., FOR THE 2009 STREET REHABILITATION
PROJECT, AND DECLARING IT TO BE AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, to award the bid for the
2009 Street Rehabilitation Project to Strawser Construction, Inc., and authorize the City Manager
to execute a contract in an amount not to exceed $163,795.58. Brief comment followed.
Councilman Caupp said he recently drove on some of the streets where Fiber Mat and
Microsurfacing were used last year and was surprised how much better the streets looked after
one year than they did right after the project was completed. Of course, the streets do not look as
good as they would with a fresh coat of blacktop, but it is the best they can do at the present
time. Mayor Pennewitt noted the method used in last year’s street rehabilitation program is
capable of stretching the useful life of the pavement about 7 to 8 years. The Roll on this was the
following:
Nays: None
motion carried.
Emergency Resolution to submit application for a grant to fund a 20-inch
Transmission Water Main. On Monday, June 15, 2009, the City Manager’s Office received
notification from the Ohio Department of Development (ODOD) that approximately $11.6
million has become available for water and sewer projects through the American Recovery and
Reinvestment Act Community Development Block Grant Program. The 20” water main that
traverses along U.S. 68 from the city’s Water Treatment Plant to just south of Kinsey Road has
been a top priority for City Council for the last few years. They applied for other forms of
Stimulus Funding but were not awarded this project. Staff and Council feel it is critical that this
project be completed, and this is another opportunity to apply for funds to help in completion of
the project.
Mr. Percival respectfully requested that Council pass an emergency Resolution for the City
Manager to submit an application for funding through the American Recovery and Reinvestment
Act Community Development Block Grant Program for the construction of a 20-inch
transmission water main and accept the grant if awarded.
Mayor Pennewitt presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION FOR FUNDING THROUGH THE AMERICAN RECOVERY
AND REINVESTMENT ACT COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR THE CONSTRUCTION OF A 20-INCH TRANSMISSION WATER MAIN,
ACCEPT THE GRANT IF AWARDED, AND DECLARING IT TO BE AN EMERGENCY.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, that Resolution Number
09-Q be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for Road Salt. Mr. Percival said salt bids were received through the
city’s participation with Southwest Ohio Purchaser’s for Government (SWOP4G) on June 2,
2009. The City of Xenia requested 1,000 tons as its part of the bid. Last year, Xenia was
fortunate to receive a decent road salt bid when many surrounding communities either did not get
bids or received bids in the $150/ton range. Cargill was this year’s low bid at $63.68 per ton.
This is $5.00 per ton lower than last year’s bid.
Mr. Percival respectfully requested that Council award the purchase of road salt to Cargill, Inc.
in the amount of $76,416.00 for up to 1,200 tons of salt for the 2009 - 2010 winter season.
Currently, there are about 1,000 tons of salt in the bin. This past year they were able to save
almost $100,000 by using a combination of salt, calcium chloride, and beet juice, and will
continue to look for ways to be the most efficient but still effectively treat the winter storms.
Motion by Councilman Louderback, seconded by Vice President Miller, to award the purchase
of road salt to Cargill, Inc. in the amount of $76,416.00 for up to 1,200 tons of salt for the 2009 2010 winter season. Discussion followed.
Councilman Louderback asked if beet juice would be still be used and how much was left from
last year. Mr. Percival said beet juice and calcium chloride would be used, but he was not sure
how much beet juice was left. Councilman Louderback asked if beet juice was effective.
Mr. Percival said beet juice works great when the temperature is at or below zero. Salt alone
works when the temperature is in the low 20’s or teens. Beet juice really cuts through the ice.
Nays: None
motion carried.
Mr. Percival noted on Monday, June 29th at 7 p.m. in City Council Chambers, there will be a
public meeting for the city’s grant request for the $300,000 for Phase II of the Hooven & Allison
(H & A) clean-up. Anyone in the city is invited to attend. The public meeting is required as part
of the request to receive the $300,000. This is an extremely important meeting for anyone who
desires to comment on the H & A clean-up.
Items for the City Manager: Councilman Louderback asked for a brief comment from
Mr. Percival on the current Streetscape Project. Mr. Percival said the current Streetscape Project
on N. Detroit Street is the third phase of the project that was approved by Council three to four
years ago. The South Detroit Street part of the project has been completed and parts of the
project on East and West Main Streets have been completed. They are replacing the street trees.
Per the arborist, many of those street trees have a lifespan of 25 to 30 years and needed to be
replaced. Reddy Electric has a contract with Dayton Power and Light to directional bore and
install new street lights. The big cobra lights will be removed and individual streets lights will
be installed. That part of the project will be completed by the end of July. Tree grates and trees
will be installed this fall, because they do not do well when planted in mid-summer. Japanese
Zilcoba flowering trees (that grow well close to the street) were purchased for this part of the
project last fall. However, DP&L could not get to the project due to the September 2008
windstorm. The entire project should be completed by October 2009.
Motion by Vice President Miller, seconded by Councilman Louderback, to approve payment of
bills totaling $768,742.91. Discussion followed.


Page 2 - Mayor Pennewitt noted $2,340 was spent at Badger Meter Inc. for meter reading
training. She asked if additional training was needed because new staff was hired or if the system
had been updated. Mr. Bazelak thought staff needed additional training on the new hand-held
devices; however, he would check into it.
Page 3 – Councilman Caupp asked if Business Equipment Company was a new paper supplier.
Mr. Bazelak noted the paper was purchased by the Police Division, but he was not sure if
Business Equipment Company was a new paper supplier. Mr. Percival said they would check.
Nays: None
motion carried.
Introduction of an Ordinance Amending XCO Chapter 298: Fee Schedule Relative
to a Parade Fee: Mr. Lewis said when the Fee Schedule was amended in May 2008, the fee for
a parade was changed from $104.00 to $107.00. The fee was not changed in November 2008,
when the remainder of the fee schedule was amended. However, this amount does not accurately
reflect the current costs incurred by Public Service, the Police Division, or the Fire Division.
Normally, Council holds public hearings for changes to the entire Fee Schedule. Since this
amendment is only changing one item on the Fee Schedule, staff recommends Council waive the
public hearing.
Mr. Lewis respectfully requested that Council entertain the following:
Motion 1. Waive the public hearing on the fee schedule.
Motion by Councilman Caupp, seconded by Mayor Pennewitt, to waive the public hearing on an
amendment to XCO Chapter 298: Fee Schedule. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
Motion 2. Introduce the ordinance amending XCO Section 298.01 of Chapter 298 Fees to
increase the fee for parades from $107.00 to $400.00
Vice President Miller asked if Mr. Lewis would prefer that the ordinance be passed as an
emergency. Mr. Lewis said that was not necessary.
Vice President Miller introduced an ORDINANCE AMENDING PART TWO ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298: FEE SCHEDULE OF
THE CODIFIED ORDINANCES OF THE CITY OF XENIA, and it was read for the first time.
Councilman Louderback clarified the $400 was for the application fee for a major parade not for
each individual float. Mr. Lewis said that was correct; the fee is for the entire parade and not a
fee for each individual participating.
Emergency Appropriations Ordinance for legal services associated with the
forfeiture of two parcels. Mr. Lewis said the Greene County Treasurer foreclosed on two (2)
additional parcels in Xenia for non-payment of delinquent property taxes. According to Chapter
5723 of the Ohio Revised Code, if the parcel has been advertised and offered for sale on two
separate occasions and there are no bidders, the parcel shall be forfeited to the state or to a
political subdivision, school district, etc. The Court notified the Law Department that the City
can petition for these parcels to be forfeited to the City. His staff contacted the taxing
authorities, and to date, most have waived the delinquent and current property taxes. The
deadline for petitioning the Court for forfeiture is July 3, 2009. The parcels are 476 E. Market
Street (49.5’ x 156’) and 978 E. Church Street (60’ x 180’). These lots are larger than lots
previously forfeited to the city and may have some marketability, because they are buildable lots.
Mr. Lewis respectfully requested that Council entertain two motions:
Motion 1. Authorize the Law Department to proceed with the forfeiture for these parcels.
Motion by Councilman Caupp, seconded by Councilman Louderback, to authorize the Law
Department to proceed with the forfeiture for these parcels. No discussion followed. The Roll
on this was the following:
Nays: None
motion carried.
Motion 2. Waive the second reading of an Ordinance at two consecutive meetings and approve as an
emergency an Ordinance appropriating $4,573.00 into account 361-1006-53114 for legal services.
Councilman Caupp presented an ORDINANCE AMENDING ORDINANCE 09-13 TO MAKE
Motion by Councilman Caupp, seconded by Vice President Miller, that the rules requiring the
Councilman Caupp noted the last paragraph on the first page of the agenda report states,
“Although we have moved to waive the Court costs on previous forfeitures, the Court did not
grant the motion; the City paid the Court costs.” He asked which Court denied the motion.
Mr. Lewis said the motion was made to the Greene County Common Pleas Court. It was
objected to by the County Prosecutor on behalf of the Clerk of Courts and the County
Commissioners. The Clerk of Courts is currently running in a deficit every year; essentially, it is
coming out of one pocket to pay the other. They are already running a deficit so the County
Commissioners are already subsidizing them; therefore, they asked that the Court costs not be
waived. Mayor Pennewitt said she wondered about the same thing. Mr. Lewis said initially
there was no resistance from the Judges, but there was an objection by the Clerk of Courts.
There was hope that they might be able to apply for some money through a federal program and
the County thought they would qualify for that. According to Ms. Crockett, they would not be
able to use those federal dollars for Court costs. Councilman Caupp thought that given today’s
economic times, you would think municipalities would not have to pay those costs to the Courts.
Mayor Pennewitt did not think it was fair because the city will still have to maintain the lots until
the property is sold. The city has already paid $11,752.21 for demolition and mowing fees for
those properties. Mr. Percival said their desire would be to dispose of the properties as quickly
as possible once they are turned over to the city so they do not accumulate more mowing fees,
etc. They hope the properties are transferred into private hands so the properties can generate
other income, or at least be maintained by someone other than the city.
Nays: None
motion carried.
Nays: None
motion carried.
ORDINANCE DECLARING CERTAIN CITY PERSONAL PROPERTY TO BE SURPLUS
AND AUTHORIZING SALE OF THOSE ITEMS, and it was read for a second time.
Nays: None
motion carried.
announced that the downtown merchants will be having “First Fridays” in downtown Xenia
beginning July 3rd from 5 p.m. until 8 p.m. There will be bands and a number of different events.
Let’s support the downtown merchants. He thanked Mary Ann Richardson, Finance Clerk, and
Gus Wade, a retired city employee, who have been weeding some of the city’s flower beds.
Court workers are no longer available to help maintain them. He visited CMS and B5 Systems
in Xenia, who do work for the military. CMS on Bellbrook Avenue is working on getting a $60
million contract. If they are successful, that will mean 40 new good paying jobs that start at
$17.00 per hour plus benefits, which is something desperately needed in Xenia. He would rather
have ten CMS or B5 Systems than one General Motors or NCR because we have seen what
happens to the big corporations – there is no loyalty there. If we can expand our existing
companies, that is what they should be shooting for.
Councilman Caupp had nothing further to share.
Councilwoman Mills wished everyone a “Happy 4th of July.” She reminded everyone that
nomination forms for Beautification Awards are available at City Hall by the front desk, by the
Utility Billing Department, at the City Service Center and may also be available on the city’s
website. Everyone is encouraged to nominate someone’s property that they think stands out in
the neighborhood.
Vice President Miller apologized for missing the Executive Session earlier tonight; he had a
family matter that needed his attention. He and his son, Daniel, enjoyed their trip on the
Appalachian Trail. Unfortunately, when they arrived at their destination, the Park Ranger stated
there had already been two bear attacks, so they had to cut their trip short. Nevertheless, they
had a wonderful time.
Mayor Pennewitt said she received a letter from WSU Physicians informing her that the Yellow
Springs Family Health Center will temporarily be moving to Greene Memorial Hospital on
July 31st. Their 50-year old building will be demolished and they may possibly build a new
building on that site. The move will temporarily generate a little more revenue for the city.
President Propes said earlier this year he received a promotion at work. While he truly loves and
enjoys serving the Xenia community [as a Council member and current Council President], due
to the pressures of his new job and the fact that he has three young children, he will not be
running for re-election in the fall. It has been a pleasure working with everyone in the city and
something he will truly miss. He will still be living in Xenia and will stay as involved as
possible. Mayor Pennewitt said President Propes would be missed.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilwoman Mills, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
July 9, 2009
Special Session
6:30 p.m.
The Xenia City Council met in a Special Session on July 9, 2009, at 6:34 p.m., in the City
Propes.
August Levy Preparation. Mr. Percival said he wanted to update everyone on the August levy
preparations. He assumed everyone knew that Eric Montgomery was going to be the Treasurer
of the Levy Committee. This week he was informed that because he is a stock broker, he is no
longer able to serve as a treasurer for any external organization. He thought Mr. Lewis said it
had something to do with the Bernie Madoff situation and the new FCC regulations. Mr. Lewis
said that was what he was told. The treasurer for an organization he belongs to also had to resign
because he is a stock broker. Apparently, it affects their ability to be licensed through their
brokerage house. They don’t want them to have control over non-restrictive funds.
Mr. Montgomery cannot be the treasurer for the Levy Committee; however, another person was
found this week. Due to that change, the signs were also delayed. Signs were purchased from
Trophy Sports, who was able to contact a company in Missouri to make the signs and the
treasurer’s designation was changed. Mr. Percival said Jackie Fuller, who volunteers on the
Xenia Civil Service Commission, agreed to serve as treasurer. The signs are ordered.
Mayor Pennewitt was surprised to hear the signs were just ordered. Councilwoman Felton said if
the signs had been ordered on time, they would have had a treasurer on them, which would have
made no difference except to re-file the paperwork at the Board of Elections. Those signs should
already be up. Mr. Percival said the signs had to have the correct treasurer’s name.
Councilwoman Felton said they did not know that at the time. The signs should have been
preordered and the name could have been changed and put up today. She used sticky notes to
change the name of the treasurer on her campaign signs. Those signs should have been in yards
this week. Mr. Percival said the 250 signs will be in yards on July 20 th. Mr. Lewis said
firefighters, police, and Service Center employees will go out in mass on July 20th.
Mayor Pennewitt clarified the signs would be in yards on July 20th. The point is there is very
little time to post the signs before August 4th. Mr. Percival said the signs would be posted for
[almost] three weeks. Councilwoman Felton said some people are already casting their votes via
absentee ballots. Mr. Lewis said fewer than ten people have actually voted. Councilwoman
Felton said she should receive her absentee ballot by Saturday or Monday. Mr. Percival said
they would check daily to see who requested an absentee ballot and those people will get a
mailing from the city regarding the Renewal Levy. Police officers, firefighters, and AFSCME
employees, along with a number of non-union employees, are going door-to-door to distribute
door hangers.
Mayor Pennewitt noted Election Day is Tuesday, August 4th. She asked how Mr. Percival came
up with three weeks. Mr. Percival said they would have the week of July 20th, July 27th, and the
weekend before August 4th. Mayor Pennewitt thought it would take two or three days to
distribute the signs. Mr. Lewis said all the signs would be up in one day since many firefighters
and police officers will be distributing them. Mayor Pennewitt said she hoped that was the case.
Mr. Lewis said he also hoped that worked.
Mr. Percival said the firefighters have already expressed a real interest in the door-to-door
campaign. The door hangers will be distributed in all the neighborhoods. Some Council
members have also expressed an interest in helping with the door hangers. Mr. Lewis got the
new list of all the registered voters so they do not waste their time going to houses with no
registered voters. All registered voters in all neighborhoods will get a door hanger.
Councilman Louderback asked who Council needed to contact to coordinate the distribution of
door hangers. Mr. Percival said he and Mr. Lewis would lay out the neighborhood maps and
would be the coordinators. Mr. Lewis said the FOP was supposed to contact him this afternoon
or tomorrow morning. Councilwoman Felton thought Council could not be involved in
distributing literature. Mr. Lewis said Council and the Elected Officials cannot be involved.
Councilman Louderback said he did not know that. Councilwoman Felton said they went
through that before. Council can talk about the levy but cannot distribute information door to
door. Councilman Louderback asked if he could promote passage of the levy. Councilwoman
Felton said yes, but he cannot distribute flyers door to door. Mr. Lewis said the Appointed
Officials are not supposed to do anything since they are technically on call 24/7. A number of
volunteers ordered the signs and worked to put the Levy Campaign together. Police officers,
firefighters, and other employees have come forward without being asked and offered to assist
with the campaign when they are off the clock.
Councilwoman Felton clarified Jackie Fuller could be the treasurer even though she serves on the
Xenia Civil Service Commission. Mr. Lewis said Ms. Fuller is a volunteer and is not paid for
her services. Mr. Percival said he asked Dave Spahr to be treasurer and he had agreed to serve.
However, since he is a precinct captain for the Board of Elections, they told him he was not
allowed to be treasurer.
Mr. Percival said he would be on WBZI the week after next and the day before Election Day.
There were two articles in the paper this week and hopes to have two articles every week through
August 4th.
Mr. Lewis said at the next Council meeting, they need to address the following things about
which citizens have voiced concerns:
(1) A number of people have commented that the city ‘must not be hurting for funds’ since the
downtown is being renovated.
(2) He heard comments at Rotary that the city must not be hurting for funds since they are looking at
putting in a BMX park. He realized no one stated they were putting in a BMX park, but that is
how it translated to the public.
(3) He also heard negative comments about the city spending $5,000 for two swans.
Councilwoman Felton asked if the signs were up. Councilman Caupp asked to which signs she
was referring. Mr. Percival said signs should be up tomorrow that state something like “These
improvements are paid for through _________,” so people will know the improvements on
N. Detroit Street are not being paid for with General Fund money.
Vice President Miller and Mr. Percival wondered how the story about the swans made the front
page of the Dayton Daily News. Sue Moning, writer for the Dayton Daily News [who was
present at the meeting], said she had no idea. She writes the articles but has no control over on
which page they are printed. Vice President Miller said it was his fault because he brought up
the swans and the BMX track. Mr. Percival said that is why it is critical to get into the
neighborhoods and get the door hangers distributed.
Mr. Lewis said everyone in the city should have two contacts. Everyone will get a non-political
flyer in their utility bill as well as a door hanger or someone at their door. Councilwoman Felton
asked when the door hangers would be delivered. Mr. Lewis said they could get the door
hangers in two days since they are being printed locally. It is just a matter of when they decide
to distribute them, which he thought should start two weeks before the election. Councilwoman
Felton thought the sooner the better. Mr. Lewis said not necessarily.
Councilman Louderback clarified Council can comment if they are contacted by the news media.
Mr. Lewis said absolutely. He can confirm that a Renewal Levy has been placed on the ballot
and that he is in full support of its passage. Councilman Louderback wondered what else
Council could do now. Mr. Percival said Council members could talk about the levy on camera.
He personally did not realize Council could not go door-to-door. Mr. Lewis said Council is not
supposed to be actively campaigning. Just like the flyer—they can share information on what
they would do with the levy money and what would happen if the levy does not pass, but they
cannot ask voters how to vote. He does not agree, but it is what it is. Councilwoman Felton said
Council can explain that it is a Renewal Levy, and if people have questions they can call her.
Mr. Lewis said they can say that passage of the levy would mean no new taxes and share all
kinds of information.
Mr. Lewis said firefighters would be visiting nursing homes to let them know the levy would
mean no new taxes, particularly for them since they do not pay property taxes. He noted nursing
home residents rely heavily on our services.
Councilwoman Felton thought any of the senior citizen places would be important to contact.
Mr. Percival said Chief Leaming has an appointment at Wright Cycle and John Sale Manor. He
already talked with the people at XARSC about posting yard signs. Councilwoman Felton said
yard signs cannot be placed at XARSC. Mr. Lewis asked why. Councilwoman Felton said
because of the government money, etc., that they receive. They previously made XARSC
remove political signs. Mayor Pennewitt said she remembered that. Mr. Lewis said XARSC
rents the property from the City. Vice President Miller asked if signs would be placed in front of
City Hall. Mr. Lewis said yes. Vice President Miller did not think signs would be prohibited at
XARSC since they lease the property from the city. Councilwoman Felton asked how signs
could be displayed on city property if no one present could work on the campaign and taxpayer
money cannot be spent on the campaign. Mr. Percival deferred to Mr. Lewis. Mr. Lewis felt
signs should be placed in all right of ways and at all city owned properties.
Mr. Bazelak noted the utility billing envelopes will have “Important Levy Information
Enclosed” in red on the outside of the envelopes to hopefully encourage people to read the flyer
inside. Councilwoman Mills said the Xenia Schools use colored paper for flyers instead of
white. Mr. Lewis said the flyer is printed in color.
Mr. Percival said he will be on WBZI and he talked to the folks at Channel 7 yesterday to make
sure they got a plug in for the Renewal Levy. He asked for other ideas on how to get
information out about the levy. Mr. Lewis thought it would be great if they knew someone who
could get the newspaper to print a bold headline that read “City Manager says passage of the
Renewal Levy means no new taxes!” Vice President Miller said, since the swan story was
front page news, maybe they can put that on the front page as well.
The special session was adjourned at 6:50 p.m.
Xenia City Council
Xenia City Council
Regular Session
July 9, 2009
7:00 p.m.
The Xenia City Council met in a Regular Session on July 9, 2009, at 7:00 p.m., in the City
Propes.
INVOCATION: Reverend Kenneth Moore, Pleasant Grove Missionary Church, gave the
APPROVAL OF MINUTES:
Motion by Councilman Louderback, seconded by
Councilwoman Mills, to approve the June 25, 2009, Executive/Regular Session minutes as
written. Brief comment followed. Mayor Pennewitt noted the invocation at the June 25th
meeting was given by Gary Chapman not Dave Pollen. The Roll on this was the following:
Abstain: Felton
Nays: None
motion carried.
SPECIAL PRESENTATION: Source Water Area Protection (presented by Jason Tincu,
Utilities Manager; Lisa Dawn, Water Treatment Supervisor; and Megan Marhelski,
MACTEC, an environmental engineering firm). Mr. Tincu thanked Council, staff, and the
community for allowing them the opportunity to present information related to a topic that is
vital to each and all of our health and wellness on a daily basis. The topic tonight is water, its
sustainability, and protection. Even though most people might take the availability of potable
water for granted, there is a large group of dedicated professionals that work tirelessly to protect
and sustain that resource. Please consider that as they go through tonight’s presentation. They
will discuss the City of Xenia’s Source Water Area Protection Zoning Changes (SWAP). The
session is for information only; Council will not be asked to take any action. However, the
request for provisions will have to be approved by the Xenia Township Trustees. These
provisions will be introduced later tonight at a Xenia Township meeting by the same folks who
will be doing the presentation tonight. He will be accompanied tonight by Lisa Dawn, City of
Xenia Water Treatment Supervisor, and Megan Marhelski and Paul Stork of MACTEC, an
environmental engineering consulting firm that works with the city not only on source water
protection but also landfill post closure care. He noted they have received feedback that they do
not educate the community and staff about this topic. Therefore, they will do that today.
City of Xenia Source Water Area Protection (SWAP) Zoning Changes
Request for zoning changes within Xenia Township
Session Outline
• What is water infrastructure?
• What parts make up the City of Xenia’s water infrastructure?
• What is the SWAP and what benefits does it bring?
• What are the proposed changes to the SWAP and why are they needed?
Water Infrastructure: Water infrastructure is the infrastructure, personnel and resources that supply,
treat, provide, collect, process, and move water through the community. A quote from the previous
USEPA Administrator, Steven Johnson, says “Water is the life blood of our bodies, our economy, our
nation, and our well being.” That quote defines the role of water in our culture and it is very important
that we protect that infrastructure.
How is water infrastructure funded? Water infrastructure is funded by dedicated enterprise funds
according to the Ohio Administrative Code. These enterprise funds are dedicated, self-supporting
funding mechanisms that support individual services through rates and fees designated as water, sewer,
and stormwater. Water infrastructure is funded solely by those enterprise funds and not tax dollars.
Source Water: The City of Xenia currently obtains its water supply from a buried aquifer in two well
fields located on the northern edge of Xenia (Old Town and Massie Creek well fields). Combined they
are able to produce the Water Treatment Plant’s designed capacity of 8 million gallons per day but they
also have the ability to produce 10 million gallons per day. The City has a good, sustainable water supply
that needs to be protected. Securing, sustaining, and protecting source water is the first and most vital
step in stabilizing a community’s existence and its continued enhancement and development.
Water Treatment: The Water Treatment Plant is located on St. Rt. 68 and rated at 8 million gallons per
day. It is an iron and manganese removal facility and classified as a Class III facility under the Ohio
EPA. The facility pumped over 1.2 billion of gallons in 2008.
Water Distribution and Elevated Storage: Water distribution is comprised of a network of piping that
extends over 135 miles ranging from 2” to 20” in diameter. It is also classified by the Ohio EPA as a
Class II system and has recently undergone leak detection analysis and various repairs. Elevated storage
tanks are often the first thing you see when you drive into a community. Those tanks serve multiple
purposes within water distribution. One purpose is pressure regulation and the other is to augment water
distribution supply during peak hours and maximum day demands and to provide adequate fire flow. The
City of Xenia has five (5) water storage facilities with a total capacity of 6 million gallons.
Municipal Water Use: In 2008, residential, commercial, and industrial users within the city used over 965
million gallons of water and produced over 845 million gallons of sewage.
Sewer Collection: Sewer collection is comprised of a network of piping and pumping stations extending
over 140 miles long ranging from 6” to 24” in diameter. It also classified by the EPA as a Class II
system. It is currently being analyzed and studied for excessive inflow and infiltration, which adds
unwarranted water volume into the collection system through pipe deterioration and cross connections.
Wastewater Treatment Plant (WWTP): The City of Xenia has two (2) WWTPs. One is the Ford Road
facility located on Ford Road. It is rated at 3.6 million gallons per day. The Glady Run WWTP on
Lower Bellbrook Road is rated at 4 million gallons per day. Both facilities are biological nutrient
removal facilities with ultraviolet disinfection and classified by the EPA as Class III facilities. Ford Road
is currently under the design stage of an improvement project dealing with regulatory and infrastructure
deficiencies.
Water Reuse and Recreation: These include fishing, canoeing, kayaking, ground water aquifer recharge,
downstream sources of water. The water discharged from the WWTP could end up being someone’s
source water downstream. The water goes straight from the Little Miami River, to the Ohio River, to the
Mississippi River, to the Gulf of Mexico. Everything downstream of us is affected by how we process
our water.
Source Water Protection: Megan Marhelski from MACTEC stated Source Water Protection is a federal
program that protects the source of drinking water from contamination. The source of drinking water is
also known as source water. Source water can be obtained from ground water, surface water, or a
combination of both. [In the picture below] the diagram on the left below shows a public water system
that is similar to the City of Xenia, which obtains its source water from ground water through the use of
production wells that pump ground water from the ground to the Treatment Plant and then into
distribution. The diagram on the right is an example of a public water system similar to the City of
Wilmington that obtains its source water from surface water through the use of a surface water intake that
would be installed into a lake, river, or stream. They then pump the surface water into their Treatment
Plant and then into distribution.
Source Water Protection Area (SWAP)
• Designated area around production wells to be protected
• Required to encompass five years of ground water travel time
• Also known as 5 year time of travel
• Determined by computer modeling and the collection of field data
Basic SWAP Diagram
The area inside the dashed line represents the protection area at the ground surface. The yellow area
represents the protection area in the ground water. Any ground water molecule in the yellow area will be
pumped into the production well. The Source Water Protection Area is defined by the five-year time of
travel boundary, which means ground water within that area will reach at least one of the production wells
within 5 years.
Councilwoman Felton asked how far it was. Ms. Marhelski said it is located in northern Xenia
Township. Mr. Percival said it goes past the Linkhart farm on Brush Row Road and north to
Jacoby Road. Councilwoman Felton asked if the area had been extended. Mr. Percival said yes,
this is the new area. Councilwoman Felton asked how much further it was extended.
Mr. Percival said it goes to Jacoby Road to the Yellow Springs well field. Councilwoman Felton
asked if the land use for water protection was extended. Ms. Marhelski said that was one of the
objectives of revising the SWAP. Councilwoman Felton said they tried to do that before.
Ms. Marhelski said it was done before. There is current zoning in use for the one-year time of
travel, and the objective is to increase it to the five-year time of travel. Councilwoman Felton
said that was their original goal but they ended up compromising on one year.
Lisa Dawn, Water Treatment Supervisor, continued with the presentation.
City of Xenia SWAP
Regulated through:
• Xenia Township Ordinances (Section 413) – copy shared at the meeting.
• Ohio EPA Guidelines (OAC)
The regulation for the five-year time of travel for them to produce 8 million gallons daily is from the
Xenia Township Ordinance, Section 413, Well Field Protection Overlay District. Community
cooperation is vital and the primary factor to the success of applying our Township ordinances. Through
some of the successful efforts of our Source Water Protection Committee and the Township Zoning
Inspector, Rhonda Painter, they have been able to include education and consensus building among
business owners and residential property owners. They hold a bi-annual inspection to ensure that no
contaminants have been introduced within the existing time of travel zones.
Prevention is the key to our protection. When MACTEC did some annual ground water sampling a few
years ago, they detected high levels of nitrates near the maximum contaminant level. They were able to
consult with the farmer and have him adjust his fertilizer and pesticide application methods. A significant
drop in those contaminant levels was seen in the following years. She noted anyone is welcome to attend
the Source Water Protection Committee meetings to listen to the updates.
Proposed SWAP Revisions
• Increase Overlay District to encompass entire SWAP Area to include entire five-year time of
travel area
• Prohibit activities that could contaminant the source water for public water supply wells (City)
and private residential wells (Township)
• Update list of substances regulated to include substances regulated by other municipalities. The
original list was very technical and detailed with specific scientific names. They will ask the
Township to include chemicals and toxins listed by their industry. This would allow consumers
to have a better recognition of what they are using and applying and what they are about to
dispose of and how those might be potential contaminants.
Councilwoman Felton noted the Ground Water Ordinance passed a long time ago, that was such
a tremendous upheaval with the business people, was a narrow section through town. Ms. Dawn
said it predominately ran up U.S. 68. Councilwoman Felton said the chemicals listed were
regulated by state and federal law. She asked if the list would be more restrictive. Mr. Percival
said this is not the Ground Water Overlay – this is the Source Water Protection Area, which is
different. Councilwoman Felton thought they should be together since one affects the other.
Ms. Dawn said the regulations would be applied to the Zoning Overlay that governs Source
Water Protection. In that approved list to which Councilwoman Felton referred, there will be a
supplemental list that will regroup some of those chemicals with their common terminology that
people can recognize by the industry that produces them, such as electronics. Councilwoman
Felton said they have a Ground Water Ordinance that is restrictive down U.S. 68 and the west
side, which is different from this one. Mr. Percival thought she was referring to the old well
field area south of town. It is two separate things. He thought Councilwoman Felton was
suggesting that if they apply the new regulations to the SWAP, at some point in the near future,
they should decide if those new regulations should be applied to the other area. Councilwoman
Felton said that was correct. Ms. Dawn said that would definitely be advisable.
Ms. Marhelski continued with the presentation. Xenia has been protecting its source water since
1994 and has been recognized by the Ohio EPA for those efforts.
Benefits of SWAP
1. Xenia’s Source Water is ABUNDANT and SAFE TO DRINK.
2. Xenia’s Source Water is a VALUABLE RESOURCE. Not all municipalities are as fortunate as the
City of Xenia.
3. Xenia’s Source Water is a FINANCIAL ASSET that is capable of sustaining future growth for the
City.
4. It’s EXPENSIVE TO REMOVE CONTAMINANTS. The best way to prevent the expense, is to
prevent the contamination.
Potential Sources of Contaminants (see graphic below): If something were to happen in the river
upstream, there is the possibility that the surface water could interact with the ground water and carry
contaminants into the production well. Gas stations generally have underground storage tanks that can
leak and introduce contaminants into the ground water. If the tanks leak, there is the potential for those
contaminants to be pulled into the production well and into the treatment plant, which would require
additional treatment to the ground water before it can be distributed. Factories can also produce
contaminants. Some people in residential areas like to apply lawn chemicals, but if too many chemical
are applied, they can go into the ground water. If too many chemicals are applied to agricultural fields,
the plants cannot absorb them, so they go into the ground water that flows to the production well, which
then goes to the Water Treatment Plant.
Ms. Dawn continued with the presentation.
Potential Contamination Costs:
 Investigation costs (soil and water)
 Legal fees to recover investigation and treatment costs
 Clean up and remediation costs
 Costs of buying a temporary water supply from another community/source
 Professional consulting fees


