2007 City Council Meeting Minutes

Transcription

City of Xenia
City Council Meeting Minutes
Special Session
January 3, 2007
6:00 p.m.
The Xenia City Council met in a Special Session on January 3, 2007, at 6:00 p.m. in the City
Council Chambers, City Hall, with the following members present: Patricia L. Felton, Michael
D. Engle, William R. Miller, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Dr. Lee
G. Esprit, Jr.
Motion by Councilman Miller, seconded by Councilman Engle, to go into an Executive Session
to discuss the Purchase or Sale of Land. The Roll on this was the following:
Ayes: Felton, Engle, Miller, Propes, Mills, Pennewitt, and Esprit
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 the Purchase or Sale of Land.
Michelle D. Johnson, Clerk
Xenia City Council
Dr. Lee G. Esprit, Jr., President
Xenia City Council
January 6, 2007
Special Session
9:00 a.m.
The Xenia City Council met in a Special Session on January 6, 2007, at 9:05 a.m., in the City
D. Engle (arrived at 9:13 a.m.), William R. Miller, Dennis R. Propes, Jeanne Mills, Phyllis A.
Pennewitt, and Dr. Lee G. Esprit, Jr.
President Esprit asked Council members to hold their questions until each presentation has
concluded.
2007 Operating Budget: Mr. Johnson used a PowerPoint presentation to discuss this topic.
ASSUMPTIONS:
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Union and non-union wage increases at 3 percent.
Workers Compensation rates are calculated on a four-year experience and the five years prior to
the payroll year to which it applies. Therefore, the rates (as noted on the work sheets) show
almost a 30% or 40% increase due to numbers from the years 2002 through 2005. Since that
time, they made significant improvements, and in the 2007 payroll year, payable in 2008, a
reduction in the rate will be seen.
Recent utility rate increases will support needed improvements.
Classification Study will help staff address long-range staffing issues.
Maintain services levels; however, if resources become capped or limited and expenditures
continue to grow, they may need to consider a reduction in staff or services.
Manage overtime and employee absenteeism. (Mr. Johnson acknowledged Mr. Merriman’s
contributions for starting new programs to accomplish policies and allow them the ability to
manage overtime costs.)
Review each position vacancy to determine if the position can remain unfilled.
Keep a positive balance in each fund and improve budget management skills.
Expect continual fluctuation in energy and fuel costs. He noted in 2006, Mr. Gultice did a great
job in getting competitive gas prices for use in City vehicles.
Health Insurance rates will increase by only 3.5% increase, and not the previously assumed 10%
increase. This equates to a savings of $87,000.
BUDGET GOALS:
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Hold down variable operating costs and keep operating budgets lean.
Build key fund reserves while anticipating interruptions of revenues
Focus capital improvements on streets, parks, and downtown streetscape/revitalization
Continue key projects and programs including water and sewer infrastructure projects; facility
improvements; and technology improvements.
Continue efforts to manage benefit costs.
LIMITATIONS:
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Constantly changing budget information.
Tighter budgets require more daily adjustments.
Many of the Capital Improvement Plans are distributed between different funds on different lines
and there may be more than one in a given fund. It is difficult to find out the total project cost.
He plans a change for the 2008 budget to make it easier for everyone to see exactly what is in the
XCC Special Session Minutes, 01-06-07, Page 2
budget and what parts go with what programs. Many things they feel are needed require them to
develop the appropriate funding sources.
ON THE HORIZON:
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Planning and work has begun on the 2008 budget. Council input and direction will be needed.
Financial Management Polices need to be reviewed, revised, and updated. The 2008 Budget
Cycle is being drafted and should be available very soon. It will cover everything from how they
plan, what Council’s primary goals are through the Tax Budget and Capital Improvement
Planning Process to where they are today for next year.
PROCESS:
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Many large projects have tight timelines and will need action soon, but there are several formal
steps to take before Council adopts the final budget. There have already been many cuts, and a
fairly tight budget will be presented. Staff is anxious to begin working on many projects.
Mr. Johnson thanked Mark Bazelak, Becky Louderback, Ryan Duke, Michelle Fisher, and all the
Division/Department Directors and staff who helped with this year’s budget preparation process.
Municipal Court: Arch Grieve said they have a vehicle that was forfeited to the City that will
be used for on-site visits. Although the vehicle is in good shape, it needs $3,000 in repairs.
They reached an agreement to take the repairs out of Fund 363 rather than from the General
Fund. They believe their Probation Department will receive an additional $26,625 from the State
of Ohio, Department of Rehabilitation and Corrections. They have had an on-going grant from
that organization for several of years that has remained at the same level ($44,597) for a number
of years. A few times, they received a little extra money for some small capital items. With the
additional $26,625, the total will be raised to $71,222, which will necessitate adjustments to
offset that revenue. The line item impacted would be 101-1002-3295 (House Arrest Expense),
which will allow people to be released from jail and for the salary of a part-time person.
XEGC: Steve Brodsky said the City’s cost remains the same at $174,400 per the contract; like
all City Departments, they try to work within the budget. They will continue to increase their
marketing within the City. When he first began working with XEGC, the marketing budget was
$2,000; last year it was $5,000, and he increased this year to $10,000. They will utilize a webbased marketing approach, which consultants advised them to do. The new website allowed
them to do in-house maintenance and saved the City $2,000 yearly. They are currently working
with the Finance Department to save even more money this coming year. They changed some of
their investments for site development funds, which increased their return, thus allowing greater
outside income. They requested donations from local banks and utility companies this year
because those businesses directly benefit from the efforts of XEGC. Last year, he was
disappointed that they received only one donation, but they hope to do much better this year.
Councilman Miller suggested XEGC ask for a donation from local car dealerships who could
display their business name on the side of the vehicle. Mr. Brodsky thanked Councilman Miller
for the suggestion; they currently have a lease a vehicle from a local dealer.
FUND 101: Mr. Johnson entertained questions on the operating budgets for the following
Departments: City Council & General Government (Dept. 1001), City Manager’s Office (Dept.
1004), Public Affairs (Dept. 1013), Human Resources (Dept. 1005), and Volunteers (Dept. 1012).
City Council and General Government, Dept. 1001
Object Code Detail/Amount
2110
Meetings – Lodging – Registrations @ $14,000
2120
Meal Allowances @ $3,000
3320
Printing @ $2,000
4507
Minor Computer Software/Equipment @ $500
Mayor Pennewitt noted an increase of 43% under Business Meetings and Meal Allowances
increased 50%; she asked for an explanation for the increases. Mr. Bazelak said a set amount is
budgeted yearly to allow Council members to attend conferences, etc. Obviously, if some
Council members chose to or cannot attend meetings, the expenditures will be less than
budgeted. He commended Council for keeping down the cost of travel expenses for 2006.
Mayor Pennewitt noted printing costs increased almost 18% and computers increased by 75%.
She said she questions anything that reflects more than a 10% increase on the expense line.
Mr. Johnson said they do not know what the requirements and demands will be, so they estimate
the best they can.
Municipal Court, Dept. 1002
3203
Court Reporting @ $2,000
Mayor Pennewitt noted court reporting showed a 900% increase (amount budgeted in 2006 was
$50 and amount budgeted in 2007 is $2,000). She wondered why there was such an increase.
9107
Contributions – Animal Control @ $41,000
Vice President Felton noted the budget contains $41,000 for Animal Control. She spoke with
Dr. Brown who stated the amount of the contract with the City needed to be increased.
Therefore, the line item may need to be adjusted after Mr. Johnson talks with Dr. Brown.
Mr. Lewis felt Dr. Brown needed to explain why $41,000 was not enough money. Vice
President Felton agreed, which is why she advised Dr. Brown to contact the City Manager.
9102
Contributions – Health Department @ $64,000
9106
Contributions – Senior Citizens @ $10,000
9107
Contributions – Animal Control @ 41,000
Councilwoman Mills asked if the above line items were contributions or contracts. Vice
President Felton said the City has contracts with the Health Department and Animal Control;
Senior Citizens is a contribution.
City Manager, Dept. 1004
3910
Nextel ($150 per month x 12 months)
Vice President Felton asked the City Manager to provide a breakdown for the cost of
Blackberries. It appears different departments pay different costs. Mr. Johnson agreed to
provide that information at a later date.
City Manager, Dept. 1004
2120
Meal Allowance @ $200
2130
Professional Memberships @ $1,855
Mayor Pennewitt noted professional memberships shows an increase of almost 37%.
Mr. Johnson referred to the detail sheet, which shows the breakdown for line item 2130. Mayor
Pennewitt asked if the membership amounts shown were the actual costs. Mr. Johnson said the
amounts might have been rounded up by $5 to $10 to accommodate unknown membership
amount increases. Part of the overall object code increase is due to a membership renewal for
ASPA ($100), an organization to which he has been a long-time member. Previously the amount
was charged to the Human Resources Department.
Vice President Felton noted object code 3211 (Background Checks) is shown in the budget in
several places. She asked Mr. Johnson to provide the total amount of money spent on
background checks. Mr. Johnson agreed to provide that information at a later date.
Human Resources, Dept. 1005
4110
General Office Supplies @ $1,000 of which $200 is for the Employee Newsletter
Mr. Johnson noted this object code includes miscellaneous office supplies, the personnel files
(which are quite expensive due to the nature of their construction), and newsletter supplies.
Mayor Pennewitt asked if the City Manager had considered having a quarterly employee
newsletter rather than a monthly newsletter to reduce paper costs. Mr. Johnson said in the future,
the majority of employee newsletters would be sent via e-mail to those employees who have
computers with hard copies going to those who don’t have access to a computer. He felt having
a monthly newsletter was important since they may contain new rules and regulations, etc. They
are also considering posting the newsletter on the City’s Intranet.
City Manager’s Office, Dept. 1004
4299
Materials and Supplies, Misc. @ $2,500
Mayor Pennewitt noted the line item showed an increase of 669%. Mr. Johnson said this line is
used for employee recognition materials and supplies. Employees are recognized for every five
years of service. Ms. Peters calculates the number of employees to be recognized yearly. Based
on the figures, he presumed a large number of employees would be recognized in 2007.
[Mr. Johnson will further investigate this line to determine justification.]
Volunteers, Dept. 1012
4299
Awards @ $1,400
Mr. Johnson noted the budget figure for Volunteers is the same as last year.
Councilwoman Mills asked what type of awards volunteers receive. Mr. Johnson said the
awards vary from year to year. Under the Volunteer Recognition Program, volunteers receive a
“Certificate of Appreciation” and a small token such as refrigerator magnets, pens, pencils,
flashlights, bags, shirts, etc. He reminded Council that April is “Volunteer Recognition Month.”
President Esprit asked members to work off the same sheets – either the detail sheets or the
budget sheets. Councilman Miller said he was using both sheets – the budget sheets indicate the
percentage change from last year. Councilwoman Mills said she was using the detail sheets but
if more information was needed, members could use the budget sheets.
Public Affairs, Dept. 1013
3320
Printing @ $7,500 for Quarterly Newsletter
Councilwoman Mills asked for an explanation of the Quarterly Newsletter. Mr. Johnson said the
money is for a community newsletter, which was published in the past and something they would
like do again. It is critical for the City to communicate with citizens, but they have no idea if
$7,500 is adequate to cover the costs. It has been at least two years since the City published the
“City Communiqué.” If distributed via postal delivery, there are certain costs associated with
that. Having it inserted in the Xenia Gazette is less expensive, but it does not reach as many
residents. The $7,500 is seed money to get started. There is a strong indication that maintaining
communication with the public is vital.
Vice President Felton suggested they send the newsletters with the new utility bills (combine
postage). Ms. Louderback said they have discussed that as a possible means of distribution.
Mayor Pennewitt agreed it was important to have a quality annual or semi-annual newsletter to
send to other communities; they receive newsletters from other communities. The newsletter is a
nice update and a way to focus on promoting the City of Xenia.
Law and Victim/Witness (Dept. 1003): Ron Lewis said the net increase from last year is a
difference of $570. The primary changes are in the cost of on-line services because the vendor,
Westlaw, increased their rates. The Law Department’s copier lease expires this year and the
department needs an updated scanner. A new copier will include a scanner.
Law, Dept. 1003
2290
Other Travel @ $500
Mayor Pennewitt noted the line item showed a 488% increase. Mr. Lewis believed last year’s
budget included $500 for travel but he has never used it. He has been invited to attend a seminar
at the U.S. Attorney General’s Office several times. The only expense to attend is travel;
everything else is paid. He hopes to attend the conference and would like the funds to remain in
the budget. Mr. Bazelak asked Council to keep in mind that staff has the ability to transfer
money in 2000, 3000, and 4000 object code series to meet the needs in another line item in that
series to accommodate that expenditure. The line item may indicate a large percentage increase,
but that may not necessarily be the case if money was budgeted in an object code at the
beginning of the year and then transferred to another line to accommodate another expense.
Law, Dept. 1003
3114
Legal Services – Other @ $500
Vice President Felton noted only $500 was budgeted for outside attorneys. Mr. Lewis said
attorneys generally trade services (for example: if there were a conflict of interest in Fairborn, he
would go to Fairborn to hear the case and vice versa). He recently heard a case for the City of
Dayton, and the City of Dayton heard three cases for the City of Xenia last year. Luckily, the
City has not needed outside legal assistance for civil matters recently. Vice President Felton said
attorneys were hired for Labor Relations and for City Council issues in the past. She suggested
appropriating money in the budget for outside attorneys in future budgets. Mr. Lewis said the
City of Xenia has never paid for the services of an outside prosecutor because trading services
has been successful.
Councilwoman Mills said she noticed almost every department rents a copier and wondered if
leasing a copier is more feasible than purchasing one. Mr. Johnson said the cost for leasing
copiers is distributed among various departments; it is more cost effective to lease copiers.
Councilman Engle agreed it is more cost effective to lease copiers due to the high cost of repairs,
which are covered under a lease agreement.
Finance, City Clerk, Tax/Utility Billing, Information Technology: Mr. Bazelak said the City
Manager’s Office and Finance Department worked together on the budget, and the Key
Operating Funds are balanced. The rate increases recently passed by City Council will allow the
Utility Funds to cover not only their operating expenditures, but also any capital costs with
regard to debt service for some of the projects that will be discussed when they review the
Capital Budget. In terms of his department’s operating budgets, Council recently approved the
contract for outsourcing the printing and mailing of utility bills, which is the primary reason for
the increased cost in that department. The cost is paid through the recent rate structure approval.
The IT budget increased due to the maintenance agreement for the new financial software and
the network. Under the City Clerk’s Office, there was a carry-over amount for a complete
recodification that began last year and is still being worked on. He recognized Sandy Fackler
and Michelle Johnson, who both did a huge amount of work on the project. It was very laborintensive project, which also involved the City Manager’s Departments as well as they were
asked to look at codes specific to their section. Ms. Johnson gathered the information from the
individual departments, and collated the work with the contractor, American Legal, to develop
the final product. Council should see a complete recodification in the near future (the copies are
being printed now), which will be shown as a carry-over and an increased cost for 2007. He
noted Mr. Cardenas would discuss Information Technology projects.
Mr. Bazelak said there was some miscommunication with regard to the Council agenda
distributed last week. He asked for approval to add one agenda item to the January 11th Council
meeting regarding awarding the contract for the Website upgrade. The contractor is anxious to
get started. That is a reauthorized project for 2007. The other project is the new (voice override)
phone system that will result in cost savings from an operational standpoint. Mr. Cardenas gave
a presentation a year ago about the new phone system and the cost savings. Staff is not sure
when the phone system will be implemented or when the savings will be realized. Upgrades to
the audiovisual system in Council Chambers is also planned, which includes new cameras and a
new projector system. Staff will ask for reauthorization on those projects.
Councilman Miller asked if the City would eventually save money when the codified ordinances
are done because all the fees will be included in one section. Mr. Lewis said the City did not
necessarily save money this time around, but it will be much easier to read. When it is time for
updates in the future, the City will save money at that time. Mr. Bazelak agreed. He added staff
was able to do the recodification to include most of the ordinances and resolutions passed in
2006, which will reduce the amount of work for the update in 2007.
Vice President Felton asked if the ordinances would be placed on CDs or accessed via a
computer. Mr. Bazelak said eventually they will be placed on the website and will be able to be
indexed and accessed by citizens, vendors, builders, etc. Once the recodification is received in
hard copy format, the software will be purchased to allow that access; the website will be
upgraded at the same time. Vice President Felton said that was not exactly what she wanted.
She asked if she would be able to easily search by title, as Ms. Johnson does now, rather than
using the books. Mr. Cardenas said the CDs would contain a search program and could be
loaded onto the computer. Vice President Felton said she did not want to load the CD onto her
computer because it would take up too much space. Mr. Cardenas said she could access the
information directly from the CD, but it is not the most efficient way to do it.
Capital Fund 361 – Information Technology, Dept. 1010
5304
Office Machines
Councilman Propes said it appears different prices were obtained for the same computer
(reference Pg. 5 of 5 on the Detail Sheets). Mr. Cardenas said those line items are departmental
requests and the prices are based on compilations, which vary depending on department needs.
Mr. Bazelak added many of the computers come with prepackaged software applications. The
software needed by each department will vary, which accounts for the different prices.
Mr. Cardenas noted the laptop computer is more expensive.
Regarding the Website upgrade, Mr. Cardenas said he and his staff are not designers, which is
why they sought outside bids to design and upgrade the website. They encountered the website
as not only an IT project but also a marketing project. The specifications were written to give
key City employees the ability to update their information on the website. Bids were received
from several companies including two companies that are actually marketing companies with
website development capabilities. A comprehensive study was not done on how the website
should look, and he will ask the vendor to do another presentation on that to include a “brand”
assessment. Staff feels both companies can do the work, but there is a large difference in their
prices. They will recommend to Council on Thursday which contractor to do the job.
Councilman Miller asked if XEGC could benefit from the vendor having them update their
website. Mr. Bazelak said the firm they are recommending is the same firm that did the updates
to XEGC’s website. Mr. Cardenas said Mr. Brodsky was involved in choosing the vendor.
Councilman Miller thought using the same vendor would allow for continuity.
Mr. Cardenas said phone system bids went out and eleven bids were received. The prices range
from $140,000 to $270,000. The prices were over budget for various reasons. With the help of a
consultant, they went to every department, got a wish list, and the wish lists were incorporated in
the RFP, which resulted in higher bids. Once a vendor is chosen, they will review and possibly
modify the “wish lists”, negotiate—and hopefully—reduce the price. Staff hoped to spend only
$100,000 for the new phone system.
Mr. Bazelak said the reauthorized amount for the phone system is included in the temporary
budget ordinance for $191,500. At they go through the process, they will streamline the
requirements of the phone system, have demonstrations, and then make a decision on how to
proceed. He wanted to inform Council what is included in the budget for the reauthorized capital
project, which is significantly more than projected. Reauthorizations are usually simply moving
the money from one year to the next year. A price was moved; however, the price is
significantly higher. The project is not only beneficial from a financial standpoint, but will
hopefully improve productivity; the City does not have voice mail. The City Manager has been
working on procedures for utilizing voice mail to ensure the phones are answered and voice mail
is used as a last resort. The savings from this project would provide a positive return on
investment. The first phase of the project was the network upgrade done last year. Overall, there
will be a savings and reduction in the number of phone lines from 180 to 50. Mr. Bazelak said
there would be approximately $70,000 in savings yearly once this project is completed. The
savings will be somewhat mitigated due to the cost of installation and the maintenance
agreement, but it is still a significant savings to the City.
Mr. Cardenas said the audiovisual equipment upgrade for the Council Chambers would include
the replacement of the two cameras, adding one additional camera, and a better projector. The
three cameras are robotic and there will be a controller in the audiovisual room. The sound
system will be upgraded at the same time to include new microphones. The upgrades will
include a DVR, which allows the recording of meetings in digital format, and copying that onto
CD’s, the website, etc. All the upgrades are included in the $20,000 requested with an additional
$10,000 for the sound system.
Fund 101 – Income Tax, Dept. 1007
3510
Rental – Land & Buildings P.O. Box 490 @ $304
3590
Rental –P.O. Box 490 – Jan. $220 #901 @ $400
Councilwoman Mills noted on the detail sheets, page 2 of 5 shows $340 and page 3 of 5 shows
$400. She asked for an explanation. After a brief discussion, it was decided that the wording
citing the P.O. Box in Object Code 3510 should be deleted—3510 is for rental of a storage
building unit and 3590 is for rental of a post office box.
Councilman Miller asked if wireless networking would be included in the upgrades. He offered
to bring in his own computer for Council meetings, since he has a wireless card and could
connect to the network, so staff would not have to set up a computer for him for the meetings.
Mr. Cardenas said they discourage people from bringing in their own computers because viruses
could be introduced and infect the City’s network system
Mayor Pennewitt said since they are discussing upgrades to the Council Chambers, she
suggested the City consider redesigning the Chambers; having two exits may not allow all
Council members to safely exit if there were a fire. The third exit is blocked. She suggested
repositioning the counter so all members could more easily exit.
Mr. Bazelak said with the software upgrade, the City is considering installing new software that
would allow employees to have their payroll checks directly deposited. The new software would
also allow residents to prepare their City income tax on-line; however, filing on line would not
be possible at this time. Eventually they hope to allow utility payments to be made on-line.
Staff hopes to see that come to fruition this year. He commended Ed Cardenas, Diana Steck,
Becky Louderback, and their staff for their contributions in working through the project. There
is a lot yet to finish, but staff has been very dedicated.
Mayor Pennewitt commended Mr. Cardenas for being a great help with her computer problems.
Ms. Louderback has also been helpful. Ms. Johnson always goes beyond what is expected of her
when she asks her for information. President Esprit said “ditto.”
Township/Village/City Schedule of Meetings. Mr. Lewis distributed schedules to all those
present. There will be other meetings this month if members cannot attend meetings in the
upcoming week. The more important meeting to attend would be Tuesday, January 9th, which
includes all Greene County Township Trustees. The meeting will be held at the Xenia Township
Building, which generally has good attendance. The Resolution Council will try to pass today is
not what will be circulated to the Townships. There was discussion about presenting a letter for
signatures and/or providing a sample Resolution for passage.
Mayor Pennewitt felt something should be made available to President Flake of Wilberforce
University because he is willing to sign a Resolution. Mr. Lewis said that could be made
available. Mayor Pennewitt said she would contact President Flake. Mr. Lewis said one
document would be prepared for the Presidents of Antioch University, Cedarville University,
Wilberforce University, and Central State University.
Vice President Felton said Barb Zajbel was willing to contact businesses thru the Chamber of
Commerce. She asked to whom the data should be directed. Mr. Johnson said the information
can be sent to either himself or Mr. Merriman.
Councilman Miller said some people may think it would not be beneficial to attend the
Beavercreek City Council meeting, but he felt Mayor Pennewitt and/or President Esprit should
attend. If Beavercreek City Council does not want to support the Resolution, let them inform
their citizens in a public forum. Mr. Bazelak said most likely Beavercreek City Council would
not give a response, but would offer to consider the Resolution. Councilwoman Mills said
Beavercreek City Council could be asked to consider supporting the Resolution during audience
break.
President Esprit asked Council to take a break at 10:50 a.m. The Special Session reconvened at
11:02 a.m., with the same members present.
Mr. Lewis distributed a Resolution in support of keeping Greene Memorial Hospital in Xenia.
Fire/E.M.S, Fire Capital, Insurance Deposit Trust:
Fund 901 – Safety/Fire, Dept. 1225
3208
Demolition @ $10,000
Chief Leaming said this is a small contingency fund for immediate needs. Fortunately, they have
not had to utilize these funds because normally the homeowner pays for the demolition. They
may have to use some of the funds for the recent Taylor Street fire, because the gentleman stated
he did not have the funds to demolish the building. The Street Department staff knocked down
the structure because it was ready to fall down and it was unsafe for children to be around. The
361 fund is for capital improvements. He entertained questions from Council.
2110
Business Meetings, Lodging, Registrations @ $25,240
Mayor Pennewitt asked Chief Leaming to explain the cost of training, which increased almost
198%. Chief Leaming said the Paramedic Refresher classes caused some of the increase. Every
three years they have offered Paramedic Refresher classes. Division employees are mandated to
have a certain number of Paramedic Refresher classes, and this is their year to catch up. Some of
the cost will be offset by a $3,500 grant received in 2006 from the State of Ohio and must be
expended by July of next year.
President Esprit reminded Council they were to allow the speaker to finish their presentation and
then ask questions.
Chief Leaming said the City Manager challenged the Fire Division to show very little increase in
their budget. The line operating budget increases are very small. As Mayor Pennewitt pointed
out, object code 2110 did increase, but for the most part, they remained at the 2006 level.
Electrical and other energy items were increased due to rising costs. Chief Leaming entertained
questions on Fund 101, General Operating Expenses.
2130
BOCA Membership @ $140
4140
BOCA Code Updates @ $90
Vice President Felton asked if the BOCA membership was a City membership. Chief Leaming
said the Fire Division retains a BOCA membership so they can purchase their code materials. It
is not an individual membership but a division membership. Vice President Felton asked if
Property Maintenance had to have a separate membership. Chief Leaming said they could
purchase a membership for Property Maintenance through their membership. He was not sure
Property Maintenance was included. Vice President Felton understood Property Maintenance
did not have a BOCA membership. Chief Leaming said anyone can purchase the BOCA
materials; however, they may not receive the discount afforded to the Fire Division. Vice
President Felton noted the new BOCA regulations have not been approved and should be
brought back to Council for discussion.
3743
Building – Repair Heating & Air Conditioning @ $5,300
Vice President Felton said she understood the HVAC was replaced at Fire Station #2 and the
HVAC replacement for Fire Station #1 is shown under the Capital Improvement Funds. Chief
Leaming said that was correct. The $5,300 is there for contingency. They use direct services as
their contractual agent for repairs and it has been a line item they maintain for emergencies.
They hope the funds are not needed.
3745
Building – Roofing Repair @ $4,500
Mayor Pennewitt said the line item for Roof Repair increased 144%. Chief Leaming said some
funds were placed in the budget for repairing the roof at Fire Station #1, but they are still
concerned the rubber membrane will fail. The roof is 20 years old; they have patched the roof,
but should it fail, they will have a large expenditure. Last year when they had it estimated, they
had a $50,000 occurrence to replace it. They will be located at Fire Station #1 for quite some
time. The edges on the roof are torn and ripping away. The contractor moved the gravel on top
of the membrane and patched the roof last year, which may extend its life for 7 – 8 years.
Councilman Miller asked the age of the roof. Chief Leaming said the roof was replaced in the
80’s, and the contractor felt the roof should have a 20-25 year life span. Councilman Miller felt
roof repairs should be included in the budget within the next two years. Chief Leaming agreed.
Mayor Pennewitt asked if renovations were completed for Fire Station #1. Chief Leaming said
the exterior renovations are done. They are in the process of renovating the bathroom and
exercise area, and they are 90% done. As time allows, staff is completing the remaining interior
renovations. The City Manager has asked that they move ahead with having an open house.
Fund 361– Safety/Fire, Dept. 1225
5305
Plant Equipment - Washer Extractor @ $12,500
Councilwoman Mills asked Chief Leaming to explain the purpose of a washer extractor. Chief
Leaming said it is a heavy-duty commercial washer extractor. Turnout gear cannot be washed in
a regular washer because the gear is too heavy. Extracting hydrocarbons and bloodborne
pathogens refreshens the gear and helps extend the life. After every fire (about 20 to 30 times a
year), he gathers the turnout gear and drives the gear to Springfield to be cleaned.
Councilwoman Mills asked Chief Leaming to estimate what it presently costs to have the gear
driven to Springfield and to pay someone to wash it. Chief Leaming said he did not have the
exact figures, but offered to provide that information to Council at a later date.
5252
Completion of Station #1 Renovations @ $45,000
Councilman Propes noted Chief Leaming stated the renovations are 90% complete; he asked
how the $45,000 will be used. Chief Leaming said the training area in the back, the front office,
and the dayroom need to be completed. The major expense will be for heating and air
conditioning in the older section. The 1960 boiler has become very expensive to operate and
maintain and does not provide adequate heating or ventilation. They attempted to clean the black
mold that developed in the ductwork. During renovations, it was suggested they install forced
air units on both sides of the building. This will be for new renovation. ADA recommends the
large open dormitory bunk style rooms be renovated to individual sleeping quarters, thus
allowing 24-hour employees to have their own room. Many staff has sleep disorders that affects
others trying to rest.
5341
Fire Act Grant (Breathing Apparatus) @ $210,000
Vice President Felton said the Fire Act Grant is a Federal grant for Firefighter equipment and
asked how the grant would be. Chief Leaming said they would not know until June 2007, but if
they receive the grant, there is a 10% buy-in. They would receive $189,000. Vice President
Felton suggested Chief Leaming state that information next year when preparing the
department’s budget. Chief Leaming said that was not done in the past, but agreed the
information should be shown.
Vice President Felton asked if the report she requested was done. Chief Leaming said the City
Manager had the report. Mr. Johnson said the report should be distributed this week. Vice
President Felton said she forgot to ask how much the City saved by using staff to do the
renovations. Chief Leaming said that information was included in the report. There was a
savings of approximately $60,000 (based on $50 sq. ft.) by having staff do some of the work at
Fire Station #1; $55,000 was expended for materials, etc. They did not keep an accurate account
of how much time staff spent on the renovations while on duty. He felt they did quite well for
the amount of money budgeted and what was accomplished. Staff did a remarkable job.
5304
Office Machines & Equipment @ $17,000 (presentation equipment $10,000 and
computer hardware $7,000)
Mayor Pennewitt said the line item increased 240% and asked what the $17,000 would be used
to purchase. Chief Leaming said $7,000 would be used to purchase presentation equipment
(MP250 Smart Lectern), which would be used in the training area. It is a podium that contains a
built in computer. One can write on the computer screen and the image is projected to the
screen. They are allowing technology to improve their training abilities, as well as any City
department who would like to use it. The $10,000 [computer hardware – two Explorer tablets] is
an annual fee for updating their computers.
Councilman Miller noted FEMA offers a free software package for training with an interactive
software base. A grant was given to a software company to develop a software program for fire
safety. Chief Leaming said his department utilizes a lot of that technology provided through the
National Fire Academy, and they also purchase some software. The National Fire Academy is
funded through FEMA, and they have the software to which Councilman Miller referred.
Different scenarios can be reenacted (residential structure or commercial building), and staff
actually use different tactics electronically to mitigate the situation.
5403
Motor Vehicles – Fire Truck @ $241,000
(Replace Medic 32 @ $181,000 & Replace Staff Vehicles 2 @ $30,000)
Vice President Felton said she understood from Chief Leaming the old medic 32 was sold; the
department has two good ones and one that needs to be replaced. She asked if the Fire Division
is planning to finance the new medic vehicle. Chief Leaming said that was the plan (refer to
Detail Sheet page 1 of 1, under 361-1225-6181 “Principal Leases”). Mr. Bazelak said Finance
always does a financial analysis and looks at the rates available at time of delivery. Then they
look at the budget and decide whether to finance or do a cash purchase.
Vice President Felton stated she knew there were two staff vehicles; she realized the yellow 1987
vehicle was worn out. Chief Leaming said City staff is using the old yellow truck for such things
as planting flowerbeds, etc. Vice President Felton asked what type of staff vehicles would be
purchased. Chief Leaming said more than likely they would purchase one truck and one SUV,
such as the Tahoe he presently drives. Vice President Felton felt purchasing an SUV was too
expensive, and they should shop for a less expensive vehicle.
Councilwoman Mills noted one medic unit would be paid off in 2007. She asked if the Fire
Division is considering leasing another medic unit so vehicles can continually be updated. Chief
Leaming said that most likely would be the case, but he does not make that decision.
Police, Communications: Capt. Dan Donahue said they have not added anything to the
Operating Funds and reduced the jail budget by $15,000. They have been fortunate that no
major medical bills have been paid from jail funds over the last few years.
Fund 101– Police, Dept. 1221
4237
Pistols, Weapons, Ammo, Badges @ $11,300 of which $8,000 is for ammunition.
Vice President Felton noted $8,000 was allocated for ammunition in 2007 and wondered what
was spent last year. Capt. Donahue thought they spent around $11,000 in 2006. The reasons the
cost should be lower this year are (1) they purchased enough ammunition already that should be
sufficient for at least 6 months into 2007, and (2) ammunition costs rose last year when new
patrol rifles were purchased and new ammunition was needed. He felt the $8,000 was a realistic
projection, but if more dollars were needed, they would have to adjust the budget accordingly.
2110
Business Meetings, Lodging, Registrations @ $11,500
Mayor Pennewitt noted this line item increased by 187%. Capt. Donahue said the Chief and one
Captain attend one OACP Conference yearly at an Ohio park, so they generally drive to it. The
GEAC Users Conference is held yearly in Tampa, Florida. GEAC is their software provider for
records management, etc., on which their entire system relies. It is advantageous to have staff
attend that conference. Their on-site accreditation will take place in April 2007, which accounts
for most of the increase in the budget [Accreditation Seminars 6 @ $750 = $4,500]; the Chief of
Police, the Accreditation Manager and several other staff attend the conference. One conference
is held in Colorado Springs and the other in Canada. Councilman Engle praised Capt. Donahue
for finding airline tickets at $350 each [object code 2290]. Vice President Felton said Council
policy this year is the number of meetings one could attend would not increase.
3290
Contractual Services (Booking Area Remodel) @ $5,000
Capt. Donahue said they requested money to remodel the booking area, and the costs are shown
in several places. The area has not been remodeled since 1990 and the laminate on the
countertops is breaking away, making it a dangerous area. This is the area where prisoners are
booked, but it is not conducive for doing business. Remodeling the booking area would
(1) make it safer and (2) give employees more room to work. In his opinion, it is a top priority.
Councilman Miller agreed loose laminate was unsafe.
5333
@ $63,500
Capt. Donahue said object code 5333 included the following:
•
•
•
•
•
Eleven (11) Tactical Swat Vests will replace vests that contain Zylon; 50% of the cost may be
covered by the vest grant. The vests purchased did not last the projected 5 years, and nationwide
several police officers were killed when the vests failed. Street vests were replaced this year
because of the failure of Zylon.
Two (2) new Speed Laser Units. The existing ones are very old and will be updated with the
capability to handle speed enforcement.
Three (3) In-Vehicle Video Systems. They are experimenting with a camera where most
components are built into the rear view mirror. It is digital and creates outstanding video and audio.
Twenty (20) Tasers. The Elks Lodge donated 6 Tasers, and 9 more were purchased with Law
Enforcement dollars, which brings the total number of Tasers to 15. They would like to purchase
20 more Tasers so each Police Officer would have their own.
Three (3) LED Lightbars.
5401
3 Marked Vehicles @ $24,000 each
Capt. Donahue said of the three marked vehicles to be replaced, two have over 90,000 miles.
The new vehicles will be equipped with three new light bars (one for each car). The three
remaining light bars are over 10 years old, cost more to maintain, and take more electrical power
to operate. The new light bars use significantly less electrical power.
5304
CVSA Laptop Upgrade @ $4,000
Mr. Donahue said the CVSA laptop upgrade is for their computerized voice stress analyzer,
which they have had for about 6 years. It is an excellent tool for the investigation section, and
works much like a lie detector. It measures fluctuations in the voice cords of the suspect.
Councilwoman Mills asked if the tactical SWAT vests are used by officers who are part of the
Countywide SWAT team and if grant money could be used to offset the cost. Capt. Donahue
said half the expense would be covered by federal grant money via the trade-in program. The
eleven tactical SWAT vests [under object code 5333] are strictly for Xenia Police Division
personnel.
Councilman Miller asked for more information about the new camera. Capt. Donahue said the
new camera records to a memory stick, which can be downloaded to a computer and copied to a
disk, etc.
Councilman Miller said the new LED light bars are easily seen during the day but very bright in
the evening. He asked if they had considered using a day/night switch. Capt. Donahue said the
LED light bars can be programmed to turn on as many lights as the officer feels is necessary. He
agreed the lights were very bright at night and staff have adjusted the illumination.
Councilman Miller asked if there was a grant available to purchase tasers. Capt. Donahue said
he was not aware of grants to cover the cost of tasers but would explore that possibility.
Councilman Propes felt tasers were valuable tools and wondered if 20 tasers would be enough.
Capt. Donahue said yes, if combined with the ones they already have.
5599
Improvements – Other @ $200,000
Vice President Felton asked how the $200,000 would be used. Capt. Donahue said the $200,000
would be used to replace a building on Towler Road that is used for property storage. The
present building is falling down, mold covered, not very secure, and covered with pigeon
droppings. The Chief would like to use part of the building to store the 200+ abandoned bicycles
they get every year. The building could also be used for storing large-sized evidence and storage
of seized vehicles used as evidence. Part of the money is for a new building at the new range,
which would partly come from seized drug money. The ACE Task Force worked some large
cases, and the City received funds from seized property, etc. Federal regulations dictate where
the money can be spent.
Communications: Capt. Donahue said other than carry-over Simplex charges, there were few
changes to the communications budget.
Fund 101– Communications, Dept. 1222
3290
Contract Services - Other @ $3,900 ($900 is for a Weather Center Radar Unit)
Councilwoman Mills asked for an explanation on the $900 Weather Center Radar Unit. Capt.
Donahue said that line item could be removed; it is an old weather radio. Mr. Price said the
same item should be removed from his budget [Homeland Security]. Capt. Donahue said the
same information could be gleaned from any computer.
Fund 361- Communications, Dept. 1222
5334
800 MHz Repeater for Xenia High School @ $7,500
Capt. Donahue said they want to purchase a repeater to use in Xenia High School since portable
radios and cell phones do not work inside. There are several dead spots where police and fire
cannot communicate. This was evident during a recent mock shooting incident at the school.
After entering the school, there was no communication between the emergency teams. He said
$7,500 was allocated for WS Electronics to install the repeater in Xenia High School; everyone
they spoke with at the high school was in favor. The high school has a School Resource Officer
there daily, but if there were an emergency, the officer or a staff person would have to use a
phone to call for assistance since their equipment does not work inside the school. Having a
repeater will make it much safer.
Homeland Safety/Risk Management: Mr. Price said the basic budget has not changed with a
few exceptions:
Fund 101– Homeland Security/Risk Management, Dept. 1229
3290
Contract Services - Other @ $1,056
4507
Weather Alert Service @ $100
Mr. Price said the above items could be removed from the budget.
3791
Maintenance – Tornado Sirens @ $2,500
Mr. Price said the two-year tornado sirens warranty has expired and staff proposes to execute a
maintenance agreement. The vendor will look at every siren and repair it if necessary.
3132
Medical Examinations - General @ $7,000
Councilman Propes asked for an explanation on how the $7,000 would be used. Mr. Price said
the exams are used for examining employees after accidents that are covered by the Department
of Labor. The line is also used for second opinions for employees who have been off work for
extended periods.
3510
Rental/Land & Buildings @ $881
Councilman Miller asked for an explanation of object code 3510. Mr. Price said the $881 is the
cost for having an office at Towler Road.
5334
Radio & Communications Equipment @ $5,400
Mr. Price said the above is a proposal for replacing the radios used by himself and the City
Manager in the Emergency Operations Center. The current radios were replaced in 1993, and
parts are no longer available. In order to get the best price, they will purchase the new radios in
conjunction with the order submitted by the Police and Fire Divisions.
4255
Digital Camera @ $500
Councilman Miller said a high quality 7-mega pixel digital camera could be purchased for
around $200. Mr. Price said he did not know what a digital camera cost.
Councilwoman Mills asked why each department has a line item for medical exams, if Mr. Price
is in charge of them. Mr. Price said as part of the HIPPA responsibilities, his department
coordinates the exams through Springfield and receives the results; however, each department
pays for the exam from their own budget. Mr. Johnson said Mr. Price’s responsibility is
homeland security and risk management, which may require some extraordinary testing. Each
department also does pre-employment physicals and other medical exams. There are some highrisk situations, which go through the Human Resources Department due to confidentiality.
Parks and Recreation: Mr. Wakefield said the Parks and Recreation budget increased slightly
due to their move to Towler Road. They now pay a portion of the rent, use of equipment, etc.
Fund 101– Recreation, Dept. 1661
3510
Rental – Land & Buildings @ $2,388
Fund 203 – Shawnee Events, Dept. 1671
3291
Shawnee Park Events @ $8,200
Vice President Felton asked how much money was raised last year in cash donations.