Costs of new wellfield development
Costs of distributing information to the public
Additional, Indirect Costs:
 Increased monitoring costs
 Real estate devaluation
 Redevelopment of contaminated sites
 Lost jobs (if industry relocates due to water costs or new industry declines to locate)
 Decline of consumer confidence in water supply
 Potential lawsuits from actual or alleged consumption of contaminated water
Ms. Dawn invited Paul Stork from MACTEC to share specific examples of local contamination events
that have occurred in surrounding municipalities and the costs to those municipalities. Mr. Stork said he
has been working with Source Water Protection projects for the last 20 years for various municipalities.
The City of Dayton allowed a warehouse that stored paint products to be built on their well field. The
Sherwin Williams fire occurred in 1987 and caused a considerable amount of contamination into those
well fields. The resulting costs in remediation by the time that site was cleaned up were close to $12
million. That really got the City of Dayton to develop a strict Source Water Protection Plan. Through
that plan, they were able to identify a lot of other potential threats to the well field, which really consumes
a large amount of the water budget to deal with on a yearly basis. He estimated the City of Dayton has 15
air strippers in the various well fields that have to be operated to prevent contamination of their
production wells. The ongoing operation of those wells is a burden to water treatment. Having strong
Source Water Protection regulations can prevent those things from happening. Montgomery County used
to operate a well field in Moraine, but in the early 1980’s, the wells that supply the southern portion of
Dayton with water were shut down. They had to reconnect with the City of Dayton’s water to supply the
south suburbs because Frigidaire’s Wastewater Treatment Plant had a number of leaks. It can cost a lot of
money if you do not look down the road for protection of the water source.
Councilman Louderback clarified the difference between the Wilmington and Xenia systems was
that Wilmington depends on surface water where Xenia depends on ground water. Mr. Stork
said that was correct. Councilman Louderback clarified that the City of Xenia had a definite
advantage. Mr. Percival said it is a lot cheaper to treat ground water than it is to treat surface
water. Cedarville connected to the City’s water system because they had a surface water system
that they could no longer afford to operate because of the costs of the additional regulations.
Councilman Louderback thought the City of Xenia sells water to Greene County and Central
State University. Ms. Dawn said the city sells water to eastern Greene County and Central State.
Councilman Louderback asked how many gallons per year were sold to them. Councilwoman
Felton said the city can sell a maximum of 2 million gallons per day (mgd). Mr. Percival noted
they have never come close to actually purchasing and using that amount. He estimated the city
sold a maximum of 400,000 to 500,000 mgd. Mr. Tincu thought the average was 250,000 mgd.
Councilman Louderback said his point is Xenia is in a good position for water. Mr. Percival and
Mr. Tincu agreed.
Mr. Percival said when they originally put together the Source Water Protection Plan, it was a
knockdown, drag out fight to get the plan approved. However, the plan serves the City and
Xenia Township since 40% of the Township residents are on city water. We are protecting our
water and the water that goes to Xenia Township, Central State/Wilberforce/Cedarville
Universities, and Shawnee Lake in Jamestown. Councilwoman Felton noted they are also
protecting the water that goes south because it infiltrates all the way down. She appreciated
Xenia Township joining in on this effort.
Councilman Louderback asked where the other 60% of water went if Xenia Township gets 40%
of the city’s public water supply. Mr. Percival clarified he was estimating the number of Xenia
Township residents receiving City water … not the percentage of our water going to Xenia
Township.
Councilwoman Felton noted this particular revenue source is restricted and cannot be used for
anything else. The users pay the rate to pay the bills to keep the system going; it does not come
out of any other money. That is really important because of the situation with the General Fund.
She suggested the presentation also be done for the Greene County Combined Health District
Board so they know what is going on. Mr. Percival thought they would be happy to do that.
Council thanked the presenters.
PUBLIC HEARING:
2010 Tax Budget. President Propes opened the public hearing and asked for the staff report.
Mr. Percival said the Public Hearing is for approval and submittal of the 2010 Tax Budget. The
Tax Budget is a basic budget planning tool designed to meet statutory requirements and is
required each fiscal year. Tax budgets are prepared by all property taxing jurisdictions and must
be submitted to the Greene County Budget Commission prior to July 20th of each year for the
following reasons:
1.
2.
3.
4.
To allocate the State Local Government Fund;
To establish rates for inside millage;
To certify needs for tax levies; and
To get outside bond retirement rates.
In 2009, the City’s budgeted revenue from Local Government funds was $1,286,000. This
represents about 7.7% of the total revenue in the General Fund for the fiscal year. The local
government funds are an important part of our revenue in support of our General Fund Services.
The total tax budget request for the 2010 Tax Budget is $38,307,448. City staff, as part of the
annual budget development process, will continue to update the budget figures as our projected
financial information becomes clearer. The final draft of the 2010 Operating Budget will be
delivered to City Council no later than October 31, 2009, as required by Xenia City Charter.
Mr. Percival respectfully requested that Council approve the 2010 Tax Budget for submittal to
the Greene County Budget Commission following the public hearing.
President Propes invited those in favor of the 2010 Tax Budget to step forward to speak. No one
came forward to speak. President Propes invited those against the 2010 Tax Budget to step
forward to speak. No one came forward to speak. He then invited those neither for nor against
the 2010 Tax Budget to step forward to speak. No one came forward to speak. He then closed
the public hearing at 7:45 p.m. and entertained questions from Council.
Councilwoman Felton noted the State has not approved their budget yet so the city has no idea
what the City will receive from the Local Government Fund. Mr. Percival said that was correct.
Councilwoman Felton said the city might end up with a reduction, which they are expecting.
Mr. Percival said they have anticipated a reduction in the Local Government Fund and have
budgeted accordingly. Councilwoman Felton asked how much. Mr. Bazelak said currently it is
a 7% reduction, but they do not actually know. They are looking at a 15% reduction for 2009.
They are supposed to get some guidance next month on the numbers for calendar year 2010. The
Tax Budget includes the amount they are supposed to collect in 2009 for the 2010 Tax Budget.
Unfortunately, that number will probably have to be reduced.
President Propes entertained further questions. Hearing none, he entertained a motion.
Motion by Councilwoman Felton, seconded by Mayor Pennewitt, to approve the 2010 Tax
Budget for submittal to the Greene County Budget Commission. No discussion followed. The
Nays: None
motion carried.
Traffic Commission: Councilman Caupp said XTC met on July 6th and received
updates on previous projects that were approved. They also received updates from staff on the
Traffic Signalization Project and the proposed Traffic Plan for Progress Center. The City
Engineer is working with the State to possibly obtain grant money for the Progress Center area.
Greene County Regional Planning Commission: Councilman Caupp said the July
meeting was cancelled.
Board of Zoning Appeals: Mayor Pennewitt said the June 22 nd BZA meeting was
cancelled due to lack of agenda items.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Caupp said at the last meeting
he neglected to inform everyone that the Design Standards Committee met for the first time on
June 13th. The volunteers include Tim Sontag, Xenia Shoe and Leather; Gerald Matthews,
Gerald Matthews Contracting; Matt Arnovitz, Arnovitz and Associates; Diane Steen, a Xenia
resident; Bernice Powers, a Dayton resident who owns properties in Xenia; Steve Brodsky,
Executive Director of XEGC; Steve Anderson, Greene County Regional Planning Commission;
Councilwoman Felton; Fred Hall, a Xenia resident and former Council member; Sarah Amend,
Xenia Planning and Zoning Commission; Matthew Funk, Board of Zoning Appeals;
Councilwoman Mills, BRACA chairperson; and Barbara Stafford, BRACA. It is a good and
very diverse group of people who can hopefully work together to come up with some good
guidelines for the city. They have established a timeline and hope to bring something to Council
by March 2010.
319 Stream Restoration Grant Approval, Contract Execution, and Introduction of
Appropriations Ordinance. Mr. Percival said the City of Xenia has been offered a Section 319
Grant from the Ohio EPA in the amount of $341,100 for the restoration of a 700-foot stretch of
the Little Miami River, aka the City of Xenia Little Miami River Stream Restoration project.
The stretch of river is located just upstream of the Ford Road WWTP outfall. Significant stream
bank degradation has occurred through this stretch over the past few years compromising the
city’s ability to sustain services and discharge capabilities. The proposed project would re-grade
and vegetate the stream bank and redirect the force of the stream off the bank to help prevent
future erosion. The local match of 40% or $247,000 will be met with in-kind services and
conservation easements on various city properties along Shawnee Creek and the Ford Road
WWTP. The 319 funding will pay for all costs associated with the stream restoration, including
permitting, design, construction, plantings, and project management. The total grant amount is
$588,100. This is important because the city’s outfall is being washed away, which needs to be
corrected and why they are applying for federal grant dollars to do that. He noted Mr. Tincu was
available to answer questions.
Councilwoman Mills said she understood what an easement was on her property but asked for an
explanation of a “conservation easement.” Mr. Tincu said a conservation easement can be a very
tight conservation easement. They are proposing to write conservation easements on city
properties to themselves that will provide them with provisions to access infrastructure and water
and sewer infrastructure. It basically controls what they can do along those properties that are all
along the bike path, the stream bank, and flood plain. There is no potential for development on
those properties. It is way for them to meet the city’s in-kind match and still provide them
access to utilities, etc. They could write “loose” conservation easements. For example, they
could not build a new City Hall or other large structures on those properties.
Councilwoman Felton asked what effect that would have on the gun range at Ford Road.
Mr. Tincu said it would not have any effect at all. The property they are proposing is beyond the
gun range.
Mr. Tincu said the grant is a great way to bring in funds to the city and correct their
infrastructure. Over the last four years, they have lost 50’ horizontally on the stream bank,
which is compromising the integrity of their outfall. They are very concerned about losing that
outfall and not being able to provide the service.
Councilwoman Felton asked if any money would be expended or if the local match would be met
with in-kind services. Mr. Tincu said no cash would be required. The 319 funding will pay for
all costs associated with the stream restoration including permitting, design, construction,
plantings, and project management. The maximum amount of funding the City can obtain is
$400,000. They will be able to write loose conservation easements for the appraised value of
that land. For the citizens, Councilwoman Felton clarified no tax money would be spent on the
project. Mr. Tincu said that was correct.
Mr. Tincu noted the City of Xenia has been preliminarily awarded funding in the amount of
$650,000 through the American Recovery and Reinvestment Act (ARRA) or federal stimulus
plan for additional stream restoration work along the Little Miami River downstream of the Ford
Road WWTP outfall. Between the 319 grant project and the ARRA project, the City has the
ability to bring $1 million of grant funding to the area and restore up to 1,700 feet of stream bank
with no in-kind match. The project will be 100% grant funded.
Of the local match of 40% or $247,000 that will be met with in-kind services, Councilman
Caupp asked if any staff time/manpower would be needed to accomplish the project. Mr. Tincu
said the State Auditor requested that the project manager or representatives track their time.
Since the inception of the project, he has been documenting hours on a spreadsheet. All the
work would be bid out and done by a contractor and the project management will be handled by
Malcolm Pirnie. His time for facilitating work between the EPA and their contractor will be
included in his time. Councilman Caupp clarified no Public Service employees would be doing
any of the work. Mr. Tincu said inspection services, project management, and contractual
services are all handled in the grant.
Councilman Louderback asked who wrote the grant. Mr. Tincu said he did. Malcolm Pirnie
provided a little bit of service upfront with some preliminary drawings. The grant writing was a
collaboration between Malcolm Pirnie and himself.
President Propes noted staff is requesting three actions at this time.
Motion 1: Motion to accept the grant proposal and authorize the City Manager to enter into a contract
with the Ohio EPA for the 319 Stream Restoration Grant Project in the amount of $341,100.00 with a
40% local match made by the City through conservation easements and in-kind services.
Motion 2: Introduction of an ordinance to appropriate $198,300.00 into account 665-5150-53121
(Engineering Services) and $142,800.00 (Improvements Other) for the funding necessary for the 319
Stream Restoration Grant Project.
Motion 3: Motion to authorize the City Manager to execute a contract between the City of Xenia and
Malcolm Pirnie for project administration of 319 Stream Restoration Grant Project (pending the approval
of the appropriations ordinance) in an amount not to exceed $198,300.00.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to accept the grant proposal and
authorize the City Manager to enter into a contract with the Ohio EPA for the 319 Stream
Restoration Grant Project in the amount of $341,100.00 with a 40% local match made by the
City through conservation easements and in-kind services. No discussion followed. The Roll
on this was the following:
Nays: None
motion carried.
Vice President Miller introduced an ORDINANCE AMENDING ORDINANCE 09-13 TO
CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009, and
to execute a contract between the City of Xenia and Malcolm Pirnie for project administration of
319 Stream Restoration Grant Project (pending the approval of the appropriations ordinance) in
an amount not to exceed $198,300.00. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Award of Bid for CCTV Sewer Video Inspection System, Truck Mounted.
Mr. Percival said on June 11, 2009, bids were opened for a replacement sewer video inspection
system. This equipment is used to inspect the city’s sanitary sewer system. Three bids were
received. The two lowest bidders were invited to perform demonstrations of their equipment for
the maintenance staff at the Public Service Center. With the age of the city’s sewer systems and
the ever increasing need to perform repairs, televising the pipes to pinpoint major locations of
infiltration or pipe failure is a necessity for the health and safety of the citizens of Xenia. With
the new system, staff will download the new footage from the truck onto a thumb drive and place
it onto the City’s computer system so it will be easily accessible to anyone who may need it, be it
maintenance staff, engineering staff, etc.
Mr. Percival respectfully requested that Council award the bid of the CCTV Sewer Video
Inspection System, Truck Mounted, along with the additional options to Cues and authorize him
to issue a purchase order in an amount not to exceed $106,300.00.
Motion by Councilman Louderback, seconded by Councilman Caupp, to award the bid of the
CCTV Sewer Video Inspection System, Truck Mounted, along with the additional options to
Cues and authorize the City Manager to issue a purchase order in an amount not to exceed
Councilwoman Mills clarified the money was not coming from the General Capital Improvement
Fund but would come from the 665 Sewer Fund. Mr. Percival said money would be expended
from the Sewer Capital Improvement Fund 665. Councilwoman Mills clarified the money could
only be used for projects that deal with the sewer systems and cannot be used for anything else,
such as streets. Mr. Percival said that was correct. Councilwoman Mills said she just wanted
everyone to realize that.
Nays: None
motion carried.
Purchase of one-ton dump truck for the Street Department thru the ODAS’
Cooperative Purchasing Program. Mr. Percival said the Street Department tows the Durapatch machine with an under-sized dump truck. This vehicle has 68,000 miles on the odometer
but has 8,760 hours on the hour meter, which translates into 289,500 miles worth of wear on the
engine and transmission. This truck was purchased as a medium general purpose dump for the
sewer department to haul small loads of material, such as stone, asphalt or repair parts for
manholes to a job site. It was not built to regularly tow equipment the size of the Dura-patcher.
The unit needs to be removed from this type of use prior to any major breakdowns and placed in
light duty service to obtain a few more years of service for its intended purpose. A one-ton
dump truck with a snow plow, that meets the needs of the Street Department for the repairs of
our streets by the way of pothole repair with either the Dura-patcher or with cold asphalt patch
material, is available through the Ohio Department of Administrative Services Cooperative
Purchasing Program.
Mr. Percival respectfully requested that Council authorize him to purchase a one-ton dump truck
through the Ohio Department of Administrative Services Purchasing Program and issue a
purchase order to Valley Ford of Cleveland, Ohio, in the amount of $54,780.
Motion by Councilwoman Mills, seconded by Councilman Louderback, to authorize the City
Manager to purchase a one-ton dump truck through the Ohio Department of Administrative
Services Purchasing Program and issue a purchase order to Valley Ford of Cleveland, Ohio, in
the amount of $54,780.00. Discussion followed.
Vice President Miller asked where the old dump truck would be used. Mr. Percival said, at this
point, the old dump truck will be used as a back-up but it will not be used as it is currently used
on a daily basis. Vice President Miller asked how heavy the Dura-patch machine was when it is
full. He wondered if they would be maxing out the pull rating on the new one-ton dump truck.
He wondered if they were buying the right truck. Mr. Merriman said yes. After consulting with
the Mechanic Supervisor and providing him with the specifications for this particular vehicle, he
assured them the one-ton dump truck would have the capacity to pull the Dura-patch machine
and have some longevity. Vice President Miller said that was what he wanted to know. If they
are pulling a one-ton Dura-patch machine with a one-ton dump truck, perhaps they should be
buying a 1½-ton dump truck. As Mr. Percival noted, Mr. Merriman said the current vehicle will
be kept in service.
Vice President Miller noted a long-time resident who lives behind Shawnee School, Dick
Lovelace, said there is a huge pot hole by his house on Sutton Drive. Councilwoman Felton said
Sutton Drive is not on the street resurfacing list. She thought Sutton Drive was worse than
Wimbledon Drive and other streets. Some of Sutton Drive has been patched but it is still really
bad. Mr. Percival said there is more work to be done on Sutton Drive. Mayor Pennewitt noted
there is also a large pot hole on Wilson Drive that is really bad. Mr. Percival said staff would
look into their concerns.
Councilman Louderback said he was confused about the two warranties available from Valley
Ford. He asked which warranty the city would purchase. Mr. Percival thought they went with
the diesel care warranty and not the extra care warranty. Councilman Louderback clarified the
warranty would cost $3,990. Mr. Percival said that was correct, which is a refundable warranty.
If they do not use that by the time it expires, they refund the money. Councilman Louderback
clarified the warranty was for seven (7) years and 200,000 miles, whichever comes first.
Mr. Percival said that was correct.
Councilman Caupp asked what year the vehicle was that has 68,000 miles. Mr. Percival said he
did not know but would check and get back with him. Councilman Caupp noted it is diesel truck
with 68,000 miles. Mr. Percival said it is a diesel, but it has 8,760 hours on the hour meter,
which translates into 289,500 miles worth of wear on the engine and transmission. Councilman
Caupp said he understood that; however, he thought the diesel vehicle could still have some life
left in it. Mr. Percival said that is why they are not getting rid of it.
Councilman Caupp wondered if they could hold off on the expenditure, given the City’s current
economic situation and reduced revenue. Several heavy duty dump trucks with snow plows were
purchased under the previous City Manager. He wondered if equipment could be switched
around since those dump trucks are not used during the summer. Those previously purchased
vehicles were more than one-ton vehicles.
Mr. Merriman said they purchased large tandem dump trucks from a variety of funds, such as the
Water, Sewer, and Street Funds. In the off season, those vehicles are primarily used for
significant work loads in those particular areas. The vehicles are also equipped for snow
removal and snow plowing in the winter months. The cost to maintain those vehicles are
charged back to the Street Fund. No one in the room recognizes the financial capital issue more
than he does. He talked with the Maintenance Supervisor and the Police and Fire Chiefs. They
went through the list of capital items in the 361 General Capital Fund this year to identify those
items they deem are absolutely essential in order to continue providing service and/or to ensure
they have vehicles available over the next few years since they will probably not be able to
replace them. In the Public Service Department, they have identified approximately $200,000 of
capital projects or purchase requests in the 2009 budget that they will not be moving forward
with in attempt to try to sustain funding in that particular fund for as long as they can. They
recognize they will be unable to pave very many streets in the next few years. They want to be
able to do what they can to make those streets passable. The Dura-patch machine is an important
component in doing that, and they want to make sure they can get the machine to the job sites to
do the repairs effectively.
Councilman Caupp said he understood all of that, but he thought Mr. Merriman side-stepped his
initial question. He understood what funds the other heavy duty dump trucks were billed to and
how they were used; however, those vehicles are sitting parked at the City Service Center. He
asked if those trucks could be used to pull the Dura-patch machine in the summertime. The
Dura-patch machine is not used in the winter for snow.
Mr. Merriman said he could not answer the specifics as to whether the Dura-patch machine could
be hooked up to one of those large dump trucks. Mr. Percival said the tandem axel truck could
not be used, but a single-axel dump truck could be used. Mr. Merriman reiterated those vehicles
are purchased from Water and Sewer Funds for those particular projects and those purposes. A
sewer truck would be used for sewer purposes year-round and not something they would
alternate like they would with a larger dump truck. If it is a street truck, it would be used for
street work, with the rare exception of using the truck during snow season because they cannot
afford to purchase all the dump trucks they would need for snow removal from the Street Fund.
Councilman Caupp said he still did not understand. He clarified a truck purchased for sewer
purposes could not be used to pull a Dura-patch machine in the summer when the truck is not
being used. Mr. Percival said they probably could. Councilman Caupp said he did not see a new
dump truck as an essential purchase right now because they have tandem axel dump trucks not
being used. Mr. Percival said the tandem axel truck could not be used to pull the Dura-patch
machine – it is too much, but a single-axel dump truck could be used. Councilman Caupp asked
if the F-350 truck could be used to pull the Dura-patch machine. Mr. Percival said he did not
think so, which is why they would like to order the Ford F-550.
Councilman Caupp said he has been on Council for 18 months. He previously requested a copy
of a spreadsheet showing all the Service Center vehicles, when they went into service, what year
the vehicle is, what the truck is assigned to, and when they plan to take the vehicle out of service.
He offered to share the spreadsheet he uses on his job. Mr. Merriman said all that information is
available in the city’s master data base. Councilman Caupp said he sees trucks at the Service
Center not being used and the Public Service Director driving around in an F-350, which he
totally disagrees with. That truck is new and sits out in front of the building all the time. It is not
being used as a work truck and now Council is being asked to purchase another work truck. He
could not see how purchasing a new truck was necessary right now.
Mr. Lewis suggested tabling the motion until Councilman Caupp has a chance to talk with the
City Manager.
Mr. Bazelak noted the Assistant City Manager and Utilities Manager said, in theory, if they used
sewer and water vehicles, they would be using vehicles purchased with sewer or water monies
for a non sewer or water related purpose. Mr. Lewis said the hours used to tow the Dura-patch
machine could be charged back to the street fund, just like they do when those trucks are used for
snow removal.
Councilman Caupp said he was getting a little education as they go. If they purchase a truck out
of sewer funds, all of a sudden they are not allowed to use that truck elsewhere. Mr. Percival
said the hours would have to be charged back. Councilman Caupp said if they dig up a water
main, they would need to use the Dura-patch machine to repair the road where the water main
was. He asked who was checking how the trucks were used daily. Mr. Lewis said Mr. Bazelak.
(Laughter followed.)
Councilwoman Felton said she understood the truck purchase. However, there were four police
cars purchased, one of which was for a detective. She did not understand why a detective or the
Police Chief needed new cars, but everyone thought that was okay. She did not vote to approve
that purchase.
Mr. Percival said the spreadsheet that Councilman Caupp requested would be provided to all of
Council. All that information is available, as well as all the maintenance costs. Councilwoman
Felton asked if that information was also available for the Fire Division vehicles, because
Mr. Gultice does not maintain the Fire Division vehicles. Mr. Merriman said that information
could be made available, although the Service Garage does not have it in-house. Councilwoman
Felton thought that information would be valuable since they are working on the 2010 budget.
President Propes asked if Councilman Caupp would like to table the motion. Councilman Caupp
said he would vote on the motion unless one of the people who made the motion would like to
withdraw their motion. Councilwoman Felton suggested they proceed with the vote.
Ayes: Miller, Louderback, Mills, and Propes
Nays: Caupp, Felton, and Pennewitt
motion carried.
President Propes said he voted “aye” because he felt the Service Department was making some
prudent cuts in other areas.
Items for the City Manager: Councilwoman Felton said she received the June 22nd
monthly report. One line item under the Community Development Department says “Process
pay requests for CHIP (which she assumed was for the person who helps Ms. Crockett with the
CHIP grant and is paid through the grant) and Xenia Area Mural Society.” Mr. Percival thought
the pay requests were for the CHIP improvement housing projects. She would like that
explained to everyone present. She tried to call Ms. Crockett this week to ask questions. She
understood the administrative fee to pay the person who helps Ms. Crockett with the CHIP grant
is paid through the grant. To her, ‘pay’ is ‘salary’. Mr. Percival said he did not know what the
specific pay request was. He thought the pay request for the CHIP grant was for the actual
housing improvements that have to go through the city’s books. Councilwoman Felton asked
what the Mural Society item was doing in there. Mr. Percival said that goes through Greene
Giving. Mr. Merriman said he was not sure but would check. Councilwoman Felton said if it is
not part of the city, they should not be handling the money. Mr. Merriman thought it was a pass
through, but he will check. President Propes asked that Councilwoman Felton’s question be
included in “Unfinished Business” for the next meeting.
Councilman Caupp said there was a sewer line repaired on Chestnut Street and there is curb to
curb gravel. A resident talked to the Public Service Director and his reply to the resident was
“There’s no manpower to do anything about it.” He asked that the City Manager look into the
matter to see if there is anything that can be done. He knew there were other areas where water
mains were dug up and the road has not been repaired with asphalt, especially in South Hill.
There are dead trees that have not been replaced throughout the city. He asked if they planned to
replace the dead trees throughout the city along Main Street. The flower beds in the median
along U.S. 35/Main Street that were donated by Rotary have not been maintained by the City at
all. There is grass growing in them and there is no mulch in them. The flower bed is gone and
only the greenery is growing up through the grass. The same situation exists on the hill along
N. Detroit Street. They are asking everyone in the city to maintain their properties and spruce
things up, but the city is not maintaining our own landscaping. He thinks they have the
manpower if they schedule the manpower and hold people accountable to a timeline to get
projects completed. Perhaps Public Service staff could be utilized a little differently. He would
like to see some of these things addressed since we are already into July and the season is half
over. It just looks bad. Honestly, he thought it might look better to remove the flower beds on
N. Detroit Street, reseed them, and keep them mowed.
Mr. Percival said that was one of the issues they struggled with earlier in the year. They were
able to obtain the services of four high school students through the Teen Works Program to work
on landscaping in those areas. They were unable to hire three or four individuals to provide
summer help with city funds as they normally do. Councilwoman Felton noted Ira used to do a
super job on landscaping. Mr. Lewis said another problem is that they are no longer able to use
inmates to do a lot of that work due to a decrease in that population. Councilwoman Felton
asked if they could use Municipal Court community service workers. Mr. Percival said no,
which is why the kids from Teen Works are so important. He noted the trees will be replaced in
the fall, which is the best time to plant.
Councilman Caupp asked why the city does not get community service workers from the Courts.
Mr. Lewis said he could not answer that but he would find out. Not as much community service
is being ordered as it was before because of the manpower issues. Additional probation staff
would have to be paid to monitor the workers. There is a cost to that – it is not free.
Councilwoman Felton said when she had community service workers she was responsible for
their supervision; staff could do that. Paul Gultice used to do that at the City Service Garage.
Mr. Lewis said that was what he was told. Not nearly as many people are being ordered to do
community service anymore. The Municipal Court is now using a collection agency to collect
fees. He assumed they were probably collecting more money on fines and court costs rather than
issuing community service. You now have to prove indecency in order to qualify for community
service. Mr. Lewis reiterated he would look into it.
Vice President Miller said he had a question that could be answered later. Today he noticed city
workers were repairing, vacuuming, or cleaning the storm sewer in front of the Main Street
McDonald’s driveway. He noted McDonald’s installed the stormwater drain when they rebuilt
because half was on their driveway and half was in the street. He wondered if the clogged
stormwater drain was due to McDonald’s or the city. If it is coming from McDonald’s, the city
is spending a lot of time and money running the vacuum truck. If it is the city’s fault, then let’s
fix it. If is someone else’s fault, let’s find out why, and make sure it does not happen again. If
McDonald’s has a faulty landscape plan or if their water run-off is not going in the proper
direction, then let’s fix that so the city does not have to fix their problem again.
Councilman Louderback said he agreed with Councilman Caupp. He also notices little things
like the median strips in town and weeds growing along the curbs. Some of the privately-owned
parking lots look bad. All it would take is a little Roundup and a weed-eater to make a big
difference in the appearance of our city. He also agreed with Councilman Caupp that it would
look much better to remove the plants and reseed the bank along N. Detroit Street. It is a definite
eyesore. Mr. Percival noted there was concern about the maintenance when they originally put
in the plants along the side of the hill. Councilwoman Felton suggested they check with
Ms. Simpson. The grant she got for that entire section may take care of that problem.
Mr. Percival said they would look into it.
Councilman Louderback thought everyone agrees they need more recreation in town. He
thought the agreement with Buxton would include retail and recreation. He talked with
Mr. Percival after the first report from Buxton was received and it only included retail. He asked
if Buxton would extend their report to include recreation. Mr. Percival said Buxton is working
on the retail/recreation matching portion now. Councilman Louderback said Xenia desperately
needs recreation activities for our youth since the city no longer has a County swimming pool,
bowling alley, skating rink, miniature golf, etc. He hopes Buxton will be able to do the
recreation portion soon. Mr. Percival said Buxton’s report will probably be done by the end of
August.
Mayor Pennewitt asked what type of entertainment Buxton was proposing. Mr. Percival said
they would look at movie theatres, bowling alleys, etc., both local and national. Part of their
contract is to look at all options
Referencing Councilman Louderback’s comment about Roundup, Councilwoman Mills thought
they had to have a license to spray any type of chemicals in the city. Mr. Percival said the city is
required to have a license to spray chemicals, which is not true for residents who wish to apply
chemicals on their own property. There are city employees who are licensed to spray chemicals.
Motion by Councilwoman Felton, seconded by Vice President Miller, to approve payment of
bills totaling $245,109.87. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Introduction of an Emergency Ordinance approving the Supplemental Pages
prepared by American Legal Publishing for the Yearly Update of the Codified Ordinances.
Mr. Lewis said a five-year contract with American Legal Publishing was approved on
December 8, 2005, which called for a complete recodification in 2006 and subsequent annual
updates through 2010. A complete recodification of the City’s Codified Ordinances was
accomplished in 2006 and approved on February 8, 2007. The first annual update was
accomplished in September 2007; the second annual update was accomplished on July 10, 2008.
This is the third annual update.
Councilman Louderback presented an ORDINANCE APPROVING THE EDITING AND
INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT
CODES OF THE CODIFIED ORDINANCES; PROVIDING FOR THE ADOPTION AND
PUBLICATION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED
ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND
Nays: None
motion carried.
Nays: None
motion carried.
Emergency Ordinance authorizing the sale of 366 E. Main Street. Mr. Lewis said
Council previously approved the acquisition of eleven parcels through forfeiture, for which the
City paid Court costs, transfer and recordation fees. My staff has located a potential buyers for
some parcels, including one vacant lot at 366 E. Main Street. This parcel is 35.5’ x 156’ and is
zoned B-3 Highway Oriented Business Commercial. The appraised value for taxes is $5,730.
The City paid Court costs of $2,303.38 and transfer and recording fees of $36.50.
Haydee Hernandez, owner of the adjacent property at 374 E. Main Street, has made an offer of
$2,339.88 for 366 E. Main Street. If Council agrees to sell the parcel to Ms. Hernandez, the City
will recover its costs in acquiring the parcel. City staff will prepare the quit claim deed and
Ms. Hernandez will be responsible for the costs in transferring the parcel to herself. He
recommends they sell this parcel as quickly as possible to recover the costs expended.
Councilwoman Mills presented an ORDINANCE AUTHORIZING THE SALE OF PARCEL
M40000200050021100, ALSO KNOWN AS 366 EAST MAIN STREET, AND DECLARING
Nays: Felton
motion carried.
Nays: Felton
motion carried.
Introduction of an ordinance approving contract with Westlaw for online research.
Mr. Lewis said he would like to remove the item from the agenda. He had a conversation
yesterday during a Law Library Board meeting and a conversation with the librarian today.
There is a possibility that they may be able to piggyback onto their current service and only pay a
user fee through their contract, which would result in substantial savings to the City. The Law
Library recently purchased $3,000 worth of books for the Judge and the Court. Next year, he
believed they would be willing to purchase books for the Law Department as well. He would
like to pull the agenda item at this time until he gets information back from the Law Library as to
whether they can piggyback on the contract in order to realize additional substantial savings for
the Law Department.
ORDINANCE AMENDING PART TWO - ADMINISTRATION CODE, TITLE TWELVE:
FEES, CHAPTER 298: FEE SCHEDULE OF THE CODIFIED ORDINANCES OF THE CITY
OF XENIA, and it was read for a second time.
09-50 be now passed. Brief discussion followed. Councilwoman Felton asked for clarification
on the ordinance since she was unable to attend the last meeting. Mr. Lewis said the ordinance
would increase the fee for parade applications from $107.00 to $400.00. The Roll on this was
the following:
Nays: None
motion carried.
Items for the Law Director: Mr. Lewis congratulated Wendy Hoff, Director of his
Victim Assistance Program, for being awarded a $55,000 grant today. There were 222
applications across the State and 12 grants were awarded. They were very fortunate to receive
the grant.
everyone about the DARE golf scramble on July 24th. The registration deadline is July 17th. If
interested, please contact Officer Matheson through the Police Division. “Music in the Park”
performances are held at Shawnee Park on Sundays from 6:30 p.m. to 8 p.m. The Impossibles
will perform on July 12th featuring big band, polkas, country, and Latin. On July 19th, David
Payne Acoustics will perform featuring a variety of acoustical numbers. She thanked All Sports
Bar and Grille for all the work they have done on the plaza area across from City Hall. The brick
columns and wrought iron railing look very nice. She is anxious to see it completed. She
thanked everyone for participating in the July XAMA First Friday event. Stores extended their
hours, and the event featured sidewalk craft vendors, music, flower and balloon giveaways, cake
tasting, a chocolate fountain, free massages, face painting, magic, balloon animals, etc. Those
are the things that Xenia needs in order for the community to grow and prosper. Xenia needs to
have unique events that other cities do not have. More information on First Friday events can be
obtained from the Xenia Area Merchants Association’s website at www.visitxenia.com. The
next event will be held August 7th from 5 p.m. to 8 p.m. It was a great time to be out with your
neighbors and a wonderful way to support downtown businesses. She reminded everyone that
nomination forms for Beautification Awards are available at City Hall by the front desk, at the
Utility Billing Department window, and at the City Service Center. Everyone is encouraged to
nominate a property that they think stands out in the neighborhood. The program runs from June
to October. Properties nominated are recognized on the city’s website and on Channel 5.
Councilman Louderback noted the Xenia Gazette announced a new business was opening in
downtown Xenia. Medical Urgency Preparation Service will employ 20 people, which is very
good news for Xenia. The Xenia Area Community Theater (X*Act) is sponsoring a play called
Voices from the Home, a play about the Ohio Soldiers' and Sailors' Orphans Home. He saw it the
other night and it was a great play. The last performances are scheduled for July 10 and 11 at
7:30 p.m., and at 2:30 p.m. on July 12. They probably all read in the newspaper about the
financial bump in the road that the city is facing. He strongly urged residents to vote for the
Renewal Levy on August 4, which means no new taxes. The city desperately needs the Renewal
Levy to be approved. Again, it is NO NEW TAXES.
Councilman Caupp also thought Mr. Reed, the All Sports Bar and Grille owner, was doing a
great job. The brick columns and wrought iron fencing look very nice. Those improvements are
making the area where Mr. Reed would like to put Phase 2 look pretty bad. Mr. Reed should be
commended for stepping up and changing his original plans to make the area look nicer. It is
going to be a very nice project when completed.
Vice President Miller said he had no idea why there was so much press about the swans at
Shawnee Park. He would like to keep Shawnee Park as nice as possible and thought replacing
the swans was the most economical way of doing that. Obviously, it was not, because now,
everyone is in an uproar. He is fine with not purchasing swans. He also heard the city wants to
spend money on a BMX track. That is not what Council said, nor what he said or requested. He
only requested information on the cost, which Councilwoman Mills and BRACA will take care
of. So, enough of that. He wants the city to be as beneficial to the youth, just like Councilman
Louderback said earlier this evening, and what he said at the last meeting. He would like to see
more things for the youth and more things for other people to do in the city as cheaply and
economically as possible. He did not know why his comments got so blown out of proportion –
it must have been a very slow day for the newspapers in Xenia. He wished his children’s nurse,
Mary Ann, a “Happy Birthday.” He appreciates all the work she does for his family.
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Meet with Postmaster Stapleton to receive Shawnee Park donation
Pass it On Ministry Grand Opening in Xenia. It is program that is housed at
Westminster Presbyterian Church on Old Springfield Pike. If any needy individual
needs a bed or other furniture, all they have to do is call the church and it will be
provided. She felt it was important to focus on that because there are so many needs
in today’s economy. If you have some decent furniture, please contact the
Westminster Presbyterian Church.
Tour of Greene Memorial Hospital
Attended Bob Evans Rotary presentation
Attended the Tecumseh Achievement Awards Luncheon
Attended Toast of the Town at Hospice in Xenia
Attended Church of God in Xenia
Attended the Wilberforce University Presidential Reception
Participated in Habitat at 506 E. Main Street
Attended Chamber of Commerce
Met with State Representative Jarrod Martin
Attended the 150th Birthday Celebration for the Wilberforce Masons
Presented a Proclamation to the United AME Church
Attended the public meeting on Hooven & Allison
Met with Becky Robinson regarding the Marriage Resource Center in Xenia
Mayor Pennewitt said she attended fewer activities in June because she was on vacation for part
of the month.
Mr. Lewis said this past week, his 12-year old son, Fielding, hit a hole-in-one over the water at
hole #7 at WGC. No one has done that since 1979, and he is still on Cloud 9. The Goecke
family is great to kids during the summer. The Goecke’s made a big deal out of it for his son –
you would have thought he won the Masters Golf Tournament. WGC has a summer league for
kids every Wednesday at a cost of $5/week and adults are present to offer guidance. The Goecke
family provides a great service for kids during the summer. He appreciated all the accolades
they gave to his son. Councilman Louderback asked who taught his son to play golf. Mr. Lewis
said his son’s mother taught him to play golf. (Laughter followed.)
Councilwoman Felton said she was sorry she missed the last meeting due to illness, but is better
now. The Renewal Levy means no new taxes for residents. She asked everyone to please vote
“Yes” for the levy. Passing the levy will not solve all the city’s problems. The city needs the
money now to keep going; no one knows what will happen next year. The levy was originally
passed in 1959, but currently only brings in $450,000 per year due to revisions in 1979, which is
not much money. She would appreciate citizens supporting the levy. They will get the things
done that they can do. They will cut the budget more if they have to; however, she did not know
where else they could make those cuts. She knew a lot of people were voting via absentee
ballots, which is why she wanted to mention the levy tonight. We need your vote!
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
City of Xenia
Special Session
July 15, 2009
6:00 p.m.
The Xenia City Council met in a Special Session on July 15, 2009, at 6:00 p.m. in the City
Council Chambers, City Hall, with the following members present: John Caupp, Jeanne Mills,
Patricia L. Felton, and Dennis R. Propes.
William R. Miller, Dale Louderback, and Phyllis A. Pennewitt were absent.
Motion by Councilwoman Mills, seconded by Councilwoman Felton, to go into an Executive
following:
Ayes: Caupp, Mills, Felton, and Propes
Nays: None
motion carried.
The City Council convened in Executive Session in the First Floor Conference Room, City Hall,
with the same members present to discuss Personnel Matters.
Xenia City Council
Xenia City Council
July 23, 2009
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on July 23, 2009, at 6:30 p.m., in the First
John Caupp, Dale Louderback, Jeanne Mills, Phyllis A. Pennewitt, and Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Vice President Miller, to meet in Executive
following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
Propes.
INVOCATION: Janice Ernst, The Open Door Community Christian Prayer Place, gave the
Motion by Vice President Miller, seconded by Councilman Caupp, to excuse Councilwoman
Felton from the meeting due to health reasons. Brief comment followed. Vice President Miller
said Councilwoman Felton is on her way home and wanted to assure the residents that she is
doing much better. She also wanted everyone to know she is concerned about the financial
status of the city and wanted to make sure everyone is aware that no city funds were expended to
pay for the levy campaign signs. The Roll on this was the following:
Nays: None
motion carried.
Pennewitt, to approve the July 9, 2009, Special and Regular Session minutes as written. No
Ayes: Caupp, Louderback, Mills, Pennewitt, and Propes
Abstain: Miller
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to approve the July 15, 2009,
Special/Executive Session minutes as written. No discussion followed. The Roll on this was the
following:
Abstain: Miller
Nays: None
motion carried.
SPECIAL PRESENTATION: Financial Status of the City. Mr. Percival said this evening
they would like to discuss the current financial status of the City and changes that are necessary
for 2010. As everyone knows, we are facing some very difficult economic times and they
wanted to take a few minutes to update everyone on where the City stands.
What is the City’s Current Fiscal Status?
Having a strong cash reserve also helps with the city’s overall bond rating on its debt.
There are several reasons why the Key Operating Fund (KOF) expenses are less in 2009
than in 2008: (1) All of the city’s non-union employees took a pay freeze this year;
(2) petroleum costs have been less this year; (3) they saved over $100,000 in salt costs
earlier this year due to the way the roads were treated in the winter; and (4) The
financial difficulties the city is facing are not due to expenditures, but are due to a
decrease in revenues.
Year-to-Year Revenue/Expense Comparison: 2006 - 2011
Blue indicates the revenue source
Red indicates the expenditures
As indicated in the graph in 2009, expenditures are down but revenue sources are down
significantly. If revenue sources do not increase in 2010 and 2011, the expenditures will outpace
the revenues. They predict a small decrease in revenue in 2010, and if nothing is done, the
expenditures would be $1.4 million more than the revenue coming in.
Why is there concern about the City’s Financial Health?
-6.37% = over
$500,000 less in
Income Tax
Collections in 2009
than in 2008, if that
number carries
throughout the rest
of the year.
What’s the bottom line for 2010?
What’s the City doing to respond?
Seventy-five percent (75%) of expenditures in the General Fund and Street Fund are
directly related to personnel costs. In order to make an immediate and large impact on
the costs, they must look at personnel.
They were able to save over $100,000 last year on how snow was plowed and how road
salt was administered.
They are also looking a reduction in overtime and anything available to reduce costs.
Any reduction in staff will have specific service reductions. In 2003, 15 positions were
eliminated, which affected the city’s ability to perform certain functions. If personnel are
further reduced, the city will have a difficult time continuing to provide the service level
to which people have become accustomed.
They are taking the revenue they have and trying to figure out the highest level of service they
can provide based on the available revenue.
They are currently working with all employees (Union and Non-Union). He believes they will
come up with a plan that hopefully saves most of the employees’ positions. Passage of the
Renewal Levy will not save all the employees’ positions, but they are working to save as many
positions as they can. The following list is the worst case scenario for a balanced budget plan:
How does this affect my family?
Currently, if someone requests a transport to a hospital other than Greene Memorial Hospital,
even if the protocol says the person can go to GMH, EMS transports them to the hospital of their
choice. Based on the current level of what they are trying to accomplish, all transports will be
made to GMH, unless protocol states otherwise.
Without approval of the Renewal Levy, the deficit will be $410,000 higher than the $1.5 million
projected.
They continue to work with local businesses to help them grow and to work with people who
would like to start new businesses in Xenia. Some of that is currently happening, but they have
to redouble their efforts and work to move this entire economic development forward in order to
bring new jobs and new opportunities into the community.
President Propes entertained comments.
For the record, Mr. Bazelak stated that the Finance Department has been working in conjunction
with the City Manager’s Office on this plan and fully endorses it. None of us wants to see this
happen, least of all the City Manager. He assured them it was necessary for the fiscal integrity of
the City. The citizens need to determine what services they want to see in their community, and
they will have that opportunity beginning August 4th with the Renewal Levy on the ballot. As
stated in the Recovery Plan, an additional opportunity may happen in 2010.
Councilman Louderback said as Mr. Percival alluded to earlier, we can’t depend on the federal
government and we can’t print money. This has trickled down from the federal government to
the State of Ohio. He does not care if you are a Republican, Democrat, Independent, or whatever
party you are affiliated with, we are in dire times right now. He is disappointed. Where are the
three million jobs President Obama promised? We are sitting at this table, just like all other City
Councils across this country, and discussing the elimination of jobs instead of the creation of
jobs. His point is that you can’t depend on the federal government – we have to do this
ourselves. This is not an easy time to be a Council person or an Appointed Official. It is very
difficult when you start talking about somebody’s livelihood, but it is something they are going
to get through. We can’t depend on anybody but ourselves. The State of Ohio is probably in
worse shape than most states in the country. We will get through this. He supports passage of
the August 4th Renewal Levy and hopes the citizens vote ‘Yes’. We really need it. It is critical
that the levy passes, which means NO NEW TAXES. Passage of the levy will not solve the
city’s problems, but it is critical that the city gets the $409,000.
President Propes reiterated that no one present made the decision lightly. They have labored
over the decision for quite some time. They looked at every angle and tried every solution to
balance the budget. Unfortunately, they had to come to the decisions they made this evening.
Phillip Shaw, 743 Sutton Drive, Xenia, said he was present to speak for the kids. He has been a
volunteer for the city’s recreation basketball program for six years. For those six years, he has
looked at the amount of money coming in. Of the list shown in the PowerPoint presentation, the
Parks and Recreation Department’s basketball program is the only one that generates revenue,
although he recognizes there are administrative costs. If the proposed plan is instituted, the city
is going to have problems with its youth. Once kids get to the 6th grade level, they can take a
good path or a bad path. With nothing to do for six months, they will likely go down the bad
path. They will need even more police officers, but there may be six police officers eliminated.
He has looked at ways to generate funds for the Parks and Recreation Department, and there are
ways to keep that department, which is less than 10% of the $1.5 million budget deficit. There is
$70,000 negative. He has offered different proposals to increase revenue, such as admittance
fees to basketball games. Parents may be willing to pay more money to have their kids do
something in the winter. If they eliminate the basketball program, they are going to hurt our city.
He is running for City Council this fall and that is one thing he is looking at doing, among others.
Don’t take the program away from the kids.
President Propes thanked Mr. Shaw for being willing to do something about the problem rather
than just complaining about it. He applauded him for being a volunteer for the city and for his
willingness to run for City Council.
Mayors & Managers: Mayor Pennewitt said there would be no meetings in June, July,
or August.
Miami Valley Regional Planning Commission: Councilman Louderback said that due
to a conflict in his schedule, he was unable to attend the meeting.
met on July 14th and is moving forward with the Banner Sponsorship Campaign. The Board
looked at different types of banners and reviewed sponsorship letters. In order to continue to
move forward, a special session was scheduled for July 28th at 7 p.m. Anyone interested is
invited to attend the meeting. They hope to meet their goal of displaying 20 banners in the
downtown area, and once the program is underway, they will move on to other parts of the city.
BRACA has never been involved in a banner sponsorship program but has always supported the
Parks and Recreation Department through tours and being involved in programs and activities.
She is very proud of BRACA as they try to look outside the box and continuing to move forward
when times are tough.
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She reminded everyone that Beautification Award nominations are due July 25th. Nomination
forms are available at City Hall by the front desk, by the Utility Billing Department, and at the
City Service Center. Everyone is encouraged to nominate someone’s property that they think
stands out in the neighborhood.
She spoke to a new business owner, XTown R/C. The owner is very excited about doing a
presentation to BRACA about possibly having a RC car track in Xenia. The Board is trying to
increase activities for children and adults.
“Music in the Park” upcoming events include:
o July 26th – Rick Henderson and the Shotgun Band, a country band
o August 2nd – Beavercreek Strummers
o August 9th – Second Annual All Church Community Picnic at Shawnee Park. Everyone
is invited.
Halloween Event – Saturday, October 31st (Beggar’s Night) at Xenia Station.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Louderback said he would
like to address Mr. Shaw’s comments. All members of Council are concerned about the youth in
Xenia. Several months ago, the city hired Buxton, a retail and recreation re-locator company.
They are looking at movie theatres, bowling alleys, skating rinks, and anything for the youth of
our city. He agreed that recreational activities are very much needed. Eliminating the Parks and
Recreation Department was a difficult short-term decision that had to be made. Buxton is not
only looking at ways to bring new companies to the city but is also looking at recreational
activities for our youth. Council has not been sitting on their hands and doing nothing for the
youth of our city. Sometimes government wheels do not turn as fast as we would like. For the
18 months he has been on Council, recreation has been one of his top two priorities. Council will
do something for the youth of this city.
Councilman Caupp said normally he would not respond to a “Letter to the Editor” that appeared
in the Xenia Gazette. However, one letter was filled with so many untruths and incorrect facts
that it really caught his attention. The Xenia Gazette editor and publisher, Jon Noel, should be
disgusted with himself for printing something on the opinion page with so many untruths in it.
On July 10, 2009, a letter from a Xenia resident had a number of false statements, and he would
like to clarify the record.
1) The writer asked why the city was $1.8 million in the red. She stated they pay property taxes
twice yearly, income taxes, and smokers pay a double taxation. Councilman Caupp clarified the
city only gets 9% of all property taxes in Greene County, which is a very small bit of the money
that comes into this city. The smoker’s tax paid the city only $695.80 last year. He did not think
the smokers are keeping the city running. The City of Xenia first put an income tax in effect in
1967, which was 1%. In 1979, the city increased the income tax to 1.5%. In 1991, the income
tax increased to 1.75%. The city has now gone 18 years without an income tax increase. He did
not think most working people go without a raise for 18 years. Expenses increase over time, but
the city has not asked the citizens for one extra percentage in 18 years. The income tax remains
at 1.75%. The current Operating Levy generates $457,000*. That Operating Levy is based on
tax valuations from 1959. State law prohibits the city from getting any more than that. When
August 4th rolls around, and you are voting for the Tax Levy Renewal, remember it is No New
Taxes and it is only generating $457,000*. [*Actually, $409,000]
2) The letter writer then asked what the city has done for the citizens in the last few years.
Councilman Caupp responded that the city provides police and fire protection, water, sewer,
streets, snow removal, parks and recreational activities (which will be reduced).
3) The letter writer then states that the streets were not plowed and leaves were not picked up. If
you researched every Gazette that was printed last winter and fall, Councilman Caupp thought
you would probably find a picture of our street workers sweeping up the leaves and plowing the
snow. We had some of the cleanest streets in the county.
4) The letter writer was upset because the Traffic Commission (XTC) did not approve a handicap
parking spot in front of her house. XTC, which is made up of five volunteers who take their jobs
seriously, all went out to look at the resident’s home. The five Traffic Commissioners
determined that it would probably be safer for her handicap daughter to park in the rear of the
property by the garage rather than on the street to get into the house. The letter writer thought the
handicap parking spot was denied because doing so would show special treatment. That is not
why it was denied.
5) The letter writer then asked the Traffic Commission to approve parking on both sides of the street
where she lives. She stated it was denied because the street was 2 inches too narrow.
Councilman Caupp stated the street was over 2 feet too narrow. A fire truck must be able to get
up that street if cars are parked on both sides.
6) The letter writer did not mention in the letter that they had concerns about a dark intersection by