Mr. Wakefield did not have that information with him. Vice President Felton said much discussion
has taken place over the years about how much money was funded for Shawnee Park Events; she
did not feel the City was allocating enough money for Shawnee Park Events. She felt the same
people attend the events, such as “Movies in the Park” and “Music in the Park.” Mayor Pennewitt
thought the “Movies in the Park” was well attended. Councilwoman Mills agreed. Councilman
Miller thought Vice President Felton stated she wanted additional activities funded.
Vice President Felton said WBZI Day brings many people to Shawnee Park. There have been
discussions about not spending $5,000 for the event. She felt the department should be given a
goal to raise “X” amount of money. In the past $17,000 to $20,000 was spent on the summer
program, without “Movies in the Park.” Cincinnati Pops was one event that cost $10,000;
however, their fee went up and the City could no longer afford to have them. She would like
staff to look into this. Many of the local entertainers have done that as a favor and not made as
much money as they could. She would like to see more money placed in the budget for Shawnee
Park Events in order to bring in bigger names or more entertainment. If they are going to spend
the money to repair Shawnee Park, it should be used more often. They would have to work with
the Street Department on the parking, which is an issue. She asked if other members agreed.
Councilman Miller said the comprehensive plan developed for Shawnee Park several years ago,
included lawn seating on the hill. If Shawnee Park is to be used, it should be used to the fullest
capacity. They should see if City staff could develop something to better promote Shawnee Park
Events. Vice President Felton said the money might have to come from another fund, such as
the $7,500 for playground equipment for Ridgebury Park. There are ways to juggle money.
Councilman Miller said, as Mayor Pennewitt stated, they need to market the City, but when the
City is marketed, parks need to be improved.
Vice President Felton suggested the equipment at Bennett Park be relocated and the land donated
to McKinley School. She felt $25,000 for a basketball court was a little high.
Mayor Pennewitt agreed more money should be allocated to Shawnee Park Events. However,
others would rather see less activity at Shawnee Park if it meant better quality performances to
encourage people who have been financially and physically active in the past. She has heard
people complain about not having the Cincinnati Pops perform. She did not know the answer
other than lack of funds and the decreasing the number of activities. She suggested they focus on
quality, in order to appeal to more people. It appears the same entertainers are performing, and it
is basically the same type music. She suggested the number of shows be reduced and the money
used to pay for one nice quality performance.
Mr. Wakefield said $5,000 went to WBZI, which left only $3,000 to pay for all other
performances, at an average of $300 per performance. The Kettering Civic Band has 3 to 4
different bands, and they sent the band that cost $300 as opposed to the band that costs $600 or
more. They did try to get more entertainment but sometimes quality was lacking.
Mayor Pennewitt thought the “Movies in the Park” was a success for families and good for the
community.
Councilman Miller suggested Mr. Wakefield contact the Springfield Orchestra, which may be
less expensive and would also promote their orchestra. He felt building such a partnership was
important. The Springfield Orchestra could also have a membership drive while performing.
Councilwoman Mills asked what the City gets for the $5,000 paid to WBZI. Mr. Wakefield said
“WBZI Day” is a one-day event. The City pays WBZI $5,000 and WBZI pays other entertainers
to play. WBZI also gets sponsors from other people in Xenia and an auction is held at Xenia
High School. He agreed with Mayor Pennewitt. If the $5,000 were paid to get better
entertainment, it would draw a larger crowd. Once a large crowd attends, for the next 3 to 4
weeks they only have 20 to 25 people show up at the park.
Councilwoman Mills suggested the $8,200 be utilized differently, and they contract with fewer
but better quality entertainment in order to draw a larger crowd. Perhaps “Music in the Park”
should be held once a month as opposed to several times per month. Mr. Wakefield agreed.
Vice President Felton thought not contracting with WBZI for $5,000 was a political mistake.
She would like to personally see more money funded for Shawnee Park Events. The schedule
also needs to be set for a certain night so people can plan accordingly. She understood the Parks
and Recreation Department attempted to offer a variety of music, but she did not like some of the
entertainment offered.
President Esprit summarized Council wished to increase the budget for Shawnee Park Events.
Regardless of what is presented, the goal should be to please everyone at one time or another.
He attended a few of the “Movies in the Park.” Council members need to support the activities.
President Esprit asked Mr. Johnson to contact Ms. Crockett, Ms. Simpson, and Mr. Jones to let
them know what time their presentations would begin.
Council took a lunch break at 12:20 p.m. The Special Session reconvened at 1:35 p.m., with the
same members present.
Community Development: Ms. Crockett said the following items could be removed from the
budget. Ms. Simpson will retain her American Planning Association Membership.
Fund 101 –– Community Development – Dept. 1551
2130
American Planning Assoc. Membership @ $210 (Crockett)
3290
Answering Service @ $720
Ms. Crockett said $29,084 is a match for the West Main Street Enhancement Program from an
MVRPC grant received a year ago. She understands this is somewhat controversial. Staff feels it
needs to be in the budget (which it is not currently) as the local match and would need to be done
this year. It is difficult to discuss this item when they do not know what “IT” is. Part of it is for
landscaping and construction of a wall; they do not know how it would look until the plans are
done. She cautioned Council that if dollars are returned, it is more difficult to obtain money in the
future. Vice President Felton asked if Ms. Crockett was discussing the area from Allison Avenue
to Progress Drive not downtown West Main. Ms. Crockett said that was correct. They would
probably do about ½ to ¾ of the way; 1,500’ would be done and is not included in the budget.
Ms. Crockett said the City would need to look at some right-of-way acquisitions. They committed
$27,000 for the Jamestown Connector. Ms. Simpson worked very hard in conjunction with Greene
County to obtain grants to complete the Jamestown Connector.
Fund 603 – Housing Assist, Dept. 5329
7105
Land Purchase/Housing/Rental Rehab @ $78,000
3114, 3141, Housing Rehab Grant totaling $125,500
3190, 3310,
3526, 3930
Ms. Crockett said as Vice President Felton noted there was duplication on the CHIP grant as
noted above and both pages should be deleted. After talking with Ms. Louderback, new fund
numbers were given so the money was clearly delineated by fund; there are three funds they
must account for in the CHIP grant.
Fund 601 – CDBG/Revolving Loan Fund, Dept. 5359
3141
Consulting – General Management @ $15,000
Ms. Crockett said the above Tier One Downtown Revitalization Planning Grant should be
$10,000 not $15,000.
Councilman Miller asked if there were any plans to seek different types of grants. As an
example, he received information from Senator Austria’s staff about money available to
purchase sculptures or other art. This was a no match grant funded from an art foundation or
some type of federal art grant. He felt research for different grants was needed, because the City
gets the same money each year. Ms. Crockett agreed the City should go after any grant dollars to
better the community. The CHIP grant has not been received since 1998. The Distress Grant
will not be available for another five to ten years. It is somewhat extraordinary to receive both
those grants simultaneously. The last time they applied for the Tier One Grant was in 1994.
Although perhaps tried and true dollars for entitlements, they are somewhat new to their
department. The $2 million Jamestown connector and the West Main Enhancement are
examples of projects they sought grants for. They will certainly pursue any grant money to
enhance the City. If Council knows of any grants they would like staff to pursue, they would
certainly do the investigation.
Fund 101 – Planning, Dept. 1552
2110
Miami Valley Planning & Zoning Annual Workshop in Dayton (City Planner and
Staff) @ $120
Councilman Miller asked who would attend the above workshop. Ms. Crockett said either
Ms. Simpson or herself. Councilman Miller noted as a new member of BZA, he recalled
attending the workshop. He would like money in the budget to allow new BZA members to
attend. He would also like new Council members to be able to attend because the workshop
gives a nice overview on what one should know. If it is not in the Council budget, he would like
to see it added. Ms. Crockett agreed. Councilman Miller believed BZA would have a new
member soon.
Fund 101 – Community Development, Dept. 1551
4505
Office Equipment @ $900
Fund 101 – Planning, Dept. 1552
4505
Minor Office Equipment (filing cabinet) @ $1,000
Fund 603 – CHIP – CDBG, Dept. 5361
4505
Office Furniture & Equipment (filing cabinet) @ $999
Councilman Propes asked Ms. Crockett to explain why $1,000 is allotted for filing cabinets in
three different places. Ms. Crockett said one filing cabinet must be purchased thru CHIP dollars
and can only be used for that purpose. They are required to keep much of the data associated
with that grant. The second cabinet is for general filing. Given their retention schedule, some
things must be kept.
President Esprit entertained additional questions for Ms. Crockett. Vice President Felton said the
original grant for W. Main Street was for 1,500’ of wall. Ms. Crockett said the grant was for
1,500’ for the wall and landscaping. Vice President Felton said she would like to see as much
landscaping done as possible. Ms. Crockett agreed as much landscaping as possible would
soften the area.
Engineering, Public Service, Water/Wastewater/Sanitation, City Garage: Mr. Jones said the
Operating Budget was prepared to request sufficient funds to maintain the roadways and parks
with the existing staff and equipment they have. At times, court workers and inmates are used
when available. The majority of staff time is used to maintain the 13 parks. Two staff maintains
the parks, with some assistance from two staff located at Xenia Station. The Operations money
covers other items such as sewer planning, catch basins repair, pot holes, cracked ceilings, sign
repair, burned out traffic signals, street sweeping, water lines, sewer repairs, trash pickup,
plowing, and leaf pick-up. The Capital Plan was primarily set up to move forward with the 5year projections as much as finances allow. The items included in the budget are for
rehabilitation and protection of the existing infrastructures to guarantee services are provided to
the existing and new businesses and residents in the area. He entertained questions.
Councilman Miller asked if catch basin repairs could be done cheaper if contracted out.
Mr. Jones said they looked at it both ways. He received bids from two contractors who stated the
catch basin repairs could be done for $2,000 each (the City has many sizes of catch basins). City
staff can replace catch basins for under $1,000 each. If they did contract out the service, the
contract would be for new catch basins. The City has talented staff that can do catch basin
repairs, but staff can only be stretched so far. Councilman Miller asked if there was a schedule
for catch basin repairs. Mr. Jones said they have a yearly goal, but for the last several years,
other things have taken priority. Staff is doing some springtime work now, due to the present
weather conditions.
Fund 361 – Park Maintenance, Dept. 1442
Operating Equipment Other @ $110,000 to include: One Ton Dump Truck w/Tool Boxes
5399
and Snow Plow @ $70,000 and Tractor w/cab and brush hog (replacement) @ $40,000
Councilman Propes asked Mr. Jones to explain the need for the above equipment. Mr. Jones said
staff has been trying to get along without a dump truck for a number of years, which would be
used for the parks. They are presently using a pickup truck. If they need to haul mulch or other
things, they must return to the Service Center. Large dump trucks cannot be utilized because of
their weight and other dump trucks are not always available. Since staff is maintaining 13 parks,
it would be more efficient if one truck were assigned to them. The new tractor would replace an
old Ford tractor that is shot. Staff is doing a lot more mowing of City property.
Fund 664 – Maintenance, Dept. 1338
Motor Vehicle Trucks & Vans @ $85,000 to include replacement of 1229 Pickup truck
5402
for valve exerciser @ $25,000 and replacement of 1215 Pickup with snow plow (foreman
vehicle) @ $60,000 to be financed by lease
Councilman Propes asked the condition of the two vehicles above. Mr. Jones said they have one
blue pickup truck that came from the wastewater plant. One of the foremen uses it but the truck
is worn out and expensive to maintain. The other truck is for the other foreman, who has been
driving the bucket truck or any truck available.
Fund 665 – Sewer Plant– Ford Rd., Dept. 1331
5402
Vehicles – Replace Van #1420 @ $20,000
Councilman Propes asked the condition of the van above. Mr. Jones said they have one van that
has been around for a number of years and is used by staff on a regular basis to do testing for
surcharging and sampling of grease traps.
Fund 665 – Sewer Plant– Glady Run, Dept. 1336
5402
Vehicles @ $30,000 (replace truck #1401 w/full size including bed hoist)
Mr. Jones said this is a new truck. Staff wants a truck with a built in hoist, not one where they
must use a portable hoist. Staff has been getting by without one, but it has become physically
and logistically difficult to set up the tripod and hoist and pulling out pumps has increased.
Vice President Felton asked which fund was used for residential street repairs. Mr. Bazelak
thought 361-5105-5508 was the fund/line used last year; however, the line was reduced to zero
for 2007 to provide funding for the St. Rt. 380/U.S. 42 paving project. Vice President Felton
thought the correct fund was as follows:
Fund 228 – Street Maintenance, Dept. 5102
5508
Street Improvements @ $130,000
Mr. Jones said they normally receive about $180,000. Out of that money, there is debt service.
This year, since there was no carryover money as in past years, they only had $130,000 left.
Vice President Felton said last year over $300,000 in street improvements were done because the
City had the money. This year they are down to $130,000, which is not enough money to do
many residential streets.
Fund 233 – Street Scape, Dept. 1443
5599
Improvements – Other $100,000
Vice President Felton said they have been budgeting $75,000 to do the streetscape on North and
South Detroit Street, which was never done. She asked if they are not going to do North Detroit
Street if that money could be used to do more blacktop on residential streets. The City has many
streets that need improvements.
Mr. Johnson said he checked the restrictions for Fund 233, and found out the money could be
used for a pavement program as long as it was not used for surfacing areas in the downtown area.
Vice President Felton said she was trying to find a way to pave more residential streets. If they
look at the detail sheets, $75,000 was allocated every year but never spent. Only $130,000 is not
enough money to do many residential streets, which is critical. This year the streetscape for
North and South Detroit Streets will not be done. Councilman Miller thought North and South
Detroit Streets should be done this year so they look like East and West Main Streets.
Mr. Johnson said the reason the annual program was stopped was because two years ago they
looked at a new Comprehensive Downtown Revitalization Plan. If they now look at a new
Comprehensive Downtown Revitalization Plan, they did not want to continue with the old plan
in case it was in conflict with a new plan. They need to look at traffic flow, sidewalks, and trees,
which is the reason the program was discontinued that looked at a block at a time. They are
stepping up and looking at a new Downtown Revitalization Plan. The DART and Tier One Plan
Ms. Crockett is working on will give them the information they need. It may mean they go back
to what was originally planned.
Councilman Miller said his problem with “stopping” the revitalization plan is presently there is
no continuity. Because there is no plan presently does not mean the new lights and new benches
cannot be incorporated in the new plan. He would not support changing what was done East and
West Main just because they now want to make North and South Detroit look different.
Installing new streetlights and benches going north and south does not mean they cannot
incorporate what exists going east and west. That is the reason he did not support the
Comprehensive Downtown Revitalization Plan. In his opinion, it looks terrible. There are new
benches in front of City Hall, but no new streetlights or trees. There are new benches going east
and west and new benches around the Greene County Courthouse but no benches further out.
Let’s finish it! They have the money set aside, but the four-year plan was never finished.
President Esprit said Councilman Miller’s comments were well taken.
Mayor Pennewitt asked Vice President Felton to clarify her position. Vice President Felton said
she wanted to take the $100,000 budgeted for streetscape and repair more streets.
Mayor Pennewitt said both projects need to be done, but she agreed with Councilman Miller that
the downtown area needs to be completed. It is very important that the City put its best foot
forward in order to sell this town. The first place people see is the downtown area.
Mr. Bazelak said there is money set aside for resurfacing U.S. 42/St. Rt. 380. If the
recommendation is the project be rejected, some of those dollars could be used for street
improvements. Whatever is left could be used for the street improvement program, in addition to
money that is set aside money in Fund 233.
Mr. Jones said whether ODOT does the project or it is done in-house, St. Rt. 380 is a crucial
street and staff has received a number of complaints. The AIA complex will also be opening
soon. He felt the bulk of their street improvement money in 2007 should be used in that area. If
they take the money they planned to use for the St. Rt. 380 project and use it somewhere else,
then 380 will not be done. There is asphalt money set aside for paving alleys (per the ordinance
alleys are to be paved yearly on a rotation basis), but no money for major paving projects.
Mayor Pennewitt said she was not aware it was the City’s responsibility to pave alleys; she
would rather see parking lots paved. Mr. Jones said they do have $70,000 that could be used for
paving the parking lot on Whiteman Street.
President Esprit said Council was asked to give input but problems will not be solved today.
Based on the notes the City Manager has made, the issues should be brought back before Council
and discussed later. It is not Council’s responsibility to get into details during this session.
Vice President Felton disagreed. During the budget session, it is Council’s role to determine
priorities. She brought up streets as a priority because she saw the funding and asked how it
could be done. Her comment was, “Just because one person says something, that does not mean
the City Manager will do it.” She was looking for consensus so the City Manager knows which
direction to take. President Esprit felt that was what he just said. He asked for input on Council
priorities.
Councilman Miller said he would like to see the streetscape plan finished.
Mayor Pennewitt asked the price of benches. Councilman Miller said the benches cost about
$1,000 each. The plan is only half done, which gives citizens the impression they only do half a
project then twiddle their thumbs, come up with a new plan, and then do something else.
Councilman Engle said the plan was costed-out. He asked how much it would cost to finish.
Vice President Felton said it costs $75,000 per block. Councilman Engle suggested Council ask
the City Manager to provide the estimate of streets that need to be paved this year compared to
available funds as well as the amount of money it would take to finish the downtown area.
Council could then make a more qualified recommendation on what they can afford. He is not
clear right now what can be paid now and what can be paid over a number of years.
President Esprit felt they all agreed to ask the City Manager and Assistant City Manager to do
what Councilman Engle suggested.
Councilwoman Mills said she agreed with Councilman Engle’s comments. She does not know
the history of the project from 2 years ago but agreed streets need to be repaired. She would like
to be able to compare apples to apples.
Councilman Propes said he agreed with Councilwoman Mills and Councilman Engle. As Mayor
Pennewitt pointed out, they need to make decisions, but more information is needed in order to
make informed decisions. Mayor Pennewitt agreed.
President Esprit suggested Council reassemble after they receive the information from the City
Manager. Councilman Engle asked Mr. Jones when the information would be available to
Council. Mr. Jones said the information would be available within one week.
Councilman Miller asked if staff considered a dump trailer that could be towed or a pickup truck
with a dump bed rather than the dump truck they requested for use at the City parks. That might
be a more feasible and economical solution and would be able to be used by other departments.
Mr. Quinlan said historically the parks have gotten hand-me-downs. The truck suggested will be
used as a service truck and a dump truck. This one truck will take care of the majority of the
issues for routine maintenance at the parks. Mr. Jones said on any new trucks purchased, they
get plows for them because it more economical. All the trucks also have Rhino lining.
Fund 615 – Parking, Dept. 1223
4532
Small Appliances and Equipment @ $5,000
Councilwoman Mills asked what the $5,000 would be used to purchase. Vice President Felton
said that is the Police Division’s item. Mr. Johnson said he would get an answer for her.
Fund 101 – Xenia Station, Dept. 1557
4532
(8) Tents, (20) Banners, and Brackets @ $4,1000
Councilwoman Mills asked where the tents, banners, and bracket would be used. Ms. Crockett
said the tents are for use at the Farmer’s Market. The Farmer’s Market banners are in need of
replacement because they are so frayed. Mayor Pennewitt felt more banners were needed. It is
amazing how one feels about the community when one sees banners and flags displayed.
Fund 361 – Municipal Building & General Services, Dept. 1009
4232
Building Supplies (Carpet) @ $5,000
5252
Building Improvements (Painting, Carpet) @ $5,000
Councilwoman Mills asked for an explanation of the above expenditures and where the carpet
would be installed. Mr. Quinlan said the budget amount is contingency money for repairs and
replacement of carpet. As an example, due to the water damage sustained in the Police Division
today, carpet may need to be replaced.
Vice President Felton said there is only $5,000 budgeted for catch basins, which is only 2 basins.
She asked how much money was budgeted in the past. Mr. Quinlan said staff’s workload
fluctuates from year to year—one year they may do 20, the next they may only get 3 done. Vice
President Felton thought Stormwater Management required staff to do a certain number of catch
basins yearly. Mr. Jones said they would like to do 60 catch basins yearly.
Vice President Felton asked if the South Hill sewer line was done or if additional money was
needed to complete the project. Mr. Quinlan said no additional money was needed.
President Esprit thanked the Law Director for distributing the Township/Village/City Schedule
of Meetings and the Resolution supporting GMH. He entertained a motion.
Mayor Pennewitt presented a RESOLUTION DECLARING THE XENIA CITY COUNCIL’S
SUPPORT FOR GREENE MEMORIAL HOSPITAL IN PARTNERSHIP WITH PREMIER
HEALTH PARTNERS TO LOCATE AND BUILD A NEW HOSPITAL WITHIN THE XENIA
CITY CORPORATION BOUNDARIES, AND DECLARING AN EMERGENCY.
Motion by Mayor Pennewitt, seconded by Councilman Miller, 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. Discussion followed. Councilman Miller asked that Council’s
action be read aloud at the next Council meeting. The Roll on this was the following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Miller, that Resolution Number 07-A be
now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
ADJOURNMENT: The Special Session was adjourned at 2:30 p.m.
Xenia City Council
Xenia City Council
January 11, 2007
Special Session
5:30 p.m.
The Xenia City Council met in a Special Session on January 11, 2007, at 5:34 p.m., in the City
D. Engle (arrived at 6:50 p.m.), William R. Miller, Dennis R. Propes, Jeanne Mills, Phyllis A.
Pennewitt, and Dr. Lee G. Esprit, Jr.
Councilman Esprit stated Councilman Engle contacted him to share he would attend the meeting
but could not get away as anticipated.
Continuation of 2007 Budget Review: President Esprit said at the January 6th Special Session,
they agreed on two top priorities – downtown revitalization and street improvements. Council
needs to decide on the top priority, so the City Manager will know in which direction to proceed.
Mr. Johnson agreed. He noted Council asked for more specific numbers for those programs. This
morning, Mr. Jones provided a breakdown of what it would cost to do one block of the streetscape,
which could be the block from South Main Street to Second Street or Market Street—either way,
the cost is about the same. The total estimated cost of materials is $72,600; increased by 50% for
labor would equate to $108,900, which would include streetlights, pots, trees, tree grates, benches,
trash containers, and concrete sidewalk replacements. Previously staff allocated $100,000 in the
budget, which would need to be increased. The alternative was applying the $100,000 toward the
street resurfacing program. He asked Mr. Jones to estimate how much more street resurfacing
could be done with that amount of money. He asked Mr. Jones to address Council.
Mr. Jones said there are various ways to break down the road rehabilitation work. On some roads,
staff ground up lime, compacted it, and put down 3” of asphalt. On other roads, they ground off 3”
of asphalt and put down 3” of new asphalt. In the past on other roads, they used a slurry seal or
micro surfacing, which was done in Arrowhead and other areas. The slurry seal process was
primarily used to buy time; it gives a little bit better wearing surface and seals cracks. He noted it no
longer turns gray—it stays black. Slurry seal will improve the street for seven years and the
difference in the streets where the slurry seal was used is phenomenal compared to streets where
slurry seal was not used. This year on Monroe Street and Pueblo Drive, they ground up lime and
added 3” of asphalt. The cost was about $68 per foot, which $100,000 would allow for about 1,500
feet of street resurfacing. Using mill and fill (2-3” of asphalt is ground off and replaced with the
same amount) on streets that are already in fair condition it would cost $47 per foot, which $100,000
would allow for 2,100 feet of street resurfacing. Most streets are 35’ wide; narrow roads would
allow more feet to be resurfaced. Slurry seal would cost $3/sq. yd. (applied), which $100,000 would
allow for about 8,000 feet of street resurfacing. The street should be in good shape for the slurry to
last five to seven years.
Mr. Johnson asked the length of a typical city block. Mr. Jones said the city blocks in downtown
Xenia are about 500 feet, which is standard.
Vice President Felton said using the $100,000 on street resurfacing instead of downtown
streetscape would essentially almost double the amount budgeted ($130,000). Mr. Jones agreed.
Councilman Miller reminded Council they made a 4-year plan to reinvest in the downtown area,
which would bring a return on their investment. Businesses are willing to invest in the
downtown, which is apparent since three building facades were redone on the eastside block.
The businesses reinvested in downtown after the City reinvested money. Council promised
themselves and the City that they would spend money in the downtown area and money would
be set aside for four straight years. He would like to see Council follow through with their
4-year plan. It is just part of the job and finishing what they started. He realized they could revisit this and develop a new downtown revitalization plan but does that mean money will be
spent to re-do east and west to match what was done north and south. He suggested Council
finish what they started and when/if they reinvest in the downtown area, they should incorporate
what was already done. Council came up with a plan, a motion was made and a vote taken.
Let’s finish it. This should have already been done and not even be a topic of discussion – it was
voted on once.
Mayor Pennewitt asked how many blocks needed to be finished before the project would be
completed. Vice President Felton said the original plan was to finish Second Street to Market
Street. Mayor Pennewitt said that would mean two blocks. Councilman Miller said Mr. Jones
has extra concrete pots, so more would not need to be purchased.
Vice President Felton said when she looked at the cost of downtown revitalization ($150,000
plus, not counting CDBG money) and what was done, she still felt street resurfacing needed to
be done. A total of $80,000 was spent for one business to redo their façade. Money was spent to
help another business replace awnings. Mr. Barlow wanted the Downtown Revitalization Plan
changed, which was one reason nothing went forward. She said $130,000 is not enough money
to spend for street repairs for the citizens who pay the bills. There is no CDBG money allocated
to do the downtown streets this year.
Mayor Pennewitt agreed with Vice President Felton. She asked how much it would cost to
repair all the streets in Xenia. Mr. Jones said it would cost over $15 million to resurface all the
streets in Xenia. Mayor Pennewitt felt Council should consider resurfacing one-half of the streets
and borrowing the money. Otherwise, the streets will never be done nor would it be viable to have
the streets resurfaced on a rotating basis. For years, they have told citizens they will repair the
streets, and they have done the best they could with the money they had. It is time to consider
spending more than $100,000 to get the streets done. She suggested Mr. Bazelak develop a
financial plan to do half the streets and investigate what it would cost to borrow the rest of the
money. She also agreed with Councilman Miller – a plan was developed and not finished. She
thought they could maintain the same lighting design. It is a Catch 22. She agreed with
Councilman Miller to finish the streetscape and agreed with Vice President Felton to consider
street repairs. Council should seriously consider how many streets need to be repaired and how
many years it would take for them to be completed.
Mr. Lewis asked if anyone strongly considered passing a levy for street repairs – there is a ballot
coming up in May 2007. President Felton said Council considered a levy a few years ago.
President Esprit entertained comments from Councilwoman Mills and Councilman Propes, the
newest members of Council.
Councilwoman Mills asked what it would cost to complete one city block this year (with the
money allocated in the budget) as opposed to completing two city blocks next year, assuming the
cost of materials may rise in one year. Mr. Johnson said the costs are rough estimates. It would
cost $108,000 for the work to be done this year or $216,000 over a two-year period. He did not
expect the cost difference to be that significant within one year. They are at the mercy of sole
source vendors if Council wished to purchase the same type items, whether some items are
purchased this year or everything is purchased in two years.
Councilman Propes agreed with Mayor Pennewitt’s suggestion to search for different funding
sources in order to get a good portion of the streets completed. He was not too thrilled with a
levy – levies are never pleasant. However, financing the project means they are still spending
the citizens’ money. As far as this year’s budget, he agreed with Councilman Miller. Council
started something, so they should finish it and go from there.
Mr. Bazelak said this is a long-standing subject. Council attempted to address the subject in
2003, when they placed an additional income tax levy on the ballot, which was not passed. As
Vice President Felton pointed out, the former City Manager presented a plan, with costs, to do all
the streets and Mr. Jones provided a street inventory. Much of the “grunt” work has been done;
however, there will be significant costs involved. Some revenue source will need to be
developed to pay the debt service. He said Mr. Lewis suggested a street levy be placed on the
2007 ballot, and they tried to pass an income tax levy previously. It will involve some type of
citizen approval to see if they feel the street improvements are important enough and they are
willing to pay for them.
Mayor Pennewitt said they know the longer they wait to fix the streets, the more it will cost to
replace them. As time passes, it will never get any cheaper to fix them and streets will not get
better on their own.
Mr. Jones said Fairborn passed a levy last year and it took one year to sell the program. They
hired an outside PR firm to assist with the passage. They did have a successful levy. Mr. Lewis
believed the levy failed three times before it eventually was passed.
President Esprit noted it would take approximately $15 million to repair all the streets, and as
mentioned by Mr. Lewis, it took three attempts before Fairborn’s levy was passed. Regarding
downtown revitalization, he agreed with Councilman Miller. Unless someone monitors what is
going on, things tend to slip through the cracks. Let’s stop saying what we are going to do and then
do nothing. He noted Mayor Pennewitt said she agreed with both priorities, but Council needs to
decide tonight which one to go forward with – street resurfacing or downtown revitalization.
Councilwoman Mills thought putting the 2003 income tax levy on the ballot once was not
enough; it should have been on the ballot again and again and again. That would have been a
constant reminder to the citizens that Council felt it was important. She was not opposed to
trying a levy again. She would entertain the suggestion of using an outside PR firm. As a
resident of Xenia in 2003, she did not feel she was well informed about the street levy. President
Felton corrected her – the 2003 levy was for increasing the income tax. Councilwoman Mills
suggested the utility bills be used for the sharing the information and getting the word out.
Although the budget is tight, she would like the downtown area finished.
Motion by Councilman Miller, seconded by Councilman Propes, to finish the downtown
streetscape. Discussion followed. Mr. Lewis asked for clarification. Councilman Miller said his
motion was to keep the money in the 2007 budget as is. Vice President Felton said she would
vote “no” because she believed streets should be their priority.
The Roll on this was the following:
Ayes: Miller, Propes, Mills, Pennewitt, and Esprit
Nays: Felton
motion carried.
Mr. Johnson said within the next few months, staff would prepare information on the streets for
use at a work session to ensure there is a plan to address the street program.
Councilman Miller said the City Engineer likes to use slurry seal, although he was not in favor of
it. However, if that would extend the money and get more streets done this year, he would
suggest that be done in order to repair more streets.
President Esprit said the slurry used a few years ago had to be removed. Mr. Jones said the
slurry is not a cure-all and there are several different kinds. Some slurry is made from polymers
and some use crushed black stones. Slurries will only extend the life of the street; however, the
wearing course will not be as pretty as new asphalt. Slurry can be applied quickly and some
cities have their own crews to do that work. Staff cannot use slurry on streets that are bad, such
as in Arrowhead. Slurry can be used on streets that are breaking up in an alligator pattern; the
slurry can seal and prevent the base from being damaged. As Mayor Pennewitt mentioned, the
longer they wait to repair the street, the more damage will result. The slurry is only a stop gap.
Residents will complain they cannot roller blade on streets where slurry was applied because
they are coarser and have more traction.
Mr. Johnson said the Organization Chart submitted on January 6th had two changes. It includes
the Zoning Enforcement Officer position, which was eliminated and later filled with a temporary
employee. He is convinced it is an essential position. The title may not be the best or most
accurate description but was used for budgeting purposes. The position may be renamed after
the classification study is completed. He included it on the Organizational Chart as a permanent,
full-time position. Further, the Organizational Chart originally included 31 Firefighters. He
changed the Chart to reflect the 30 Firefighters the City currently employs. After debating with
the Fire Chief for over a year, he now agrees with him that the Fire Division needs to be staffed
with a Deputy Chief rather than filling the 31st position with a new Firefighter. Having 31
Firefighters is an odd number to use when deciding on the number of Firefighters needed for
each shift. Having one more Firefighter on a shift will not solve the City’s long-term staffing
problems. He will readdress the Fire Division’s staffing issues at a later date, because he does
not know if three or six more Firefighters are needed.
President Esprit asked Mr. Johnson to explain what happened to the Zoning Enforcement Officer
position. Mr. Johnson said the position was previously a full-time, permanent position. The
duties included handling all the zoning applications and inspections, and doing miscellaneous
duties in the Zoning, Planning, and Community Development Department. Staff was unable to
keep up with the workload, so one year ago a person was hired as a temporary, full-time
employee. The employee earns no benefits or leave. If the position were eliminated, he is
convinced not even the basic functions of the Zoning Department would be performed. The
option would be to have the person continue as a temporary, full-time employee. Under Civil
Service rules, the City cannot continue to indefinitely fill the position with a temporary employee
because it would appear protection under Civil Service is being skirted.
Mr. Johnson said everyone except the Chief and his secretary are members of the Firefighter’s
Union. The Chief needs another administrative person to help him run the department, particularly
when dealing with Labor Management issues. Captains have some administrative and
management responsibilities, but they have three Lieutenants under them, who directly supervise
the Firefighters. The other issue is the division of duties. Now when there is a major event that
requires the presence of the top commander, the Fire Chief must respond to those events. In the
past, when there was one Chief and only one Captain, they would alternate responding to those
events, depending on who was on-call. There are also administrative duties such as the Fire
Inspection Program and other things that were lessened when the Fire Safety Inspector position
was eliminated. The Assistant Chief position was also eliminated. He felt it was important to have
another management person in the operation to keep the Fire Division running efficiently.
Councilwoman Mills said she understood Mr. Johnson said the Fire Chief must go on all calls.
Xenia has only one Police Chief – does he respond to all calls? Mr. Johnson said there are
certain incidents that require the presence of the either the Police Chief or Fire Chief, but not
every call—not even every major call. Both the Police and Fire Divisions have designated
personnel who respond to certain events. The Police Division is structured differently. The
Police Captains are over three separate branches and are in essence Deputy Chiefs, although
classified as Captains. The Patrol Captains are in charge of all patrol; each Captain has five or
six sergeants under him. The Captain generally remains at the Police Station, conducts the
business operations, and does not normally respond to most police calls. There is some
structural difference between the two departments, which is why it makes sense to have a Deputy
Chief on staff at the Fire Division.
Councilwoman Mills asked Mr. Johnson if the three Fire Captain positions are 24-hour positions.
Mr. Johnson said yes. Councilwoman Mills summarized the Fire Division has one Captain per
24-hour shift plus two Lieutenants per shift to handle any situations. She asked what the Deputy
Fire Chief would do. Mr. Johnson said the Deputy Fire Chief would do things that are not
currently getting done such as more research and development, develop ways to be more
efficient, look at different business aspects, make certain the current work schedules are as
efficient as possible, keep track of mutual aid calls, etc. Councilwoman Mills asked who
presently does those duties. Mr. Johnson said presently much of that is not done. He noted he
needs that information so he can make decisions but much of that information is not available to
him. A Deputy Chief would be able to provide that information.
Councilwoman Mills asked if the Deputy Chief would be hired in-house. Mr. Johnson said he
was not sure. Current staff will be given an opportunity to apply, but he has not yet made a
decision if the position will be opened to only current staff as a promotional opportunity. Civil
Service does not require that. He personally believes hiring from within should be done
whenever possible. However, there are times when qualified staff does not wish to apply for
such position and there are many reasons for that decision. They might want to bring in someone
from the outside that has the specific strengths and academic discipline for which they are
looking. In the upper ranks, some strange scenarios result. Both the Police Chief and Fire Chief
have shared that they took a reduction in pay when they accepted their current positions, because
they are not paid overtime.
Councilwoman Mills said if the Deputy Chief were hired in-house, it would leave one less
Firefighter to serve the citizens, which would mean two positions would need to be filled. She
asked how much would hiring a Deputy Chief cost as opposed to hiring another Firefighter.
Mr. Johnson said there is a vacancy in the Firefighter ranks; the City has an authorized strength
of 31 and only 30 Firefighters are employed, which means the 31st Firefighter position would not
be filled.
There would be ten Firefighters on each shift; the existing number of
Lieutenants/Captains would remain the same on each shift. Instead of spending $50,000 for a
Firefighter, it may mean the City would spend $65,000 to $70,000 to hire a Deputy Chief, which
is an additional $20,000 expenditure. The number of staff would remain the same. The Deputy
Chief would need to be fully certified and capable of responding to anything any other member
of the Fire Division responds to.
Mayor Pennewitt clarified 31 firefighters are authorized presently. She wondered if $50,000 is a
realistic cost estimate when considering overtime and fringe benefits. Mr. Johnson said $50,000
would cover an entry-level Firefighter’s salary. Mayor Pennewitt asked if the extra $50,000 was
budgeted to cover the cost of the new position. Mr. Johnson said the full cost of the existing
unfilled entry-level Firefighter’s position is allocated in the budget. What is not in the budget is
the difference between an entry-level Firefighter and the Deputy Chief.
Vice President Felton said she understood Mr. Johnson’s recommendations for the two new
positions. However, they eliminated the Zoning Enforcement Officer position and she was
having a hard time supporting the position when none of the other eliminated positions are to be
filled.
Mr. Johnson said when preparing the budget, he looked at each eliminated position to see if there
was a need, including eliminating other positions or trading off jobs. That is why there is only
one upgrade and one additional position in the budget. He believes the Zoning Enforcement
Officer position is so critical that it deserves to be taken in isolation.
Vice President Felton said the City does not have a building inspector, which is a critical position.
The job was contracted out to the County and the County is not following through with timely
inspections, even though the City is paying them to do so. If the Code Enforcement Officer
position were not in next year’s budget, how much money would have been transferred in 2007?
Mr. Bazelak said there are more expenditures when taking a position from temporary to
permanent full-time; thus, all other things being equal, the money transferred would be less.
Vice President Felton asked if that was figured in with the $800,000 that was transferred.
Mr. Bazelak said yes, assuming the dollars for the additional full-time permanent position was
included in the 2007 budget. Ms. Louderback said the dollar difference of having a full-time
temporary employee as opposed to a full-time permanent position was included. President
Felton asked if the position were eliminated entirely, how many additional dollars would have
been able to be transferred at the end of 2006. Mr. Bazelak said looking at the overall dollars,
about $8,000 (16% of $50,000) would have been transferred to the General Capital Improvement
Fund if the position had been totally eliminated.
Mayor Pennewitt asked if Council wanted to discuss the GMH campaign and signs. Purchasing
one hundred, 32” x 48” corrugated plastic signs would cost $850. If they purchased 18” x 24”
plastic signs, the cost would be $320. Signs can be placed on City property. Councilman Propes
asked what would be printed on the signs. Mayor Pennewitt suggested they discuss that.
President Esprit said he was supportive of the sign campaign. Mr. Johnson said Barb Zajbel
agreed to have the Chamber of Commerce be the pass-through agency for contributions. Vice
President Felton said the Chamber of Commerce has stipulations on what the signs can say before
they can be the pass-through agency. Ms. Zajbel called her today and stated the Chamber would
like the signs to say “Xenia Appreciates Greene Memorial Hospital” or “Xenia Supports Greene
Memorial Hospital.” Mayor Pennewitt suggested the signs say “Keep Greene Memorial Hospital
in Xenia,” or “Keep Greene in Xenia” or “Rebuild in Xenia.” Councilman Propes agreed with
Mayor Pennewitt. Of course, Council supports Greene Memorial Hospital, but they want to
support GMH staying in Xenia. The message should say something about staying in Xenia.
Councilwoman Mills agreed. However, Greene Memorial Hospital has outgrown their present
facility and will move from Monroe Street regardless, but the message needs to state Council
wants them to stay in Xenia.
President Esprit agreed. He asked specifically what Council wants on the signs.
Vice President Felton thought the signs should say “Keep Greene Memorial Hospital in Xenia”
or “Keep GMH in Xenia” and include an e-mail address or phone number for citizens to call to
show their support. If that doesn’t work for the Chamber, then they will do it another way.
Councilman Miller agreed with Vice President Felton’s suggestion but wanted to know what
phone number and e-mail address would be listed on the sign. President Felton said she was not
sure what e-mail address or phone number would be used. She discussed with Mr. Bazelak
setting up a “dummy” e-mail so responses could be printed or a phone number (not everyone has
a computer). She was concerned about using Greene Memorial Hospital’s phone number.
Mayor Pennewitt asked if the Chamber of Commerce would accommodate them by taking the
calls. President Felton and Councilman Propes did not think so.
Mr. Brodsky agreed they want to keep Greene Memorial Hospital in Xenia. However, they need
to be careful and not take steps that make them appear to be adversarial to GMH because that can
be self-defeating. Yes, they will do what they can to keep a full service hospital in Xenia. He
asked Council to keep in mind that what comes from City officials can be somewhat controlled,
but once the floodgates are open and anyone can make calls, some unintended consequences may
result. If a phone number is provided, essentially they provide ammunition because no one
knows what callers might say.