their house. The Traffic Commission did look into the concern. The city paid DPL Energy to
have the light moved to brighten the intersection, which was done fairly quickly to accommodate
the citizens’ request.
7) The letter writer then stated they should use city workers for new projects within the city. Every
member of Council and the City Officials would love to have nothing but city residents working
on every construction crew in the city. Unfortunately, we can’t control who the contractor hires.
8) The resident then said that the city closed the Greene County Pool. The Greene County Pool is
not owned by the city – it is owned by the County and it was County Commissioners’ decision.
Several members of Council and City Officials discussed options with the County
Commissioners and the YMCA to see if there were other ways to keep that pool open. Even the
YMCA determined it was not financially possible to keep that pool open.
Councilman Caupp noted the city is asking for another tax levy, and this resident has the right to
vote ‘No’ on this tax levy, as the letter states. He would encourage all residents to vote ‘Yes’ on
this tax renewal. It is a Renewal = No New Taxes. Everyone who saw the presentation tonight
saw the situation that the city is in. Without the $409,000, which means no new taxes to any
citizen in this city, the city will be in even worse shape and have to make even deeper cuts next
year. The Local Government Fund are monies the city receives from the State of Ohio; those
funds decrease every year. Next year, it is projected that the city will receive 15% less money
from the State of Ohio. We have to make up that money somewhere. Unfortunately, they have
to ask the citizens what quality of life they want in their city and to determine what kind of city
they want to live in. Revenues are down and taxes are down. The city has not asked for an
income tax increase since 1991. The city’s income tax rate of 1.75% is one of the lowest in the
Miami Valley. Most surrounding communities have an income tax rate of 2.5%. The cost of
living in the City of Xenia is very economical compared to our surrounding neighbors.
Councilman Caupp said any citizen that is concerned about how money is spent is welcome to
attend the City Council meetings that are held the second and fourth Thursday of each month.
The Schedule of Bills is available for anyone to review at those meetings. Any citizen can
question any expenditure that is on the Schedule of Bills, and the city will justify the expenses.
The city’s revenue has decreased and expenses have been reduced wherever possible.
Councilman Caupp said no one sitting here tonight wants to eliminate jobs, affect people’s
livelihood, or affect people’s families, but decisions have to be made. Over 75% of the budget is
personnel. Obviously, with this kind of deficit, there is no other way to make a dent in that
revenue shortfall without looking at personnel. They have looked at every way possible to
reduce expenses. Council members and the Appointed Officials take their jobs seriously and
take the elimination of the Parks and Recreation Department seriously. They would love to have
a Parks and Recreation Department that ran 365 days a year that could provide all the services
possible. However, it is up to the residents to decide if they want that kind of parks and
recreation program. Without increased revenues, the city cannot provide those kinds of services.
He asked citizens to please call any member of Council or any Appointed Official if they have
questions or concerns so they can explain the city’s position. He encouraged citizens to vote for
approval of the tax levy. They have an open door policy and citizens are encouraged to ask
questions at Council meetings. Phone numbers for Council and the Appointed Officials are
displayed on the city’s website. If you have questions, please call them.
UNFINISHED BUSINESS: Clarification on Community Development’s Pay Requests for
CHIP and the Mural Society (Councilwoman Felton). Mr. Percival said since Councilwoman
Felton was absent he would like to answer her question at the next meeting. President Propes agreed.
Emergency resolution authorizing the City Manager to apply for financial
assistance from the Ohio Public Works Commission (Issue II) for the construction of a 20inch redundant water transmission main. Mr. Percival said this project has been deemed a
top priority of Council for quite some time. Staff applied for Stimulus funding and several other
funding sources but have been turned down. Engineering staff believes that this project should
be submitted for State Issue II funding to assist in defraying some of the associated costs.
Mr. Percival respectfully requested that Council waive the second reading of a resolution at two
consecutive meetings and pass as an emergency a Resolution authorizing the City Manager to act
on the City's behalf in obtaining Issue II grant funds for the construction of a 20-inch redundant
water transmission main.
EXECUTE AND FILE WITH THE DISTRICT 11 PUBLIC WORKS INTEGRATING
COMMITTEE AN APPLICATION ON BEHALF OF THE CITY OF XENIA FOR AID IN
PARTLY FINANCING THE COST OF CAPITAL IMPROVEMENT PROJECTS PURSUANT
TO THE PROGRAMS ADMINISTERED BY THE OHIO PUBLIC WORKS COMMISSION;
TO EXECUTE CONTRACT AGREEMENTS WITH THE STATE OF OHIO; AUTHORIZING
THE CITY MANAGER TO PERFORM ALL ACTS AND EXECUTE ALL DOCUMENTS HE
CONSIDERS NECESSARY TO FULFILL THE CITY OF XENIA’S OBLIGATIONS UNDER
SAID GRANT APPLICATION AND CORRESPONDING AGREEMENTS; TO COMPLY
WITH ALL RELEVANT LOCAL, STATE, OR FEDERAL LEGAL REQUIREMENTS; AND
TO PROVIDE ASSURANCES AND ADDITIONAL INFORMATION AS REQUIRED BY
THE OHIO PUBLIC WORKS COMMISSION, AND DECLARING IT TO BE AN
EMERGENCY.
placed at once upon its passage. Discussion followed. Councilwoman Mills thanked staff for
looking into obtaining Issue II money and for continuing to look for other funding sources. She
asked if Issue II money would cover all the expenses or if there would be a split. Mr. Percival
said Issue II money would not cover all expenses. It would probably an 80/20 or 75/25 split.
Any expenses would come out of the Water Capital Improvement Fund. Councilwoman Mills
noted the Water Capital Improvement Fund can only be used for water expenses and cannot be
used to subsidize any other needs of the city. Mr. Percival said that was correct. The Roll on
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 09-R
Nays: None
motion carried.
Emergency ordinance for the City Manager to execute an easement to DP&L for an
electric distribution line to service the Xenia Police Storage Building on Towler Road.
Mr. Percival said on June 11th, Council passed a Resolution authorizing him to grant an easement
to Dayton Power & Light for the purpose of relocating existing transmission pole lines along the
Creekside Bikepath. On June 23, 2009, the City Engineering staff was informed by the
contractor that all work had been completed, with the exception of the electric service to the new
building. The contractor indicated that Dayton Power & Light (DP&L) could not install the
service until it was able to attain a 10-foot easement from the City. As such, the request before
City Council is the authorization for the City Manager to execute the easement.
Vice President Miller presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN EASEMENT TO THE DAYTON POWER & LIGHT COMPANY FOR THE
PURPOSE OF LOCATING AN ELECTRIC DISTRIBUTION LINE ON PROPERTY OWNED
BY THE CITY OF XENIA TO SERVICE THE XENIA POLICE STORAGE BUILDING ON
TOWLER ROAD, AND DECLARING IT TO BE AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Emergency resolution authorizing the City Manager to enter into an LPA
Agreement with ODOT for the construction of the East Main streetscape (Whiteman St. to
Collier St.). Mr. Percival said this project is funded by monies received from the American
Recovery and Reinvestment Act (ARRA) of 2009. An LPA Agreement says the City of Xenia,
not ODOT, will oversee the construction and administer the contract. The project involves the
installation of aesthetic enhancements such as decorative trees, lighting, and rehabilitated curbs
and sidewalks along a section of East Main Street from Whiteman Street to Collier Street. This
resolution allows him to enter into a contract with the Director of Transportation to accept the
funds and allow the City to administer the contract. This legislation is required for all ODOT
contracts. It makes more sense for the City to manage the project in-house to order get the
project completed quicker and at less expense. He noted City Engineer, Chris Berger, was
available for questions.
Mr. Percival respectfully requested that Council waive the second reading of a resolution at two
consecutive meetings and pass as an emergency a Resolution authorizing the City Manager to
enter into an LPA Agreement with the Director of Transportation of the State of Ohio for the for
the construction of the East Main Streetscape (Whiteman St. to Collier St.; PID No. 86225) and
execute all necessary documents.
ENTER INTO AN LPA AGREEMENT AND EXECUTE ALL NECESSARY DOCUMENTS
WITH THE DIRECTOR OF TRANSPORTION OF THE STATE OF OHIO FOR THE
CONSTRUCTION OF THE EAST MAIN STREETSCAPE (WHITEMAN ST. TO COLLIER
ST.), AND DECLARING IT TO BE AN EMERGENCY.
Councilman Caupp noted the project costs $209,348 and is similar to the project in front of City
Hall. Mr. Berger agreed it is a similar project. Councilman Caupp felt it was important for
residents to know that this project is funded by Stimulus money. Several residents questioned
him about the project in front of City Hall. The City is not spending any General Fund money
on these projects; it is funded 100% by monies received from the American Recovery and
Reinvestment Act. Mr. Percival agreed. The project in front of City Hall is funded by money
that must be used for improvements in the downtown area. As Councilwoman Mills expressed
earlier, those monies are restricted for a specific purpose and cannot be used to fund police
officers, fire fighters, or anything else.
Mayor Pennewitt noted the letter from ODOT to Mr. Percival was dated April 27, 2009. She
asked why Council was just receiving a copy of the letter now. Had it been processed earlier,
Council would not have needed to pass the resolution as an emergency. Mr. Berger said what
prompted them to add the ODOT agenda items was because ODOT said they needed
authorization from City Council in order to keep the process rolling and to get the projects
awarded in October. ODOT has not asked them that, but he did not want to come back before
Council a second time with the same thing, which is why staff asked that both agenda items be
approved tonight.
Councilman Louderback asked if it was safe to say that this project would retain jobs but did not
create any new jobs. Mr. Berger said this would be a contracted job, which would increase work
for contractors in accordance with the federal government’s plan. Councilman Louderback
clarified this would not fall under the 3 million new jobs but it was a retention of jobs.
Mr. Berger said that was correct.
Nays: None
motion carried.
09-S be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Emergency resolution authorizing the City Manager to enter into an LPA (Local
Project Administrator) Agreement with ODOT for the construction of the South Detroit
Street Bikeway. Mr. Percival said this project is also funded by the American Recovery and
Reinvestment Act (ARRA). The project involves the widening of the existing sidewalk along
the east side of S. Detroit Street from S. Miami Avenue to Hill Street and the north side of Hill
Street from S. Detroit Street to the Ohio Erie Bike Trail. The resolution allows the City Manager
to enter into a contract with the Director of Transportation for accepting the funds and allowing
the City to administer the contract. This legislation is required for all ODOT contracts. The City
of Xenia, not ODOT, will oversee the construction and administer the contract.
Mr. Percival respectfully requested that Council approve the resolution as an emergency
authorizing the City Manager to enter into an LPA Agreement with the Director of
Transportation of the State of Ohio for the for the construction of the South Detroit Street
Bikeway (PID No. 86222) and execute all necessary documents.
ENTER INTO AN LPA (LOCAL PROJECT ADMINISTRATOR) AGREEMENT AND
EXECUTE ALL NECESSARY DOCUMENTS WITH THE DIRECTOR OF
TRANSPORTATION OF THE STATE OF OHIO FOR THE CONSTRUCTION OF THE
SOUTH DETROIT STREET BIKEWAY, AND DECLARING IT TO BE AN EMERGENCY.
Knowing that both projects are an LPA (Local Project Administrator), Vice President Miller asked
if they could have done that when they resurfaced Church Street behind K-Mart. Mr. Percival said
that was an Issue II project. Mr. Berger agreed; this project is funded by Stimulus funds. He
clarified Vice President Miller was asking if this project could have been an LPA two years ago.
Vice President Miller said that was correct. Mr. Berger said they could have made that application;
however, the Church Street project probably would not have scored very high for State Issue II
money. President Propes thought Vice President Miller was asking if the project could have been
managed locally. Vice President Miller agreed. Mr. Berger said they did. Vice President Miller
noted Mr. Berger was not the City Engineer then. The city did not manage the reconstruction of
Church Street behind K-Mart. The project was managed by state contractors and with state money.
The city was only told when the road would close and reopen. The city was not allowed to manage
the project, according to the previous City Engineer, Jim Jones. He and Councilwoman Felton
made several comments about how often workers were not working on that project. Now that the
city will manage this project locally, it will probably be completed faster, more efficiently, and at
less expense. Mr. Berger agreed; they will have a lot less hassle because they will not have to deal
with the state. Vice President Miller said if the city can manage the monies the federal
government/state gives the city, the city can manage the money much better. The Church Street
project probably took an additional 30 to 40 days to complete. No one ever worked on the project
on Friday, Saturday, or Sunday, which is the difference between managing a project locally, with
local money, versus having it managed with contractors hired by the state or federal government.
He applauded Mr. Berger for trying to get money that can be managed locally.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Louderback, that Resolution Number
09-T be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Items for the City Manager: Mr. Percival reminded everyone that August 4th is
Election Day. Because the Greene County Fair is open on August 4th, he announced that anyone
who normally votes at the Greene County Fairgrounds will vote at Benner Field House. If
citizens have questions, they can call any of the Appointed Officials, Council Members, or the
Board of Elections. Councilman Louderback asked if that information could be posted on
Channel 5. Mr. Percival said information would be posted on Channel 5 and the city’s website.
totaling $548,428.18. Discussion followed. Councilman Louderback commended the city for
spending 95% of its money locally at such businesses as Ad Leap and Screen Play, which
pleased him greatly.
Councilman Caupp questioned the following invoice:
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Page 10 – Medtronic Physio Control Corp. for two battery charges/batteries at $4,474.40.
Mr. Percival said the batteries were for the AED’s (defibrillators) used by the Fire Division.
Mayor Pennewitt questioned the following invoice:
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Page 10 – Manpower Services for computer labor at $575.46. She asked if those services would
be eliminated. Mr. Bazelak said those services would be limited. As noted earlier, there will be
lay-offs in the IT Department. They will do what they can to continue to provide computer
service internally, and Manpower Services will be limited.
Nays: None
motion carried.
ORDINANCE AMENDING ORDINANCE 09-13 TO MAKE ADJUSTMENTS IN
APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE CITY OF XENIA, OHIO,
DURING THE FISCAL YEAR ENDING DECEMBER 31, 2009 (319 Stream Restoration Grant
Project), and it was read for a second time.
Nays: None
motion carried.
Items for the Law Director: Mr. Lewis introduced Tom Rueth, an intern in the Law
Department for the last few months. Mr. Rueth is a third year law student who has finished all
his course work but had to do an externship. The Law Department has received free labor for a
few months. Mr. Rueth will make an excellent lawyer. He is a very hard worker and very
meticulous. He has been a huge help to his office and has been the chief trial council on a few
cases; in fact, he did a jury trial that provided him some good experience. He attends Cooley
Law School in Michigan and is a Bellbrook resident. Councilman Louderback asked Mr. Rueth
if he was a Michigan fan. Mr. Rueth said no; he is an Ohio State fan! (Laughter followed.)
President Propes thanked Mr. Rueth for his service to the city.
Mr. Lewis also thanked the Political Action Committee (PAC) Group, “Citizens for Xenia,” for
all their hard work and for providing yard signs for the Renewal Levy campaign. The group also
has other activities planned regarding that issue, such as a door-to-door campaign, in conjunction
with some city volunteers.
READING OF COMMUNICATIONS AND DISCUSSION: Vice President Miller reiterated
what Councilwoman Felton said about the Levy Renewal yard signs. There will be yard signs
displayed, but they were not purchased by the City of Xenia or with City Key Operating or
General Funds. The signs were paid for with funds donated from different organizations to make
everyone aware how critical it is that the Renewal Levy passes in August. As a child, he was
raised in Bellefontaine. He remembered the news about the 1974 tornado and how the City of
Xenia really stuck together. In spite of having a large family, he also remembered how his mom
was willing to donate food weekly for Xenia residents. Xenia has always come together. He
was a member of Council during the 2000 tornado and will never forget how generous the city
was to each other and the outpouring of neighbors. He thinks the city needs to come together
again and understand how critical the August issue is. It is very difficult for Council and the
Appointed Officials to cut the budget and eliminate jobs. They are trying to do the best they can
with what they have. They are asking for the citizens to come back together, to understand the
issues, and to vote for the Renewal Levy.
Councilman Louderback reiterated the importance of the August 4th levy. Please, we need your
support. He then cautioned there are some scam companies preying on our senior citizens.
Following the hail storm a few weeks ago, some roofing companies were asking for 50% down
for repairs from senior citizens. Don’t sign an agreement until you have checked with the Better
Business Bureau or the city. Those companies are just out to take your money. He is very
suspect of a new start-up company coming to town. They had a meeting a few weeks ago. If it
seems too good to be true, it probably is. Be very careful before signing on the dotted line
because there are people who will take your money.
Councilman Caupp wished a “Happy Birthday” to his twins, Matthew and Macy, who turned 6
years old last Tuesday. His wife will be 40 on Election Day, August 4th. If you see her walking
around town on Election Day, please wish his wife a “Happy Birthday.” He encouraged
everyone to vote on August 4th. The Renewal Levy means NO NEW TAXES.
Councilwoman Mills congratulated the following businesses and people:
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She wished United AME Church a “Happy 35th Anniversary.”
She congratulated Dan McClanahan for being chosen as “Volunteer of the Year.” Volunteers are
the most special people in the world.
She congratulated Tudor’s Biscuit World for a wonderful grand opening. Yes, they do bake all
the biscuits fresh in their store every day.
She congratulated the Ohio Historical Society for a successful luncheon on Saturday, July 18th to
raise money to restore the Galloway Cabin.
Councilwoman Mills also reminded everyone of the August 4th Renewal Levy. Change is very
hard. She has worked very hard with the Parks and Recreation Department for four years as the
chairperson for BRACA. She froze during the Santa in the Park and Easter Egg events, distributed
cookies, volunteered at the Halloween Event, etc. The Department has represented a lot of things
and it is a shame that changes must be made. No one likes change. As a city, they also do not
appreciate that change. She asked the community to think outside the box. Last year was the
city’s first and sadly the last community picnic. Luckily, local churches will sponsor the event this
year so it can continue. She challenged citizens to volunteer, to move forward, and to not let things
fall in the cracks. We can do this even without the programs we are used to. She will sadly miss
her friends who have helped her and taught her how to get things done. However, she knows they
also do not want to see what they have worked so hard for fall in the cracks. She challenged
everyone to see an opportunity and grab it, to attend meetings, whether it is a BRACA or Planning
and Zoning meeting, and become involved. It is during these times that citizens need to pull
together and become united—then we can do anything.
Mayor Pennewitt said she has always made a point to be truthful with the citizens of Xenia.
What you have heard tonight is the truth. We are in dire need of revenue. She asked that the
citizens find it in their hearts to make the best decision for the City of Xenia. She cares for every
citizen and will miss them, because she is not running for re-election. Her term expires in six
months, and she does not want to leave with sadness in her heart. She prays that they all do the
best thing for this city and for themselves. God bless you.
As he announced a few months ago, President Propes said he also will not be running for reelection, which has made recent decisions more difficult for him. He feels like he is quitting. He
got on Council hoping to leave the city in better shape than when he was elected, but he does not
feel he did that. The current economic times have hit everyone. He has tried to do the best he
could while on Council. Unfortunately, they had to come to the decisions they came to this
evening. As Councilman Louderback stated, we will get through it, but not with him as Council
President or a Council member. They need the help of all the citizens. He will try to remain
involved with the City of Xenia as much as possible. We are a community, and a community
can get anything accomplished that they want to get accomplished. He honestly feels he has let
the community down, and he apologized.
ADJOURNMENT: Motion by Vice President Miller, seconded by Mayor Pennewitt, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
August 13, 2009
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on August 13, 2009, at 6:00 p.m., in the
First Floor Conference Room, City Hall, with the following members present: John Caupp, Dale
Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis R. Propes.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to meet in Executive Session to
Nays: None
motion carried.
Regular Session
7:00 p.m.
Session in the City Council Chambers, City Hall, with the following members present: John
Propes.
President Propes explained the meeting started late because Council had an Executive Session to
discuss personnel matters prior to the Regular Session. Council is working hard with everyone
involved in an attempt to mitigate some of the lay-offs as best as possible. Hopefully, there will
be some good news in the next few weeks in that regard.
INVOCATION: Carol Lynne Usher, Prayer Coordinator for Heart to Honduras, gave the
to approve the July 23, 2009, Executive/Regular Session minutes as written. No discussion
Abstain: Felton
Nays: None
motion carried.
Donation from Key Club. Mayor Pennewitt noted Key Club is sponsored by the Kiwanis Club
of Xenia. Key Club members then presented a $100 check to the Xenia Parks and Recreation
Department for playground equipment. Mayor Pennewitt thanked the Key Club for their
donation. Ms. Carman introduced the Key Club members present. Mayor Pennewitt introduced
Councilwoman Mills, the chair of BRACA, and invited her to join them in the photo that was to
be taken. She asked how the money was raised. Ms. Carman said the Key Club has a very
successful garage sale every summer at Xenia High School and donations they received from
everyone in the county were incredible. The money raised is used for things like the playground
equipment and helps pay for members to attend the annual convention in Columbus. Mayor
Pennewitt said she can attest to the hard work done by Key Club members. Members have
helped with the Rail & Arts Fest and were there at 6 a.m. on both days putting up tents and tables
and they were still there at 6 p.m. They were so blessed to have young people with so much
energy and desire to help. The Key Club made her day! (Applause followed.) Ms. Carman said
Mayor Pennewitt and her husband were also diligent workers at the Rail & Arts Fest. They hope
the heat will not be so intense this year at the event. Key Club members will be at the Rail &
Arts Fest on Saturday, August 22nd, and they hope everyone attends the event.
Councilwoman Mills thanked the youth of the city for wanting to take the time to do this. They
always hear about how youth sit around and play video games, but these young men and women
do not do that. Through the Parks and Recreation Department, Key Club members also helped
with the Christmas Event, Easter Egg Hunt, Spirit Day, and various other BRACA events. She
thanked the members for all the things they have done and for all the things they will do in the
future. (Applause followed.)
Certificate of Appreciation from National Guard. President Propes said in May, he and
Mayor Pennewitt attended a “Call to Duty” ceremony for the 2 nd 107 Calvary located in Xenia.
He presented a Certificate of Appreciation to Mayor Pennewitt that the Ohio National Guard 2nd
107 Cavalry Regiment prepared thanking her for her support. (Applause followed.) Mayor
Pennewitt said she was truly surprised. President Propes noted Mayor Pennewitt said she did not
know anything about the presentation on tonight’s agenda. They have been keeping it a secret
from her. Mayor Pennewitt said the “Call to Duty” ceremony was one of the most touching
events she attended. She spoke to a group of reservists who were leaving for war. The event
was attended by their spouses, children, parents, and friends. It was so heartwarming to see
people gather together but she knew they were experiencing such sorrow to see their loved ones
leave. She could not recall what she said in her speech, but she remembered thinking the
soldiers looked too young to go to war. After her speech they thanked her for what she said.
There really is love in the world today and a caring attitude. Sometimes we are hesitant to
express our feelings. She said she received the plaque with much pride and will hang it on her
wall at home when she retires. (Applause followed.)
Presentation of Ford Road Contract A Improvements. Mr. Percival said for the last year,
staff detailed specific improvements that are needed at the Wastewater Treatment Plants. They
are almost ready to begin with the Contract A improvements. He asked Jason Tincu, Utilities
Manager, to discuss the details of what they are doing, particularly at the Ford Road WWTP.
Councilwoman Felton asked Mr. Percival to first explain where the money is coming from for
the improvements since the city is having a cash flow problem. Mr. Percival said anything that
is utilities related, such as water, wastewater, or sanitation, comes from the Utilities Fund. In
this specific case, the Contract A Improvements at the WWTP will come through the Sewer
Plant and Trunk Fund, which is the Sewer Capital Improvement 665 Funds. Most of the
improvements will be funded through the Ohio Water Pollution Control Fund. He asked the
current interest rates. Mr. Tincu responded that the current rate is about 4.25% on a 20-year
loan, which is a very attractive rate on a low interest loan.
Mr. Tincu said over the last 24 months, and subsequent to the completion of the 2008 Facility
Master Plans for the Ford Road and Glady Run Wastewater Treatment Plants (WWTPs), a series
of improvement phases were recommended to deal with current and future regulatory
compliance, infrastructure and service capacity deficiencies within the WWTPs. Contract A is
vital for (1) the City of Xenia and surrounding watersheds’ environmental health and well-being;
and (2) the City’s sustainable development. He realizes the city’s financial situation, but when
they look for economic development and growth, it is critical that they have infrastructure that is
able to be maintained, that can service all that capacity, and that they have the ability to propose
the land and services to all those companies. It is critical that they rehabilitate infrastructure in a
timely and responsible manner, which is a key piece of the presentation. They must also
maintain regulatory compliance with state and federal law.
Mr. Tincu said he would be joined in his PowerPoint presentation by Jamie Gellner from Hazen
and Sawyer, the firm hired in March 2009, to spearhead this design project. Mr. Gellner is a
professional engineer and project manager from Hazen and Sawyer’s Cincinnati office who has
worked with city staff for the last six months to help develop this project.
Ford Road WWTP Contract A Improvements
Outline:
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Background – The Ford Road WWTP and its role in the city’s water infrastructure.
Summary of recently completed improvements at the Ford Road and Glady Run Facility Master
Plans.
Upper Little Miami River Watershed and its relation with phosphorus.
Motivating factors/drivers for this improvement project.
Design details of the three phases of this project.
Cost Estimates/Funding/Schedule
Council Requested Action
Questions
The graphic below was presented to Council last month and depicts the flow and processing of
water throughout the city. They will discuss the end of the process chain tonight, which is
wastewater treatment, specifically at the Ford Road WWTP, 779 Ford Road in Xenia Township.
Master Plan. The Ford Road WWTP was built in 1969 and has a design flow of 3.6 million
gallons per day and a rated hydraulic peak of 12 million gallons per day. The facility was last
upgraded in 1999, mainly to deal with hydraulic deficiencies. In 2007, the city contracted with
Malcolm Pirnie from Columbus to create a roadmap for the next 20 years of sustainability and
regulatory compliance with regard to the Ford Road and Glady Run WWTPs.
In 2002, the USEPA implemented a TMDL, which is a mass based loading allocation across all
the wastewater plants in a watershed. One of the major concerns in a watershed is phosphorus
because of all the agricultural and development in residential neighborhoods that are really
causing havoc on the watershed, as well as downstream in the Gulf of Mexico Hypoxia Zone.
The Little Miami River flows into the Ohio River, which goes into the Mississippi River and
directly into the Gulf of Mexico. If you think about the United States, that is strictly an
agricultural region. A lot of nitrogen and phosphorus is coming down that watershed. If there
are too many nutrients in a watershed, it promotes algae growth. Algae growth then decomposes
and the micro bacteria use up all the oxygen and deplete the watershed of oxygen for fish and
wild life. The USEPA is working through state agencies to try to curtail that phosphorus and
nitrogen load.
The WWTPs across the basin includes the Montgomery County Eastern Regional Plant, the
Greene County Plant, which includes the Beavercreek and Sugarcreek plants, and the two Xenia
facilities.
These efforts have been aimed at mitigating any future reductions at the WWTPs. Staff is fine
with 1 part per million (ppm), but they are trying to get out of the.5 ppm because it will cost
everyone on the watershed money. They are participating in a collaborative watershed sampling
program, along with Greene and Montgomery counties, to evaluate the industry and phosphorus
levels aimed at meeting the TMDL targets of the watershed, which is .17 phosphorus in the
stream for two consecutive years at the bottom end of the watershed. For six to eight weeks in
the summer months, they are collecting samples at the lower end of the watershed to evaluate
how all the reductions upstream of that point are affecting the industry and water quality
standard. They were below the target in 2008, but they need to have two consecutive years. The
data for 2009 was analyzed today and they are at .2 for their median, so they are close. They are
hopeful that through the rest of this season, they can get that industry target down to meet the
second consecutive year requirement. From there, they can petition the EPA and state that they
have met their goal, now back off on the .5 ppm standard. They met with the EPA on July 15th,
along with Montgomery and Greene counties, to discuss possibly pushing that limit back to
2018, thus buying themselves a five-year time frame to see how all the reduction efforts in the
watershed are working. Let’s not jump into this .5 ppm when they don’t know what all the
reduction measures are doing.
A CREP is a Conservation Reserve Enhancement Program through the U.S. Department of
Agriculture (USDA). They are proposing about $90 million coming from the USDA to come
into the Little Miami River Watershed to promote conservation and enhancement projects to the
agriculture community. They can buy a 200’ easement next to a stream or watershed, take that
property out of production, put in some grass strips, and compensate that farmer for that land
through those funds. They can then provide a buffer strip between the watershed and any
phosphorus and nitrogen that is applied to the field. They are aggressively pursuing that.
Mr. Gellner continued with the specifics of the design project. He noted Mr. Tincu mentioned
the roadmap that was created as part of the master planning process for each of the WWTPs.
Mr. Tincu and his staff have been working very hard to re-prioritize and look at the
improvements that are necessary from that roadmap. Contract A improvements are the first and
most crucial of the improvements and are absolutely needed in order to reliably operate the
plants and to meet some of the current regulatory requirements, particularly at the Ford Road
WWTP. The three basic pieces of improvements that are part of Phase A include the following:
They are moving back improvements to the outfall headwall to allow for some other
improvements that are being funded through the stimulus package and others to restore part of
the stream bank in that area.
Mr. Tincu continued with the presentation. A few weeks ago, he asked for Council’s approval
for the Stream Restoration Project, which is specifically grant funded – no cash will be needed.
The Stimulus Project is another piece, which will mean no cash out of the city’s pocket – it is
grant funded. Backing up that outfall is just buying themselves an insurance policy on any future
erosion issues.
The project will be completely funded with OEPA’s Division of Environmental and Financial
Assistance (DEFA) funds at a current rate of 4.25% or 4.5% over 20 years and will equate to
about $175,000 from the Sewer Fund per year. The first payment for this project will be made in
2011, which is the same time another project will be paid in full.
Council Requested Action:
Mr. Tincu said $11,000 was budgeted in their Capital Funds for the Permit-to-Install (PTI)
submittal. The Ohio EPA requires that they submit a PTI on any wastewater system
improvements. Tonight they are requesting that Council transfer funds in the amount of $4,100
and execute a purchase order in the amount of $15,100 to cover the OEPA PTI fees.
Councilwoman Felton noted Mr. Tincu said it was grant money. Mr. Tincu said the Stream
Restoration Project discussed on July 9th is aimed at restoring the stream bank and for protecting
the integrity of their serviceability and outfall. The stream work (green work) for restoring that
stream is grant funded. This is an improvement project that will be loan funded through their
Capital Improvement Program. Councilwoman Felton did not think that was what Mr. Tincu
said during the presentation. Mr. Tincu said the headwall piece is tied to the Stream Restoration
Project and that work is grant funded. Councilwoman Felton noted Mr. Tincu said $2.2 million
is DEFA funded. Mr. Tincu clarified that $2.2 million is DEFA Loan funded. Councilwoman
Felton asked Mr. Tincu to revise the presentation to indicate the project is DEFA Loan funded.
Mr. Tincu said he would do that.
Councilwoman Felton asked how much was still owed on the amount previously borrowed to
repair the WWTPs. Mr. Bazelak thought the loan would be paid in full in 2020 and thought they
paid $500,000 yearly. In 2011, the first loan will drop off, which is about $180,000 per year so it
would be close to an offset since this will be $175,000 per year. Councilwoman Felton asked if
the current utility rates would cover the deficit. Mr. Tincu said yes. Mr. Percival said there is no
deficit. The $175,000 is covered now. When that goes off and the new one goes on, it will just
be a wash; there will be no additional increase. Mr. Tincu said there is the possibility of a
second stimulus package because some people are not following through with their initial
proposals for the stimulus money. There may be some additional funding available for 50% of
it, possibly offered through the American Recovery and Reinvestment Act. In order to secure
those funds, they need to get their PTI in the pipeline so it is ready if funding becomes available.
Mr. Percival noted the Ohio Revised Code and Ohio Administrative Code requires that anyone
who plans to construct a wastewater collection, conveyance, storage, treatment, or disposal
facility must apply for and receive a wastewater permit-to-install (PTI) from Ohio EPA.
Therefore, he respectfully requested that Council entertain two motions:
Motion 1 - Waive the second reading and approve as an emergency an Ordinance transferring $4,100.00
from account 665-1331-55305 into account 665-6450-53607 for the Contract A Project (Ford Road
WWTP) PTI Fees.
Motion 2 - Approve a purchase order for $15,100.00 from account 665-6450-53607 to the Ohio EPA via
the Treasurer, State of Ohio for the Contract A Project (Ford Road WWTP) PTI Fees.
Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE 09-13 TO
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that the rules requiring the
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that Ordinance Number 09-53
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, to authorize the City
Manager to execute a purchase order in the amount of $15,100.00 from account 665-6450-53607
to the Ohio EPA via the Treasurer, State of Ohio, for the Contract A Project (Ford Road WWTP)
PTI Fees. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Jackie Fuller, 223 Roselawn Drive, Xenia said she hoped the improvements Mr. Tincu discussed
would not cost [the taxpayers] anything [in addition to what they are currently paying in sewer
rates] and that she would get something out of it. She thanked Councilman Louderback for his
efforts to get Greene CATS to make an additional stop on their flex route. According to an
article in the newspaper, the change will benefit the residents of the Walter Sellers Apartments as
many of the tenants are handicapped. It was her understanding that the change had not happened
yet, but she applauded Councilman Louderback for his efforts and wished him success.
Councilman Louderback thanked Ms. Fuller for her comments. Ms. Fuller said during times
when we hear about cuts to our services, it is nice to hear that we might be getting something
extra. Regarding the City’s recent Operating Levy renewal effort, there still seems to be a lot of
misunderstanding about passage of Issue I. There was an editorial in the August 11th Xenia
Gazette that people asked her questions about. For some reason, they think she would know the
answers, but she does not. She promised them she would find out why these cuts are still
necessary even after passage of Issue I. Hopefully, Council will be able to help her and some of
our listening audience with their confusion. She understood this issue was first presented to the
taxpayers in 1979. Mr. Percival said the levy was first passed in 1959. Ms. Fuller noted that was
50 years ago. At that time, it was presented as a temporary measure to finance the operation of
the city over a five-year period. At the end of the five years, apparently it was put on the ballot
as a renewal levy. Obviously, over the last 50 years, it has been renewed ten times. She asked if
there were other cuts made in city services over those 50 years, or if this the first time they have
had to resort to cuts in services. President Propes said cuts were made in 2003.
Mr. Lewis noted the format for audience comments was not a question and answer time for
Council. If Ms. Fuller would like to make a statement, that should be made now. This is not the
forum for bantering back and forth. Ms. Fuller said she was not trying to banter back and forth;
she was trying to get some answers. Mr. Lewis said he completely understood, but right now is
not the format for that venue. He appreciates and supports what she is trying to do; however,
there is a precedent for audience comments. Ms. Fuller asked how Mr. Lewis proposed she get
answers to the citizens who passed Issue I and who will be paying for it.
Mr. Percival said the presentation he made at the previous Council meeting is on the city’s
website. It is very specific about what the Renewal Levy was for, what it does not do, and the
cuts that need to be made regardless of whether the Renewal Levy passed or not. If citizens have
questions, they should view his presentation on the city’s website. After viewing that
presentation, if they have further questions, they can call him any time at (937) 376-7230 or
e-mail him. His e-mail address is on the city’s website. He will be happy to answer any
questions. Ms. Fuller clarified there would have been even deeper cuts had Issue I not passed.
Mr. Percival said that was correct.
A lady came to the podium to distribute packets to Council entitled, “Let’s Give a Chance to the
Youth of Today to Prosper Tomorrow.” She said her partner got cold feet at the last minute and
will be unable to speak to Council this evening; therefore, she will speak for her. She introduced
Teresa Henry, 1033 Jasper Avenue, who has been a Xenia resident for most of her life.
Ms. Henry has dedicated her life to her two loves, cooking and helping youth reach become
positive, contributing citizens by helping them reach for their dreams. Last year, together with
other concerned residents, a non-profit organization known as the East End Community
Organization was founded and Ms. Henry is the current President. She is Ms. Henry’s volunteer
administrative assistant, a former Xenia resident, currently residing in Yellow Springs.
The East End Community Organization has an immediate need for the following:
1) Donations of clothing for a free back-to-school clothing give-a-way.
2) A banner bearing the name of the organization.
3) Space to hold food fundraising activities.
4) Copy machine paper for running flyers to share with the Xenia community.
5) A van to transport the kids.
Material or monetary donations will be accepted and all donations are tax deductible. Please
help us to help the youth of Xenia. We love these children, as we know you do too. They want
to continue to show children that we care. Please take the time to read about the organization
and call (937) 270-1424 if you can assist or lead them in a direction to receive assistance. The
East End Community Organization is in the process of gathering information from Xenia youth
about the positive and creative outlets they would like to have. In the near future, they would
like to see an ongoing weekly teenage summit in order to (1) put their first board in place by
October 2009 to be a voice for the teenagers; and (2) to address those concerns accordingly.
They need a building for the youth to convene in order to develop potential and long-term
sustainability for their continued development. They would like a commitment from businesses
and organizations of Greene County that care about the future of our children. They can exhibit
their commitment by donating the following: staplers, binders, folders, file cabinets, markers,
pens, pencils, tables, chairs, a copy machine, copy paper, and office space that can be sectioned
to accommodate four meeting rooms. In exchange, until they can afford to pay rent, their youth
will provide cleaning services to those responsible for providing those services. She asked for a
round of applause for the youth of Xenia. (Applause followed.)
President Propes noted a young Boy Scout was in the audience and invited him to come to the
podium. He asked if the Boy Scout was working on his civic badge. Mr. Dotson introduced his
son, Brandon Dotson. Brandon is now a second class Boy Scout working on his first class Boy
Scout. They are here today to experience government. Brandon will present a report to his
scoutmaster, based on what is discussed at this particular meeting, to help him receive his Merit
Badge for Citizenship in the Community. Council welcomed Brandon and gave him a round of
applause. Councilwoman Mills noted Brandon will be starting 7th grade and thanked him for
attending the meeting.
Traffic Commission: Councilman Caupp said the XTC met on August 3rd and discussed
the following:
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Removal of a stop sign at W. Third and S. Galloway Street, which will be coming to Council for
approval.
No outlet sign will be erected on Drake Drive, as people turn left onto June Drive, to alert drivers
that there is no access to Progress Drive at the end of June Drive.
Curbing along the north and south sides of Center Street will be painted yellow for a length of 20’
on both sides of the street at the corner where it intersects with Cincinnati Avenue (by the Corner
Restaurant) to bring that intersection into compliance with the city ordinance.
The stop light at Kinsey Road and N. Detroit Street has issues. The City Engineer assured
Commissioners they will monitor the situation when school begins in a few weeks to ensure the
timing is correct to keep traffic from backing up as school buses exit.
President Propes asked what warranted removing the stop sign at W. Third Street. Councilman
Caupp said, according to the City Engineer, the stop sign did not meet warrants. President
Propes asked what prompted the discussion. Councilman Caupp said he did not know. One of
the Commissioners made the motion and XTC passed the motion. President Propes said it is the
only stop sign on W. Third Street. Many children live on that one-way street and it will become
a drag strip. Councilman Caupp said if President Propes is concerned, he can voice his concerns
when the recommendation comes before Council. President Propes said he will vote against the
removal of the stop sign and will count on other members of Council to do the same.
Greene County Regional Planning Commission: Councilman Caupp said the
Commission did hold a meeting this month, which was the third meeting this year. The major
topic of discussion was zoning. Sugarcreek Township is undergoing extensive changes in their
ordinances and zoning. Those changes were reviewed by the Commission and are now moving
forward. The changes will go back to Sugarcreek Township for approval. There was some
opposition at the meeting against quite a few of the things they want to do. One of our
surrounding communities just redid a lot of their zoning, which he would like our City Planner to
review since some of that is being reviewed by the Design Standards Committee. Reviewing
what was done [by those communities] may possibly save the Committee some work.
Board of Zoning Appeals: Mayor Pennewitt said the July meeting was cancelled due to
lack of agenda items.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilwoman Felton noted Ms. Fuller
asked questions about the Renewal Levy. The current Operating Levy is based on tax valuations
from 1959, which was when the levy was first passed. By law, a renewal levy can only last five
years, unless voters approve the renewal for another five years. If you had a house in 1959 when
the levy was passed, your rates would not increase. Her house was built in 1974, so her rate is
based on her home’s value in 1974. A renewal levy cannot be a permanent tax and must be
renewed every five years. She asked Ms. Fuller if that answered her question. Ms. Fuller said
she understood that. She asked if residents’ taxes would have decreased if Issue I had failed.
Councilwoman Felton said yes, and the city would have made more cuts.
UNFINISHED BUSINESS: Clarification on Community Development’s Pay Requests for
CHIP and the Mural Society. Mr. Percival noted Councilwoman Felton had a couple of
questions at the July 9th Council meeting that were not addressed at the July 23rd meeting [due to
her absence.] Councilwoman Felton questioned one item on the Community Development
Department’s June 22 nd monthly report regarding “Process pay request for CHIP and Xenia
Area Mural Society.” He asked Community Development Director, Mary Crockett, to address
Councilwoman Felton’s questions.
Ms. Crockett said she was not entirely privy because she did not attend the July 9th meeting.
There is a line item from fiscal year 2008 [101-1551-53141], which are funds that were hastily
put together at the end of last year and was obviously before all of the things that happened in the
city this year. These funds were in part to cover a match for an Ohio Arts Council Grant that
was written by several people, including an intern from the Greene Giving Foundation and some
people on the Mural Society. In early 2008, Barb Zajbel, former President of the Xenia Area
Chamber of Commerce at the time, wanted to see murals in the City of Xenia, and she convened
several meetings in early 2008 toward that goal. At that time, they also completed a Downtown
Revitalization Plan that called for murals in the downtown. The Community Development
Department met with Greene Giving, who had a shared interest in the revitalization of the
downtown, to discuss what could be done jointly. Greene Giving provided an intern from the
University of Dayton to the Mural Society through 2008. She met with the intern and a Mural
Society volunteer after office hours to apply for an Ohio Arts Council Grant in November. That
grant required a match. There was money in the Community Development Department line item
for consulting/contracting. She quickly met with her manager and discussed it with Ed Marrinan
in December. They thought it was worth a gamble to try to move forward to match those dollars,
in part because of all the things she just stated regarding their mission, but also because it was
the first step for that group to be able to apply for any future dollars from the Ohio Arts Council.
In hindsight, given the city’s current difficult times, she might have made other choices. She
hopes the good, positive press the Mural Society has received and the good work they got from
the intern who was funded through that program last year will bear a lot of fruit for the city,
which has always been her honest hope for those dollars.
Ms. Crockett said she did not know what the CHIP program part is because no General Fund
dollars have gone to CHIP. CHIP is going strong and she hopes to have a good, strong report for
Council in about two months. By the time the CHIP program is done, it will have served 110
families and many more individuals. They are exceeding all their grants and have been very
efficient in trying to serve as many people as possible who are in need throughout the city. The
CHIP program is going well, but they are definitely coming up to the last few weeks. She
thought Council will be pleased when the final accounting for all those dollars will be presented
in October. Almost everything is under contract.
Ms. Crockett announced that they will have a training program on August 26th utilizing CHIP
funds. There are a lot of concerns about using local contractors, which is sometimes difficult
under these federal programs because one of the requirements is that contractors have lead
training through the Ohio EPA. The one day training would be beneficial to Xenia contractors
who are interested in taking part in these programs. She hopes local contractors attend the
program costing $75.00 per person so they can become a part of the downtown work under the
CHIP program. Mr. Percival explained the one-day training is for abatement of lead-based paint.
For instance, if you redo a house and have to eliminate the lead-based paint, you have to be
trained through the Ohio EPA. The training is $75 per participant to become certified.
Councilwoman Felton asked why they were charging $75 per person; why can’t the fee be
covered under the grant. Ms. Crockett said they could discuss that. The grant will cover $775 of
the costs. They may allow Xenia contractors to attend for free, but anyone from outside Xenia
will have to pay the $75 fee. She anticipates contractors from other communities may be
interested in attending the training. She would like Xenia contractors to be first and foremost.
Councilwoman Felton said she was just considering the costs to the business community given
the current economic conditions. She wondered if there was money to cover their registration
and if the grant would allow them to do that. Mr. Percival said he did not know if there were
funds in the grant to cover those costs, but they will check.
Councilwoman Felton said after she received Ms. Crockett’s June 22nd monthly report, she had a
question about one line item that said “Process pay request for CHIP and Xenia Area Mural
Society.” From what Ms. Crockett said tonight, the Ohio Arts Council Grant is paying those
people. Ms. Crockett said they are being paid through the Greene County Community
Foundation. All their payments are going through Greene Giving. Councilwoman Felton asked
why Ms. Crockett was not handling the payments. Ms. Crockett said it was thought that it would
be a good partnership since the Mural Society is an umbrella organization of Greene Giving at
this point. Greene Giving has been doing some fabulous things with non-profit organizations in
our area. When non-profit organizations are not quite ready to run yet, but prefer to walk,
Greene Giving has been extremely generous about donating their services and financial support.
They were actually the party to the Ohio Arts Council Grant. They had to have 501(3)(C)
certification, so they did that. She thought partnering with Greene Giving and the intern work
they are doing could be very fruitful for the city in the future.
Councilwoman Felton asked who was in charge of Greene Giving. Ms. Crockett said Ed
Marrinan is the Director and Joe Harkleroad is President of the Board and is the signatory on the
grant agreement and the staff volunteer person that heads that organization. Councilwoman
Felton asked how involved Ms. Crockett was in the Mural Society. Ms. Crockett said she has
donated time to attend evening meetings but she has been too busy working on the $2 million in
grants that the Community Development Department is trying to receive and implement. She
felt the Mural Society was an exciting possibility for the city and some really good things could
come from it. Given the economy, the timing may not have been the best. It is hard to look at
murals, wayfinding signage, or any of those things right now but they are just as important to
economic development as anything else they can do. Councilwoman Felton said Ms. Crockett’s
monthly report generated her questions.
Councilman Louderback said he has been involved in the Mural Society from the beginning and
knew Ms. Crockett has volunteered her time at many evening meetings, which he appreciates.
He thought the Mural Society will be a great thing, in spite of the economy. They still need to
move forward in this city, and he is very supportive of the Mural Society. Several people who
contacted him have been helped through the CHIP Program, which he also supports to help the
less fortunate in this city. He again thanked Ms. Crockett for all her volunteer time.
Mayor Pennewitt agreed with Councilman Louderback. Ms. Crockett has given a lot of time and
effort to this project. It would be an asset to have at least one mural downtown; it would be
beneficial to the city so they have some kind of a drawing card to bring people into Xenia.
Award of Bid for Lab Cabinetry Replacement Project (Ford Road Wastewater
Treatment Plant). Mr. Percival said staff is requesting an award of bid to replace the lab
equipment and lab cabinets at the Ford Road Wastewater Treatment Plant. An RFP for the
project was advertised on June 19, 2009, and sealed bids for this project were opened on July 8,
2009, with results as follows:
Firm:
Apple Scientific Inc.
Smith and Schaeffer
Bid Total (Option 1)
$29,340.60
$33,011.00
Mr. Percival respectfully requested that Council award the bid for the Lab Cabinetry
Replacement Project (Ford Road WWTP) to Apple Scientific, Inc., authorize him to enter into a
contract with Apple Scientific, Inc., and issue a purchase order to them not to exceed $29,340.60.
This is money from the 665 Sewer Capital Improvement Fund; no General Fund money will be
used.
Motion by Councilwoman Mills, seconded by Councilman Louderback, to award the bid for the
Lab Cabinetry Replacement Project (Ford Road WWTP) to Apple Scientific, Inc., authorize the
City Manager to enter into a contract with Apple Scientific, Inc., and issue a purchase order to
them not to exceed $29,340.60. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Authorization for City Manager to execute consulting contract for Development of
Comprehensive Wayfinding Signage Plan. Mr. Percival said the Community Development
Department seeks to enter into a contract with Kinzelman, Kline and Gossman (KKG) to
produce a Comprehensive Wayfinding Signage Plan to be completed by December 31, 2009. In
the Downtown Strategic Plan adopted formally by City Council on May 14, 2009, a priority
recommendation of that plan was for the city to hire a graphics/environmental graphics/planner
to conduct a comprehensive wayfinding signage plan for the downtown. If you are not from
Greene County or Xenia, and want to find the downtown administration building from Main and
Detroit Streets, you can’t find it. They are looking for a way to improve the signage in the
downtown area. The FY 2008 CDBG grant provides for a $10,000 Planning Grant to go towards
the comprehensive signage plan. In February 2009, the City applied for a Tier One Planning
Grant to obtain the additional $15,000 required to fund the planning process. In spring 2009, the
State of Ohio informed the City that we would not receive the Tier One grant but were
authorized to utilize our CDBG Downtown Revitalization RLF Program Income Funds for this
planning initiative. NO General Funds will be used to pay for this Professional Service Contract.
Mr. Percival respectfully requested that Council authorization him to execute a contract with
Kinzelman, Kline, and Gossman for $25,000 in CDBG funds to develop a Comprehensive
Wayfinding Signage Plan by December 31, 2009. He noted Ms. Crockett was available for
questions.
Motion by Councilman Caupp, seconded by Councilman Louderback, to authorize the City
Manager to execute a contract with Kinzelman, Kline and Gossman for $25,000 in CDBG funds
to develop a Comprehensive Wayfinding Signage Plan by December 31, 2009. Discussion
followed. Mr. Percival removed himself from discussion because he has a relative that works for
one of the companies involved.
Mayor Pennewitt noted NO General Funds are being used to pay for this Professional Service
Contract. Councilwoman Felton said that is true; however, part of the money is from the CDBG
grant and part comes out of the Capital Budget. Ms. Crockett said both are CDBG funds; one is
Program Income. Councilwoman Felton thought that was just to do the design. Ms. Crockett
said that correct; this was for the plan. Councilwoman Felton asked what the costs would be for
sign fabrication, labor, etc. Ms. Crockett said they anticipate that will come from the overall
plan. KKG will work with fabricators. In order to use the planning dollars, they have to write a
plan but they cannot do the engineering costs. They will be as careful as possible to get a sense
of the costs, coming up with strategies and a policy about who will be part of the whole process.
It is basically designing a system. She is hopeful that some of the people on that steering
committee will eventually become contributors towards the fabrication of these signs. In the
2009 Downtown Revitalization Budget, they have $82,000 in Program Income Funds for signs,
which has to be used specifically in the downtown. She is hopeful that part of this process will
involve coming up with other entities that will join them. She realized it is a really difficult time
now to do that, but she is still hopeful they will get some contributors and other entities, whether
it is the hospital, Legacy Center, or various universities in the area, all of whom would benefit
from this. Councilwoman Felton suggested she also get money from Greene County.
Ms. Crockett said she forgot to mention Greene County. It may just be that this is their
“marching orders.” Although it is a difficult time for everybody, it is part of economic
development and a way to attract businesses.
Councilwoman Felton said she understood that, but the city does not have $82,000 to do the plan
with Capital Improvement dollars. Ms. Crockett noted the $82,000 was program income that can
only be used for the downtown. Councilwoman Felton said they do not have $82,000.
Ms. Crockett said they do have $82,000. Councilwoman Felton thought that money was spent.
Ms. Crockett said the money was not yet spent. The money is planned for other things including,