Vice President Felton said a phone number was suggested, tallies could be taken on the number
of calls received, and e-mails printed, resulting in a packet of information. Listing Greene
Memorial Hospital’s number was not considered.
Mr. Brodsky asked if the contents of the phone messages would be considered public records, if
a City phone number were used. Councilman Miller felt the phone messages would be
considered public records if a City phone number were used. President Esprit also wondered if
the messages would be public record.
President Esprit clarified Council wanted the signs to say “KEEP GMH IN XENIA.” Now they
need to know who to contact and what phone number or e-mail address would be used.
Councilwoman Mills asked why residents needed to contact anyone. If Council shows their
support for keeping Greene Memorial Hospital in Xenia—residents can talk to their friends,
lodge members, civic organization, etc., to get the word out. She was not sure a phone number
needed to be listed on the signs.
Mayor Pennewitt said she was sure some residents would want answers from the person
answering the phone. Councilwoman Mills said even if they found a person to answer the
phone, that person would not necessarily have the answers. Mayor Pennewitt asked if Council
only wants a tally, is there a way to do that. Mr. Bazelak said he would talk with Mr. Cardenas.
Councilman Miller said a voice mail message could simply say, “Thank you for your call and we
appreciate your support.” They would not have worry about any messages or questions.
Mr. Lewis asked how they would know the same person did not call 100 times; he did not see
any value in that. Councilman Miller said they would not know who called nor would a public
record need to be kept, transcribed, and shared.
President Esprit said he assumed technology would allow the number of calls received to be
tallied, but what would they say since under the circumstances, there is no answer. It appears the
word is already out and citizens know Council would like GMH to remain in Xenia.
Mr. Lewis noted as a citizen, if he were concerned, he would call the City Manager’s Office,
having a different phone number on the signs would alleviate the pressure on that office. He
liked the idea of using the Chamber of Commerce so the City can maintain a good relationship
with Greene Memorial Hospital and remain a bit removed.
President Esprit said they do not want repercussions. Mr. Bazelak said he would talk with
Mr. Cardenas and get back to Council about a phone number and e-mail account, if that is what
Council wants.
Councilman Miller summarized Council wants the signs to say “Keep Greene Memorial Hospital
in Xenia” and Mr. Bazelak will investigate a phone number. Mr. Bazelak asked if Council also
wanted an e-mail account set up. Councilman Miller thought an e-mail account could be
established just for comments.
Mayor Pennewitt asked how Council would handle citizens’ questions. Mr. Lewis felt citizens
would call the City Manager’s Office. Mr. Johnson said his office has already begun receiving
calls on the matter.
Mr. Johnson said from a business standpoint, Council needs to know what they want as an
expected outcome. Per Stephen Covey, “begin with the end in sight.” If the goal is to affect
decision makers, they know they need to contact Greene Memorial Hospital and Premier
Executives. They have been told before a decision is made, the Hospital Board would be
involved. If the decision about location falls within that group, what would be the outcome of
having signs around the City and how would the signs affect those decision makers? What
happens if posters are put out and only 35 people are motivated to call the phone number listed?
When basing an impact on statistics, be careful about what you ask. If they got 18,000 phone
calls and/or e-mail messages, that would indicate the majority of Xenian’s want Greene
Memorial Hospital to stay. Put in the apathy factor and assume more than half the people either
do not care or will not take the time to express their opinion, and that is a different statistical
base. As they make decisions to move forward, they need to assess two or three moves in the
future to ensure the decisions do not backfire.
Mayor Pennewitt asked if Mr. Johnson was suggesting a phone number not be listed on the signs.
Mr. Johnson said there are ways to get the word out to maintain a hospital presence in the City of
Xenia without the use of signage. That may be by using regular newsletters or asking citizens to
send letters to the Xenia Daily Gazette Editor. He did not know the answer. When Council
makes a large public move, they need to anticipate the backlash.
Mr. Lewis said Clark County went through this same scenario last year with the merging of
Community and Mercy Hospitals. The proposal was to move the hospital out of the City of
Springfield to the intersection of S.R 68 and Interstate 70. They successfully fought to keep the
hospital in the City. However, that is a government hospital and not a private facility. They
used a sign campaign, which is often more effective for a political decision not a business
decision. They did many things, such as economic impact studies, besides just trying to rally the
troops. Council may want to contact the Tecumseh Land Trust Director. She is a bright woman
who could share some of her ideas. Not all the ideas may cross over because Greene Memorial
Hospital is privately owned. However, some of her ideas may be helpful so Council does not
feel like they are trying to “reinvent the wheel.”
President Esprit said Mr. Johnson met with the CEO’s and asked him to make suggestions.
Mr. Johnson said the CEOs indicated a new facility would be built in a new location that was not
yet decided. The CEOs stated they would get community input and rely on the GMH Board
before a decision is made. They will look at the types of services and facility needed; it will take
about six months for them to arrive at the decision. Their decision will be made based on
business principals, which is why XEGC is putting together packets of information from a
business aspect. What are the properties, what are their pros and cons, what is the ingress and
egress capability, what infrastructure is there, what supports are there from local government,
and all the things that would be positive aspects to sell the fact there are locations in the City of
Xenia that would be the best place to build. Those factors will have the most impact on the
decision makers. There is also the reality that there are 25,000 Xenia citizens that need to know
that Council is doing something. What they are doing cannot be done publicly because they get
into land speculation issues, which is why XEGC is taking over that part of communications.
Mayor Pennewitt asked if Council would make a presentation to their Board in two weeks.
Mr. Johnson said he was not aware of any time line. They are waiting to hear back from Greene
Memorial Hospital and Premier Health Partners that the State has approved their agreement.
They will not do anything or meet with anyone until the State’s decision has been made. He
expects to hear from the parties when it is time to set up the Advisory Board, which they
indicated they need and want before they begin their search and decision making process. That
would be the appropriate time to determine when the information should be presented.
Mr. Lewis said after his conversations with the Attorney General’s Office, he strongly felt the
agreement would be approved. They meet all the criteria required of the Attorney General’s
office and the Secretary of State. Mayor Pennewitt said she thought that was the case.
Mayor Pennewitt asked if Council would or would not support having the signs. President Esprit
asked Council to consider all the information shared today and determine if they want to move
forward with the sign campaign, which would cost $800, and whether or not the signs would
contain a phone number and e-mail address.
President Esprit asked Council is they wished to move forward with the sign campaign. He
thought he heard from one person that Council should move forward. He is now hearing the sign
campaign may be misinterpreted.
Councilman Miller suggested they tread very lightly at this time; Council may decide to use the
signs at a later date. It is time to use the legislators in Columbus (State Representatives and
Senators) and County Commissioners. If citizens want to know Council is doing something,
Council could write letters to the [XDG] editor. If contacting the State officials and County
Commissioners fails, or they feel they are getting nowhere and do not have a signed letter of
support, then Council could go in a different direction.
Mayor Pennewitt felt they had already done what Councilman Miller suggested. Mr. Johnson
said they have opened the door for communication with Greene Memorial Hospital officials.
Councilwoman Mills said she agreed with Councilman Miller’s comments about delaying the
sign campaign. If they start rallying the troops, it could get ‘ugly’ on the front lawn of GMH. It
is more important to go through the proper channels first and try to achieve a common goal.
Right now, Mr. Johnson is having open talks, which is a good situation. Good things happen
through communication. If signs are used, she did not like the idea of having a phone number or
e-mail address listed on the signs.
Councilman Engle apologized for arriving late but assuming this conversation would take place,
he formulated his thoughts. He agreed with Councilman Miller and observed, as Councilman
Esprit pointed out, the media has made the public aware of Council’s point of view and that they
are open to discussion. Although not opposed to placing signs in front yards, he did not see the
strategic value in that at this time.
Councilman Esprit entertained further comments. He thought he was hearing Council did not
want to move forward with the sign campaign. He asked for assistance from the Law Director
on how the motion should be stated. Mr. Lewis suggested a motion be made to move forward
with the sign campaign and let the Roll Call determine if they move forward with them.
Motion by Mayor Pennewitt, seconded by Vice President Felton, to have signs made in support
of keeping Greene Memorial Hospital in Xenia. No discussion followed. The Roll on this was
the following:
Ayes: Felton and Pennewitt
Nays: Engle, Miller, Propes, Mills, Esprit
motion failed.
Mr. Lewis asked if Council would be interested in having the Tecumseh Land Trust Director
attend a work session in the future to discuss their game plan, their strategies, and what worked
for them. It does not seem like a bad idea since they went through a similar situation last year.
President Esprit said they could discuss that a later time.
President Esprit said Council needs to take a break at 7:05 p.m. to reconvene in Regular Session.
Xenia City Council
Xenia City Council
January 11, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on January 11, 2007, at 7:18 p.m., in the City
D. Engle, William R. Miller, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Dr. Lee
G. Esprit, Jr.
INVOCATION: David Mabry, Greene County Marriage Resource Coordinator, gave the
invocation after which all joined in the Pledge of Allegiance.
SWEARING IN OF NEWLY ELECTED OFFICIALS: Mr. Lewis presided over the
swearing in of Councilman Propes and Councilman Engle, who were accompanied by members
of their families. (Applause followed each ceremony.)
REORGANIZATION OF CITY COUNCIL: President Esprit turned over the chair to Mayor
Pennewitt. Mayor Pennewitt invited Mr. Lewis to distribute ballots to all Council members to
establish the Council President. He noted the three (3) eligible members’ names were listed on
the ballot. Council members cast their votes, and Mr. Lewis collected and reviewed the votes.
He announced by a majority vote, Vice President Felton was elected President of City Council
for 2007. (Applause followed.)
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
announced by a majority vote, Councilman Miller was elected Vice President of City Council
for 2007. (Applause followed.)
Mayor Pennewitt requested they take a break at 7:28 p.m. President Felton reconvened the
meeting at 7:30 p.m., with the same members present.
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilman Esprit, to
approve the December 28, 2006, Regular Session minutes as written. Discussion followed.
Mayor Pennewitt asked that the minutes reflect the correct spelling of the last name of Tim
Blackbern (not Blackburn as shown on pages 13 and 14). The Roll on this was the following:
Ayes: Miller, Engle, Esprit, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilman Propes, to approve the January 3, 2007,
2006, Special Session minutes as written. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
AUDIENCE COMMENTS: President Felton explained the procedures for audience comments
and invited anyone who wished to speak to come forward.
XCC Regular Session Minutes, 01-11-07, Page 2
Joseph Koussa, 1537 Beaver Creek Lane, Kettering, asked God to keep an eye on our troops
overseas, now more than ever, and to bring them home safe. He heard on the news that the Ford
Motor Company would no longer be the third largest automobile manufacturer in the world.
When he heard that, he felt ashamed. Please wake up America. Buy American-made products—
not foreign made items. He came to the United States 40 years ago and felt he jumped ahead 50
years in time. He would like to see America once again be the manufacturing leader of the
world. God Bless the United States of America!
REPORTS OF COMMITTEES:
Traffic Commission: President Felton said the December Traffic Commission meeting
was cancelled due to lack of agenda items.
Greene County Regional Planning Commission: President Felton said the Greene
County Regional Planning Commission December meeting was cancelled.
Board of Zoning Appeals: Vice President Miller said the December BZA meeting was
cancelled due to lack of agenda items.
President Felton noted all Council and Commission/Board meeting dates and times could be
found on Channel 10, the City’s Government Channel.
ITEMS FROM CITY COUNCIL AND MAYOR:
Resolution of Support for Greene Memorial Hospital. President Felton asked Mayor
Pennewitt to read Resolution No. 07-A. Mayor Pennewitt read verbatim RESOLUTION
NUMBER 07-A DECLARING THE XENIA CITY COUNCIL’S SUPPORT FOR GREENE
MEMORIAL HOSPITAL IN PARTNERSHIP WITH PREMIER HEALTH PARTNERS TO
LOCATE AND BUILD A NEW HOSPITAL WITHIN THE XENIA CITY CORPORATION
BOUNDARIES, AND DECLARING AN EMERGENCY.
President Felton said Resolution Number 07-A was passed unanimously by City Council at a
Special Session meeting held on January 6, 2007. She entertained comments from Council.
None were presented.
City Manager’s Office:
Replacement of Water Treatment Plant Filter #2 Influent Valve. Mr. Johnson
respectfully requested Council pass an emergency Ordinance waiving competitive bidding for
the replacement of Filter #2 Influent Valve for the City of Xenia Water Treatment Plant and
execution of a contract with the Henry Pratt Company for said replacement in the amount of
$9,000 from Water Capital and Improvement Fund line 664-6602-54268. He noted Mr. Jones
was available for questions.
Vice President Miller introduced an ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING WITH
HENRY PRATT COMPANY FOR THE PURPOSE OF REPLACING THE INFLUENT VALVE
ON WATER TREATMENT PLANT FILTER #2, AND DECLARING AN EMERGENCY.
Motion by Vice President Miller, 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.
Mayor Pennewitt asked if the proposal was still valid since the proposal expired November 16,
2006. She noted the bid did not include miscellaneous parts, and asked if the $9,000 allocated
would cover miscellaneous parts. She also noted there were certain conditions listed on the last
page of the proposal.
Mr. Jones said the $9,000 requested was more than the anticipated costs. He confirmed the
vendor bid is still valid, and they are willing to abide by the conditions.
President Felton said there is a five- to six-month lead time before the filter can be delivered. If
the part is needed immediately, is there another vendor who could provide the part in the
meantime? Mr. Jones said the part is manufactured as needed. There are four operating filters,
and they can operate with one if necessary.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, that Ordinance Number
07-01 be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Reject Final Legislation and Contract for GRE SR 380-7.04- Resurfacing of US 42
& SR 380. Mr. Johnson respectfully requested Council authorize the City Manager to send a
letter to the Ohio Department of Transportation rejecting the final legislation and contract for
GRE SR 380-7.04--Resurfacing of US 42 & SR 380 due to the increasing costs and the City’s
limited funds. He noted Mr. Jones was available for questions.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to authorize the City Manager
to send a letter to the Ohio Department of Transportation declining the project due to the
increasing costs and the City’s limited funds. Brief discussion followed. Mayor Pennewitt said
she could not believe there was an increase of $466,000. Mr. Jones agreed.
Vice President Miller asked for an alternative. Mr. Jones said City staff would do the work. He
checked with ODOT yesterday; because it is a State highway within corporate limits, this project
will not require ODOT inspection; it would be under the total control of the City. The project
included S.R. 380 and South Detroit Street. Engineering believes U.S. 42, between Church
Street and Columbus Street, is in good shape, and can be repaired with City paving funds. The
City’s next paving program will be in 2010 to 2012. Staff feels that would be an appropriate
time to pave U.S. 42. President Felton stated the money is allocated in the budget.
Nays: None
motion carried.
Items for the City Manager: None.
Finance Director’s Office:
Schedule of Bills: Mr. Bazelak presented payment of bills totaling $27,667.18.
Motion by Councilman Engle, seconded by Vice President Miller, to approve payment of bills
totaling $27,667.18. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for Website and Brand Assessment Services: Mr. Bazelak respectfully
requested Council approve a contract for website development services to Nova Creative in the
amount of $9,700, and award the bid for brand assessment services to Nova Creative in the
amount of $4,500. Upgrading the City’s website and architecture in order to take advantage of
current technology and graphic improvements has been a long-standing project. In order to
expedite the evaluation of the two (2) website bids, a website committee was formed. The
Website Committee consisted of seven City employees, the City Manager’s Office, and Steve
Brodsky (XEGC Director). After reviewing the two vendor bid responses and their
demonstrations, the Committee concluded a brand assessment process was needed. The current
website displays the Xenia logo, “City of Hospitality,” a bicycle, and other features intended to
provide an image for the City. The Committee felt it would be advantageous to review this
“logo”. They would not necessarily change it—they may just add to it. The website will not
only be used to provide information to the public, but it will also be used as a marketing tool.
The brand assessment services precedes the website development services. He noted Edgar
Cardenas, Information Technology Manager, and some members of the Website Committee
were available for questions.
Motion by Councilman Propes, seconded by Vice President Miller, to award the bid for Website
Development Services to Nova Creative for $9,700. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to award the quote for Brand
Assessment Services to Nova Creative for $4,500. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Items for the Finance Director: None.
Law Director’s Office:
Second Readings of Ordinances and Resolutions:
Mr. Lewis presented an
ORDINANCE AMENDING THE ZONING MAP OF THE CITY XENIA BY DESIGNATING
CITY ZONING TO 14.02 ACRES OF LAND LOCATED EAST OF WILSON DRIVE
TERMINUS WITHIN THE WGC GOLF COURSE, and it was read for a second time.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Ordinance Number 07-02
be now passed. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
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 2006 COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR), and it was read for a second time.
Motion by Councilman Propes, seconded by Councilwoman Mills, that Ordinance Number
Nays: None
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 2007, and it was read for a second time.
Motion by Mayor Pennewitt, seconded by Councilman Propes, that Resolution Number 07-B be
Nays: None
motion carried.
Introduction of Ordinances and Resolutions: None.
Items for the Law Director: None.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes said he
hoped this year would be as good as last year. He looks forward to the up-coming year.
President Felton congratulated Councilman Propes.
Councilwoman Mills said the City Parks and Recreation Department’s Annual Cheerleading Expo
would be held at Central State University (not Xenia High School) on February 23, 2007. More
information is available on Channel 10. She encouraged everyone to attend this great event.
Mayor Pennewitt congratulated everyone. She thanked Dr. Esprit for serving as Council
President last year. She then gave the following Mayor’s Report:
1.
2.
3.
4.
5.
6.
11/28/06 – Attended a Hall of Fame meeting.
11/28/06 – Attended the Band of Flight concert at Xenia High School.
11/30/06 – Opened the City’s Christmas Celebration event.
12/1/06 – Attended the ribbon cutting and welcome at the office of Luwanna Brown, CPA.
12/1/06 – Guest at the Wing Commander’s Holiday Reception.
12/2/06 – Attended the Holiday Reception at AFMC Headquarters Building.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
12/3/06 – Guest at the Xenia Adult Recreation and Service Center’s Volunteer Dinner.
12/3/06 – Attended the Habitat for Humanity home dedication.
12/3/06 – Guest at the Community Christmas event at Cedarville University.
12/4/06 – Met with David Mabry of the Marriage Resource Center.
12/6/06 – Attended an XEGC meeting.
12/9/06 – Attended the Christmas Dinner Theatre event held at Xenia Grace Chapel.
12/11/06 – Toured Wise Manor Complex (Greene Metropolitan Housing project).
12/13/06 – Attended CIMS (Contact & Information Management System) seminar.
12/14/06 – Attended the Toast of the Town event held at Engle’s Florist.
12/15/06 – Attended the Austria Christmas Party at the Xenia Adult Recreation & Service Center.
12/16/06 – Attended the Insiders Breakfast at Central State University.
12/18/06 – Attended the ribbon cutting at “What’s Brewing,” a new coffee shop located at
100 N. Detroit Street. It has great coffee.
19. 12/19/06 – Attended the Kiwanis Christmas Dinner.
20. 12/20/06 – Attended the swearing in ceremony of Greene County Commissioner, Alan Anderson.
21. 12/22/06 – Presented a Proclamation in honor of John Sale Manor’s 30th Anniversary Celebration,
which was built shortly after a church at that location was destroyed in the 1974 tornado.
Councilman Esprit congratulated President Felton and Vice President Miller. He looks forward
to working with them.
Councilman Engle said he also attended John Sale Manor’s 30th Anniversary Celebration, which
was a nice event. He thanked former President Esprit for his service last year and welcomed
President Felton and Vice President Miller. On Tuesday, he attended the Greene County
Trustees’ meeting and shared the GMH Resolution read at tonight’s Council meeting. They
were interested in the Resolution and took it into consideration for future discussions.
Vice President Miller wished the “Happiest Birthday” to the happiest little boy, his son Connor,
who is celebrating his third birthday tomorrow. He also wished his father, who was born
January 11, 1922, the “Happiest Birthday.”