the Façade Loan Program. Councilwoman Felton thought during future budget work sessions,
they need to take a hard look at this entire program to see where we are going and decide on the
best use of the money. They will be unable to transfer money to the Capital Budget this year.
Ms. Crockett may have only have program income and it will be very difficult.
Ms. Crockett said they hope these will be matching dollars. They made it through the first round
on the Tier Two Grant, which is $400,000 for other downtown activities, and these dollars will
be a match for the grant. That grant is due October 5th so they have a lot of work to do.
Councilwoman Felton did not think the Tier One Grant was approved. Ms. Crockett said that
was correct. The State of Ohio informed the city that we would not receive the Tier One grant,
but were authorized to utilize our CDBG Downtown Revitalization RLF Program Income Funds
for this planning initiative.
Mayor Pennewitt asked if they could resubmit the Tier One application after being turned down.
Mr. Percival said no.
Councilman Caupp thought this was a good program. The City of Lebanon has a very extensive
wayfinding signage system that has improved the city. The signs are very attractive and useful.
Whether it is the West Main Street Enhancement Project or the Wayfinding Signage Project,
they have to continue to move forward as a city. If they are not improving and trying to make
themselves more attractive to residents and business and not growing, then the City will die.
Projects like these have got to continue. We have to market our city to businesses and residents,
and part of that is staging our city, just like you would stage your home if you were selling it.
Councilwoman Mills agreed with Councilman Caupp. It is so important for the city to continue
to move forward. People need to understand that monies that are targeted for certain projects
through Tier One and Tier Two programs can only be used for certain areas of the city. We can’t
pay bills with the money, but we can make a difference. The volunteers on the Mural Society are
priceless. She thanked everyone for their hard work in getting this done.
Nays: None
motion carried.
Introduction of an Ordinance for the City Manager to enter into Lease Agreement
for easement to use portion of the Creekside Trail Bike Path right-of-way. Mr. Percival said
Xenia China Inn proposes to reopen shortly at 417 West Second Street, a property currently
owned by David and Carol Hidy. Because of the way the property is situated, Xenia China Inn
will utilize an existing structure and will construct an accessory parking area on a lot west of the
building. These two lots were consolidated into one lot recently. Part of the plan is a drive-thru
service. A portion of the driveway currently encroaches on the right of way for the Creekside
Trail Bike Path. In addition, to make the traffic flow work for the restaurant, an additional
easement along the west side of Creekside Trail is needed. The City Planner, the Finance
Director, and he are proposing a lease payment of $325.00 annually for ten (10) years with
automatic renewal based on the market value for the .089 acres of land.
Mr. Percival respectfully requested that Council introduce an ordinance authorizing him to enter
into a lease agreement with David and Carol Hidy, granting them an easement for the purpose of
accommodating a proposed private driveway along the west side of Creekside Trail Bike Path
and to pay a lease payment of $325.00 annually for ten (10) years.
Councilman Louderback introduced an ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A LEASE AGREEMENT GRANTING AN EASEMENT TO DAVID AND
CAROL HIDY FOR THE PURPOSE OF ACCOMMODATING A PRIVATE DRIVEWAY
ALONG THE WEST SIDE OF CREEKSIDE TRAIL BIKEPATH, and it was read for the first time.
Councilman Caupp noted the agenda report states, “Based on the arrangement with Greene
County Trail Management Committee, revenues derived from lease agreements involving
Xenia’s Bike Trails are paid directly to Greene County to be used for the long term maintenance
of the trails.” Therefore, that $325.00 annual lease payment will be used for the long term
maintenance of the trails. Mr. Percival said that was correct.
Councilwoman Mills clarified the easement would not create any danger to bicyclists using the
Creekside Trail Bike Path. Mr. Percival said that was correct. There will still be a large
separation between the actual trail and the Xenia China Inn driveway.
Emergency Appropriations Ordinance, Authorization for the City Manager to enter
into a contract with Ohio CAT (Caterpillar) for purchase of 50kw Diesel Generator
through State of Ohio Cooperative Purchasing Program for Fire Station #1, and
Introduction of an Ordinance declaring 1974 Onan generator as surplus and authorizing
City Manager to sell via govdeals.com or any other means deemed appropriate. Mr.
Percival said in the 2009 Capital Budget, the Xenia Fire Division requested $47,000 to purchase
an emergency standby generator for Fire Station #1 at 225 E. Main Street. The need for
replacement is primarily based on the difficulty in securing replacement parts for a generator that
is over 35 years old and has 998 hours of operation on it. It is imperative that a reliable
emergency source of electric be readily available to maintain operations at Fire Station #1 and
that one is available to backup the city’s Emergency Operations Center in the City Building.
Currently, the generator is operating, but so was the one at the Water Treatment Plant just before
it went bad earlier this year. They would like to replace the 1974 generator and declare it
surplus. There has been some discussion among staff that even if they declare the generator
surplus, they may be able to use it as a mobile generator; however, he did not yet know if the
generator can be mounted on a trailer. The city’s electrician and other public service employees
will install the new generator, which will result in substantial savings to the city. He noted Chief
Leaming was available for questions.
Mr. Percival respectfully requested that Council entertain three motions:
emergency an Appropriations Ordinance transferring $20,779.00 from 361-1225-54268 to 361-122555305.
Motion 2. Authorize the City Manager to execute a purchase order in the amount of $20,779.00 with
Ohio CAT (Caterpillar) for the purchase of a 50kw diesel generator through the State of Ohio Cooperative
Purchasing Program.
Motion 3. Introduction of an Ordinance declaring the 1974 Onan generator as surplus and authorize the
City Manager to sell said unit via govdeals.com or any other means deemed appropriate.
Councilman Louderback asked if the 1974 generator could have been utilized at the Walter
Sellers Apartments after the September 14th windstorm when power was lost to the building and
there was no backup system. It was obvious that HUD is not going to do anything for those
people. Mr. Percival said the city had to rent two generators. One was used to run the booster
station at the Industrial Park. He did not know if this 1974 generator was big enough to run the
Walter Sellers Apartments. Staff is investigating whether the generator can even be turned into a
mobile unit that can be used on an intermittent basis to run the sewer lift stations and at their
booster pumps at the Water Treatment Plant.
Councilwoman Felton said she realized the generator was an old piece of equipment, but she did
not think 998 hours was very many hours on a generator. Chief Leaming agreed. The generator
runs a test for one hour every week and then shuts down. When they looked at purchasing a
generator for Fire Station #2, after the windstorm when they did not have power for a week, they
realized they had an issue. The generator at Fire Station #1 has a dual capacity of running the
station, but is also their backup for running the Emergency Operations Center. Although 998
hours does not seem like much and the motor should be fine, the city’s mechanic was concerned
about the difficulty in securing replacement parts for a generator that is over 35 years old if it
failed. Money was budgeted last year after the windstorm, not knowing back then the financial
situation the city is currently facing.
Councilwoman Felton asked why the money was in the wrong account. Chief Leaming said he
took full responsibility for the accounting issue. The generator they purchased for Fire Station
#2 was in line item 361-1225-54268. The Finance Department thought it was more appropriate
to have it in the line item for plant equipment rather than the generator line item. Mr. Bazelak
said capital assets are shown in the 5000 series line items. Given that the generator was going to
be a $20,000 purchase, it fit the criteria of being a capital asset. It was more than just a repair—
it is an actual replacement. Councilwoman Felton said she tries to read the detail book but if
staff keeps changing the line items, it is difficult. Chief Leaming said he did what he did last
year, and it went through.
Councilman Caupp asked when the generator was last used. Chief Leaming said it was used
continuously after the September 14, 2008, windstorm. Councilman Caupp asked how many
hours the generator was used during the windstorm. Chief Leaming said the generator ran for
four days straight. Councilman Caupp asked if there were any problems. Chief Leaming said
they had an outage for a short period of time, which was due to a fuel outage; however,
mechanically, it was just fine. Councilman Caupp agreed the generator was old, but he did not
think an expenditure of $20,000 was a necessity at this time.
President Propes noted when the generator was replaced at the Water Treatment Plant, the
expenses kept increasing and were quite a bit more than initially anticipated. He asked if there
were any other possible costs for the generator. Chief Leaming said they are purchasing the
generator through the Ohio Cooperative Purchasing Program and the generator will be delivered
to the site. All the switch gear is in place and the city’s electrician is confident that he can install
the generator. He does not anticipate any further costs.
Ayes: Louderback, Mills, Pennewitt, Propes, and Felton
Nays: Caupp
motion carried.
Ayes: Louderback, Mills, Pennewitt, Propes, and Felton
Nays: Caupp
motion carried.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, to authorize the City
Manager to execute a purchase order in the amount of $20,779.00 with Ohio CAT (Caterpillar)
for the purchase of a 50kw diesel generator through the State of Ohio Cooperative Purchasing
Program. No discussion followed. The Roll on this was the following:
Ayes: Louderback, Mills, Pennewitt, and Propes
Nays: Caupp and Felton
motion carried.
Councilwoman Felton asked that the Introduction of an Ordinance declaring the 1974 Onan
generator as surplus and authorize the City Manager to sell said unit via govdeals.com or any
other means deemed appropriate be withdrawn until Mr. Percival reports how (if) the generator
can be used in other departments. Council and Mr. Percival agreed to withdraw the request to
introduce the above-mentioned ordinance.
Items for the City Manager: Councilman Caupp said a year ago he asked if the road
department could straighten the numerous crooked signs throughout the city and suggested they
straighten five signs a week. Also, he asked who inspects trees before they are planted
downtown. Many of the tree trunks are not straight and will not be straight in five years. He
would not have planted some of those trees and some do not look properly secured so they stay
straight. They need to make sure they do the project right and that the trees are planted straight.
He did not know who the tree vendor was, but some of those trees should have been returned to
the vendor. Mr. Percival said he could not recall the vendor’s name.
Councilwoman Felton noted construction and landscaping on Main Street by Xenia Towne
Square is not done. Church Street was torn out in the back area and is now dirt. Mr. Percival
said he met with the City Planner today. They will meet with the Xenia Towne Square
maintenance person and the owner in the next week to ten days.
Councilwoman Felton thanked the City Engineer for following up on complaints about the traffic
signal at Rockwell Drive and W. Second Street going into Warner Middle School. Year-round
school started, and there were many complaints about the timing of that light. Mr. Percival said
various engineering personnel will do the same thing at all the lights to ensure they are operating
properly. They will never solve all the problems but they are trying to mitigate problems to the
best of their ability. Councilwoman Felton said she still cannot get north and south from her
house without sitting at lights. The lights work from east and west, except for N. Detroit Street.
Mr. Percival agreed everything else works east to west, except for N. Detroit Street.
Councilman Caupp said the traffic signal at Rockwell Drive and W. Second Street was discussed
at the August 3rd XTC meeting. There are no complaints for northbound Rockwell Drive when
school lets out. There are still some timing problems with the signal when motorists are going
southbound on Rockwell Drive and attempt to turn onto W. Second Street. The City Engineer is
aware of the issues and is working with the contractor to correct the problems going southbound
on W. Second Street.
Motion by Councilwoman Mills, seconded by Councilman Caupp, to approve payment of bills
Nays: None
motion carried.
Items for the Finance Director: Mr. Bazelak announced the Utility Billing Department
is offering a new service, which is ACH (automatic bank) withdrawal of your monthly Xenia
utility bill. Please see the city’s website or visit the City’s Utility Billing Department for further
information. Residents may sign up for this service, or continue to make payments online using
their credit cards, mail in their payments, or pay in person at City Hall or at various collection
sites throughout the City.
thanked the voters for passing the Renewal Levy. It was greatly needed, and he appreciates it!
He reminded citizens that the Rail & Arts Fest will be Saturday, August 22nd from 10 a.m. to
6 p.m. on downtown E. Main Street, rain or shine. The Community Action Group, on which he
is a board member, will have a clothes and school supply give-away tomorrow morning from
9 a.m. until 2 p.m. at the Greene County Job and Family Services Media Room at 571 Ledbetter
Road. Also, a “Letter to the Editor” asked if the city’s budget was public information. The
answer is yes, it is public information. He thought the procedure was to contact Mr. Bazelak
with a public records request and that the information can be provided. Mr. Bazelak said that
was correct. Councilman Louderback said it is all public information. City Council has an open
door policy; we don’t hide from anybody. Citizens should feel free to contact any Council
members if they have questions. A grant for $282,000 was approved for the Hooven & Allison
cleanup and should be received by the first of October. Regarding the COPS Hiring Recovery
Program [CHRP] that President Obama started for up to $1 billion in grants across the country,
once again the City of Xenia was bypassed. Dayton received funding for 11 police jobs,
Springfield received funding for several jobs, and all other areas in this community received
funding for several police jobs. This is another perfect example of how we cannot depend on
federal or state government or even the Greene County Commissioners to help us. Basically, we
are on our own. The COPS program is just another slap in the face to all of us. The COPS
program was supposed to help cities the size of Xenia all over the country, but again, Xenia was
bypassed. They learned this week that the city lost 600 jobs at Greene Memorial Hospital. He
was appalled and disgusted at our County Commissioners, our State Reps, Congressmen, and
Senators. We need some help in Xenia and it seemed to him that Beavercreek, Bellbrook, and all
the other communities [in Greene County] get help, but Xenia gets nothing. It is about time they
start helping Xenia. We are getting bypassed every day and continue to get kicked in the teeth
by the COPS program and all the other programs.
Councilman Caupp agreed with Councilman Louderback’s comments on the COPS program and
Greene Memorial Hospital. Since he was out of town yesterday on his father’s birthday, he
wished his father a belated “Happy Birthday.”
Councilwoman Mills thanked the voters for getting out and voting in spite of the ‘monsoon’.
Although Benner Field house was not their usual voting precinct, many voters came out in the
rain to vote for passage of Issue I. She noted year-round schools have started and traditional
schools will start before the next Council meeting. Please be aware of children walking to
school and being on the streets when it is still dark outside. She thanked all the volunteers in the
city for stepping up and brainstorming to come up with new ideas to help one another and to
move forward. If government can’t support us, we can move forward and still make a
difference, which is important. She announced that the Board for Recreation, Arts, and Cultural
Activities (BRACA) has a vacancy. The Board meets the second Tuesday of each month at
7 p.m. The Board is moving forward with a banner sponsorship program for downtown Xenia.
The Board is not giving up on the downtown just because they do not have money in the budget.
There are other ways to move forward. If anyone is interested in serving on BRACA, a letter of
interest can be sent to the City Clerk, Michelle Johnson, 101 N. Detroit Street, or e-mailed to
[email protected]. She thanked Sandy Feix for all the years she gave to BRACA. She
also thanked Lauren Farley, last year’s student representative and welcomed Kyle Hatfield, the
new student representative for BRACA this year.
President Propes thanked voters for supporting Issue I and making sure it passed. Ironically, two
or three days later, they had the new groundbreaking for the new hospital in Beavercreek.
During that event, they announced that 600 jobs would move out of Xenia to Beavercreek. Any
gains or issues that the levy may have helped were negated two days later. In two years, if we
don’t get things changed or we don’t get things moving in the right direction, we will be in the
exact same situation we were in a week before the election. Greene Memorial Hospital, which
will soon be called “The Greene Memorial Band-Aid Station,” is continuously moving services
out of Xenia. Ground had not even been broken yet in Beavercreek and they already announced
expansion of that facility from 90 beds to 300 beds and from 1,000 jobs to 3,000 jobs, and the
facility is not even built! They claim the Beavercreek area was underserved by them, yet they
have five facilities in Beavercreek with hundreds of thousands of square feet of space to meet the
needs of that community. The president of the hospital also stated it would be the only hospital
to serve thousands of people within a 10-mile radius. It is 11 miles to drive from Greene
Memorial Hospital to the site of the new hospital. He sees better than he hears and it looks like
Greene Memorial Hospital will no longer exist in Xenia. Greene Memorial Hospital keeps
sidestepping the issue and being less than forthcoming with information to us. They will invite
our State Representatives, our County Commissioners, and our U.S. Congressmen to address
Council and try to answer our questions and concerns that we have regarding the hospital, the
jobs that are leaving, and how they will help us make up that shortfall. The hard work our
community did in working to get the levy passed just put a small band aid on a big hole, that was
negated three days later.
Mayor Pennewitt also thanked the citizens of Xenia for voting ‘yes’ [for the Renewal Levy]. We
are in a serious financial bind. This city will more than likely be operating in the red by January.
In other words, we do not have enough money to cover our expenses. Referencing earlier
discussions tonight, she noted the Renewal Levy was first voted on in 1959. She asked residents
if they could live on their salary from 1959. Renewals are simply that. It is the same dollar
amount residents were paying in 1959. They need to understand where the city is financially.
She recognized it is a difficult time in this society. She understands people are getting laid off,
and she feels much sympathy for those families. However, if the city does not receive more
revenue, there is only one thing they can do, which is to cut expenses, which means cutting
personnel and services. That is the only choice they have. She hopes people understand where
they are financially. In 2003, they were in a similar situation. Everyone on Council hates to lay
off employees or eliminate jobs. The city is in a serious situation. She asked that citizens pray
for the city to give us the wisdom to know what to do and what decisions to make. This is a
problem, not just for today, but also for tomorrow and for years to come.
Councilwoman Felton stated the city is not allowed to go into debt. She does not understand
trillions—let alone billions. She gets so aggravated watching the federal government because
they no longer have common sense. All she sees is them going into debt and borrowing against
her children’s, grandchildren’s, and great grandchildren’s future for wasteful spending. You
want some jets; well let’s buy eight jets to haul around Congressmen. What did they do to the
guys from Chrysler and General Motors when they came in their private jets? They raised heck.
There is no common sense up there. Someone called her and yelled “You don’t pay for your
health insurance, so I need to get mine free like you do!” She is on Medicare. Each month, she
pays $100 for Medicare, $40 for her medical card, and $250 for her secondary insurance. Her
income is $1,200 monthly, so that is a chunk of money to take out of her paycheck. So don’t tell
me I don’t pay my fair share! Legislators have to slow down on health care and at least read
what they are passing. They did not read the Stimulus Bill, they have all this money floating
around, and small cities like Xenia were supposed to get our share to help with our budget.
According to the paper, who got the money? Every big Democratic city in Ohio got money.
Cleveland, Columbus, and Dayton got millions of dollars of stimulus money. We need money
for police and fire but there is no money for us, yet we can pay the tax bill. We are trying to
manage on a little bit of money and questioning things like the purchase of a $20,000 generator,
which she knows they will probably need. However, she also knows we don’t have the money.
They get tired of her voting ‘nay’ or nitpicking the budget. She has been on Council for 17 years
so she knows how to read the budget. She wants everyone to be prepared that if things don’t
improve with the loss of jobs, safety services in Xenia will be cut. It may not be tomorrow,
because they are still working on things, but it will happen because we have no choice. If
Councilman Caupp wants the signs fixed, they cannot lay off many more Public Service
employees. There just has to be a balance. She welcomed anyone to call and discuss it or call
the City Manager. Public hearings on the budget will begin in October and everyone is invited to
attend those meetings to see what is actually going on. You will not find very much waste in this
city. She questions the budget because she wants to know and she wants the public to know.
When she asks a question, she knows the answer. If she has a question, she knows citizens have
a question and they are watching the broadcast. Many people watch Channel 5 to see what is
going on with City Council and see Council’s interaction, but they also like to know what is
going on. She likes the idea of town hall meetings, tea parties, etc. If she was well enough to sit
for hours, she would be at one of them to voice her opinion. Congressmen and Senators aren’t
listening. Legislators will keep their good insurance for their families and not take the new
insurance plan. Legislators can retire with full pension after serving two full terms, but she can’t
do that. There is so much going on and everyone is tired of the fighting. She believes in positive
interaction and discussion—not screaming or yelling. Anyone on Council or staff will be glad to
discuss issues, but we have to come with a more positive attitude.
ADJOURNMENT: Motion by Councilwoman Felton, seconded by Mayor Pennewitt, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
August 27, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on August 27, 2009, at 7:02 p.m., in the City
Propes.
INVOCATION: Mr. Galen Smith, Emmanuel Baptist Church, gave the invocation after which
all joined in the Pledge of Allegiance.
to approve the August 13, 2009, Executive and Regular Session minutes as written. No
Abstain: Miller
Nays: None
motion carried.
Planning & Zoning Commission: Councilwoman Felton said XPZC met on August 6th
and continued to review the proposed amendment to Chapter 1294 – Supplementary Regulation,
which will hopefully be completed by October.
Mayors & Managers: Mayor Pennewitt said there was no meeting in August.
met on August 6th. On August 14th, MVRPC sponsored a Cycling Summit that our City Planner
attended. The Miami Valley is trying to get cities to be bicycle friendly. Columbus was the first
city in the State of Ohio to become bike friendly. Certain criteria must be met, which
Ms. Simpson indicated they are working on. If any city needs to be bicycle friendly, it would be
Xenia. For several months, he has been trying to get Greene CATS to add a stop at Walter
Sellers Apartments since they already stop at a very nearby apartment complex. He thought they
should have a decision this week. Greene CATS has received thousands of Stimulus dollars and
felt it would be a great injustice to the residents of Walter Sellers Apartments if they do not get a
permanent bus stop.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said she was
very excited to announce that they finalized the letter and Banner Sponsorship Design Guidelines
for displaying banners in the downtown and other areas of the City, which is on the agenda later
in the meeting. The Kettering Civic Band will perform at 6:30 p.m. on August 30th, which will
be the last “Music in the Park” performance this year. Since the Parks and Recreation
Department is closing, BRACA was wondering where they could go from here. They do not
want to be left out of the loop, and want to continue to participate in some of their past activities.
One activity is the Xenia High School Homecoming game and Tailgate Party that is scheduled
for October 2 nd at Cox Field. The Xenia High School Student Council will be invited to attend
the September BRACA meeting to share what they would like the Board to do to help with that
activity. Carol Archer, a Xenia Area Merchant involved in the Hometown Christmas activities
scheduled for December 11, 12, and 13, is invited to attend the October BRACA meeting.
BRACA would like to continue to be involved in Hometown Christmas. In November, she
invited X-Town RC, a new Xenia business located on E. Second Street, to give a presentation on
how to set up and run a radio controlled car track. BRACA is still moving forward in spite of
things that are out of their control. She thanked BRACA Board member Missy Spangler for
chairing this year’s Relay for Life, which was a tremendous success. The Rail & Arts Fest this
year was remarkable with the activities for families and the Kiwanis Barbeque Cook-Off. She
was there for three hours and distributed over 400 programs. The City is working with a few
community volunteers to assume responsibility for the Youth Basketball Program. She thanked
them for their interest in keeping that program going. The next BRACA meeting is
September 8th, and anyone interested is invited to attend.
Ms. Melissa Spangler was originally appointed to BRACA on November 13, 2008, to fill a
vacancy. Her term expired on July 31, 2009, and she has expressed an interest in being
reappointed to a full four-year term expiring on July 31, 2013. She would like Ms. Spangler to
be reappointed to BRACA.
Further, there is a currently a vacancy on BRACA. Two letters of interest were received—one
from Ms. Mary Ann Richardson (a City employee) and one from Ms. LaShann Latimer.
Ms. Latimer had filed a petition to run for City Council in November. However, after talking
with Ms. Latimer and understanding her mission to get involved with Xenia’s youth, she has
since withdrawn her petition to run for City Council and instead decided to pursue an
appointment to BRACA. She feels she would be better suited to “be the voice of the youth that
reside in Xenia.”
It should be noted that Ms. Richardson submitted a very nice letter of interest denoting all of her
volunteer work for the City. Most recently, she weeded all the flower beds in the downtown area
and continues to maintain the flower beds immediately around City Hall. She has also
participated in several volunteer days to spruce up our parks and downtown area and decorates
the interior of City Hall for the holidays. The City certainly benefits from employees like her!
I have interviewed both candidates, and although I feel both individuals would be tremendous
assets to BRACA, I respectfully recommend the appointment of Ms. LaShann Latimer to
BRACA. With the elimination of the Xenia Parks and Recreation Department and Ms. Latimer
interest in being the voice of the youth in Xenia, she feels she would be a very good addition to
BRACA. Since Ms. Latimer has been a school teacher in Xenia for 18 years, she believes she
has a good understanding of what the youth of Xenia need.
She would like to make two motions to appoint Ms. Melissa Spangler and Ms. LaShann Latimer
to BRACA. Vice President Miller asked if both motions could be made together. President
Propes said yes.
Motion by Councilwoman Mills, seconded by Vice President Miller, to reappoint Ms. Melissa
Spangler to the Board for Recreation, Arts, and Cultural Activities for a full four-year term
expiring on July 31, 2013, and to appoint Ms. LaShann Latimer to fill a vacancy on the Board for
Recreation, Arts, and Cultural Activities with a term expiration date of July 31, 2013.
Discussion followed. Councilman Louderback noted he has seen Ms. Richardson volunteering
her time for the City on Saturdays, Sundays, and before and after work. He realized it was a
tough decision for Councilwoman Mills, but he hopes Ms. Richardson keeps her head up because
she is a great employee and does a lot of volunteer work. He wanted to publically thank
Ms. Richardson for all the volunteer work she does for the City. Councilwoman Mills agreed.
Nays: None
motion carried.
Councilman Louderback said he talked with Missy Spangler today who shared that Relay for
Life raised $21,000 this year, and money is still coming in. Councilwoman Mills agreed that
Ms. Spangler did an excellent job. She is so lucky to have such great people on BRACA.
Award of Bid for the Patton Street Tank Inspection and Cleaning. Mr. Percival said
the City’s Water Treatment system possesses five active water storage tanks within its water
distribution system that are in regular rotation for inspection, cleaning and proper maintenance,
two of which are located at the end of Market Street and Patton Street. The construction of the
Patton Street 0.5 MG (million gallons) Water Storage Standpipe occurred in 1935 and the Patton
Street 3.0 MG Water Storage Standpipe occurred in 1965. This project includes the cleaning of
accumulated bottom sediment, removal of any debris, and the visual and video inspection of both
Patton Street water storage standpipes utilizing certified commercial divers trained in potable
water operations. An RFP for the project was advertised and only one bid was received from
Liquid Engineering Corporation, who is the nation’s most experienced in-service water storage
tank cleaning and inspection service provider. Mr. Percival respectfully requested that Council
award the bid for the Patton Street tank inspection and cleaning to Liquid Engineering Corp., and
authorize him to enter into a contract and execute a purchase order for a not-to-exceed amount of
$16,900.00.
Motion by Vice President Miller, seconded by Councilman Louderback, to award the bid for the
Patton Street tank inspection and cleaning to Liquid Engineering Corp., and authorize the City
Manager to enter into a contract and execute a purchase order for a not-to-exceed amount of
Councilwoman Felton said one tank was older than she was (laughter followed). Mr. Percival
said there is a third tank at that location that is out of service, which is the oldest steel standpipe
in the country. Councilwoman Felton thought that tank was still working. Mr. Percival said the
tank is no longer filled.
Vice President Miller asked if there was anything new, like a polymer liner, that could be used to
prevent rust in the tanks. Mr. Percival said an electrode inside the tanks will hopefully keep
them from rusting; however, rust and sedimentation will still develop, which is why tanks are
periodically inspected and cleaned. He did not know about using a polymer lining.
Nays: None
motion carried.
Award of Bid for Refurbishing Street Sweeper, Unit 1736. Mr. Percival said the City
has two street sweepers within its fleet that are periodically used for cleaning of city streets. For
most of the past six years, we have had two sweepers, a complement that allows us to sustain
street sweeping operations effectively. Following this past winter, both sweepers were especially
necessary for the collection of the sand that was applied to the roadways. Because both units are
also capable of being utilized in the Stormwater Division as catch basin cleaners, it is our
intention to employ one of the sweepers more regularly for this function during 2010. In order to
ensure two units are ready for continued use, Unit 1736 requires repair/refurbishing to extend its
useful life. This machine relies on a vacuum generated by a large blower and operates on the
same principles as a home vacuum cleaner. The movement of air must be maintained inside the
components of the sweeper or the loss of vacuum occurs. The vacuum part on Unit 1736 has
rusted out and pressure is being lost; the unit is no longer adequately picking up the sand, grit,
dirt, leaves, etc.
Contractors were asked to submit a bid to repair the sweeper using the original style of pickup
head and to supply an optional price to upgrade the sweeper pickup head to a new style. The
new style pickup head allows the sweeper to sweep closer to the curb. Submitted bids are as
follows:
Lacal Equipment Inc.
Option with new style pickup head
Pickup and delivery
Total with option and delivery
$28,761.58
$30,158.07
$ 720.00
$30,878.07
Contract Sweepers and Equipment
Option with new style pickup head
Pickup and delivery
Total with option and delivery
$80,786.00
$91,011.00
$ 500.00
$91,511.00
Contract Sweeper and Equipment
Alternate bid
$92,379.65*
* Replace old unit with new unit on existing cab and chassis
Lacal Equipment’s bid appears to be the most cost effective way to repair and upgrade this vital
piece of machinery. Mr. Percival respectfully requested that Council award the bid to refurbish
Street Sweeper 1736 to Lacal Equipment, Inc. and authorize him to execute a Purchase Order in
the amount of $30,878.07.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to award the bid to refurbish
Street Sweeper 1736 with the new style of pickup head to Lacal Equipment, Inc., and authorize
the City Manager to execute a Purchase Order in the amount of $30,878.07. Discussion
followed.
Councilwoman Felton asked if anything could be done to help stop the rust. Mr. Percival said he
did not know, but would find out. He did not know if they could put a Rhino lining on the
outside. Councilwoman Felton felt the sweeper should last longer than ten years. She thought
either the pickup head should be coated or staff should take care of it properly to ensure that it
lasts more than ten years. She is not a mechanic and did not get a chance to call the City’s
Mechanic Supervisor. All city truck beds are supposed to have a Rhino liner – was that done?
Mr. Merriman said they could investigate if something could be added to prolong the life of the
sweeper. Part of the problem is the abrasion from the vacuum process. Both the moisture and
abrasion causes various components to rust out. Councilwoman Felton asked if city staff was
doing the repair or if the equipment was being sent out for repairs. Mr. Merriman said staff does
not have the necessary expertise or equipment to do the repairs in-house. The bid included
pickup and delivery of the unit along with the repair. Councilwoman Felton said she would
appreciate staff finding out what could be done to extend the life of the unit.
Councilman Louderback said he was a little confused. The agenda report statement, “Following
this past winter, for example, both sweepers were especially necessary for the collection of the
sand that was applied as part of our modified Winter Street Treatment Policy (a cost
containment strategy that saved tens of thousands of dollars).” Mr. Percival said the City
saved over $100,000 last year by mixing salt with sand last year. Councilman Louderback said
he found it confusing because the next paragraph states “Planned changes to our Winter Street
Treatment Policy calls for us to utilize less sand, a 1 to 3 sand/salt ratio. Nonetheless, efficient
operations will require two sweepers on the road for at least the first sweeping of the year.”
Mr. Percival said they will continue to use a mixture of salt and sand but it will contain less sand
and more salt next year in order to balance the mixture so they do not have as much residual.
Mixing the sand and salt will still save significant dollars, but they are going to back off in order
to find that happy medium. Councilman Louderback said his whole point on the street sweepers
is if they are going to have sand, staff will need to do less street sweeping. He asked if that was a
correct statement. Mr. Percival said they hope so. Staff will continue to do street sweeping, but
they hope the volume of sand picked up will be less than last year. Councilman Louderback
thought the amount of sand used last year was overkill. He still does not see “the tens of
thousands of dollars” the City saved, but maybe Mr. Percival can show him the numbers.
Mr. Percival said he would do so, and reiterated the City saved $100,000 in salt costs last year.
Nays: None
motion carried.
Award of Bid for CDBG Towler Road and Springhill Park Bicycle/Pedestrian
Paths. Mr. Percival requested that the item be pulled from the agenda. They have not yet
received one contract and it would not be appropriate to approve this agenda item without that
contract. The item will be on the September 10th XCC agenda.
Two Emergency Ordinances, 1) Adopting the Street Pole Banner Program Policies
and Guidelines and 2) Amend Chapter 298 Fee Schedule Incorporating a Banner
Sponsorship Fee. Mr. Percival said the Board for Recreation, Arts, and Cultural Activities
(BRACA) worked extremely hard to develop a Street Pole Banner Sponsorship Program
whereby the public will be offered the opportunity to sponsor banners in exchange for their
names to be posted at the bottom of the banner. He asked Councilwoman Mills to discuss the
program. Councilwoman Mills said with the help of Ms. Simpson, an ordinance was prepared to
address rules and regulations for a banner program within the City. Even though BRACA is
moving forward with a decorative banner to celebrate welcoming you to the City of Xenia, these
guidelines are in place to address all banners, which is why an ordinance rather than a resolution
was prepared.
The goals of the program are:
1. To establish standards for the installation of banners on street poles.
2. To promote community events and the City in general through the installation of properly
designed and installed banners on street poles.
3. To complement the aesthetic appearance of the City by introducing color, a sense of excitement
and community feel through colorful and properly designed banners.
4. To allow individuals and organizations to participate in the financing of this program through
sponsorship.
5. To create an effective administrative process to manage a City Street Pole Banner Program.
Councilwoman Mills respectfully requested that Council formally adopt the Street Pole Banner
Sponsorship Program Policies and Guidelines as an emergency to allow the banners to be
installed as soon as possible. It will take two weeks from the order date to have the banners
ready to hang. They would like people to enjoy the banners before winter comes.
President Propes entertained two motions:
1. Waive the second reading of the ordinance at two consecutive meetings and pass as an emergency an
ordinance adopting the Street Pole Banner Sponsorship Program Policies and Guidelines.
2. Waive a public hearing and second reading of the ordinance at two consecutive meetings and pass an
emergency ordinance amending Chapter 298 – Fee Schedule incorporating a banner sponsorship fee.
Councilwoman Mills presented an ORDINANCE ADOPTING THE STREET POLE BANNER
SPONSORSHIP PROGRAM POLICIES AND GUIDELINES TO BE IMPLEMENTED BY
THE CITY OF XENIA BOARD FOR RECREATION, ARTS, AND CULTURAL ACTIVITIES
(BRACA), AND DECLARING IT TO BE AN EMERGENCY.
Councilman Caupp asked why there was a deadline of September 30th to return the Banner
Sponsorship application form. After reading the agenda item, he thought people could pay for a
banner anytime throughout the year. Councilwoman Mills said in order to receive the best price,
banners need to be ordered in bulk. If the ordinance is passed by the end of August, they will
have 30 days in September to mail the letters, applications forms, and a copy of the guidelines so
there will be no misunderstandings by anyone who would like to sponsor a banner. Banners will
be ordered in bulk after September 30th. The guidelines mention sponsored banners shall be
installed for a minimum of ninety days in a calendar year corresponding to the life expectancy of
the banner, which is three years. Banners will not be displayed simultaneously with the flags
because they want the American flags to be the ‘star’ during that time. The proper and safe
installation of the banners will be under the supervision of the Public Service Supervisor.
Mr. Percival assured BRACA that the banners will be properly stored during the winter months
so they can be used for many years.
Councilman Caupp noted Section C: GUIDELINES
FOR
BANNER
INFORMATION
CONTENT, Item 2 states, “Banners shall not be used to convey political message or campaign
or religious messages.” He asked if banners could say “Merry Christmas.” Mr. Lewis said, by
definition of law, Christmas is no longer considered a religious message, because it is a
recognized holiday. Councilman Caupp said he would like to see some banners that say “Merry
Christmas.” Councilwoman Felton agreed. She does not want to see banners that say “Happy
Holidays.” Councilman Caupp agreed. Councilwoman Mills said she would love to eventually
see seasonal banners displayed in Xenia.
Councilman Louderback asked how many street poles were in the downtown area.
Councilwoman Mills said the estimate she received was 25 to 28 poles downtown could display
banners. According to the two maps included in the agenda packet, Councilman Louderback
asked if the second phase of the program will involve installation of banners in the four corners
of the City. Councilwoman Mills said yes; that would be Phase 2. The first phase of the
program is to install banners in the downtown area along Detroit Street and Main Street
(indicated by an “A” on the map). Area “B” will involve the installation of banners on the bike
path between Church Street and Weaver Street by Shawnee Park. Since she is an optimistic
person, she felt sure they would have enough sponsors to display banners in both areas. If they
get more sponsors, she would love to see banners displayed in midtown Xenia, but BRACA has
not yet made a decision on that process. The more sponsors they have, the more opportunity
they will have to show off Xenia and be proud of it. Since the banners say “Welcome to Xenia”
they can be used anywhere in town and at any time of the year. That decision was made so that
the banners can be universally used anywhere in Xenia and during any season.
Councilwoman Mills said the second phase of the program will involve installation of banners in
key gateways to the City. During discussions it was mentioned that sometimes people try to
avoid the downtown area because of traffic. It was suggested that four locations be used for
promotional banners. They could be displayed at Main Street/Progress Drive on the west side of
town; the Five Points Area on the east side; North Detroit/Kinsey Road/Hollywood Boulevard on
the north side of town; and the south side would include St. Rt. 68/S. Detroit Street by Xenia
Station. The promotional banners would be used to celebrate First Friday’s Downtown, Old
Fashioned Days, Rail & Arts Fest, etc., so people would know what is going on in the heart of
our town.
Councilman Louderback wondered if new light poles were needed for Phase 2. Councilwoman
Mills said she was not sure. She believed some of the existing light poles would accommodate
banners. The light poles do not have to be the decorative light poles like the ones in the
downtown area. They can put a bracket on a wooden pole to hang a banner. Mr. Percival said
new light poles for displaying banners are included in the West Main Street Enhancement Project
that Council approved for next year, which will go along with what is being proposed here.
Mayor Pennewitt thought the program was a great idea and it was wonderful to see such
excitement in downtown Xenia. Having read and reviewed the guidelines, it seems like it is a
big responsibility. She asked if they normally give this kind of power and work to a committee
and who will be overseeing this intense program? Mr. Percival said staff has to take the flags up
and down. Mayor Pennewitt asked who would order the banners, collect the money, and keep
track, unless Mr. Percival was stating a staff person would be responsible. Mr. Percival thought
Councilwoman Felton also had the same concerns.
Councilwoman Felton thought the ordinance had to be changed because BRACA is a
recommending body and cannot “administer” a program. She discussed with Mr. Percival that
the City of Xenia will administer the program and they can coordinate with BRACA. That is one
reason Councilwoman Mills revised the cover letter to indicate that checks should be sent to the
City Manager’s Office, who will also be responsible for ordering the banners. There is no way
any of them want to be involved in that responsibility. Mr. Percival said checks will be made
payable to the City of Xenia/Banner Sponsorship Program and the Finance Department will have
a line item that will be used to purchase the banners. Councilwoman Mills said Mr. Bazelak said
the line item would be 1013, Public Affairs.
Mayor Pennewitt asked if there was a limit on the number of banners one person or company can
purchase. Councilwoman Mills said the limit is 40 percent of the banners being displayed.
Mayor Pennewitt thought there was more to this program than it appears. She supports the
program, but there will be a lot of time involved in this program at a time when they are reducing
staff.
Councilwoman Mills said when BRACA initially thought of this program, they did not ask staff
to do anything. Staff volunteered their assistance with the agenda and writing guidelines.
BRACA’s intention was to support the City without City money and to move forward with
projects without further burdening staff. After speaking with Mr. Quinlan, he stated putting up,
removing, and storing the banners would not be a problem. They also spoke with Ms. Simpson
about guidelines for the program so that BRACA does not regret their actions later.
Ms. Simpson shared her insights by developing the guidelines to protect the City and BRACA.
Motion by Councilwoman Felton, seconded by Vice President Miller, to amend the motion to
change the first sentence in Section C: GUIDELINES FOR BANNER INFORMATION
CONTENT, to “The following guidelines shall apply to Street Pole Banner Sponsorship
Program that will be administered by the City of Xenia and coordinated by BRACA” which
keeps BRACA free from the administration side of the program. No discussion followed. The
Roll on the amendment was the following:
Nays: None
motion carried.
As he mentioned during another Council meeting, Councilman Caupp noted he gave the
Community Development Director information on banner brackets. If more banners are sold
than there are poles with brackets, banners can be displayed on every pole in the City at a very
reasonable price. He saw a 200 pound man hanging from the bracket, so they are strong
brackets. As Mayor Pennewitt alluded to, the city is reducing staff and may not have enough
staff to take care of banners. He asked if an organization, such as Key Club, could be asked to
volunteer to hang the banners. Councilwoman Mills said that was discussed at the BRACA
meeting. Since staff will be removing the flags for banners that may be unnecessary, but a
volunteer organization could assist by handing banners to staff from the ground. Councilwoman
Felton did not think volunteers should be allowed in the bucket truck. Mr. Percival said he
would be concerned about volunteers in a bucket truck, but there will be plenty of opportunities
for folks to help. Councilwoman Mills agreed. Councilman Caupp wondered if a 10’ stepladder
was tall enough to reach the banner brackets. Mr. Percival said that might be possible.
Councilwoman Mills noted the banner sponsorship letter shows a picture of the banner. BRACA
is offering a sponsorship program to individuals, for profit and nonprofit groups, and
organizations. Sponsors may choose to be recognized on the bottom of banner. The application
form has a place to indicate whether you want a sponsorship name on the banner. If a sponsor
does not want their banner personalized, it will say “Established 1803.”
Councilman Louderback asked if a banner he sponsored would have to have Dale Louderback
and his company, Real Living Realty on the bottom. Councilwoman Mills said it was her
understanding that the banner would be sponsored by Real Living Realty or Dale Louderback.
Banners are not to be used for advertising. Councilman Louderback clarified he could sponsor a
banner individually. Councilwoman Mills said absolutely! Many months ago, Councilman
Caupp indicated he wanted to sponsor a banner. Councilwoman Felton asked if she could
sponsor a banner with “Councilwoman Felton” on it, and she was told no.
The Roll Call on the Ordinance as amended was the following:
Nays: None
motion carried.
Nays: None
motion carried.
Councilman Louderback presented an ORDINANCE AMENDING PART TWO ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298: FEE SCHEDULE OF
THE CODIFIED ORDINANCES OF THE CITY OF XENIA, AND DECLARING IT TO BE
AN EMERGENCY.
placed at once upon its passage. No discussion followed.
Nays: None
motion carried.
Nays: None
motion carried.
Items for the City Manager: Mr. Percival reminded everyone that school is now in
session, so please watch out for kids on the street. He wished the Xenia High School football
team good luck as they play their first home game of the year against Carroll High School
tomorrow night.
Schedule of Bills: Mr. Duke presented payment of bills totaling $178,784.72.
Motion by Mayor Pennewitt, seconded by Councilman Louderback, to approve payment of bills
Nays: None
motion carried.
Two Emergency Ordinances Authorizing the Sale of 248 Taylor Street and the Gift
of East Church Street Parcel. Mr. Lewis noted Council previously approved the acquisition of
eleven parcels through forfeiture, for which the City paid Court costs, transfer and recordation
fees. After contacting adjacent property owners, he respectfully requested that Council give
Marsha Porter the parcel adjacent to hers at 858 E. Church Street. The lot is 35’ x 100’, which is
not wide enough to build on, hence the reason for giving Ms. Porter the lot. He noted Ms. Porter
has also maintained the lot for several years. The City did not pay any Court costs, only the
recording and transfer fees of $28.50. James S. Williams Jr. would like to purchase the vacant
lot at 248 Taylor Street which adjoins a parcel he owns at 264 Taylor Street. The City paid
Court costs of $1,056.12, and transfer and recording fees of $36.50, for a total of $1,092.62.
Mr. Williams has agreed to the purchase price of $1,092.62. The Law Department will prepare
the quit claim deeds. Mr. Williams and Ms. Porter will be responsible for the fees associated
with the transfer and recording of their deeds.
Mr. Lewis respectfully request that both ordinances be passed as emergencies to recover the
costs as quickly as possible and so the City does not have to maintain the parcels any longer and
to ensure the sales are successfully completed.
Motion 1. Waive the second reading of the ordinance at two consecutive meetings and approve as an
emergency an Ordinance authorizing the City Manager to execute a quit claim deed to James S. Williams
Jr. for $1,092.62 for parcel M40000200080011400, known as 248 Taylor Street.
Motion 2. Waive the second reading of an ordinance at two consecutive meetings and approve as an
emergency an Ordinance authorizing the City Manager to execute a quit claim deed giving parcel
M40000200080015200 located on E. Church Street to Marsha Porter.
Councilman Caupp presented an ORDINANCE AUTHORIZING THE SALE OF PARCEL
M40000200080011400, ALSO KNOWN AS 248 TAYLOR STREET, AND DECLARING IT
TO BE AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Mayor Pennewitt presented an ORDINANCE AUTHORIZING THE GIFT OF PARCEL
M40000200080015200 LOCATED ON E. CHURCH ST., AND DECLARING IT TO BE AN
EMERGENCY.
Councilwoman Felton thanked Ms. Fackler for all her hard work on researching this matter and
working with the State. She asked Mr. Lewis to share her comments with Ms. Fackler.
Mr. Lewis agreed to do that.
Mr. Percival noted if the City does not accept the forfeited properties, they go to the State of
Ohio. The State of Ohio will not maintain those properties. The City must pay for weed
mowing, etc., and the State will not reimburse the City for those costs and will not maintain
them. Mr. Lewis said that is why they originally recommended the City pay the Court costs to
take the properties, even though they have no real value, because if the lots can be transferred to
new owners, it will eventually be a cost benefit to the City, not to mention aesthetics.
Nays: None
motion carried.
Nays: None
motion carried.
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE
AGREEMENT GRANTING AN EASEMENT TO DAVID AND CAROL HIDY FOR THE
PURPOSE OF ACCOMMODATING A PRIVATE DRIVEWAY ALONG THE WEST SIDE OF
CREEKSIDE TRAIL BIKEPATH, and it was read for a second time.
Motion by Councilman Louderback, seconded by Mayor Pennewitt, that Ordinance Number
09-59 be now passed. Discussion followed.
Vice President Miller said after reviewing the minutes of August 13, 2009, he did not object to
granting an easement for the use of a portion of the Creekside Trail Bike Path right-of-way.
However, the paperwork or drawing did not show any information about a protective
barrier/fence between the bicycle path and that property since that easement will be used for a
drive-thru, which means cars will be closer to the bicycle path. Mr. Lewis said there is no
provision for a fence. They discussed that there was still a lot of space between the proposed
driveway location and the bike path. There are probably a lot of areas on the bike path now
where the road is closer to the bike path than this driveway will be. Vice President Miller said
that may be true, but he would like landscaping or something to shield the bike path. He looked
at it as he drove by today but could not tell the distance. Mr. Percival said they would look at it
but he felt certain there was quite a bit of distance between the driveway and the bike path. Vice
President Miller said he wanted to make sure that bicyclists were safe and that there is no walkup traffic that may impede the progress of a car, etc. They do not want someone walking on that
drive-thru area. Councilman Caupp thought they had more issues with bicycles on downtown
streets than to worry about this. Vice President Miller asked why they would make one more
problem. He would rather resolve one now and be done with it and resolve the other issue later.
Nays: None
motion carried.
Items for the Law Director: Mr. Lewis said unfortunately today there was a murder/
suicide in town that was essentially an act of domestic violence. This is an opportunity to remind
everyone that domestic violence is a problem everywhere in the country, which certainly affects
the City of Xenia and the surrounding area. For instance, his office had previous charges on the
individual and very recently had charges on the individual for domestic violence. This incident
emphasizes why domestic violence services are very important because you never know when
something will escalate to that level.
thanked everyone for the clothes and school supplies they donated to the Community Action
Partnership. The event was very successful. He also reminded everyone that Farmer’s Market
will continue through the third week in September. The next First Friday’s Downtown is
September 4th.
Vice President Miller asked citizens to watch out for kids going to school since all Xenia area
schools are now in session. St. Brigid Elementary School will be closed tomorrow for a Catholic
holiday. His thoughts and prayers go out to both Xenia families of the tragedy about which
Mr. Lewis spoke. Senator Ted Kennedy was the last surviving brother of the Kennedy dynasty
to pass away. Even though Senator Kennedy was on one side of the fence most of the time and
he was on the other side of the fence, you still have to give that man credit for giving his life to
this country, as his brothers and his entire family did. His thoughts and prayers go out to the
Kennedy family for their loss.
Councilwoman Mills reminded citizens that they may have to wait a long time for traffic to
disperse at the Kinsey Road/N. Detroit Street signal when Xenia High School is commencing or
dismissing. Some of the problem will be resolved in the future, but some of it is due to the
number of cars on Kinsey Road during that time of day. She thanked everyone who supported
the banner program. She is very excited to move forward with it and to see beautiful banners
displayed downtown. After Council approved the Banner Sponsorship Program tonight, she was
told information would be posted on the city’s website and on Channel 5. Citizens can also call
her if they have questions at (937) 673-8347 or e-mail her at [email protected]. She also
thought the City Manager would be happy to take calls and share information on the program.
Mayor Pennewitt gave the Mayor’s Report for July:
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7/1/09
7/4/09
7/6/09
7/7/09
7/9/09
7/10/09
7/12/09
7/13/09
7/15/09
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7/19/09
7/22/09
7/24/09
7/29/09
7/29/09
 7/30/09
 7/31/09
Attended the BRAC Milcon Project Groundbreaking
Attended the Merchants Association First Friday Event
Met with Dr. Hardaway of Wilberforce University
Governor of Girls State Proclamation was presented
Attended the Toast of the Town @ XARSC
Welcoming Reverend Dr. Sinkfield
Attended the 35th Anniversary of AME Church
Attended a Mural Society meeting
X*ACT - A New Beginning, which was the dedication for the new theatre, which was
covered by Channel 2, the Xenia Gazette and Dayton Daily Photo Op. She also made the
announcement that she would not seek re-election.
Walter Seller’s Proclamation
Met with citizen and attended Tudor's Biscuit World Ribbon Cutting
Attended the Chamber of Commerce meeting
Attended the X-Town RC Ribbon Cutting
Met with Brook Hill, SW Regional Director, and Elizabeth Thames, State Deputy
Director
Met with Pastor Bradley Smith
Meeting with Greg Henderson regarding the Women's Recovery Center
Councilman Caupp, President Propes, and Councilwoman Felton had nothing further to share.
ADJOURNMENT: Motion by Councilman Caupp, seconded by Councilman Louderback, to
adjourn the Regular Session at 7:58 p.m. to go into Executive Session to discuss personnel
matters. No discussion followed. The Roll on this was the following:
motion carried.
President Propes said he voted ‘nay’ due to lack of notice.
Xenia City Council
Xenia City Council
September 10, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on September 10, 2009, at 7:00 p.m., in the
City Council Chambers, City Hall, with the following members present: William R. Miller, John
Propes.
INVOCATION: Charlie Huff, Xenia’s John the Baptist, gave the invocation after which all
Louderback, to approve the August 27, 2009, Regular Session minutes as written. No discussion
Nays: None
motion carried.
Wesley Smith, 2049 Highlander Drive North, said he wanted to introduce himself as one of the
six or seven candidates slated to run for City Council this fall. His intention is to offer input and
to be a positive member of the Xenia community. He has business in the local area, a home in
Xenia, and three children attending the Xenia school system. He wants to do everything he can
to help make Xenia a better community and a nicer place to live and he will run his campaign on
that basis. He has never attended a Council meeting in the past because he has not had a problem
that he needed to address. He anticipates it will be a friendly race. If citizens would like to get
to know him, his number is listed in the phone book or he can be contacted through his website
at www.yesforwes.info. He thanked Council for letting him speak tonight.
Traffic Commission: Councilman Caupp said the Commission will meet on Monday,
September 21st at 7 p.m. due to cancellation of the meeting on Labor Day. There will be no
meeting in October due to the close proximity of the September 21st meeting. President Propes
asked if Councilman Caupp would like to be on the agenda for the next Council meeting.
Councilman Caupp said yes.
Greene County Regional Planning Commission: Councilman Caupp said the meeting
Board of Zoning Appeals: Mayor Pennewitt said BZA met on August 24th and took the
following actions:
 Granted a conditional use permit and variance to P & R Communications to construct a
300’ tall lattice style wireless telecommunication tower at 1052 Lavelle Drive.