President Felton thanked everyone for their votes. She thanked Dr. Esprit for serving as Council
President last year. Council got a lot done last year but have much yet to do. She explained to
the citizens, the Resolution of Support for Greene Memorial Hospital is to keep Greene
Memorial Hospital in Xenia, which is important. If citizens agree, she encouraged them to write
letters to the Xenia Daily Gazette.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Mayor Pennewitt, to adjourn
the Regular Session at 7:55 p.m. No discussion followed. The Roll on this was the following:
Nays: None
motion carried
Xenia City Council
Patricia L. Felton, President
Xenia City Council
January 25, 2007
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on January 25, 2007, at 5:30 p.m., in the
First Floor Conference Room, City Hall, with the following members present: William R.
Miller, Michael D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A.
Pennewitt, and Patricia L. Felton.
Motion by Councilman Engle, seconded by Councilman Propes, to go into an Executive Session
to discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
The City Council convened in Executive Session to discuss Personnel Matters.
Special Session
6:00 p.m.
At 6:06 p.m., the City Council adjourned the Executive Session to meet in a Special Session in
the City Council Chambers, Second Floor, City Hall, with the following members present:
William R. Miller, Michael D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills,
Phyllis A. Pennewitt, and Patricia L. Felton.
Presentation by Xenia Community Schools. Dr. Robert P. Dillaplain said the School Board
wanted to ensure Council is aware what is being considered. For the last two years, they have
had the opportunity to secure extra money from the State (with matching local funds) to allow
them to build, reconstruct, and renovate a number of old school buildings. They recently learned
if they withdrew from that program and reapplied, they could secure another $3 million in
funding and remove $3 million from the homeowners through a bond issue. Through much
research, traveling around the countryside, and after a recent convention in Columbus, they
became aware of a different thought process. The thought process has to do with sharing and
partnerships. Tonight, they are sharing a concept entitled “Under One Roof.”
“Under One Roof”
A Story of Partnerships:
Pooling of Resources
Sharing Expenses
Delivering Maximum Public Benefit
Imagine a single public facility that would house:
1,500 students with all the extra-curricular activities
A library that is open from 9 a.m. to 9 p.m.
Pool and exercise facilities open from 5 a.m. to 9 p.m.
A child care center
XCC Special Session Meeting Minutes, 01-25-07, Page 2

A sports medicine/general medicine health provider
A business promotion center with a daily pedestrian flow of over 10,000 persons
The Model of Success: Lake Local Schools
The School Board visited a facility at Lake Local Schools located at 11936 King Church Avenue
NW, Uniontown, Ohio (halfway between Akron and Canton). It is the brainchild of three
individuals – Bennett Fireman, Ph.D., Vice President of Mercy Medical Center; Tim Shetzer,
YMCA Director; and William Stetler, Superintendent of the Lake Local School District. These
three individuals came together and brought to fruition the “Under One Roof” concept.
Dr. Dillaplain showed a picture of the above-mentioned facility, which is located on
approximately 35 acres. The facility includes a Junior and Senior High School with a suspended,
covered walkway.
A Paradigm: Providing Services to Our Public
Traditional Delivery
A Better Concept
Agency One, Agency Two, & Agency Three Agency One, Agency Two, & Agency Three
Acting Separately
Overlap
Each single agency provides separate services This concept brings together all three (or any
to the public with its single revenues and number of agencies) together so they overlap.
single expenses, and delivers its services to This would represent an effective increase in
the public in isolation to any other agencies.
revenues available for public service. This is
the new paradigm they are recommending for
consideration – it does exist.
Current Partners at Lake Local Schools:
Stark County District Library (which was the first facility on board)
Lake Local School District
YMCA Central Stark County
Mercy Medical Center, Canton
Lake Township Chamber of Commerce
Stark State College
Coming Soon – Senior Center
Dr. Dillaplain said the Lake Local Schools started with an existing facility. The Xenia
Community School Board is looking for partners who are willing to share with them and start
from the beginning rather than being an addition to an existing building. The Superintendent at
the Lake Local Schools was able to convince twelve separate boards to go along with his plan.
The vote was unanimous at each board. The floor plan shown is centered around a center
hallway called “Main Street.” Below the hallway is a school and above the hallway is where the
agencies are located. It includes a 650-seat performing arts center, a competitive gym, the high
school library, and a district library with a wall between with free passage. At night, Stark State
College uses two rooms and all the computers in the high school library. Also included is a
Cafeteria Commons with quality catering, which caters to the YMCA, the Chamber of
Commerce, and other public service agencies. The Field House includes three full courts and
two half-courts as well as a suspended running track. The YMCA has a childcare facility and an
Olympic size swimming pool.
Dr. Dillaplain said this Model of Success has worked. In this case, the estimated savings of
public monies was $4 to $6 million, which is in a community half the size of Xenia. He said
three diverse communities (Village of Hartville, Village of Uniontown, and Lake Township)
united in the 1950’s but they fought over the school systems, and since then, two school systems
were eliminated. In the 1980’s, they had a severe financial crisis and had Ohio’s longest teachers
strike. The schools fell into disrepair and enrollment was dropping.
The District:
•
20,000 adults (Xenia has closer to 40,000)
•
3,600 student population (Xenia has closer to 5,200)
•
$40,000 average household income (Xenia’s average household income is $28,000)
•
Less than 11% student population is on the free lunch program (Xenia is a little higher)
Stark County District Library:
Prior to 1996, the library was located in the back of a firehouse and considering leaving the
community. Now the library has over 10,000 sq. ft. under roof and the second largest circulation
of the ten county library branches, complete with a coffee shop. The high school student
population is 1,100, and on a clear day after school, he counted over 100 kids at the library.
Lake Local Schools:
The Lake Local School facility is located in a rural/urban setting with a mixture of old and new
construction dating back to 1973. One constraint imposed by the State when a School Board
applies for renovation money is they must have a certain amount of square feet or open ground
per student in each school. The Lake County School facility uses rural roads for ingress and
egress and is surrounded by cornfields, a few small residential developments, and a large flea
market. Several entrances are used to access Mercy Medical Center, the YMCA, and the
complex.
Central Stark County YMCA:
When the new 49,000 sq. ft. facility opened in 2004, the YMCA planned on a top enrollment of
3,000 and presently has over 6,000 members. The average daily attendance is 1,100, which is
5% of the adult population. Between the hours of 2:30 p.m. and 2:45 p.m., an average of 250
kids use the facility. The exercise facility is used heavily every day. The facility has an Olympic
size pool with four lanes. The 60-member school swim team that began in 2004 beat the top
swim contenders in the area. The Hershey Company provided financial assistance and their
name appears on the pool walls. A wall separating the YMCA property from the Field House
displayed banners acknowledging other major business contributors.
Mercy Medical Center, Canton:
The 8,000 sq. ft. center has been open for one year and will be expanding soon by another
4,000 sq. ft. The Superintendent vacated his office to allow for the expansion. Sports Medicine,
Family Medicine, Radiology, Physical Medicine, and Internal Medicine are located on site. It is
the responsibility of the Superintendent and School Board to educate children. The Stark County
Schools are teaching quality of life issues. All graduating students are CPR qualified and receive
a health profile with a letter from Mercy for suggested follow-up. The schools also give
instructional assistance. Children are not only being taught the fundamentals or reading, writing
and arithmetic but are also learning how to live a healthy lifestyle. Mercy Medical Center also
provided the signage for the complex.
This sounds like a lot of money – how did they do it?
The School Board owns the entire facility and jumped on board with a $26 million levy for
district wide renovations of buildings. Some of the money built the Field House, but it was also
used to complete district wide renovations to other schools. The library added $500,000 to build
the three outside walls, because they wanted outside exposure. The YMCA had a fundraising
campaign, which raised $3 million. The Mercy Medical Outpatient Facility (not shown on the
floor plan) contributed $300,000. The School District had a successful grant and donor
campaign from individuals and corporations, which raised between $2 to $3 million.
Xenia Community Schools
Coming Opportunities:
Approximately $100 million is needed to build the schools. They estimated receiving $50
million State money and $50 million from a local bond issue to provide matching money. That
would not include auditoriums, land acquisition, etc. The previous plan included building a new
high school, but they feel they now have a better plan. They need to look for partners, because
whatever is done with the high school will directly affect the City and every business. They need
to find and promote a message about the advantages of using the school for all residents of
Xenia. School buildings should no longer be used just from 9 a.m. to 3 p.m.
Other Opportunities:

Need to improve YMCA facility
Need a community center
Need for continuing education availability
Need for accessible health care
Need to promote Xenia’s commercial and residential offerings both internally and externally
Need for adult and youth recreation
Dr. Dillaplain said the School Board has decided to consider this concept in order to deliver the
biggest bang for the dollar. They want to provide the greatest good for the greatest number of
people and provide the maximum benefit while conserving limited public dollars. When this
was presented to the School Board on January 9th, a Resolution was unanimously passed by the
Board directing the Superintendent to form a Feasibility Committee. The Feasibility Committee
should be comprised of individuals who have an interest in this concept and want to sit down and
talk. They know what the schools need, but if there is another partner, they do not know the
needs of that organization or individual. Everyone needs to sit down to talk and coordinate
services. Within the last ten days, Dr. Lewis, Mr. McClelland, and he have been presenting this
concept, and they will pursue following this successful model.
The Feasibility Committee has enlisted the following:

Xenia YMCA
Greene County Public Library
Clark State Community College
Xenia Adult Recreation Services Center
Mayor Pennewitt would like to participate
Kettering Medical Center
Greene County Combined Health District
Xenia Community Schools
Sinclair Community College
Central State University is interested
Dr. Lewis said they are looking for other partners to participate and are having discussions with
other hospitals. He has been intrigued with this notion for a number of years. Tecumseh and
Shawnee Schools are grand old buildings but are not meeting compliance requirements. Many
buildings have roofing and HVAC issues. He and David Thompson, YMCA Director, visited
the Toledo YMCA that is in partnership with the Toledo Public Schools and Toledo Mercy
Medical Center. It was a very impressive complex. They also visited the complex in
Englewood, which included the YMCA, Kettering Medical Center, and Sinclair Community
College. He visited Oak Hills School in Cincinnati, which has a Fire Department connected to
the School Board office. He visited Mason High School and the Trent Center in Kettering. All
of them have different forms of collaboration. The Lake Local Schools is a great model.
However, an advantage to starting now is they do not know how the school project will look.
Lake Local School took an existing building and figured out a way to accommodate everyone’s
needs within that structure. The Xenia School Board is considering several options, which
should be received within the next few months. They will then discuss the best configuration,
with input from community members, parents, and staff. They may not like the configuration
and may ask the architect to make changes. Once they decide on the configuration and have
sincerely interested partners involved, they will look at a state of the art facility. The model seen
is good, but planning from the beginning is an outstanding opportunity.
Dr. Lewis said they have some idea about the costs involved in this project but that may change
once the configuration is decided. Based on the suggested 2003 building project with inflation
and bonds in 2009, it would have been about five mills. People are strapped. Last year four
renewal levies were passed, which were very much appreciated and they are thankful for
Council’s support. In 2006, they were not asking for new money. He hears people say, “We’re
taxed, we’re taxed, we’re taxed.” As is the case in Xenia and many other districts, 20% of Xenia
adults have children and grandchildren in school. As Dr. Dillaplain said, they could ask for
taxpayer support to build new schools; however, 80% of residents think the schools are just fine.
They want the needs of senior citizens met, good affordable daycare, the YMCA upgraded, a
community recreational program, and a community college that offers night classes in the Xenia
community. For the added millage and savings of building maintenance, this concept might be
more attractive than building new schools.
Dr. Lewis introduced J. Richard McClellan who has been a member of the Xenia Board of
Education for 13 months. He then entertained questions from Council.
Councilman Propes said he realized working with the Ohio School Facilities Commission can be
a daunting task as they have many standards and requirements for school buildings. He
wondered how Lake County Schools navigated through the building process since the building
has various uses. He asked what problems they encountered.
Dr. Lewis said the Ohio School Facility Commission is trying to provide uniformity across Ohio.
If a district chose to do something beyond, it became a local responsibility. They have rules for
how many acres are required for so many students, square footage for classrooms, which vary
depending on the grade, etc. He did not see that being problem. Having a partnership with other
interested parties should be a boon when the plan is presented to the Ohio School Facilities
Commission.
Dr. Dillaplain noted the money Lake County Local Schools received was done before, and they
are not eligible to apply. Mr. McClellan added since they are starting with a clean sheet of
paper, it is easier to work around the Ohio School Facilities Commission requirements, than if
they already had a plan and tried to add on the complex.
Councilman Propes said he worked with Springfield City Schools when they went through the
daunting task of working with the Ohio School Facilities Commission. Some of the
requirements are ridiculous.
Councilman Esprit noted the plan was just for the facility and did not include land acquisition.
Dr. Dillaplain said the Ohio School Facilities Commission plan does not allow land acquisition
to be used to offset the $50 million local contribution. It is a matching program with the State
contributing a certain dollar amount to be matched by local funds. They cannot use the cost of
land of acquisition, auditoriums, and cafeterias to match the State funds. So, they must go to the
public and show they have money for classrooms but they need money for cafeterias or an
auditorium. Dr. Lewis said a football stadium, auditoriums, and swimming pools are considered
amenities. If the YMCA became a partner, there may be the possibility for many recreational
aspects of a center that the school system could not afford to build just for school use. However,
gymnasiums are used for weekend, after school and summer activities including the City
Recreation programs. That would also be an effective way to strengthen a partnership that
already exists.
Councilwoman Mills clarified the State would contribute $50 million and the $50 million local
match is only used for the school system. She asked what would happen if the other partners
cannot come up with the money they promised to contribute. Dr. Lewis said attorneys would be
part of organizing signed contracts and agreements before they begin building. It is a promissory
note stating that over the next thirty years, they will be paying (or leasing) this from the school
system, which pays off the loan.
Councilwoman Mills noted the Lake County Local School facility is located on 35 acres. She
asked if the Xenia Community School Board is planning to build a facility in a rural setting.
Dr. Lewis said they have no idea what they need or what is available. As a district, they have
quite a few campuses with a lot of land. It is probably smart that nothing has been
predetermined since they do not know who the partners will be or their square footage needs.
They need to critically look at what they have.
President Felton asked if Xenia High School was located on 43 acres. Dr. Lewis said yes.
Dr. Dillaplain said the commitment is to the word partnership. They want people to come to the
table and be partners. If they come to the table with predetermined ideas that are unyielding,
they will lose partners. All Board members are committed to the word “partnership.” To discuss
site locations at this time is extremely premature. Their goal is to get the Feasibility Committee
formed to bring people to the table to find out who can offer the best services to the public.
Then, they will discuss finances and site selection.
Dr. Lewis said there would be a lot of dialogue and planning. The Ohio School Facilities
Commission will come to them within the next 45 days and present options. They will get input
to see which options they like best. If they do not like the options, they may ask the architect to
come up with something different. They will enlist a professional to host community focus
groups. One would include the entire community and the other would include the Xenia School
internal population. They need to find out (1) the capacity of support; (2) how the community
feels about partnerships; and (3) what would be done with Veterans Field/Cox Stadium? If they
discover there is overwhelming sentiment to keep Veterans Field at its present location, money
would be spent on improvements. If the majority of the community would like to see a new field
located at the site of the new high school, it would not make sense to expend money on Veterans
Field. Within the next few months they hope to have the focus groups and the Feasibility
Committee formed. They would like the Feasibility Committee members to travel to Canton to
ask questions of the Lake Local School facility members. By summer, they should have a
general idea of the building, what will happen with the stadium, and an idea of where they are
going with partnerships.
President Felton asked the School Board representatives if they wanted to make a presentation at
the televised Regular Session tonight. Dr. Dillaplain said that would be a means to reach the
public. President Felton asked if any members of Council objected to hearing the presentation
again during their Regular Session for the benefit of the viewing audience. No objections were
heard.
ADJOURNMENT: The Special Session was adjourned at 6:55 p.m. for a short break before
convening in Regular Session.
Xenia City Council
Xenia City Council
January 25, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on January 25, 2007, at 7:07 p.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller, Michael
D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and
Patricia L. Felton.
INVOCATION: Charlie Huff gave the invocation after which all joined in the Pledge of
Allegiance.
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilman Propes,
to approve the January 6, 2007, Special Session minutes as written. No discussion followed.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to approve the January 11,
2007, Special Session minutes as written. No discussion followed. The Roll on this was the
following:
Ayes:
Abstain:
Nays:
Miller, Esprit, Propes, Mills, Pennewitt, and Felton
Engle
None
motion carried.
Motion by Councilman Engle, seconded by Councilman Esprit, to approve the January 11, 2007,
Regular Session minutes as written. Discussion followed. Mayor Pennewitt noted on page 1,
under Reorganization of City Council, the minutes should read Mr. Lewis not Ms. Lewis [fourth
sentence], and they should reflect the correct spelling of the first name of Tim Blackbern (not
Ken). Mr. Bazelak noted the corrections. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Propes, seconded by Vice President Miller, to amend the agenda to allow
the Xenia Community School Board to make a presentation. No discussion followed. The Roll
on this was the following:
Nays: None
motion carried.
Presentation by Xenia Community Schools: President Felton invited Xenia City School Board
representatives, Dr. Lewis, Mr. McClelland, and Dr. Dillaplain to come forward to do a
presentation. She noted City Council had seen the presentation but felt it was important for the
citizens to hear about the new program being proposed. A PowerPoint presentation was used to
share the information.
Mr. McClellan thanked Council for inviting them to attend tonight’s Council meeting. The
Xenia School Board is looking at a wonderful opportunity to not only partner with the City of
Xenia but also with other organizations within the community for the benefit of all citizens.
Dr. Lewis said the Xenia Community Schools are targeted in 2009 to receive $50 million from the
State as part of their Ohio School Facilities Commission Building Project (the local share is around
$50 million). As they inventoried the buildings and needs of the community regarding recreation,
senior citizens, community colleges, health care, etc., they felt a more attractive proposition to their
constituents might be to look at partnerships during this building process. In November 2006,
Dr. Dillaplain attended a School Board Conference where a program on a school building
partnership program in Stark County (Lake Local Schools) was presented. Before the conference,
he visited with Xenia YMCA Director, David Thompson. Mr. Thompson is from Toledo and they
have a similar project that combined the YMCA, a local hospital and the local public high school.
Mason, Kettering, and Englewood have similar partnerships with their YMCA’s.
Dr. Dillaplain used a PowerPoint to discuss the concept of “Under One Roof.” (Please refer to
the January 25, 2007, City Council Special Session minutes for highlights on the presentation.)
Dr. Lewis said they believe the timing is perfect. The Lake Local School system had a school
facility in place and added their partners in phases after the fact. With the knowledge they have
and $50 million in school facilities money within the next three years, they feel it might be more
attractive to the community if they can take care of some of the other needs along the way.
Dr. Lewis entertained questions from Council.
President Felton asked if appointing Mayor Pennewitt, Vice President Miller, and City Manager
Ken Johnson to the Feasibility Committee would be a problem. Dr. Lewis said three appointees
would be fine.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to appoint Mayor Pennewitt,
Vice President Miller, and Ken Johnson to the Feasibility Committee. No discussion followed.
Nays: None
motion carried.
President Felton asked the above-appointed members to attend meetings when they are able and
report back to Council. She then requested Council take a break at 7:45 p.m. Council
reconvened at 7:52 p.m., with the same members present.
PUBLIC HEARING:
2007 Operating and Capital Budgets (Introduction of Final Appropriations Ordinance for
CY 2007). Mr. Johnson used a PowerPoint to present this agenda item.
ASSUMPTIONS:
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Stable economy with modest income growth.
Union and non-union wage increase at 3 percent.
Workers Compensation rates are based on 2006 numbers.
Recent utility rate increases are appropriate and will support needed improvements.
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Employee headcount is based on 2006. They are requesting one additional position and one
upgrade at this time. Other staffing issues will be addressed after the Classification Study is
submitted.
Maintain current service levels.
Continue efforts to manage overtime and employee absenteeism.
Review each position vacancy to determine if the position can remain unfilled.
Maintain a positive balance in each fund and improve budget management skills.
Expect continued revenue stream from EMS billing.
Expect continual fluctuation in energy and fuel costs.
Health insurance rates will increase by only 3.5%, and not the previously assumed 10% increase.
This equates to a savings of $87,000.
BUDGET GOALS:
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Hold down variable operating costs and keep operating budgets lean.
Build key fund reserves while anticipating interruptions of revenues.
Focus capital improvements on streets, parks, and downtown streetscape/revitalization.
Continue key projects and programs including water and sewer infrastructure projects; facility
improvements; and technology improvements.
Continue efforts to manage benefit costs.
LIMITATIONS:
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Constantly changing budget information.
Tighter budget requires more daily adjustments affecting base budget.
Many of the Capital Improvement Plan expenditures are distributed between different funds on
different lines and there may be more than one in a given fund. The design does not easily
translate to the City’s detail process making it difficult to identify the total project cost.
The Capital Improvement Plan is based on uncertain and new funding sources including recently
adjusted utility service rates.
Fiscal year change created challenges: (1) some automatic analysis is more difficult; (2) budget to
budget comparisons are harder; (3) complications with carryovers and encumbrances.
Some newer department staff are still in a learning curve; they are still working on some last
minute adjustments and some additional changes are still needed.
SUMMARY:
2006 Actual
2007 Budget
Net Change
Key Operating Fund Revenues:
$16,243,291
$16,803,979
3.5%
SUMMARY:
2006 Actual
2007 Budget
Net Change:
Key Operating Fund Expenditures (primarily wages, benefits, and inflation):
$16,139,272
$16,700,658
3.5%
City of Xenia All Funds Summary – 2007 Operating Budget:
Fund
General Funds
Special Revenue Funds
Capital Project Funds
2006
$15,014,883
$ 2,671,758
$ 4,618,768
2007
$15,510,533
$ 2,734,093
$ 3,618,679
Enterprise Funds
Debt Service Funds
Internal Service Funds
Trust Fund
Total Budget
$10,605,913
$
78,664
$ 748,274
$
20,931
$33,758,482
$16,385,956
$
80,210
$ 808,719
$
39,970
$39,178,160
ON THE HORIZON:
Planning and work has begun on the 2008 Budget, and Council input and direction will be
needed. Financial Management Policies need to be reviewed, revised, and updated. The 2008
Budget Cycle is being drafted and should be available very soon. Phase Two of the Capital
Improvement Plan will be the subject of early Council Work Sessions.
Mr. Johnson noted Council received an attachment that contained answers to their budget
questions. He reviewed information on background checks, Blackberry upgrades, etc. He noted
the cost for Fire Chief Leaming to transport turnout gear for cleaning in Springfield is
approximately $10,275. He further noted a suggestion was made to increase the Shawnee Park
summer concert budget by $2,000 but no consensus was reached. The current budget does not
include additional funds and an amendment would be needed should Council so desire.
President Felton felt $2,000 needed to be added to the Parks and Recreation Budget in order to
hold one concert every Sunday evening over a six-week period. Council agreed. BRACA will
try to set up a sub-committee to raise funds to help pay for “Music in the Park.” However,
BRACA will be unable to raise much money this year. She asked Council to support adding
$2,000 to the Recreation Budget. Council agreed.
President Felton opened the Public Hearing at 8:10 p.m., and asked those in favor of the
ordinance to come forward to speak. No one came forward to speak. President Felton asked
those against the ordinance to come forward to speak. No one came forward to speak. She then
invited anyone who wished to speak neither for nor against the ordinance to come forward to
speak. No one came forward to speak.
President Felton closed the Public Hearing at 8:11 p.m., and entertained questions or comments
from Council. Councilwoman Mills thanked Council for the additional money for Parks and
Recreation.
Councilman Esprit 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, 2007.
President Felton explained Council would pass the Ordinance as an emergency at their next
regularly scheduled Council meeting. She asked Mr. Johnson to meet with Vice President Miller
to discuss the Blackberry upgrades.
and invited anyone who wished to speak to come forward. No one came forward to speak.
Mayor Pennewitt said audience member Alex Sprinkle, representing St. Brigid Boy Scout Troop
#140, is working on his Communications badge, but he did not wish to address Council tonight.
BOARD AND COMMISSION ASSIGNMENTS FOR 2007. President Felton said a
memorandum indicating the Board and Commission Assignments for 2007 was distributed. She
entertained a motion.
Motion by Vice President Miller, seconded by Councilman Esprit, to approve the Board and
Commission Assignments for 2007, as presented by President Felton. Discussion followed.
President Felton said new Council members agreed to shadow other members to learn how the
various Boards operate. She thanked Council for their cooperation. The Roll on this was the
following:
Nays: None
motion carried.
Planning & Zoning Commission:
cancelled due to lack of agenda items.
Mayor Pennewitt said the January meeting was
Mayors & Managers: Mayor Pennewitt said there was a meeting on January 10th. The
guest speaker was Sue Cave, Executive Director of OML, and the topic was legislative outlook.
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New Executive Branch
o Watch for the Governor to put his mark on the budget.
o Appointment Board may become active looking at redistricting.
Looking at new leadership assignments; Miami Valley is well represented on both sides.
Looking forward to the November ballot issues; there are several likely topics:
o School Funding Initiative including the rollback provision.
o Strip Club regulation – State may attempt to preempt municipal regulations.
o Eminent Domain – Try to move allowable uses away from Municipal definition to the
State, which is restricted to highway construction.
Ms. Cave is still reviewing the Governor’s appointment to key positions, and so far, there are
some good City oriented people being named.
Identified a study posted on the Department of Taxation website indicating the relative
dependence of various cities on State funding.
Indicated there seems to be less interest in doing away with the remaining Estate Tax since the
first one was eliminated.
Highlighted a few of the last minute lame-duck session items including the red light cameras,
concealed carry amendment, and lead-based paint litigation.
Summary: “Get to know your legislators, key leadership appointees, the Governor, and
communicate – communicate – communicate!”
President Felton said she was concerned about the term limits recently passed. They have had
representatives with a little power, and in a few years, they will be gone. They really need to
start networking.
Miami Valley Regional Planning Commission: Mayor Pennewitt said she was unable
to attend the meeting, but Councilman Esprit attended and would give the report. Councilman
Esprit said the topic of discussion was the U.S. 42 Northeast Corridor from Xenia to Cedarville.
A study of Phase I has been completed; the project will take four to five years to complete. The
issue of water was not included in the study, but they promised to add that. It is also important
that Central State and Wilberforce Universities be involved in future discussions. He said $25
million is included for Phase I and another $25 million for Phase II. City Planner Nimfa
Simpson has a copy of the complete study. Mayor Pennewitt said it appears the project will be
delayed due to lack of funding. It is an important issue; there has been one death on U.S. 42
North and several major accidents. She suggested citizens contact their State and local
representatives if they are interested in improving U.S. 42 North.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said BRACA
met on January 9th. The Board reviewed their accomplishments for 2006, and goals and
objectives for 2007. City Manager Ken Johnson and Community Development Director Mary
Crockett gave presentations about budget issues so BRACA could be better prepared for the 2008
budget. The Parks and Recreation Department said the basketball season has been successful to date.
The Cheerleading Expo is scheduled for February 23, 2007, at Central State University. The
doors will open at 6:00 p.m., with performances beginning at 7:00 p.m. If anyone has questions,
she suggested they call the City Parks and Recreation Department. She noted there has been a
vacancy on BRACA since the resignation of one member in October 2006. However, the
member only attended one meeting in 2006; therefore, the position was essentially vacant for all
of 2006. Applications were solicited, and three letters of interest were received. She conducted
telephone interviews with each candidate.
Motion by Councilwoman Mills, seconded by Vice President Miller, to appoint Ms. Heather
Beem to fill a vacancy on the Board for Recreation, Arts, and Cultural Activities with a term
expiring on July 31, 2009. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Vice President Miller said there is a vacancy on the Board of Zoning Appeals. One Board
member is moving to Cincinnati to be the project manager for construction of a children’s
hospital in West Chester, which should take approximately five years. BZA deals with building
issues and having continuity in the City. A resident attended the last BZA meeting and stated
she submitted an application to serve on either BZA or the Planning and Zoning Commission.
He asked citizens to contact City Hall if they were interested in serving on BZA.
Mayor Pennewitt said as Vice President Miller noted, there is also a vacancy on the Xenia
Planning and Zoning Commission. XPZC meets once a month (occasionally twice monthly). It
is a very important Commission. She encouraged citizens to contact the City Clerk if they are
interested in serving.
President Felton noted all Board and Commission vacancies are posted on the City’s
Government Channel 10.
ITEMS FROM CITY COUNCIL AND MAYOR: None.
REPORTS OF CITY OFFICES:
Emergency Ordinance Authorizing Request to Ohio Board of Building Standards for
Certification as a Residential Building Inspection Department. Mr. Johnson said the Ohio
Building Officials Association (OBOA) created a code development process that resulted in an
updated model residential building code. This action is necessary to get the City certified and
gives the City the option of being a stand-alone agency or to contract the services out. This does
not obligate the City to conduct those businesses nor does it adopt those codes, which will be
coming forth later. The reason Council is asked to pass this as an emergency is because there is a
deadline that needs to be met. They have been in discussions with the Greene County Building
Inspection Department to work out issues. Xenia has retained the building certification with the
Board of Building Standards and now is requesting authorization to submit an application to the
Board of Building Standards to become certified as a residential building department as an
independent. He noted Dave Price, Director of Homeland Safety/Risk Management, was present
to address any questions.
Vice President Miller presented an ORDINANCE AUTHORIZING A REQUEST TO THE OHIO
BOARD OF BUILDING STANDARDS TO CERTIFY THE CITY OF XENIA, OHIO, FOR
ENFORCEMENT OF THE RESIDENTIAL CODE OF OHIO TO EXERCISE ENFORCEMENT
AUTHORITY AND ACCEPT AND APPROVE PLANS AND SPECIFICATIONS, AND MAKE
INSPECTIONS, AND DECLARING IT TO BE AN EMERGENCY.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that the rules requiring the
Vice President Miller said the State has a separate set of codes given to cities to use for
buildings, which makes it impossible for those renovating to bring their buildings up to code. It
is difficult for an inspector to use two different sets of codes. He asked if it was possible for the
City to share the codes with businesses that are willing to renovate so they understand there is a
separate set of codes for existing buildings.
Mr. Price said Vice President Miller was referring to Chapter 35 of the Commercial Building
Code, which deals with trade-offs for historic buildings. This ordinance deals with buildings
constructed as one-, two-, and three-family dwellings only. Vice President Miller asked if the
downtown business owners have access to Chapter 35, because he did not think they knew about
it. Mr. Price said he would be glad to work on making that available to them. An example of a
trade-off is if the building owner installed a fire alarm system, other requirements would be
waived.
Nays: None
motion carried
Nays: None
motion carried
Renewal Health Insurance Benefit for City Employees. Mr. Johnson respectfully
requested Council approve a renewal of the health insurance program provided by Xenia to its
employees with Anthem Insurance (Blue Cross/Blue Shield HMO) beginning April 1, 2007. The
original 2007 budget submitted for Council review was based on a projected 10% increase based
on historical utilization and the medical inflation cost trends. The renewal rates reflect a betterthan-predicted utilization experience on the part of covered employees. The 3.5% increase
calculates to a savings of approximately $87,000 from the initial 2007 Operating Budget.
Motion by Councilman Esprit, seconded by Councilman Engle, to authorize the City Manager to
accept the rate renewal for the Anthem HMO health insurance plan beginning April 1, 2007. No
discussion followed. The Roll on this was the following:
Nays: None
motion carried
Mayor Pennewitt thanked City employees for staying well. All agreed.
Items for the City Manager: Councilman Propes noted in the Mayor’s monthly report,
the Wastewater Treatment Division has had no violations in over two years. He asked the City
Manager to commend and thank the staff for the hard work they do in maintaining safety.
Mr. Johnson thanked Councilman Propes for the compliment and acknowledging the hard work
done by staff.
President Felton asked Mr. Johnson to share news about a recent certification obtained by
Human Resources Technician Tasha Peters. Mr. Johnson said Ms. Peters recently received a
professional certification (PHR) under the Society for Human Resource Management for passing
a comprehensive examination. The exam covers every aspect of human resources and personnel.
She is now a certified professional in Human Resources. President Felton asked Mr. Johnson to
share Council’s congratulations.
Motion by Vice President Miller, seconded by Councilwoman Mills, to approve payment of bills
Ayes:
Abstain:
Nays:
Miller, Engle, Esprit, Propes, Mills, and Felton
Pennewitt
None
motion carried.
Mayor Pennewitt said she abstained because she serves on the Xenia Adult Recreation Services
Center Board.
Law Director’s Office: Mr. Saunders said yesterday the Supreme Court heard an oral
argument on a new issue regarding DUI. They expect that decision within the new few weeks.
The Supreme Court also heard oral arguments several weeks ago on Issue II, the domestic violence
issue concerning same sex couples and unmarried couples that are involved in domestic violence
situations. They expect some big changes in those two areas, which are a large portion of their
docket. They plan an in-service for the Xenia Police Department in February on the DUI issue.
Second Readings of Ordinances and Resolutions: None.
READING OF COMMUNICATIONS AND DISCUSSION:
following Mayor’s Report:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
Mayor Pennewitt gave the
1/4/07 – Attended a meeting with Greene Memorial Hospital and Premier Personnel
1/4/07 – Presented a Proclamation to Wilberforce University President Flack
1/5/07 – Met with Greene County Commissioner, Ralph Harper
1/8/07 – Met with Blue Jacket Executive Director
1/8/07 – Attended Xenia Community School Board meeting
1/9/07 – Met with Bud Schindler of Legacy Ministries
1/9/07 – Attended the MVMAA Reception
1/10/07 – Met with Greene County Commission, Alan Anderson
1/10/07 – Attended Mayors and Managers meeting
1/11/07 – Met with Greene Memorial Hospital CEO
1/11/07 – Attended the Toast of Town at Greene County Eye Care
1/12/07 – Welcomed the Jackson-Hewitt Accounting firm located at 182 Charles Street
1/12/07 – Spoke with Athletics in Action personnel
1/15/07 – Words of welcome – Martin Luther King, Jr. event held at Central State University
1/15/07 – Attended the Martin Luther King, Jr. Celebration held at First Christian Church
1/16/07 – Met with Greene County Commissioner Rick Perales
1/16/07 – Spoke with concerned citizens
1/19/07 – Lunch with Central State University personnel
1/19/07 – Attended “Never the Sinner” play, an X*ACT performance
1/23/07 – Attended the 2007 Rail & Arts Fest Committee meeting
1/24/07 – Enjoyed Mimi’s Cafe Celebratory FEAST of Dedication in Beavercreek
1/24/07 – Attended the Hospitality Reception
Councilman Propes and Councilman Esprit had nothing to share.
Councilwoman Mills said she attended a Cedarville City Council meeting to encourage their
support in keeping Greene Memorial Hospital in Xenia; they proposed a Resolution of support at
their last meeting.
Vice President Miller asked to have all his reports and agendas e-mailed to him.
Councilman Engle congratulated his daughter, Carolyn, for getting straight A’s on her report card.
He expressed how proud he is of her!
President Felton thanked everyone who has written letters in support of keeping Greene
Memorial Hospital in Xenia. She would like an update from Mr. Lewis on where they are with
the various Township resolutions. It is an important issue. People have told her, “It is a done
deal”; however, no land has been purchased. They want Greene Memorial Hospital to stay in
Xenia because it a good business and it is good for the community. She urged everyone to keep
on top of this issue and make phone calls. Council agreed.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Vice President Miller, to
adjourn the Regular Session at 8:40 p.m. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
February 8, 2007
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on February 8, 2007, at 6:30 p.m., in the
Motion by Mayor Pennewitt, seconded by Councilman Engle, to go into an Executive Session to
discuss Personnel Matters – Labor Negotiations. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
The City Council convened in Executive Session in the First Floor Conference Room to discuss
Personnel Matters.
Regular Session
7:00 p.m.
The Xenia City Council adjourned the Executive Session to meet in a Regular Session at
7:00 p.m., in the City Council Chambers, City Hall, with the following members present:
INVOCATION: Reverend Kenneth Moore, Pleasant Grove Missionary Church, gave the
APPROVAL OF MINUTES: Motion by Councilman Esprit, seconded by Councilwoman
Mills, to approve the January 25, 2007, Executive/Special Session minutes as written. No
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Propes, to approve the January 25, 2007,
Regular Session minutes as written. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
SPECIAL PRESENTATION: Mayor Pennewitt welcomed the Xenia Middle School Eighth
Grade Cheerleaders. On behalf of the City of Xenia and City Council, she congratulated them on
winning the First Place National Championship trophy at the Jamfest Cheer Super Nationals held
in Indianapolis, Indiana. She recognized the cheerleaders by presenting each girl with individual
certificates of achievement. A representative for the cheerleaders thanked the Mayor and City
for honoring the cheerleaders (the Head Coach was unable to attend). She noted the squad
competed against over 400 teams. Mayor Pennewitt said the girls are representing Xenia very
well. She said it was nice to see families spending time and having fun together – that is what
life is all about. (Applause followed.)
John Caupp, 936 Orville Way, said he attended the Xenia Planning and Zoning Commission
meeting last week to present his concerns. At the December 7, 2006, XPZC meeting, a plan was
presented regarding development of the Beason property, which lies behind the existing Wright
Cycle Estates. This property was rezoned in 2003 to R-3 Multi-Family Zoning and building an
apartment complex was discussed. He was supportive of property rights and for landowners to be
able to do what they want with their land. He and his neighbors recently learned there would be a
74-unit condominium development built, which is fine with him as long at it fits in with the
adjacent properties. He is concerned about gating off Orville Way. He believed that was discussed
as an option in 2003, but a vote was not taken. Since this matter has not yet been brought before
City Council, there is time to come up with a better solution other than gating off a public street in
the City of Xenia. Communities are gated off in North Dayton to keep drug traffic out of the
neighborhood. One of the best neighborhoods in the City of Xenia should not be gated off as if it
is an afterthought. There has been poor planning on the part of the City and the developer when
the land was developed. The developer has land locked the Beason property but the residents
should not have to deal with a gated off street. One neighbor will be unable to drive in front of his
own home. He would like Council to discuss this issue and come up with a better solution other
than gating off Orville Way. When this matter does come before Council, he assured Council he
and his neighbors would not be in agreement with having Orville Way gated off.
President Felton asked Mr. Johnson to contact Mr. Caupp. She noted closing Orville Way would
be a decision made by the State of Ohio, not City Council. The City does not agree with the
State’s proposal. This matter was also discussed at the December 2006 Traffic Commission
meeting.
Traffic Commission: Councilman Propes said the February meeting was cancelled due
to lack of agenda items.
Greene County Regional Planning Commission: Councilman Propes said at the
meeting, election of officers took place and no changes were made. They also discussed some
rezoning in Spring Valley and the new subdivision in Beavercreek Township located at Valley
and New Germany Trebein Roads. Several issues were raised because two sides of the
development are used as ODNR hunting and trapping lands. There were concerns discussed
about the safety of potential residents in that development.
Board of Zoning Appeals. Vice President Miller said BZA met on January 22, 2007,
and considered two variances:
(1) Variances to height and size requirements for an accessory structure (garage) at 108 W. Second
Street. The property is in the Urban Design Overlay District, which requires that additional
design guidelines be met. Once the variance is granted, a Certificate of Appropriateness is
required from the Xenia Planning and Zoning Commission. BZA approved the variance.
(2) A Conditional Use permit for Habitat for Humanity to construct a single-family residential
structure for property located at 506 E. Main that meets the R-1C One-Family Zoning District
requirements in a B-2 Central Business District zoned area. The area along East Main contains
mostly single-family residential structures. He noted BZA approved a conditional use permit for
the adjacent lot to the west in 2005 for the construction of a Habitat for Humanity single family
home. The applicant stated the two homes would not look alike, although located next to each
other. This house has an alley and street access on the other side so the driveway would be larger
and located on the other side. The applicant also thanked the City for donating the property at
723 E. Second Street. BZA granted the permit. President Felton shared that City Staff initiated
rezoning of this area in the past to make the zoning more reflective of the current land use (R-1C
One-Family Zoning), but residents objected. Therefore, City Council did not approve the
rezoning. Vice President Miller agreed; 99% of the neighborhood is residential, but the zoning
map reflects B-2 Central Business District zoning.