Granted a variance to James Moody of Moody Cement to allow off-street parking in the
front of the property located at 729 Trumbull Street.
Councilwoman Felton thought there was a law against having cell phone towers in the City,
other than at City Hall and John Sale Manor. Mr. Percival said the 300’ tall tower would be for
radio communications. Councilwoman Felton asked if radio communications had anything to do
with cell phone companies. Mr. Percival said he did not believe so. He noted Ms. Simpson
looked very hard at the conditional use permit and recommended that it be approved.
Councilwoman Felton asked Mr. Percival to make sure. Mr. Percival agreed to do that.
Councilman Caupp asked the address of the telecommunication tower. Mayor Pennewitt said the
tower would be located at 1052 Lavelle Drive. Mr. Percival said it is the former Wallace
Communication’s property located at the corner of Lavelle Drive and Patton Street. Councilman
Caupp asked if the property was located in the City. Mr. Percival said yes; it is located in the
Industrial Park.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilwoman Mills said she was invited
to a meeting Tuesday night at Xenia High School regarding the City’s recreational basketball
program. She was asked to share that there will be a recreational basketball program in the City
this fall. They have a number of coaches but more are needed. They would like to include third
and fourth grade students, if possible. If you are interested in being a coach, please contact Kent
Anderson, Basketball Program Director at Xenia High School. Informational flyers will be
distributed to public school students in the future. They are quite excited. It took a handful of
volunteers who were interested in saving the City’s recreational basketball program. She
thanked the volunteers for their interest and devotion in continuing the program.
Emergency Appropriation Ordinance Amending Ord. 09-13 to increase the use of
HOME Program Income to cover final costs of the FY 2006 CHIP Private Owner Rehab
Program. Mr. Percival said this agenda item has been amended. When the item was first put
together, they thought they had to have an additional appropriation for the completion of the
CHIP Private Owner Rehab Program. Actually, they only need to do a transfer of
appropriations; therefore, they will not be requiring an ordinance this evening. He respectfully
requested that Council transfer $25,000 in housing funds from the City of Xenia’s HOME
Program Income into 603-5405-57105 for Housing Construction costs of Private Owner Rehab
under the FY 2006 CHIP program. The increases in costs were due to higher than anticipated
costs for lead based paint clearances.
Mayor Pennewitt asked if emergency passage was needed. Mr. Percival said there is no
emergency; it is simply a transfer of funds, which is accomplished with a motion. If it had been
an ordinance, emergency passage would have been requested.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to transfer a total of $25,000.00
($19,847.00 from 603-5363-57105–Ohio Housing Trust Fund Housing Construction and
$5,153.00 from 603-5363-53191—Ohio Housing Trust Fund EAP--Consulting) into 603-540557105 (HOME Program Income Housing Construction) for CHIP Private Owner Rehab new
construction costs. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for CDBG Towler Road and Springhill Park bicycle/pedestrian paths.
Mr. Percival noted the City went through a competitive bidding process that was advertised on
July 16, 2009, with bids opened on August 5, 2009. Three bids were received as follows:
Vendor
Towler (A)
Springhill
Path Only
(B i)
Springhill Path
and Connectors
(B ii)
Total
A + B ii
Barret Paving Materials
Pavement Protectors DBA M&D Blacktop
Melvin Asphalt Paving Co.
$47,562.12
$43,616.50
$35,455.75
$41,353.02
$35,465.42
$24,918.31
$59,463.65
$54,821.14
$38,624.94
$107,025.77
$98,437.64
$74,080.49
The lowest and best bid was $74,080.49 from Melvin Asphalt Paving Company. The Engineer’s
estimate for this project was $87,315.00. In the future, they may use the surplus funds for other
improvements at Towler Road or Springhill Park. They would first like to get this project
completed and then look at how they can utilize those restricted CDBG dollars.
Mr. Percival respectfully requested that Council award the bid for the CDBG Towler Road and
Springhill Park bicycle/pedestrian paths to Melvin Asphalt Paving Company and authorize the
City Manager to execute a contract and a purchase order not to exceed $74,080.49, noting that
FY 2008 CDBG funds will be utilized for completion of this project.
Councilwoman Felton said she would make the motion with stipulation that the contract not
exceed $74,080.49. Mr. Percival said the motion he requested is a not to exceed amount.
Councilwoman Felton said the motion did not state that. The agenda report states, “The
difference between the contracted amount and the budgeted CDBG amount will be utilized for
any required change orders and/or additional items that would complete the project such as
signage, park benches, and bicycle racks.” President Propes noted the motion requested states
the purchase order will not exceed $74,080.49. Councilwoman Felton said she did not read that
in the body of the document and called about it today. She asked if there would be bonding on
the project. Mr. Percival yes.
Motion by Councilwoman Felton, seconded by Councilman Louderback, to award the bid for the
CDBG Towler Road and Springhill Park bicycle/pedestrian paths to Melvin Asphalt Paving
Company and authorize the City Manager to execute a contract and a purchase order not to
exceed $74,080.49, noting that FY 2008 CDBG funds will be utilized for completion of this
project. Discussion followed.
Councilman Caupp asked the completion date for the project. City Engineer Chris Berger said
the contract states the project will be completed in a maximum of 60 days. Considering the
small amount of work, unless there is a lot of bad weather, he would be very surprised if the
work takes 60 days. Councilman Caupp said he wanted to ensure the paths at Springhill Park are
completed to the specifications on the plan. He does not want the contractor to deviate from the
plan. Mr. Berger noted the comment. The lineal footage in the staff report is based on the
drawing provided.
Councilman Louderback noted no general funds will be utilized with this project. Mr. Percival
said that was correct; CDBG funds will be utilized.
Nays: None
motion carried.
Award of Bid for the Ford Road and Glady Run Door and Window Replacement
Project – 2009. Mr. Percival stated he could not present the item because he has a family
member that works for one of the companies. He deferred to Jason Tincu, Utilities Manager.
Mr. Tincu said through the approval of the 2009 Capital Budget, Council granted approval to
facilitate door and window rehabilitation activities at the Ford Road and Glady Run Wastewater
Treatment Plants. Staff has recommended a 2-year window and door rehabilitation project. The
first phase was completed in 2008. After this second and final phase of the project, all structures
at both Glady Run and Ford Road will be completely rehabilitated with new doors and windows.
On August 18, 2009, bids were opened for this project. Two (2) bids were received from the
following firms in the following amounts:
Firm:
Becker Construction, Inc.
Knisley’s Construction
Bid Total:
$30,325.00
$32,810.00
Mr. Tincu respectfully requested that Council award the bid for the Ford Road and Glady Run
Door and Window Replacement Project—2009 to Becker Construction, Inc., authorize the City
Manager to enter into a contract with Becker Construction, Inc., and issue a purchase order to
them not to exceed $30,325.00 for said project.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to award the bid for the Ford
Road and Glady Run Door and Window Replacement Project—2009 to Becker Construction,
Inc., authorize the City Manager to enter into a contract with Becker Construction, Inc., and issue
a purchase order to them not to exceed $30,325.00 for said project. Discussion followed.
Councilman Louderback noted that prior to tonight’s meeting he shared another copy of the
Andersonville Study of Retail Economics. The report states, “For every $100 in consumer
spending with a local firm, $68 remains in the area; only $43 remains in the area from
purchases from non-local firms.” Knisley’s Construction, a local company, had a difference of
$2,485. If you do the math, $68 minus $43 is $25. Knisley’s bid is only a difference of 8%. He
strongly supports Xenia business. He would like to make a motion that Council reject this offer
and go with Knisley’s Construction at a much bigger savings than Becker Construction, which is
a West Carrollton company. Mr. Lewis clarified Councilman Louderback was making a motion
to amend the original motion, which must be voted on first.
Motion by Councilman Louderback, seconded by Councilwoman Felton, to amend the motion to
award the bid to Knisley’s Construction. No discussion followed. The Roll on the amendment
was the following:
Nays: None
motion carried.
Mr. Lewis stated a vote was now needed on the original motion, as amended. Mayor Pennewitt
said she was confused. Councilwoman Felton said the amendment will change the award of the
bid to Knisley’s Construction. President Propes said Council first voted to amend the motion.
The next roll call would be to award the contract to Knisley’s Construction.
President Propes entertained further comments.
Councilman Caupp noted under “Project Specifications” he was happy to see the “Familiarity
with the Work” paragraph. Basically, it states the contractor has looked at the property and is
aware of all the issues that may be there prior to the job being done to keep them from coming
back to Council at a later date like what happened earlier this year with one contractor.
President Propes asked if the Assistant City Manager would have to enter into the contract since
Mr. Percival stated he had a conflict. Mr. Lewis said no. Mr. Percival would be signing the
contract with Council’s authorization but he cannot present or comment on the agenda item.
Motion by Councilman Louderback, seconded by Councilwoman Felton, to award the bid for the
Ford Road and Glady Run Door and Window Replacement Project—2009 to Knisley’s
Construction, authorize the City Manager to enter into a contract with Knisley’s Construction,
and issue a purchase order to them not to exceed $32,810.00 for said project. No discussion
followed. The Roll on the motion as amended was the following:
Ayes: Miller, Caupp, Louderback, Mills, Felton, and Propes
Nays: Pennewitt
motion carried.
Mayor Pennewitt said she wanted to make it very clear that she was not opposed to buying
locally. She knows that Knisley’s Construction does good work. However, she feels our staff
has given Council a recommendation and the Becker Construction bid was lower than the
Knisley’s bid, which is why she voted against awarding the bid to Knisley’s Construction.
Councilman Louderback said he would like to point out one more time that according to the
Andersonville Study of Retail Economics, by going locally, for every $100 spent, $68 remains in
this area, rather than $43 (an additional $25). The difference in Knisley’s Construction bid was
less than 8%. He is not a math major, but it is pretty clear to him that the Knisley’s Construction
bid is a much better choice.
Award of Bid for the Massie Creek and Oldtown Wellfield Driveway
Reconstruction Project. Mr. Percival said through the approval of the 2009 Capital Budget,
Council granted approval to facilitate the construction of driveways across the City’s two (2)
source water wellfields located in Xenia Township, the Massie Creek, and Oldtown Wellfields.
These two wellfields house eleven (11) groundwater wells that supply source water to the City’s
Water Treatment Plant. Each of these wells need to be accessed and maintained on a regular
basis. The current road systems within the wellfields have deteriorated to mere dirt and gravel
packed with ruts. The contractor will put in a gravel base that will allow staff to access those
wellfields. On August 14, 2009, eight (8) bids were opened for the project. The lowest bid was
from Durst Brothers Excavating in an amount not to exceed $37,700.
Mr. Percival respectfully requested that Council award the bid for the Massie Creek and Oldtown
Wellfield Driveway Reconstruction Project to Durst Brothers Excavating, authorize him to enter
into a contract with Durst Brothers Excavating, and issue a purchase order to them not to exceed
$37,700 for said project.
Motion by Councilman Louderback, seconded by Councilwoman Mills, to award the bid for the
Massie Creek and Oldtown Wellfield Driveway Reconstruction Project to Durst Brothers
Excavating, authorize the City Manager to enter into a contract with Durst Brothers Excavating,
and issue a purchase order to them not to exceed $37,700.00 for said project. Brief comment
followed.
Councilwoman Felton clarified the road they are putting gravel on is located in Xenia Township.
Mr. Percival said that was correct. Councilwoman Felton said our law says they cannot do that.
Mr. Percival thought they would be probably be okay in agricultural. Councilwoman Felton said
she did not know about that. They discussed one property today about not allowing driveways,
so she wanted to make that clear.
Nays: None
motion carried.
Ratification of Collective Bargaining Agreements with FOP – Ohio Labor Council.
Mr. Percival said, per his e-mail to Council this afternoon, he would like to withdraw this agenda
item so they can get the final draft of the contract. As soon as that is received, Council will
receive a copy to review and hopefully have a brief meeting to ratify that contract.
Introduction of an Ordinance Amending XCO Chapter 274 Classified Service.
Mr. Percival noted Council approved a compensation plan structure and procedures for the City
of Xenia non-union employees on December 11, 2008. The plan included an appeal process to
allow employees to appeal the point factor score assigned to their position and subsequent Pay
Grade. The Appeal Board is recommending a change based on one specific employee appeal
brought before the Board. It is recommended that the position of City Planner move from Pay
Grade 5 to Pay Grade 6. He respectfully requested that Council introduce an Ordinance
amending XCO §274 to put the job title of City Planner where it belongs.
Councilman Caupp introduced an ORDINANCE AMENDING PART TWO –
ADMINISTRATION CODE, TITLE EIGHT – BOARDS, COMMISSIONS AND COMMITTEES,
CHAPTER 274 – CIVIL SERVICE COMMISSION TO REFLECT CHANGES DUE TO
OUTCOMES OF EMPLOYEE APPEALS AND THE REORGANIZATION OF THE PUBLIC
SERVICE DEPARTMENT, and it was read for a first time.
Introduction of an Ordinance Amending XCO Chapter 260 Pay Sources.
Mr. Percival said as part of the reduction in force effective September 5, 2009, the Homeland
Safety/Risk Management Director position was eliminated. The responsibilities for that position
are being redistributed among several work units and absorbed by multiple individuals. Since
the Deputy Fire Chief will be coordinating the emergency planning functions for all areas of
municipal operations, it is appropriate to amend the existing pay source ordinance to include a
redistribution of the Deputy Fire Chief’s salary and benefits costs commensurate with his new
responsibilities. The initial recommendation for the distribution is 70% - General Fund, 15% Water Fund, and 15% - Sewer Fund in order to more adequately reflect the Deputy Fire Chief’s
job duties and to take some dollars away from the General Fund to more adequately spread those
costs across the funds where they belong.
Mr. Percival respectfully requested that Council introduce an ordinance amending XCO §260.03
Pay Sources to include a redistribution of the Deputy Fire Chief’s salary and benefit costs
commensurate with his new responsibilities.
Mayor Pennewitt introduced an ORDINANCE AMENDING SECTION 206.03 PAY SOURCES
OF CHAPTER 260: EMPLOYEES OF TITLE SIX: ADMINISTRATION OF THE CITY OF
XENIA CODIFIED ORDINANCES, and it was read for a first time.
Emergency Resolution to Execute an Agreement with AT&T authorizing them
under certain conditions to install Utility Boxes in Private Properties for their U-verse
Service. Mr. Percival noted a copy of the amended agenda item was given to Council at
tonight’s meeting. AT&T Ohio is proposing to provide Xenia residents U-verse service, which
is an advanced product that brings together superior TV, high-speed internet, and home phone.
This allows for direct competition with Time Warner. In order for AT&T to be able to provide
the U-verse service, they need to install utility cabinets on private properties along easement
lines. He then deferred to Mr. Lewis for more specific information on this item.
Mr. Lewis noted some time ago, AT&T made a presentation to Council during a work session
detailing this type of service. At that time, AT&T was not exactly sure what the design of the
boxes would be, which looked rather large and was a concern of Council. As shown in the
drawings provided in the agreement, the sizes of the boxes are considerably smaller than what
was originally envisioned. AT&T is implementing the utility cabinets throughout communities.
The agreement the City is using is very close to the one that Kettering has used.
Mr. Lewis noted there are two changes to the agreement from what was originally provided in
the agenda packet:

Paragraph 17A: Originally the City requested that AT&T provide a letter of credit or cash
deposit. AT&T requested a bond as a third option, which is pretty standard and done in almost all
the City’s contracting.

Paragraph 3: Originally the City stated AT&T would need to comply with Section 866.02 Video
Service Provider (VSP) Fee, Percentage, and Audit of the City of Xenia Code of Ordinances.
However, our City ordinances are not entirely correct at this time. Section 1332.32 of the Ohio
Revised Code is the law that dictates this stipulation. The City is still entitled to the same
compensation that they are entitled to under XCO Section 866.02; however, Section 1332.32 is
the correct language. That change was made so that the agreement is concurrent with the current
law.
Councilwoman Felton asked for clarification. Mr. Lewis said essentially this is a franchise
agreement. The City is entitled to share a five percent (5%) franchise fee that includes
advertising revenues based on gross receipts as outlined by the statute. Councilwoman Felton
said she knew that but felt Mr. Lewis was not clear.
Mr. Lewis reiterated those are the two minor changes to the agreement. This is a service that
AT&T Ohio is attempting to provide throughout the State.
Councilwoman Felton asked if the location of the utility cabinets on private property would be
controlled by the City. Mr. Percival said the agreement states the location is based on staff’s
approval. Mr. Lewis said AT&T must go through a permitting process for the location of those
boxes. Councilwoman Felton said she wanted to ensure the public knew that. Mayor Pennewitt
noted Councilwoman Felton would not get a franchise fee if a box is located on her property.
Councilwoman Felton said AT&T will not put a utility cabinet on her property unless she gets
paid for it. Mayor Pennewitt asked what would happen in a case like that. Mr. Lewis said
AT&T would have to have the property owner’s permission to put a box on the property.
President Propes entertained a motion that Council waive the second reading of the resolution at
two consecutive meetings and approve as an emergency a resolution authorizing the City
Manager to execute an agreement with AT&T Ohio for the installation of utility boxes on private
properties under certain conditions.
EXECUTE AN AGREEMENT WITH AT&T OHIO FOR THE INSTALLATION OF UTILITY
CABINETS FOR U-VERSE SERVICE, AND DECLARING IT TO BE AN EMERGENCY.
Councilman Caupp noted some residents have a DP&L box in their yard, a cable box, and
another tall square phone box next to it. He asked if the AT&T boxes would replace the tall
square boxes and if the AT&T boxes would be located in the same general area where there is a
DP&L box, a cable box, and a phone box or if they would be located somewhere else. He noted
his own yard already has a DP&L box, a cable box, and a phone box. Mr. Percival said the
existing DP&L, cable, and phone boxes are in the right-of-way. The AT&T boxes will be
located outside of the right-of-way [on private property]. Part of the agreement states that AT&T
boxes cannot be located in the right-of-way. Mr. Lewis thought the AT&T boxes would replace
some of the standard phone boxes. He asked Attorney Andrew Emerson for clarification.
Attorney Andrew Emerson, Porter Wright Morris & Arthur LLP, Columbus, said he represents
AT&T Ohio and has been a part of discussions with staff. The current cross connect box would
not be replaced but the AT&T box would go next to it. All the current copper pairs that run the
surrounding homes feed into that cross connect box. The AT&T box will sit next to it and house
all the equipment that allows video to run through those copper pairs so no new lines will be
required. They can use the same phone lines that run into the home. A total of seven or eight
boxes are covered by this agreement. Some of the other locations are in the Township, and one
is located in an underground controlled environmental vault.
Councilman Caupp asked if the boxes would be located throughout the City. Mr. Emerson said
yes. Mr. Lewis clarified one AT&T utility box at the service center would cover the
neighborhood; one box would not be needed for every home. Mr. Emerson said currently cross
connect boxes exist throughout the City that provide phone service. Each of those phone service
boxes will not get one of the AT&T utility boxes. There will be seven or eight utility boxes
located throughout the City and they will sit as close as possible to the existing cross connect
box. Councilman Caupp clarified AT&T would be providing all the landscaping around the
boxes. Mr. Emerson said yes, pursuant to the agreement.
Councilman Caupp asked if earlier in the year Time Warner charged the City $75,000 for I-Net
service. Mr. Bazelak said that was correct. Now that Time Warner has competition with AT&T,
Councilman Caupp asked if the City could go back and put the service out for competitive bid.
Mr. Bazelak thought the Time Warner I-Net Service contract did not expire for at least another
year or 18 months. When that contract expires and if that service is available through AT&T, the
contract could be bid. Mr. Emerson said AT&T would love to have that business. Mr. Lewis
thought part of the $75,000 included hardware installation and cables; it was not just for I-Net
service. Mr. Bazelak said he would have to verify that but thought most of the $75,000 was for
I-Net service. Councilman Caupp thought the City used to get I-Net service free. Mr. Bazelak
said that was correct. Councilman Caupp felt the City definitely needed to consult AT&T in a
year to see which company can do the best job for the City.
Councilman Louderback noted Mr. Lewis mentioned AT&T previously did a presentation to
Council. He has been on Council for almost two years and never missed a work session or
executive session. Mr. Lewis said AT&T might have done the presentation prior to when
Councilman Louderback began serving on Council. AT&T gave a very lengthy presentation to
Council during a work session. Councilman Louderback clarified the presentation was made
prior to when Councilman Caupp and he began serving on Council. Councilwoman Felton said
she also did not remember the AT&T presentation. President Propes believed the presentation
was made prior to when he began serving on Council.
Councilman Louderback said he was handed the revised contract at 6:55 p.m. tonight. Since he
does his homework on every vote, he asked how he was supposed to make a rational decision
when he was handed a 12-page double-side document just before the meeting. Mr. Lewis said
the original documents were included in the agenda packet. Councilman Louderback said it was
not in his agenda packet. Mr. Lewis said the only difference between the document provided in
the agenda packet and the document distributed this evening was the two small changes that he
discussed previously, which were adding the bond and changing the ordinance number from our
local ordinance to the ORC section. He reiterated the original agreement was provided in the
agenda packet.
Councilman Louderback said the agenda packet also stated there were details of the FOP
contract included, but that was not provided in his packet. Mr. Lewis said he was not responsible
for that; he was only responsible for the AT&T agenda item. Councilman Louderback said he
was not privy to the previous meeting with AT&T. Mr. Lewis said he did not know who was
there since he did not take attendance; however, AT&T did do a presentation about the utility
boxes and services. He assumed everyone on Council at that time received a notice to attend the
meeting. He cannot control who saw the presentation because he is not responsible for that
either. He just knows that AT&T did do a presentation to Council on the service. Councilman
Louderback said the point is that he was not here. Mr. Lewis said his point is he cannot control
that; he is responsible to provide the documents. Councilman Louderback said his point is that
he was not on Council at the time. Mr. Lewis said that may be, but that does not mean that
AT&T did not make a presentation to Council. He still stands by his statement that AT&T did
make a presentation to Council. Councilman Louderback said Mr. Lewis should not allude to
the fact that he may have missed a meeting. Mr. Lewis said he did not do allude to the fact that
Councilman Louderback missed a meeting. Councilman Louderback believed he did.
Mr. Lewis said Councilman Louderback may have misconstrued what he said. He was not
insinuating that Councilman Louderback missed a meeting. What he is trying to say is that
AT&T did come to Council and made a presentation. He did not know if Councilman
Louderback was there or not. Mr. Emerson offered to do a quick overview of the services.
Councilman Louderback said that was not necessary.
Nays: Louderback
motion carried.
09-U be now passed. No discussion followed. The Roll on this was the following:
Nays: Louderback
motion carried.
Award of Three-Year Bid for Income Tax Forms. Mr. Bazelak respectfully requested
that Council award the 3-year bid for tax forms to InSource Solutions Group, Inc., in the amount
of $9,302.50 for year one; $9,420.50, for year two; and $9,538.50 for year three, for a total of
$28,261.50 over the three-year period and authorize him to enter into that 3-year agreement.
InSource Solutions has been awarded the bid for the last four years to prepare our tax forms and
the City has received excellent service from them. This year they asked for a second option to
mail individual tax notification postcards instead of tax return packages, like they do for
businesses, to see what kind of reduced price they could get. The price was a little less but it was
not enough to make the change this year. The request to award of the bid was based on what was
done in the past, which is to mail tax return packages to all individual taxpayers.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to award the three-year bid for
Tax Forms to InSource Solutions Group, Inc., in the amount of $9,302.50 for year one;
$9,420.50 for year two; and $9,538.50 for year three, for a total of $28,261.50 over the threeyear period (does not include postage and total is subject to change if there are any changes in
the number of tax accounts) and authorize the Finance Director to execute the Purchase Order.
Discussion followed.
Councilman Caupp said he found it shocking that only two of the 13 businesses receiving a bid
packet submitted a bid. Mr. Bazelak said that was correct. Councilman Caupp commented that
business must be better than he thought. Mr. Bazelak said staff was surprised at the number of
businesses that inquired and were sent bid specifications. They rarely get more than three bids
for the tax form package; it not a very large bid.
Nays: None
motion carried.
Introduction of an ordinance amending Part Two – Administration, Title Twelve:
Fees, Chapter 298 to change the dishonored check fee to a returned item fee and request to
amend the Income Tax Rules and Regulations. Mr. Bazelak noted the following changes are
requested:
Change #1 to Ordinances Chapter 298 and Income Tax Rules and Regulations– Returned items
Changes are requested to rename the returned check fee to a returned item fee to include ACH
transactions returned for insufficient funds, closed accounts, or other reasons. The proposed change is to
the existing paragraph under Article XV (CHARGE FOR DISHONORED CHECKS – would change to
CHARGE FOR RETURNED ITEMS).
Change #2 to Income Tax Rules and Regulations – Telecommuters
Changes are requested to ensure that Xenia employers continue city income tax withholding on
telecommuting employees who work outside the City for their (the employee’s) convenience and not out
of necessity of their employment. The language for this change was modeled after existing rules for the
City of Dayton.
Change #3 to Income Tax Rules and Regulations – 2106 Expenses
Changes are requested to clarify the process for 2106 employee business expenses for employees who
have city taxes withheld for other cities. When a Xenia resident does not work within the City of Xenia
but works within another taxing city, 2106 employee business expenses cannot be used to reduce Xenia
taxable income when the income was earned and taxed in another city. The taxpayer can file a return
with the taxing city where employed to request a refund for the amount of city taxes withheld related to
the 2106 employee business expense.
Change #4 to Income Tax Rules and Regulations – Electronic submission of W-2s
The IRS currently requires all employers with 250 or more W-2s to submit their W-2s electronically. Use
of this process will greatly reduce the time required in the Tax Department to perform the annual
reconciliation of withholding payments and save the employer’s time and money in the submission of
W-2s to the City.
Mr. Bazelak respectfully requested that Council entertain two motions:
Motion 1: Introduction of an ordinance amending Part Two – Administration, Title Twelve: Fees,
Chapter 298 to change the dishonored check fee to a returned item fee.
Motion 2: A motion to amend the Income Tax Rules and Regulations as presented.
Vice President Miller introduced an ORDINANCE AMENDING PART TWO –
ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE CODIFIED
ORDINANCES OF THE CITY OF XENIA TO CHANGE THE DISHONORED CHECK FEE
TO A RETURNED ITEM FEE, and it was read for a first time.
Motion by Vice President Miller, seconded by Councilman Caupp, to amend the Income Tax
Rules and Regulations as presented. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to approve payment of bills
totaling $391,419.42. Discussion followed. Councilman Louderback said is seems like Xenia
Municipal Court is going back to buying from Staples. He noted the Police Division’s DARE
Program spent $4,129.80 with a company from Connecticut. He would like those departments to
consider buying Xenia. The Roll on this was the following:
Nays: Louderback
motion carried.
Councilman Louderback asked if the City’s cash reserve, or what he calls our “Rainy Day
Fund,” is $3.5 million. Mr. Bazelak said the City’s cash balance is approximately $3.5 million at
this point in time. Councilman Louderback said he would bring that up again in the future.
Three (3) emergency ordinances authorizing the sale of 830 E. Church Street,
908 E. Market Street, and a lot on E. Main Street (M40000200080038600). Mr. Lewis said
he originally planned to ask for passage of three emergency ordinances tonight authorizing the
sale of properties. However, he understood there was some concern about the sale amount. He
reminded Council that the taxing authorities waived the delinquent and current property taxes on
all those properties. If the City makes any money from the sale of these properties, the taxing
authorities would be entitled to be reimbursed for the amount they waived. All these properties
were put up for auction twice with no bidders for the amounts of those taxes. In other words, the
properties have already been put up for sale for the minimum amount they were allowed to sell
for to reimburse those taxing authorities and the properties failed to sell twice. That is why the
City is asking for such a small fee. Essentially those taxing authorities only waived those fees on
the condition that if the City made any money, they would get their money back proportionately.
If Council desires, these properties can be discussed at a work session rather than executing the
sales. He is leaving it up to Council to decide if they would like to table the item to discuss it
further at a work session or if they would like to go forward.
Vice President Miller clarified these properties are very similar to the other properties discussed
at the last Council meeting. Mr. Lewis said they are similar but the sale amounts are smaller
because the Court costs were non-existent on these properties. When they sold the other
properties, they were recouping the City’s actual Court costs on those properties. The properties
sold for more but that was to reimburse the City’s costs. The City only has the minimal costs
listed for these properties. The City is not going to take a loss on these properties, but they are
being sold for what we have in them. Vice President Miller clarified the City would not be
losing any money by getting rid of these properties, plus the City will no longer have to mow and
maintain these empty lots. Mr. Lewis said that was correct.
Councilman Caupp presented ORDINANCE AUTHORIZING THE SALE OF PARCEL
M40000200080014800, ALSO KNOWN AS 830 EAST CHURCH STREET, AND
M40000200080030100, ALSO KNOWN AS 908 EAST MARKET STREET, AND
M40000200080038600, LOCATED ON EAST MAIN STREET, AND DECLARING IT TO BE
AN EMERGENCY.
President Propes asked if the ordinances could be passed together. Mr. Lewis said yes, unless
someone has a concern. Councilman Louderback said he had a concern. Being in the real estate
business, he would be happy to get one of these lots for $28.50. As a matter of fact, a local
realtor purchased two of the lots – one for $62.50 and one for $28.50. It is his contention that the
City can get much more money for these lots than what is in front of him.
reading of the ordinances at two consecutive meetings be dispensed with and this ordinance be
Councilwoman Felton said when she spoke with staff this morning she did not realize that any
extra money the City got had to go back to the taxing authorities. Mr. Lewis said it does. The
taxing authorities waived the delinquent and current property taxes on the condition that if the
City makes any money, they would be reimbursed for the money they waived first.
Councilwoman Felton said she would rather give the lots to Habitat for Humanity. Councilman
Louderback noted the City has done that in the past. President Propes noted the City gave
Habitat for Humanity one or two lots but construction has not yet begun.
Councilman Caupp asked if the people purchasing the lots own adjacent properties. Mr. Lewis
said one individual has an adjacent lot but the other individual does not. Linda Green does not
own property adjacent to the two lots she would like to purchase. James and Clara Richardson
do own the adjacent lot [they would like to purchase]. James and Clara Richardson’s property
would have to sell for more than $7,017.64. The second property would have to sell for more
than $4,429.50. The third property would have to sell for more than $3,287.90 before the City
would see any of that money. The properties may be worth more than that – he does not know –
but they did not sell at auction. Councilman Caupp thought the properties were offered to
adjacent residents to purchase. Mr. Lewis said that was done. Councilman Caupp asked how the
properties in Motion 2 and Motion 3 were offered to Linda Green for $62.50 and $28.50
respectively. Mr. Lewis said that is the City’s cost at this point. Councilman Caupp asked how
Ms. Green knew those properties was available for that price. Mr. Lewis and President Propes
noted information was posted on the City’s website.
Councilman Caupp said he would like to amend his motion to vote on the three ordinances
separately. Mr. Lewis said all the ordinances could be pulled if Council would like to discuss
them further. He has no personal vested interest in the properties, so whatever Council decides
to do is fine. If Council decides to list the properties with a realtor, they would have to go
through the competitive bidding process to see which realtor gives them the best offer to list the
properties. The properties could be put up for auction again, which he does not recommend
since they have been up for auction twice with no bidders and that is how they got forfeited to
the City in the first place. They can also list the properties for sale at whatever price they chose
and try to sell them ourselves.
Councilman Caupp said he was a little confused about Motion 2 and Motion 3. He thought the
properties were going to adjacent property owners. Mr. Lewis said the two properties listed in
Motion 2 and Motion 3 would not be going to adjacent property owners. President Propes asked
Councilman Caupp if he would like to remove his motion.
Councilman Caupp removed his motion and Vice President Miller removed his second.
Councilwoman Mills asked if any of the lots were buildable. Mr. Lewis thought two of the lots
were buildable since they have 50’ of road frontage. Councilwoman Felton noted the property at
830 East Church has 47’ of road frontage; another lot with 47’ of road frontage was just
approved. Regarding Motion 1, Mr. Percival thought the Richardson’s planned to combine the
lots and build a home on them since they own the adjacent property. He did not know the plans
for the other two lots. Councilwoman Felton thought the Richardson’s owned the house next
door. Mr. Percival believed that was the case. Mr. Lewis thought the Richardson’s were going
to tear down the current house and build one house on the three lots. Mr. Percival said that was
also his understanding. Councilwoman Felton asked if that was the house they had trouble with
that had a hole in the ground. Mr. Lewis asked if she was referring to the property that used to
have a creek running through it. Mr. Percival said no; that property is located on E. Third Street;
this lot is located on E. Church Street.
M40000200080014800, ALSO KNOWN AS 830 EAST CHURCH STREET, AND
Nays: None
motion carried.
Nays: None
motion carried.
Mr. Lewis said if Council desires, they could pull the last two motions so Council can give him
guidance on how they would like to approach them. President Propes noted Council has some
consternation on Motion 2 and Motion 3 because they are going to someone who does not own
an adjacent lot and has no real interest in the property other than for investment purposes.
Mr. Lewis said that was his understanding. He recommended the last two motions be pulled so
Council can discuss them at a work session prior to the next meeting. Council can then provide
guidance on how they would like to handle them. Council agreed.
the orange barrels downtown are gone and he thought the newly planted trees looked great. He
welcomed Edward Jones to The Crossings of Xenia. Xenia China Inn will be relocating but they
do not know when. Mr. Percival said the permit was signed today so they should be opening any
time. Councilman Louderback asked everyone to support our fall Xenia sports teams. The
Xenia High School football team got off to a little bit of a slow start, but he looks forward to
great things tomorrow night.
Councilman Caupp encouraged everyone to attend Old Fashioned Days next weekend at
Shawnee Park. This Saturday, September 12th, is the 18th Annual Rusty's Ride that leaves from
Buckminn’s Harley-Davidson. The ride is sponsored by Xenia H.O.G. All the proceeds will go
to the Greene County Combined Health District to bring holiday joy to needy kids in memory of
Buckminn's employee Russell "Rusty" Shearer. Registration begins at 11 a.m. and the last bike
out is at 1 p.m. The cost is $20 per rider and $5 per passenger. There will be free Rusty's Ride
bandanas to the first 150 registered riders. The registration fee also includes a hog roast by Little
Miami River Catering that begins at 2:30 p.m. The ride is approximately 70 miles. All makes of
motorcycles are welcome.
Councilwoman Mills reminded everyone about Old Fashioned Days next weekend. During that
event, there will also be activities downtown Saturday morning, such as tractor pulls, music,
sidewalks sales, and a shuttle ride from downtown to Shawnee Park. In thinking about the
basketball program, she truly believes that strong schools and strong cities go hand-in-hand.
When members of the school system step forward to help the youth of this city, it is a great
accomplishment and something we need to use as an example for all of us to step up to the plate
to help the youth. Of the seven school districts in Greene County, three received a School of
Excellence rating, two received Excellent with Distinction ratings, and two received Continuous
Improvement ratings. It is basically an A, B, C, D, and F report card. All Greene County
schools are in the A, B, and C category. Xenia was rated a School of Excellence, which is quite
an accomplishment. People sometimes criticize Xenia as being a “big city school.” She wanted
to take the time to say “Good job kids, staff, and everyone involved in education.” Xenia schools
are not behind; they are moving right up the ladder. She wanted to congratulate all the Greene
County schools.
Mayor Pennewitt said she attended a meeting Tuesday evening at the Wright-Patterson Air Force
Base Museum celebrating the Israel-Dayton Pact. This agreement sealed a long-term technology
exchange and business development relationship with the Dayton region. This was indeed a
historical moment! For additional information, please read the article “Israel, Dayton Signs
Pact” in today’s Dayton Daily Newspaper. They have been working on the plan for at least a
year. It was certainly a worldly event and she was pleased to be a part of it.
Vice President Miller thanked the Xenia K-Mart for reinvesting in their neighborhood and
customers by repaving their parking lot, improving their curbs, and remodeling part of their
building inside. Their new handicap ramp is now 35’ or 40’ wide and meets OSHA standards.
Councilwoman Felton said she did not think President Obama listens to her, but she listens to
him. His speech last night was the biggest bunch of double-talk she has ever heard about
healthcare. She does not understand how they will cut the fraud out of Medicare and spend $1
trillion dollars to pay for the new healthcare program. She does not understand why small
businesses should have to pay for healthcare if they have a certain number of employees but
Congress is not willing to take the same plan. Congress and all their staff will still have their
executive healthcare plan. Let’s get real. Have they not been listening to people about what we
need? She does not mind helping people, but the middle class cannot go broke helping
everybody else. If you strip the rich, then you will cut the businesses and there are not going to
be any jobs. They are not thinking clearly. She does not have an answer, but she knows we have
a problem and they need to do something.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
September 24, 2009
Special Session
5:30 p.m.
The Xenia City Council met in a Special Session on September 24, 2009, at 5:30 p.m., in the
City Council Chambers, City Hall, with the following members present: John Caupp (arrived at
5:37 p.m.), Dale Louderback, Jeanne Mills, Patricia L. Felton, Phyllis A. Pennewitt, and Dennis
R. Propes.
Six-Month Review of Implemented Utility Billing Changes: Mr. Bazelak noted Council was
provided a six-month update on the utility billing changes made at the end of 2008 and the
beginning of 2009. Specific changes include:
1. Requiring tenants to provide a copy of a lease and owners to provide proof of ownership to
establish service.
2. Sending unpaid finals to a collection agency before the owner is responsible for the bill.
3. Allowing landlords on-line access to their utility accounts.
4. Sending unpaid finals prior to 1/1/2009 to the Greene County Auditor for property tax
assessment.
To date, all that they have implemented has had minimal success, which is why he would like to
have a discussion this evening. Based on the collection agency’s presentation, they had hoped to
collect 40% of unpaid utility bills. However, due to the economic downturn, the collection
agency has had limited results (18.46% of accounts submitted to collection were paid through
August 2009). There have been a limited number of continued service customers found due to
the sign-in process. For all the work involved for the Utility Billing Office, they are not seeing a
drastic impact on the ability to collect unpaid finals.
The economic downturn has also resulted in increased counter traffic and phone calls related to
delinquent accounts and service requests. Ms. Steck, Mr. Duke, and he discussed where they
should go from here and came up with two options:
Option #1: Proposal for adding a deposit and a staff member option. A $150.00 deposit
would be applicable only to properties with water service and only for service not provided in the
owner’s name. This deposit would cover the majority of delinquent final bills. The deposit
would need to be paid when the tenant signs up for service at the Utility Office. To continue to
provide our current services and to collect and manage a deposit system, additional staff will be
required. This additional staff person would primarily be required in order to implement a
deposit and continue our current collection efforts, as well as field phone calls. Knowing where
we stand from an economic and hiring standpoint, they understand it would be a difficult
situation to hire somebody at this point. However, the revenue source is through water and
sewer rates, which is different than what they discussed with our governmental type operations.
The cost to hire someone would be approximately a $.04 increase per 100 cubic feet in the
combined water/sewer rate, which equates to about $6 or $7 per year for an average consumer.
Option #2: Proposal for changing to service only in the property owner’s name. This option
would save staff significant time by reducing the sign-ins and sign-outs, reduce the time spent on
processing finals each month, and a number of other benefits [as noted in the staff report].
Staff would like to know how Council would like to proceed before bringing forth some
potential legislation. He noted Diana Steck, Accounts Receivable Manager, was also available
for questions.
President Propes entertained comments or questions.
Councilman Louderback asked if the increased traffic was due to people signing up for service or
if it was due to collections. Mr. Bazelak thought the increased counter traffic was due to the
sign-in process. Ms. Steck’s workload has increased due to monitoring the collection agency.
The increased counter traffic is two-fold. Sign-ins have increased and the current economic
situation has exacerbated the number of delinquent accounts resulting in increased counter traffic
and phone calls.
Councilman Louderback said he was not in favor of either option. (1) We certainly cannot hire
somebody when we just laid off 12 city employees. (2) We go back to the old property rights
issue that we went over six months ago. His suggestion would be to fire the collection agency if
they can only collect 18% of delinquent accounts. When staff did the presentation, Council was
told the collection agency would collect 40% to 50% of delinquent accounts. Mr. Bazelak said
that was correct. Councilman Louderback said something is wrong there – fire them. (3) The
City Charter says after 90 days our Law Department will collect the debt. Let’s utilize them, and
the additional staff person could be used in the collection of debt. Council was told staff would
be cross trained. To his knowledge, that has not been done.
Mr. Bazelak said they have done some cross training. Unfortunately, one of the employees who
is retiring has been cross trained. Cross training is really not the issue with regard to what they
are dealing with; obviously, that would help. There are some barrier issues with regard to the
office to be able to say they have seven or eight clerks that can deal with particular issues in each
department as the busy times in each office take place. Cross training is a goal they have for all
employees so staff can help as much as possible during busy times in each office. Regarding
firing the collection agency, when the contract was initiated, they pay for a certain number of
accounts. Firing the collection agency at this point would really have no effect. The collection
agency agreed to pay the City a certain amount up to what we paid. If the collection agency does
not collect the amount the City paid them, they will have to pay the City the difference. The
collection agency is saying they normally would expect to collect 40%. However, given the
economic downturn, 40% is unrealistic for the City of Xenia and their other clients.
Councilman Louderback asked if they ever had the Law Department collect the debt, as per the
City Charter. Mr. Bazelak said they had the Law Department take a look at some of the accounts
in Wilberforce where the City does not have the ability to shut-off the water and they have been
able to get judgments in Court. Councilman Louderback said he heard a rumor that in the past
the Law Director is very good at collecting debt. Mr. Bazelak said he could talk to the Law
Director, but during their last conversation he was not aware that the Law Director wanted to be
in the business of collection of utility bills. Councilman Louderback asked if the City Charter
did not say that after 90 days our Law Department will collect the debt. Mr. Bazelak said yes, it
does say that, and they have previously gone over what the City Charter said. City Ordinance
also says the City will collect delinquent accounts from the property owner, which he thought
was an issue Councilman Louderback had, because ultimately that responsibility is the property
owner’s. He asked if Councilman Louderback would desire staff to go after the property owner
rather than trying to track down tenants.
Councilman Louderback said Section 9.19 does not say anything about the property owner.
Section 9.19 COLLECTION OF DEBT, reads, “All debts owed to the City for services provided
shall be collected in a timely manner. All uncollected debts exceeding ninety (90) days shall be
submitted to the Law Director for collection or other appropriate action.” He clarified those
debts are now being sent to a collection agency. Mr. Bazelak said that was correct. Councilman
Louderback asked why those debts could not be sent to the Law Department. Mr. Bazelak said
he could if the Law Director wanted to go that route. Councilman Louderback noted
Mr. Bazelak mentioned it is a property right. It is not a property right. Mr. Bazelak said he
stated that the property owner is ultimately responsible for the debt and Council made that
determination. In theory, if the Law Director was going to go after somebody and agreed to go
after delinquent utility accounts, he felt he would be required to go after the property owner. If
he wanted to he could try to track down the tenants if that is something that he would like the
Law Department to get into. If Councilman Louderback and [the majority of] Council desire
that, he will discuss it with the Law Director to see if he wants his staff to spend time tracking
down tenants to collect the unpaid bills just like the collection agency is doing.
Councilman Louderback asked if Mr. Bazelak was stating they needed an extra person.
Mr. Bazelak said he was not saying that; he is opening it up for discussion. Councilman
Louderback asked if that was one of the two proposals. Mr. Bazelak said one of the two
proposals is to hire an additional person in the Utility Billing Office and to also implement
requiring a $150 deposit. Councilman Louderback clarified there were seven full-time and one
part-time person working in the Utility Billing and Income Tax Office. Mr. Bazelak said that
was correct. Councilman Louderback asked why the part-time person could not help the Law
Department with debt collection. The Law Department has had a very successful rate of doing
that. Mr. Bazelak said currently the part-time person is basically dealing with income tax issues
only during the busy income tax season. Councilman Louderback said therein lays the problem.
If they had done cross-training, people from the Utility Department could help with income tax
and during the slow season for income tax, that person could help with utility billing.
Mr. Bazelak said they do that as much as they possibly can; however, there are some times when
both offices are busy. Therefore, the ability to move back and forth is somewhat limited. When
they have a busy tax season or a busy time in the utility season, they can train people to move
around to help out in the office.
Councilman Louderback said with nine people laid off, the tax payers would go wild if someone
new was hired. Mr. Bazelak said he understood that, which is why they brought the suggestion
before Council. But there also needs to be an understanding that they are providing additional
services that they determined to do last year. The economic situation has caused some hardship
in the office and they will continue to have these situations going forward, which is why he
wanted to discuss it tonight. There needs to be some realization from Council and the public that
“you get what you pay for.” They will provide some level of service based on the revenue
streams they have. If Council decides the City cannot afford to hire the additional personnel, or
in this particular case they are not willing to increase the water/sewer rate to cover the additional
cost, then there will be a reduction in services. The question becomes what service level to
reduce. One proposal was to put the bill in the property owner’s name. If that is not what
Council wants, they can certainly try to look at something else that would have the same impact.
At this point, they are not aware of anything.
Councilman Louderback said his proposal is to fire the collection agency, turn it over to Law
Department like the City Charter says, and if we have to charge a deposit, that may be something
else they need to discuss.
President Propes said he agreed with Mr. Bazelak’s position regarding firing the collection
agency. The agency agreed to make up the difference from what we pay and we already have a
contract with this agency, and the Charter says all uncollected debts exceeding 90 days shall be
submitted to the Law Director for collection or other appropriate action—a collection agency
would be other appropriate action. He did not think they were straying from the Charter at all.
He did not have a problem with continuing to use the collection agency at least for the remainder
of the contract. Obviously, given their performance, they should evaluate that contract when it
comes due because we are not getting the service anticipated. He then entertained further
questions or comments.
Councilwoman Felton said she knows what the Charter says, but you can’t hire somebody in the
Law Department because that money comes out of the General Fund; the position would have to
come under Utility Billing, and that means raising the rates, which we can’t do. With the
workload the Utility Billing Office has, she asked what they can do to ‘juggle’ their hours. The
City Garage is shutting down an hour a day in order to facilitate some things, such as getting
paperwork done, which along with phone calls, is where most of the work is. She asked if staff
could change shifts by half an hour or an hour or if that person could be pulled off the phone in
order to make the workload less stressful.
Ms. Steck said they already made some of those changes. They do not open the customer service
window until 9 a.m., but customers continue to come to the window at 5 p.m. Staff then has to
put the cash register away and get everything finalized for the day. Staff hours have already
been changed to 8:15 a.m. to 5:15 p.m. so they do not have to pay overtime. Councilwoman
Felton suggested the window be closed at 4 p.m.
Councilman Caupp suggested having staff work until 6 p.m. so people will have time to pay their
utility bills after work. Ms. Steck said she would have to work from 8 a.m. until 6 p.m. daily
because a supervisor must be there. Councilman Caupp said that would not necessarily be the
case. Ms. Steck said she was willing to work on anything. They already have a lot of people
who do not like that they are not open at 8 a.m. People are up there waiting at 8 a.m., especially
on a shut-off day, and are upset that they cannot talk to someone until 9 a.m. She is willing to
look at changing hours. Part of the problem is the large number of phone calls and people at the
counter a long time asking for extensions because they have financial problems. They have
twice as many people coming to sign-in for service. If people had service in the past, they could
call staff with the new address and everything could be done over the phone. Now customers
with existing service are required to come to the office to sign-in for service thus doubling the
number of sign-ins at the counter. The process can be viewed as unfriendly to new residents who
are moving to the City from out of town. Mr. Duke had a situation with a military person who
wanted to move in over the weekend and he was told he had to come in and personally sign-in.
Ms. Steck said there are a lot of positive things about having people come in to sign-in, but it is
adding so much work that there is just not enough time. They are having problems getting the
mail and bank deposit done between the phone calls, people at the counters, and the sign-ins.
There is just so much work. They are trying to provide a certain level of service.
Councilman Caupp suggested they get creative with their staffing. One person could come in at
10 a.m. in order to keep the window open later to accommodate people after work, etc. If
Mr. Bazelak is in the building at 8 a.m., there is a supervisor here. They may not be in that
room, but there is a supervisor here. To say there is not a supervisor present is an incorrect
statement. He felt those ladies could go about their work without Ms. Steck being there.
Mr. Bazelak said that is one issue in terms of people being able to access the service beyond
5 p.m. They are saying there is a significant amount of work, of which some has been
exacerbated by the economic situation, and they do not know how long that will last. With the
additional things staff has taken on in an 8-hour day, it is making it very difficult to provide the
level of service that they would like to provide.
Councilman Caupp thought having people pay on-line must have impacted the number of people
coming in to pay their utility bills; however, nobody is bringing that up. Ms. Steck said you
would think so, but they have not seen a decrease in the number of people at the counter. The
people that are paying on-line are the people who sent their check on time. She understood what
Councilman Caupp was saying. There is a savings there but they also get calls from people
stating they cannot get on the website, asking for their password because they lost it, or having
problems with the payment. Those issues have increased the number of phone calls staff
receives.
Councilman Caupp asked if the phones went to any kind of automated phone service first.
Ms. Steck said no. President Propes said he hated automated phone service. Councilman Caupp
said President Propes may hate it, but they are a reality of the world. President Propes said they
don’t have to be. Councilman Caupp said they do when you don’t have money to pay for people
to work. President Propes said he hates that service. Councilman Caupp wondered what would
happen if they shut down the department for an afternoon. We have already said we don’t have
any money. President Propes said when he calls a business he wants to talk to a person.
Councilman Caupp said that is fine but we’ve already said we don’t have any money. President
Propes thought Councilman Caupp was talking about adjusting hours and shifting the workload
from 8 a.m. to 5 p.m. to 10 a.m. to 6 p.m. so nothing would change in the workload, just the
hours worked. Councilwoman Felton said she was not suggesting that for everybody.
Councilman Caupp suggested they shorten the hours the window is open. We’ve all said we
have no money. Until the citizens start feeling the cut in services, they will not wake up and pay
the bills. Maybe if that window is not open for three hours in the morning because staff has to
do the administrative duties, those citizens would start feeling the pinch and cuts and will
actually see that they are cutting stuff and that they should support passage of a levy. We have
sat there for three months and said that until people feel the crunch and the cut in services, they
are not going to pass a levy. He thought Mr. Lewis would back him up on that.
President Propes thought that was what Councilwoman Felton was suggesting. Councilwoman
Felton said her thing was with the shift. Staff can work without the window open and without
direct supervision with all the money issues throughout the day and then close the window a little
early. We all remember when banks were not open Wednesday afternoons. It is what people
perceive. Ms. Steck agreed it was an expectation.
Councilwoman Felton understood they could raise this money to hire someone in Utility Billing,
which is restricted money. More staff may be laid off in 2010, depending on what happens with
the economy. Then what happens? She is hearing about the stress level at the garage already
because of the lay-offs. Ms. Steck said that also impacts Utility Billing staff because they send
calls to the garage, but many times the call bounces back because there is nobody there to answer
the phone. Utility Billing staff is trying to provide the person with as much information as
possible. Councilwoman Felton asked if they had a radio. Ms. Steck said yes. If they cannot get
someone to answer the phone at the garage about a flood or something, they call the garage staff
on the radio. Councilwoman Felton said even if Utility Billing staff has a customer standing
there and they cannot get garage staff to answer the phone, they can call them on the radio and
then they can say they can’t answer or that they will call back in a minute. Ms. Steck said they
do that as much as possible. Staff may not know how to answer a question from a customer
about setting a commercial meter. If the person is calling about an irrigation meter, they try to
give them that information and will then send an e-mail or ask someone from the other
department to call the customer back about when the irrigation meter can be set.
Councilwoman Felton asked if everyone is using email to contact staff. Ms. Steck said they are
getting more emails, which is actually good. Councilwoman Felton asked if staff was using
emails on their Blackberries. Ms. Steck said she did not have a Blackberry, but she uses her
computer to email Mr. Quinlan, Mr. Robinson, or Mr. King all the time.
Mr. Bazelak said it sounded to him that Council was desirous of taking a look at the service level
rather than hiring an additional employee or looking at additional services to either look at
Option #2 or reducing the amount of service by closing the window longer than one hour or
some reduction in service.
Councilwoman Mills said she could not support hiring new staff. If there is a hiring freeze, it’s a
freeze for everybody. She was sorry; she does understand the workload. She agreed with splitting
the hours or closing the window longer at lunchtime. Some smaller businesses close their business
for quiet time, which may be between 10 a.m. and 2 p.m. Whenever that quiet time hits Utility
Billing, maybe they can close the window. Unfortunately, we can’t make everybody happy, but
we have to make do with what we have. She asked if it would be helpful if the on-line payment
was eliminated. Ms. Steck said no, because there is some time savings with the on-line payments.
She would also hate for there to be the perception that they are stepping back in technology. She
thought Mr. Merriman would agree with her about the vision for the City. Having the on-line
payments is really a blessing on shut-off day because they can tell people that as soon as they see
their payment pop-up, they can be put on the reconnection list versus before when the customer
had to bring in a check, etc. She would really hate to see on-line payments eliminated.
Councilwoman Mills thought Council was just brainstorming ideas with staff. Ms. Steck said that
is exactly why they wanted to have this session with Council to get ideas because she is out of
ideas. She would hate the 80 or 90 landlords to lose the on-line access for their accounts.
Since he arrived to the meeting a little late, Councilman Caupp asked if the City was not having
success with the collection agency. Mr. Bazelak said they are having very minimal success. The
agency was successful in collecting 18% of the accounts and 13% to 14% of the dollars thus far.
They have spoken with the agency and their rationale is they normally would expect to collect
40%; however, given the economic downturn, 40% is unrealistic for the City of Xenia and their
other clients. Ms. Steck agreed. The collection agency has gone from 40% to 15%. People used
to pay when threatened that their account would be sent to a collection agency. When someone
is losing their house, they don’t care if their utility billing account is being sent to a collection
agency. Unfortunately, many of the homes are owner-occupied. The Law Department did try to
get some civil judgments in Wilberforce, but civil judgments have the same problem since they
are against the person. If the person has no funds, you don’t collect. She appreciates that
Ms. Fackler did that and they have a few civil judgments, but they have received no money from
them since the civil judgment is against a person who has no money.
Councilman Louderback said he was a little confused because the staff report states [using the
Law Department for collecting delinquent accounts] was very successful. Ms. Steck stated the
staff report states making the owner responsible for dealing with the utility bills at their
properties was successful for the Wilberforce sewer only accounts. They made that change
because they could not shut off the water since they are only billed sewer charges. They had
people who just did not pay their bill. They made that change for the Wilberforce sewer only
accounts in December and they have been much more successful with getting those bills paid
since the owner is getting them now.
Councilwoman Felton said she was willing to discuss it later, given the economy and current
budget.
Mr. Bazelak said staff did some preliminary rate calculations for water and sewer rates. At this
point in time, they are looking at a little bit of an increase in water and sewer not counting this
particular issue. They are in the midst of attempting to hire someone to replace the employee
who will be retiring in the Utility Billing Office.
Councilman Louderback said he thought they had a hiring freeze. Councilwoman Felton said
they do. Councilman Louderback asked how they could hire somebody if they had a hiring
freeze. Mr. Bazelak said he was not aware of a hiring freeze, just a wage freeze. Councilwoman
Felton said they voted on a hiring freeze last year. Councilman Louderback said Council said
there was no more hiring. Mr. Bazelak asked if Councilman Louderback was saying they should
further reduce services even more by leaving that position vacant. Councilman Louderback said
yes, if there is a hiring freeze.
Councilwoman Felton said the motion said if they needed to hire someone, they had to bring it to
Council based on that position, what it was for and the need, which is what they did with the Fire
Division last year. She asked if that was the position they have been doing interviews.
Mr. Bazelak said he was talking about an employee in the Utility Billing Office that is retiring.
This is a different revenue stream than any other position. He asked how Council would like him
to proceed at this point. Councilwoman Felton stated Mr. Bazelak would have to put the request
in writing, based on what Council said in a motion they passed that has not been rescinded.
Good, bad, or indifferent, it’s on the table. Mr. Bazelak said he would do that.
Councilwoman Felton noted they had a disagreement over positions shown on the Organizational
Chart last year. They did not get it right away, then they did get it, but they really did not go
over it to discuss all those positions. That is when they approved the Deputy Fire Chief, which is
when Councilwoman Mills and another Council person indicated they did not know it was on the
flow chart. She told them all that when they are looking at budget, they must look at everything
and question it. She only has one vote. If everybody else says fine, that’s okay. After the fiasco
with the budget in the last three years, she will tear the budget from limb to limb. She was very
mad about the budget last year. She does not want to see Mickey Mouse stuff like 53290 –
Contractual Services. What does that mean? Councilman Caupp said the line item refers to
hiring consultants. Councilwoman Felton said absolutely – everybody’s got them. She gave
everyone fair warning that she will be hard-nosed this year.
Mr. Bazelak said they would put something together about a request for filling the vacancy in
Utility Billing and what they plan to do on the service level issues.
2010 Budget Update. Councilwoman Felton asked where her paperwork was. Mr. Merriman said
staff does not have any specific handouts to provide to Council. They can provide Council with a
preliminary final draft of the 2010 Operating Budget next week and a 5-Year Capital Improvement
Plan. They implemented a new input system this year that has been going fairly well. He gave
Mr. Duke and the I.T. Department credit for that. Tonight they would like to propose setting some
preliminary dates for the budget review process. Per the City Charter, staff is required to provide a
copy of the proposed Operating Budget to Council no later than October 31st. They would be
prepared to begin the review process as soon as possible thereafter in November. Obviously, it is
difficult to schedule meetings during the holiday season. They thought at least one or two budget
review work sessions could be scheduled within the next three weeks.
Councilwoman Felton asked if staff would prefer to meet on Saturday mornings. Mr. Merriman
said that would be staff’s preference.
Mr. Bazelak said they would also need to review the 5-Year Plan. A public hearing on that plan
will be scheduled for the second Council meeting in October. If Council would like to meet to
discuss the current 5-Year Plan, they will need to schedule a meeting in October before that
public hearing and some work sessions on Saturdays in November to get started on the budget
review process.
Councilwoman Felton asked how long it would take to present the 5-year plan – 1 o 1½ hours.
Mr. Merriman said they have a unique situation this year in terms of the Capital
Budget. They have done a lot of work this year in the Public Service Department to put together
a much more comprehensive approach to our utility capital process and the direction they are
heading. There is not much to report on the General Capital side because the cash flow will be
negative. He estimated it would take two hours at most to present the plan. Councilwoman
Felton and President Propes said they were wondering if that could be discussed at a work
session prior to a Council meeting. Mr. Bazelak wondered if the 5-year plan could be done on
October 8th at 5 p.m. before the XCC regular session.
After a brief discussion, Council scheduled the following work sessions:


Thursday, October 8th at 5 p.m. to discuss the 5-year plan.
Saturday, November 7th & November 14th at 9 a.m. to discuss the Operating budget.
Mr. Merriman thought the budget would be easier to dissect and discuss this year since
everything will be in one section rather than two—it is much more user friendly. They will work
together to develop a schedule for the various departments to do their presentations and get it to
Council. He then entertained further questions on the 2010 Budget Update. Councilwoman
Felton reminded Mr. Merriman there was very little time to get the budget books prepared and
given to Council. Mr. Merriman agreed.
Strategic Planning and Visioning Update. Mr. Merriman used PowerPoint to present staff’s
preliminary recommendations and ideas on strategic planning. Some weeks ago, the Finance
Director sent e-mails encapsulating how many of the leaders felt about the dire situation the City
is facing and recognizing that they have some significant challenges as they move forward. He
asked that Council view the presentation with an open mind and provide vital input at the end.
The logo Vivid History. Vibrant Future? The logo is presented as a question because they are
concerned whether or not the future of Xenia is in fact vibrant.
Time to ask some critical questions:
•
•
•
•
What are we doing right and how do we build on it?
What’s not working that must change?
What are the community’s expectations and for what services is it willing to pay?
What’s the plan for Xenia?
Mayor Pennewitt noted staff is asking these questions now but how much thought has gone into
it before the presentation. As far as expectations for services, she thought they should begin with
a survey so they will know the expectations. Mr. Merriman said that was music to his ears.
Councilwoman Felton said she was not spending any more money on a survey. Mayor
Pennewitt wondered if they could do it themselves.

Xenia faces a critical period in its history. Together we must chart a course that ensures a
vibrant future for the community. Administrative leadership believes that now is the time
to launch a strategic visioning process … and formulate a plan designed to achieve it.
Mr. Merriman said the consensus among the leadership is since they are at such a critical
juncture in the City’s history, it is imperative that they consolidate what they have done in the
past, put it to good use, collect some data now, and move forward with a plan that makes sense.
2020 VISION PLAN: FOCUSING ON A VIBRANT FUTURE
MAJOR COMPONENTS OF A VIBRANT FUTURE
• Economic Development
• Image Enhancement - both internal self-pride and how we are perceived in Greene
County and the Miami Valley
•
Quality Service Provision
•
Community Outreach. We do not do a very good job of understanding our citizen’s
expectations, desires, and concerns or helping to educate them on the challenges we have
and the opportunities.
•
Adequate Financial Resources (Levy). With the current economy, it is going to be a
very difficult adventure in trying to sustain current services beyond 2010.
•
Infrastructure Stabilization
Mr. Merriman said staff believes there are nine (9) objectives to accomplish the challenge.
I. COMMUNITY VISIONING & OUTREACH INITIATIVE
 Vision Launch Committee

Community Survey Project. The last survey was included in utility bills two years ago.
The response rate was good but the validity and reliability of the data was questioned
because a good percentage of the respondents were within a certain demographic range.
This is a key issue that will be revisited later in order to get some direction from Council.
II. ECONOMIC DEVELOPMENT STRATEGIC PLAN
 Final plan for Council presentation will be done within the next few weeks.

JEDD(Z) legislation for various locations

XEGC Funding. The TIF agreements will be expiring in the next couple of years so they
will need to find an alternative approach and find the revenue to sustain, if not grow and
enhance, XEGC.

Buxton recruitment: retail and recreation
III. GENERAL POLICY & OPERATIONS
 New residential construction requirements

Policy to allow Xenians a local community college option (Sinclair Community College)

Utility Billing ordinance/rule changes

Fire/Rescue service delivery alternatives to provide the same level of quality services we
have today with potentially less impact to the City’s budget.

Review the policy on subsidized housing

Design Guidelines Review Committee
IV. FISCAL POLICY INITIATIVES
 27th pay reserve - so that the 27th pay in 10 years does not have such a significant
impact.

General Capital funding set-aside. Currently, and what has been done for some time, is
to take the excess cash flow from a given fiscal year and transfer that into our General
Capital Fund. That works when there is a significant positive cash flow. However, as
evidenced over the last few years when the cash flow diminishes, we just don’t have the
funds available. There are significant capital needs (streets, parks, etc.) that have been
discussed many times in the past. They feel it is essential to establish a reliable,
predictable cash flow into our General Capital Operations.

New funds—police and fire, 911, court, utility deposit

Financial management information systems. They are looking at automating the
current system, which is an antiquated paper process in regard to accounts payable, which
can achieve tremendous efficiency. They are also discussing automating the payroll
system and other things of that nature to free up a lot of time in the future.
V. COMPREHENSIVE PLAN UPDATE
 Updated plan: land use, city growth management, thoroughfare/transportation. These
plans should typically be updated every ten years. Our last update was in 1996.

Economic Impact Analysis requirement for all new annexation.
VI. MARKETING/BRANDING PLAN
 Communications policy—materials, procedures for press releases, etc.

Brand Use Guidelines

On-line News Publication and utilities newsletter (which is currently being developed
in order to solicit consistent feedback)

Website Enhancement. The current website has received many positive reviews and
thousands of hits monthly.

“Gateway Entrance” Improvements
What can we do to improve the major routes into both the City and downtown, which really
helps establish a positive look and feel to the City that we are trying to encourage? A good
example is the West Main Enhancement Project Grant funding we are receiving. Although it has
been a long time coming, once it is done it will significantly improve that major gateway into the
downtown area.
VII. 5-YEAR CAPITAL IMPROVEMENT PLAN
 Infrastructure Improvement Programs: Utilities (water
stormwater), Streets, Facilities, and Parks

Update Fleet Management Program

WiFi/Broadband Development
VIII. DOWNTOWN DEVELOPMENT PROGRAM
 Tier II Grant program – which could be $400,000, if approved

Façade Loan Program
IX. 2010 BALLOT INITIATIVE
 May ballot

Campaign to begin late fall/early winter

Recommendation on type of measure to be determined
HOW DO WE BEGIN?
 Give us one year to initiate this effort …

Grant us the resources we need to begin …
system, sewer
system,

Partner with us to gain the public trust …

Help us ensure Xenia’s vibrant future!
OBJECTIVE I. COMMUNITY VISIONING & OUTREACH INITIATIVE
A. Vision Launch Committee

3F Coaching: nationally recognized local business providing strategic planning
and group facilitation services

Facilitated small groups: assessment/visioning sessions with leaders from
stakeholder groups and local citizens - (i.e., how will Xenia look in 10 years?)

Timeline: to commence in Oct. /Nov.

Product: report providing as-is and desired state assessments—basic vision
outline for Xenia

Benefits:
 Get buy-in from community leaders; accountability. 3F Coaching
would not agree to sign on to this process with us or any other client
unless we identify some measure to hold ourselves accountable to the
vision we are talking about, which we think is a really valuable and
important component.
 Better understand community expectations of local government and
what it will support
Councilwoman Felton did not think it was a matter of what local government would support—it
is a matter of what the citizens are willing to pay for to get that; there’s a difference.
Mr. Merriman agreed.
 Base information already necessary for Comprehensive Plan update $60,000 was budgeted in 2009 to undertake that process, which typically
involves focus groups and a survey process to understand what the
community thinks and feels about the community expansion.
Councilman Louderback asked if the $60,000 was to pay a consultant. Mr. Merriman said the
$60,000 was for a complete Comprehensive Plan update, which would have included
consultative services to help with that process. Councilman Louderback asked how much 3F
Coaching was charging. Mr. Merriman said he would discuss that later. Councilman
Louderback asked if the Dixon’s was 3F Coaching. Mr. Merriman said yes.
 Utilizing a local business consultant
 Build a core group of leaders/volunteers for May ’10 levy campaign

Cost: proposal due 9/28—projected <$5,000 (already in budget for Comprehensive
Plan update). They requested that 3F Coaching utilize a tiered approach at $1,000
increments to share what services they could provide.
President Propes asked if they ever consulted Wright State University’s Urban Affairs
Department. Mr. Merriman said they looked into it. Part of their concern with using area
universities is the services they provide span a much longer time (18 to 24 months) and the cost
is significantly higher than what they are looking at for this type of process. They also felt it was
important to give a local company like 3F Coaching, which is a nationally recognized company,
an opportunity to provide that local connection. President Propes said some health departments
have used graduate students from WSU’s Urban Affairs Department. Mr. Merriman said he
would discuss that in the next slide.
B. Community Survey Project:

Contractual service for community feedback survey

Methodology: TBD (phone, mail, web?)

Cost: TBD (already in budget for Comprehensive Plan update) – If they
wanted to do a phone survey of up to 400 people with all the data input and data
and statistical analysis, it would cost approximately $3,000, which was a quote
from WSU. Mr. Duke said he also contacted Cedarville University who is also
interested but they have not provided any concrete numbers on what they can do.

Timeline: Fall 2009

Benefits:
 Comprehensive assessment of community’s thoughts
 Defensible; validity and reliability
 Help provide strategy for levy campaign
 Base information already necessary for Comprehensive Plan update
Councilwoman Felton asked if they were willing to pay for this? Mr. Merriman said yes. They
will sit down with professionals from WSU or wherever, and look at what the structure for the
survey needs to be. There is a lot to be said for how the question is asked.
Councilman Caupp said if they have a 2020 plan and you are asking someone who is 75 years
old how if they want better parks – come on – let’s be realistic. Mr. Merriman felt they need to
be careful in how they ask the question and what question they ask. President Propes thought
they would first find the demographic representation. Once you get those numbers for that
population group, you would stop polling that population group and start calling the other
population groups. Mr. Merriman said that was part of the problem with the survey they did
several years ago. They had a disproportionally high number of retired people who typically
respond to surveys. Councilwoman Felton noted that’s because they pay their bills.
Mr. Merriman agreed; however, as valuable as those people are to the community, it is important
to get a cross-section of the community.
Mr. Merriman said they are asking Council to partner with them. They know this is different
than what was done in the past but they are invested and committed to this process. Their
professional recommendation is that this is the process we need to go through in order to start
down the right path. They have to engage some of these policies, make some of these changes,
and engage the folks on the streets to find out what they will support, what they are willing to do,
and what they want in their community.
Councilwoman Felton said her biggest concern is the survey. Questions can be stated to get
whatever answer you want. If you are interested in parks and recreation, you can phrase that
question to get the answer you want, which is why they need to be very careful.
Mr. Bazelak said that is why they want to do both the survey and the group in order to get
feedback to Council who will ultimately make the decisions. He talked with Mr. Percival and
Mr. Merriman and they wanted it discussed with Council tonight because they are working on an
expedited time frame in order to get this group put together, calls made, have the facilitator come
in, get the contracts, and get some product out so they can provide some feedback back to
Council so we can make some recommendations and Council can make some decisions to move
forward. He felt Mr. Merriman did an excellent job in putting this group presentation together in
a short timeframe. It is amazing the number of things they are working on that they were able to
include in the presentation. Councilman Caupp is working on the Design Review Committee;
Ms. Simpson is working on the West Main Enhancement Project; discussions have taken place
regarding different Economic Development Districts potentially in the City; projects for
downtown; an Economic Development Plan Mr. Brodsky is working on and that he and staff has
looked at. Many things are in different levels of completion that will be coming to fruition pretty
quickly and all that needs to be coalesced to come to a decision on where we go from here. They
need to know where they are going by the end of the year since the holiday season is fast
approaching. If the decision is to move forward with a levy and what services we will provide at
the beginning of the year, we want to be ready to go because that still does not give us much time
before the May ballot. There are a lot of things they need to do quickly, which is why they
wanted to get Council’s support tonight, or at least a consensus to move forward with the
community feedback initiative and survey initiative.
Councilwoman Mills asked how much all this will cost, if they will be able to get interns to help,
or if we are going to have to pay consultants. Mr. Merriman felt they need a professional to
develop the survey in order to do it right. Staff does not have the time or expertise to do an
effective survey. Staff could do the focus groups but we don’t want to lead people in a
conversation or a direction we think they need to go. We want a professional facilitator who is
objective, can lead people in the process, and document and report on it so that we are not giving
our bend to it.
Councilman Caupp asked if they could have more information on 3F Coaching. From what he
knows of the company, this project may be outside their expertise. Mr. Merriman said he also
shared that concern since 3F Coaching does more business coaching and business modeling.
Councilman Caupp said exactly. That is not what we are going for so it makes him question it.
He is willing to make a motion tonight to proceed forward with the survey or whatever, but his
question would be that he wants to make sure 3F Coaching is the right company. Mr. Merriman
said he shared Councilman Caupp’s concern, which is why 3F Coaching was asked to include
some of the things they have done in the past in their proposal to the City. He would not feel
right about even approaching 3F Coaching or moving forward with them if it did not make sense
or it would not deliver the product. Councilman Caupp thought 3F Coaching did more personal
coaching, employment coaching, etc. This is a different scope of project. Mr. Merriman said the
ultimate product they get from 3F Coaching will not be what they present in terms of a
Comprehensive Strategic Plan. Their portion will be leading that group to help identify some of
the benchmarks and what the community wants to see in ten years. Councilman Caupp thought
3F Coaching might be able to do that.
Councilman Louderback said he would be Councilwoman Felton’s ally on the budget this year
because he has learned a lot in the past 18 months. The first year he was so foggy he did not
know anything. He had a report as of December 30, 2008, regarding overtime for the Police and
Fire Divisions, which states, “This year we can make a year-end transfer from the General Fund
into the General Capital Improvement Fund in the amount of $603,000. The City transferred
$830,000 in the General Capital Improvement Fund in 2007.” Councilman Caupp brought it to
his attention that we have to do something about the overtime. Mr. Merriman said he did not
think anyone would argue with that. Councilman Louderback thought they could hire more
people for what they are paying in overtime to some Fire Division personnel. Some firefighters
are making $90,000 to $100,000. We could hire people instead of paying overtime.
Mr. Merriman did not think Councilman Louderback would find any argument from the City
Manager’s Office. We need to find a resolution. They discussed putting together a presentation
to help Council understand why we are seeing those costs and some ideas they have discussed or
employed to cut back on those costs. They could provide information in the next few weeks in
order to develop some strategies for that. It is a very complex issue and gets into the heart of the
contracts that have evolved over many years. There are challenges with federal legislation and
some things they can and cannot do in terms of the Fair Labor Standards Act. Our hands are tied
in some circumstances, but there are some things they can do. It will ultimately come back to a
service delivery issue and what Council would like to see in that realm.
Councilman Caupp said even after Mr. Duke sent out the new sheets, his numbers were really
not that far off from what he went over with Mr. Merriman and Mr. Percival. The abuse is at the
top with Captains and Lieutenants. Councilwoman Felton did not think abuse was the right
word. Councilman Caupp said absolutely! She understood Captains and Lieutenants were
making excessive money in hours. Councilman Caupp said it is abuse! Councilwoman Felton
said staff is not paid overtime unless they are called in. Councilman Caupp thought there was no
reason why somebody is making $100,000 when the base salary is $56,000. That is almost
double their salary in overtime. Councilwoman Felton said she asked how they got the call-out
list. Councilman Caupp said they have Indians making more than the Chiefs. Councilwoman
Felton said the biggest problem is that 85% of the budget is in personnel costs. We need to
discuss the issue of overtime during budget discussions. Councilman Caupp said he heard two
different scenarios. He heard that first they start with the newest fireman and call them in first.
When they don’t come in, then they call in the Captains. Someone else told him they start with
the Captains first. Councilwoman Felton said she also heard both scenarios. Councilman Caupp
asked which was correct. Councilwoman Felton said she did not know, but the point is that they
need to work on it later.
Mr. Bazelak said he and Mr. Merriman discussed that today. As part of the budget process, it
makes sense that a portion of time is set aside in one of the work sessions to discuss overtime.
Councilman Caupp said absolutely. He is willing to talk about it tonight. Mr. Bazelak said he
would prefer to have the Police and Fire Chiefs present. Councilman Caupp said he also wanted
the Public Service Supervisor present. The Public Service Supervisor was paid $24,000 in
overtime, $18,000 was paid to two supervisors, but the maintenance workers did not collect that
much in overtime. Mr. Bazelak said sometimes grants will reimburse those costs. Councilman
Caupp said he understood that, but when you look at the overtime figures, management and
supervisors are collecting the majority of overtime, and to him there is something wrong with
that. He will not drop the issue of overtime until it is addressed and corrected.
Mr. Merriman thought the first step is to allow staff to first provide information. We have
overtime for a variety of reasons, such as injury leave, sick and vacation leave. Councilman
Caupp agreed but asked if he would agree that maintenance workers, your standard firefighter,
and your standard street police officer should be collecting more of that overtime and not the
Captains, Lieutenants, and Sergeants. Mr. Merriman thought there was a lot of truth to that, but
there are some nuances because the hourly rate for a Captain would be more than a firefighter;
they are getting a higher proportion in terms of their hourly rate in terms of overtime pay.
President Propes said Council would discuss the overtime issue in a work session. He then
entertained a motion to go into Executive Session.
Councilman Caupp said he would like to make a motion that Council proceed forward with
whatever we need to proceed forward with that staff needs from Council. Mr. Merriman said if
there was general consensus from Council to move forward with exploring contractual services
to assist them with the survey and focus groups, they believe that is a process they can undertake
and have done by the end of November. Council agreed.
Motion by Councilman Caupp, seconded by Councilman Louderback, to proceed forward with
researching contractual services for the 2020 Visionary Study. Brief comment followed.
Councilwoman Felton did not feel a motion was not needed since no money was required. The
Nays: Felton
motion carried.
ADJOURNMENT: Motion by Councilwoman Mills, seconded by Councilman Caupp, to
adjourn the Special Session at 6:47 p.m. to go into Executive Session to discuss Personnel
Matters. No discussion followed. The Roll on this was the following:
Nays: Felton
motion carried.
Xenia City Council
Xenia City Council
September 24, 2009
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on September 24, 2009, at 7:17 p.m., in the
City Council Chambers, City Hall, with the following members present: William R. Miller, John
Propes.
President Propes apologized for the meeting starting late. Council had a Special Session at
5:30 p.m. and an Executive Session at 6:45 p.m.
INVOCATION: John Longland, Xenia Area Christian Men’s Fellowship, gave the invocation
after which all joined in the Pledge of Allegiance.
to approve the September 10, 2009, Regular Session minutes as written. No discussion followed.
Nays: None
motion carried.
SPECIAL PRESENTATION:
Mental Health Levy Renewal—Ms. Greta Hochstetler, Mental Health & Recovery Board
of Clark, Greene, and Madison Counties. Ms. Hochstetler said she would like to discuss the
Mental Health & Recovery Board for Greene County tonight. For over 40 years in the State of
Ohio, Mental Health & Recovery Boards have existed. They planned, funded, and evaluated
mental health and alcohol drug treatment and prevention services. The Greene County MHRB
was previously known as the ADAMAS Board. They are not the Mental Retardation and
Developmental Disabilities Board (MRDD). Last fall, both agencies had issues on the ballot.
MRDD’s levy passed, but their levy did not; therefore, their levy will be back on the ballot this
fall. The individuals they work with are different from the people served by MRDD. They work
with children, youth, adults, and senior citizens with severe depression, schizophrenia, bipolar
disorder, alcoholism, drug addiction, folks with post traumatic stress disorder, people at risk for
suicide and many others. They know mental health and addiction problems can happen in
childhood and old age and at any time in a person’s life span. People who use their services
often have trouble with daily functioning and may require medication, housing support,
employment assistance, and assistance to live successfully in the community. They are their
safety net. It is difficult for people to say, “I am someone who has an addiction or mental health
problems or my child has emotional problems.” Xenia and Greene County have been very
supportive of mental health services in the past. They help fund the Family Violence Prevention
Center, special programs through the Juvenile Courts, Family and Children First Council,
Christopher’s House, TCN Behavioral Health, Greene Leaf Therapeutic Communities to treat
offenders in jail with addictions, Housing Solutions so people can have safe and affordable
housing, and the Women’s Recovery Center. You may not know them personally, but you know
the people in the community who treat folks with mental health and addiction problems.
Renewal of the Greene County MHRB levy will mean No New Taxes for property owners. She
is asking that the people in Xenia support Issue 5, which is a renewal of 1.5 mills. They just
want to keep a good thing going. They have a great social service network and want to keep
folks living healthy in the community. The recent unprecedented state budget cuts for mental
health and recovery services has resulted in Greene County losing $1.5 million since this time
last year. Passage of the levy will not make up that deficit, so there will be service reductions,
but it will be even more devastating if the levy fails because services would have to be reduced
by 40%. Last year about 1 in 16 people received services, which equates to about 10,000 Greene
County citizens receiving supportive services. We know the need is increasing by about 120%
over the past eight years. Services for just children have doubled. More people need the
services at a time when services are shrinking because of State cuts. In tough economic times,
supportive services are in that much more of a demand. All levy dollars support Greene County
citizens. They are a multi-county board that also serves Clark and Madison County, but the levy
dollars generated in Greene County only go to Greene County families, elderly, and young
people. She shared a fact sheet and her contact information with Council.
Ms. Hochstetler said they have a levy kick-off lunch in the parking lot of TCN, 452 W. Market
Street on Friday, October 9th from 11 to 1:00 p.m. They will have a free cook-out and T-shirts
will be available.
Mr. Lewis said from the Law Department’s perspective, there is not one single day that passes
that they do not use a multitude of their services in the Court system, either for victims or
defendants. The services are an enormous asset to the Courts – they could not function without
the services they provide.
Councilman Louderback said he knew a lot of people use the services. He supports the renewal
levy, which he reminded everyone would be no new taxes.
Traffic Commission: Councilman Caupp said the September 21st meeting was cancelled
due to lack of agenda items. The next meeting will be held on October 5th. The City Engineer
provided XTC with updates. The biggest point of interest is the update on the Progress Center
area. Staff has been in contact with MVRPC and ODOT. The City intends to apply for
Congestion Mitigation/Air Quality (CMAQ) funds from MVRPC in fall 2009, which will allow
us to apply for traffic safety funds from ODOT in spring 2010 and hopefully do something at the
end of Hospitality Drive and the exit ramp off of U.S. 35. That area is not being forgotten. A lot
of citizens complain about the traffic congestion in that area. The City is actively pursuing
avenues to correct the issues out there but it just takes a little bit of time.
Planning & Zoning Commission: Councilwoman Felton said the September meeting
Mayors & Managers: Mayor Pennewitt said she and Mr. Percival did not attend the
September meeting.
met September 3rd . They are taking applications under the U.S. Department of Transportation
Federal Transit Administration for New Freedom Programs, which will benefit people with
disabilities. In our region, there are 196,510 people with disabilities. He hopes our staff will
pursue this program. The application deadline is October 15th. He made a public comment at the
Executive Board meeting concerning Walter Sellers Apartments. He then quoted the minutes,
which state, “Mr. Louderback explained that he has contacted Greene CATS regarding the
possibility of a transit service for a low income apartment complex in Greene County which is
located only a few minutes from an existing designated spot. He was told this would not be
feasible. Mr. Louderback stated he has not been successful with recent attempts to contact
Greene CATS to further discuss this issue. Mr. Reed, Executive Director, assured him he would
look into the matter. Mr. Spange, Executive Director of MVRPC, said he would look into the
matter.” They have not looked into the matter. He might be beating a dead horse, but he is not
giving up until he gets those people a Greene CATS stop.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said the
September BRACA meeting was cancelled due to lack of a quorum. She encouraged everyone
to participate in the Street Pole Banner Sponsorship Program. The banners are beautiful Xenia
blue and white and measure 18” x 48”. They would be displayed on the poles where the
American flags are flown and will be rotated with the flags. The banners are beautifully done
and say “Welcome to Xenia” with a historical building with a bicycle in front. Banner sponsors
can have their name displayed on the bottom of the banner. The Sponsorship Program is for
individuals, families, for-profit and non-profit groups, and businesses. They are so looking
forward to this program being a success, because it is not costing the City any money. Through
the Banner Sponsorship Program, the City gains beautiful banners to advertise and to show how
much we care about our City. In return, the sponsor will be acknowledged on the banner, the
City’s website, and the City’s Government Channel. If interested, please contact her at
(937) 673-8347 or City Hall at 101 N. Detroit Street. There is also a sponsorship application on
the City’s website. President Propes asked the application deadline. Councilwoman Mills said
the application deadline is September 30, 2009, so time is running out.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Louderback said he had a
proposal to make to Council and staff. Presently, we have nine (9) full-time and three (3) parttime people laid off and have eliminated the Parks and Recreation Department, which is much
needed in the City. They have a $3.5 million rainy day fund or what some people call a ‘cash
reserve fund’. To the tune of $480,000, they can call back the 12 laid off people, reinstitute the
Parks and Recreation Department and still have $3 million left in our rainy day fund. He made a
similar proposal July 14th of this year. He was out of town when this letter was presented in
Executive Session. His proposal is to bring back all the laid off staff, bring back the Parks and
Recreation Department, and the City would still have $3 million left in our cash reserve.
President Propes entertained further comments.
Councilman Caupp noted last weekend was Old Fashioned Days in Xenia. Councilman
Louderback took it upon himself to contact Moana King, owner of King Painting and Wendy
Parkman of Lowe’s. Gratefully Lowe’s donated all the paint, King Painting donated their labor,
and the Shawnee Park pavilion was painted before Old Fashioned Days. Councilman
Louderback took that solely upon himself to get that done, and he is to be commended for it.
Vice President Miller said today he had a brief meeting with Daniel Kirkpatrick of Wright State
University who is one of the gentlemen working with Calamityville. The ground for
Calamityville is almost broken and will be located between Xenia and Fairborn in the Bath
Township area. He thought it would be great for our community to have something in that area.
He will be meeting with them again in the next few weeks.
Emergency Resolution to obtain funding from the American Recovery and
Reinvestment Act for the Little Miami River Stream Restoration Project (Ford Road
WWTP) and an Emergency Appropriation Ordinance to offset grant funds. Mr. Merriman
respectfully requested Council pass an emergency resolution authorizing the City Manager to act
on behalf of the City of Xenia in obtaining funding from the American Recovery and
Reinvestment Act for the Little Miami River Stream Restoration Project (Ford Road WWTP).
Council is also being asked at this time to pass an emergency appropriation ordinance to place
$166,00

2009 City Council Meeting Minutes

Transcription

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