Appointment to Civil Service Commission. President Felton asked Councilman Engle
to introduce a motion to appoint Ms. Virginia (Ginger) Streutker to fill a vacancy on the Civil
Service Commission with a term expiring on December 31, 2007. President Felton asked
Councilman Engle to explain the interview process. Councilman Engle said an interview was
conducted between Ms. Streutker, President Felton, and Rick Williamson, Chair of the Xenia
Civil Service Commission. They found Ms. Streutker to be a very capable candidate and are
looking forward to having her as a member of the Civil Service Commission.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to appoint Ms. Virginia (Ginger)
Streutker to fill a vacancy on the Xenia Civil Service Commission with a term expiring on
December 31, 2007. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Vice President Miller invited citizens to submit their name to fill a vacancy on the Board of
Zoning Appeals. President Felton noted the Xenia Planning and Zoning Commission also has a
vacancy. Mayor Pennewitt shared she has already interviewed applicants to fill the vacancy on
the Xenia Planning and Zoning Commission.
President Felton invited Ms. Streutker to share her background. Ms. Streutker said in 2003 she
graduated from the University of Kentucky and immediately accepted a job at Wright-Patterson
Air Force Base as a chemical engineer, which she thoroughly enjoys. She and her husband lived
in Kentucky for one year while her husband finished his education at Northern Kentucky
University. They built a home in Xenia and are very happy living here.
Emergency Ordinance Amending Section 220.11 – Salary of City Council Members.
President Felton entertained a motion on an Ordinance amending Section 220.11 – Salary of City
Council Members.
Councilman Esprit introduced 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 AN EMERGENCY.
Motion by Councilman Esprit, seconded by Councilman Engle, that the rules requiring the
President Felton said in accordance with the Xenia City Charter, Section 220.11, this ordinance
must come up every two years on odd numbered years. The ordinance grants members of
Council an increase of three (3) percent per year, which is also given to other City employees.
Mayor Pennewitt noted the annual salary amounts to $3,797. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Councilman Engle, that Ordinance Number 07-05 be
Nays: None
motion carried.
Councilman Esprit asked if Resolution 07-A was changed after passed by Council? Resolution
07-A as passed was a RESOLUTION DECLARING THE XENIA CITY COUNCIL’S
SUPPORT FOR GREENE MEMORIAL HOSPITAL IN PARTNERSHIP WITH PREMIER
HEALTH PARTNERS TO LOCATE AND BUILD A NEW HOSPITAL WITHIN THE XENIA
CITY CORPORATION BOUNDARIES, AND DECLARING AN EMERGENCY.
Mr. Lewis said Resolution 07-A was passed on January 6, 2007, and to his knowledge has not
been changed. Councilman Esprit said Resolution 07-A was passed January 6, 2007, and
became effective January 7, 2007. However, Resolution 07-A was published in the Xenia
Gazette on February 6, 2007, and listed the names of President Felton, Vice President Miller, and
all remaining members of Council. He asked if that was appropriate since reorganization of
Council took place on January 11, 2007.
President Felton said Resolution 07-A should not have been published until after a vote was
taken on January 6, 2007. Vice President Miller agreed a vote was taken on January 6, 2007, and
was effective January 7, 2007. City Council reorganization took place on January 11, 2007;
therefore, the Resolution should have listed Dr. Lee G. Esprit, Jr. as City Council President.
Councilman Esprit agreed and stated Patricia L. Felton should have been listed as City Council
Vice President.
Councilman Engle thought Councilman Esprit might be referring to a draft editorial letter written
to the citizens of Xenia that contained text very much the same as Resolution 07-A. The open
letter was signed after the reorganization and passage of Resolution 07-A.
President Felton said the matter would be investigated and corrected if it was wrongly published.
Vice President Miller said he received a copy of the Jamestown Resolution that was passed.
Mr. Lewis said Mayor Pennewitt e-mailed him about following up on Resolutions from the other
Townships. Five Townships are currently considering passing Resolutions and noted the Village
of Cedarville also passed a Resolution.
Resolution Authorizing Application for Grant Funds through the Ohio Department
of Public Safety for the Purchase of Equipment or Training of Personnel. Mr. Johnson
respectfully requested Council introduce a Resolution authorizing the City Manager to submit an
application to the Ohio Department of Public Safety for funding under the EMS Board Grant and
to accept the grant if awarded. These funds are made available through the collection of seat belt
fines collected throughout the State and distributed equally among all qualified applicants. He
noted Fire Chief Jeff Leaming was available for questions.
President Felton asked Chief Leaming to estimate the amount the City might receive through the
grant based on history. Chief Leaming said the City received $3,500 from the 2006 grant, which
went toward Paramedic Refresher Training. They never know the exact amount because
whatever money is collected from the seat belt violations will be distributed equally among all
eligible applicants. The City received $1,000 from the grant in 2005 and $3,500 in 2006. It is
not a “matching” grant.
Councilman Esprit introduced a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION AND ACCEPT STATE OF OHIO DEPARTMENT OF PUBLIC
SAFETY EMS BOARD GRANT FUNDS AS ADMINISTERED BY THE OHIO
DEPARTMENT OF PUBLIC SAFETY, and it was read for the first time.
Motion by Councilman Engle, seconded by Councilman Esprit, to approve payment of bills
Nays: None
motion carried.
Introduction of Ordinances and Resolutions: Mr. Lewis presented an Ordinance
enacting a Code of Ordinances for the City of Xenia, Ohio, revising, amending, restating,
codifying, and compiling certain existing General Ordinances of the Political Subdivision
dealing with subjects embraced in such Code of Ordinances. He said on December 8, 2005, City
Council approved a five-year contract with American Legal Publishing for a complete
recodification in 2006, annual updates for five years thereafter, and the purchase and installation
of Folio Views of the City’s ordinances. American Legal Publishing, with assistance from the
City Clerk and the Law Department, has completed the recodification, which includes ordinances
and resolutions through October 2006. Two major changes are included in the recodification.
The majority of the fees are now grouped together into Chapter 298 - Fee Schedule so a user
does not need to read the ordinances to find the applicable fee. Definitions now appear in
alphabetical order at the beginning of each title. Although this Ordinance is being presented as
an introduction, he respectfully requested Council pass it as an emergency. Emergency passage
would immediately allow the electronic code to be made available to staff, residents, vendors,
businesses, etc., hard copies would be distributed, and Folio Views would be installed on
selected users’ computers for immediate access.
Vice President Miller presented an ORDINANCE ENACTING A CODE OF ORDINANCES
FOR THE CITY OF XENIA, OHIO, REVISING, AMENDING, RESTATING, CODIFYING,
AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL
SUBDIVISION DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF
ORDINANCES, AND DECLARING AN EMERGENCY.
Motion by Vice President Miller, seconded by Councilman Propes, 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 Vice President Miller, seconded by Councilman Propes, that Ordinance Number
Nays: None
motion carried.
ORDINANCE TO MAKE FINAL APPROPRIATIONS FOR CURRENT EXPENSES AND
OTHER EXPENDITURES FOR THE CITY OF XENIA, OHIO, DURING THE FISCAL
YEAR BEGINNING JANUARY 1, 2007, AND DECLARING AN EMERGENCY, and it was
read for a second time.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that this ordinance be placed at
once upon its passage. Discussion followed. President Felton asked if this matter referred to
only appropriations and not the budget. Mr. Bazelak said appropriations are the budget in terms
of legislation. No discussion followed. The Roll on this was the following:
Ayes: Miller, Engle, Esprit, Propes, Mills, and Pennewitt
Nays: Felton
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Ordinance Number 07-07 be
Nays: Felton
motion carried.
President Felton said she voted “no” because she felt there were still items in the budget that are
not correct.
Councilman Propes,
Councilwoman Mills, Vice President Miller, and President Felton had nothing to share.
Mayor Pennewitt again congratulated the Xenia Middle School Cheerleaders on winning the first
place National Championship trophy at the Jamfest Cheer Super Nationals.
Councilman Engle congratulated Ginger Streutker for stepping up to support the City of Xenia.
She is an outstanding employee within his division and was sure she would serve the City with
the same commitment she does at her job each day.
Councilman Esprit welcomed Ms. Streutker and was pleased she decided to serve on the Xenia
Civil Service Commission.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilman Esprit, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
February 10, 2007
Special Session
9:00 a.m.
The Xenia City Council met in a Special Session on February 10, 2007, at 9:00 a.m., in the City
Council Chambers, Second Floor, City Hall, with the following members present: William R.
discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
with the following members present: William R. Miller, Michael D. Engle, Dr. Lee G. Esprit,
Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton. They discussed
Personnel Matters.
Motion by Mayor Pennewitt, seconded by Councilman Engle, to adjourn the Executive Session
and reconvene in Special Session. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
The City Council reconvened in Special Session with the same members present.
Emergency Ordinance Amending Section 260 – Salary Adjustment of Finance
Director. President Felton entertained a motion on a salary adjustment for the Finance Director.
She noted the increase would be retroactive to January 1, 2007.
Councilman Miller presented an ORDINANCE AMENDING SECTION 260 - PERSONNEL
CLASSIFICATION AND COMPENSATION -- OF CHAPTER 260 OF TITLE SIX, PART
TWO, ADMINISTRATIVE CODE OF THE CODIFIED ORDINANCES OF THE CITY OF
XENIA, OHIO, BY ADJUSTING THE SALARY OF THE FINANCE DIRECTOR, AND
Motion by Councilman Miller, seconded by Councilman Engle, that the rules requiring the
Nays: None
motion carried.
Motion by Councilman Miller, seconded by Councilman Engle, that Ordinance Number 07-08 be
now passed. No discussion followed.
Nays: None
motion carried.
Emergency Ordinance Amending Section 260 – Salary Adjustment of Law Director.
President Felton entertained a motion on a salary adjustment for the Law Director. She noted the
increase would be retroactive to January 1, 2007.
Councilwoman Felton presented an ORDINANCE AMENDING SECTION
CLASSIFICATION AND COMPENSATION -- OF CHAPTER 260 OF
TWO, ADMINISTRATIVE CODE OF THE CODIFIED ORDINANCES
XENIA, OHIO, BY ADJUSTING THE SALARY OF THE LAW
260 - PERSONNEL
TITLE SIX, PART
OF THE CITY OF
DIRECTOR, AND
Motion by Councilman Miller, seconded by Councilman Engle, that the rules requiring the
Nays: None
motion carried.
Motion by Councilman Miller, seconded by Councilman Engle, that Ordinance Number 07-09 be
Nays: None
motion carried.
ADJOURNMENT: Motion by Councilman Engle, seconded by Mayor Pennewitt, to adjourn
the Special Session.
Xenia City Council
Xenia City Council
February 22, 2007
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on February 22, 2007, at 5:30 p.m., in the
to discuss Land Acquisition and Personnel Matters. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
The City Council convened in Executive Session to discuss Land Acquisition and Personnel
Matters.
Regular Session
7:00 p.m.
The Xenia City Council adjourned the Executive Session to meet in a Regular Session on
February 22, 2007, at 7:00 p.m., in the City Council Chambers, City Hall, with the following
members present: William R. Miller, Michael D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes,
Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
INVOCATION: Janice Ernst, Faith Community United Methodist Church, gave the invocation
after which all joined in the Pledge of Allegiance.
APPROVAL OF MINUTES: Motion by Councilman Esprit, seconded by Mayor Pennewitt, to
approve the February 8, 2007, Executive and Regular Session minutes as written. No discussion
followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilwoman Mills, to approve the February 10,
2007, Executive/Special Session minutes as written. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
President Felton asked Xenia Police Officer Sams to introduce his son and explain the purpose
for attending tonight’s Council meeting. Officer Sams introduced his son Shawn, and shared that
Shawn was majoring in Law Enforcement at Sinclair Community College. One requirement of
the program is that he attend a few Council meetings. Shawn said he was enjoying his second
quarter at Sinclair and plans to become a police officer like his father.
XCC Meeting Minutes, 02-22-07, Page 2
PUBLIC HEARING:
Small Cities Community Development Block Grant (CDBG) Programs. President Felton
asked Council to hold their questions until after the presentation by Ms. Crockett, which would
be followed by an invitation for audience comments.
Ms. Crockett said in compliance with federal citizen participation requirements, grantees, such as
Xenia, are required to hold one (1) general public hearing to cover the Community Development
Block Grant Program and one (1) application-specific public hearing before submitting to the
State of Ohio a grant application for which the City might be eligible. She noted she included
more programs than in past presentations, because the City may become eligible for those
programs in the future if something were to change. She summarized CDBG programs that are
available to the City of Xenia as follows:
•
The Formula Allocation Program provides funding to Ohio’s non-entitlement counties and cities
for housing rehabilitation, economic development, and public works improvements that meet
federal and state objectives to benefit low- and moderate-income persons and/or eliminate
blighted areas. The City received $119,000 last year from this program. It is anticipated the City
would be eligible for approximately $120,000 of CDBG funding under the 2007 Formula
Allocation program. Social service agencies that primarily serve low- to moderate-income
households and individuals may also request use of funds; an application was included in
Council’s packet tonight. (Councilwoman Mills noted the application deadline is May 25, 2007.)
The Capital Improvement Plan contemplates the use of the 2007 proceeds to assist in the
replacement of items such as deteriorated sidewalks and curbs, lighting, or storm sewer
replacement in front of residences of low- to moderate-income households. A map and census
tract information was also included in Council’s packet.
•
The Community Development Program (previously named the Community Distress Grant)
provides funding to communities as a flexible housing and community development resource that
can be used to improve the quality of life, livability, and functionality of distressed areas and
neighborhoods and to carry out a comprehensive strategy of revitalization. The City is
completing the Galloway Street program with grant monies previously received under this grant.
She did not anticipate the City would be eligible for this grant for another decade because very
few of these grants are awarded yearly across the State. However, she wanted to include it in the
presentation in case things within the City changed.
•
The Community Housing Improvement Program (CHIP). The City of Xenia will not be
applying for this grant program in 2007 because we were successful in receiving 2006 funding.
•
Water & Sanitary Sewer Program involves the goal of creating a safe and sanitary living
environment for Ohio citizens through the provision of safe and reliable drinking water and
proper disposal of sanitary waste. The City of Xenia will not be applying for this grant program
in 2007. These awards may be up to $600,000 but are targeted to distressed communities or areas
in Ohio that have a 51% low- and moderate-income population.
•
Economic Development Program. The goal of this program is to create and retain permanent,
private-sector job opportunities, principally for low- and moderate-income persons, through the
expansion and retention of business and industry in Ohio communities. The grant provides for up
to $500,000 maximum for direct loans, or for off-site infrastructure projects. These funds provide
financial assistance to private for-profit entities to carry out economic development projects. The
City does not have immediate plans to apply for such a program, but might find an appropriate
business project where it could be utilized later.
•
The Comprehensive Downtown Revitalization Program (All Tiers). The City of Xenia just
received this grant for 2006 so staff will not be applying for Tier One this year. Information was
provided because it is an important part of the State’s CDBG Program. The Tier Two Downtown
Building and Streetscape Revitalization provides for up to $400,000 in matching funds to undertake
specific activities. It is likely that the City will apply for a Tier II grant in the spring of 2008.
•
Discretionary Grant Program. Only $600,000 is available throughout the State, so it is unlikely
the City would receive funding. However, should Xenia experience an imminent threat to public
health and safety or a unique housing or homelessness project, the City might be able to receive
up to $200,000 of these funds.
•
Microenterprise Business Development Program. This program is to assist in the development
of local microenterprise businesses and to create and retain long-term jobs in the private sector.
Cities must work with a Technical Assistance (TA) provider familiar with low- to moderateincome populations to obtain this grant. The TA provider would provide programming to assist
microenterprises with funding and training to provide jobs to low- to moderate-income
individuals. This grant restricts first-time applicants to a maximum of $40,000.
Ms. Crockett said another public hearing would be scheduled in the coming weeks to seek the
public’s input on specific proposed use of the 2007 CDBG monies. The application deadline is
May 25, 2007. Staff will be seeking input from Council and other partners on how to spend the
$120,000 that will probably be due in July 2007.
President Felton entertained comments or questions from Council.
Councilwoman Mills thanked Ms. Crockett for her forward thinking and discussing the program
during the first public hearing, which will make it easier for Council to make decisions later.
President Felton suggested the information on the CDBG Program be published on Channel 10
to inform the public. She asked how staff contacts non-profit organizations. Ms. Crockett said
staff would contact the 20 to 25 non-profit organizations who have either expressed interest or
participated in the past and invite them to attend a meeting and to apply for funding. President
Felton noted there are some new non-profit organizations within the City that need to be made
aware of the program. It would then be their choice to apply.
President Felton opened the Public Hearing and asked those in favor of the Small Cities
Community Development Block Grant (CDBG) Programs to come forward to speak. No one
came forward to speak. President Felton asked those against the CDBG Programs to come
forward to speak. No one came forward to speak. She then invited anyone who wished to speak
neither for nor against the CDBG Programs to come forward to speak. No one came forward to
speak. President Felton closed the Public Hearing at 7:15 p.m.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on February 1,
2007, and reviewed and approved a Certificate of Appropriateness for an accessory structure at
108 W. Second Street. Also, Ms. Simpson gave an overview on existing City park facilities.
Mayor Pennewitt said Michael Sticka’s term expired on 12/31/06, and his scheduled relocation
to South Carolina created a vacancy on XPZC. Xenia Planning and Zoning Commissioner
Donna Howard and she interviewed three applicants on February 6, 2007. All three applicants
were very qualified, and it was a difficult decision.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to appoint Mr. Joshua Long to fill
a vacancy on the Xenia Planning and Zoning Commission with a term expiration date of
December 31, 2010. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Mayor Pennewitt noted Mr. Long was attending tonight’s Council meeting and invited him to
come to the podium.
Joshua Long, 1351 Colorado Drive, introduced himself to Council. Mayor Pennewitt welcomed
Mr. Long and said Council is excited to have Mr. Long as a member of the Xenia Planning and
Zoning Commission.
Mayors & Managers: Mayor Pennewitt said the meeting was cancelled due to the
weather.
Miami Valley Regional Planning Commission: Mayor Pennewitt said they discussed
the Miami Valley Open Space Assessment Study, the Greene County U.S. 42 Planning Study,
and the Comprehensive Local-Regional Bikeway Coordination Plan.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said the
February BRACA meeting was cancelled due to the weather. She reminded everyone the Cheer
Expo will be held on Friday, February 23rd, at Central State University’s Beacom-Lewis
Gymnasium. The doors open at 6 p.m., and the Cheer Expo will begin at 7 p.m. Tickets can be
purchased at the gymnasium ticket window. She encouraged everyone to attend.
President Felton explained that City Manager Ken Johnson was unable to attend tonight’s
meeting; therefore, Assistant City Manager Merriman would be addressing Council.
President Felton said although two audience members arrived too late to address Council under
“Audience Comments,” she invited them to come to the podium to address Council. She was
aware they would be attending the meeting.
Cyrus Jones said he was a student at Wilberforce University and President of the student body.
He wanted to learn how the City and Council is run and also to address students’ concerns. They
are concerned about their treatment and access to City Council and City government. He is a
political science major, and there are no internships available through the City. He has done
some research and called various departments to find internship opportunities. Students have all
the requirements, education, credentials, and demeanor for entering an internship. He asked for
help in getting to know City officials better in order to build better relationships within the area.
He recognized Wilberforce and Central State Universities have a positive economic impact on
the City, and student participation at various levels of City government is needed.
President Felton said the City welcomes internships and the City Manager has been discussing
internships with a professor at Wilberforce University. She suggested Mr. Jones wait until the
end of the meeting and information will be provided to him. In the past, the City had Wright
State University interns. She was glad to see Mr. Jones take the initiative and Council would be
glad to see what could be done to help with their education, which also helps the City.
Mayor Pennewitt said she has worked with Mr. Jones. He is well spoken, enthusiastic, and she
would do whatever she can to help the students.
Mr. Merriman thanked Mr. Jones for attending the meeting and was pleased to hear his
enthusiasm. Presently there is a volunteer internship available at the Public Service Center to do
some research to develop proposals for an internship program. They would like to see that
expanded to include mentoring and coaching, etc. It is in the City’s best interest and staff are
looking forward to collaborating with the students in developing some programs and
relationships.
Mayor Pennewitt noted Councilman Esprit also attended a meeting with students at Wilberforce
University. Councilman Esprit said he appreciated their proactive approach; it is a step in the
right direction.
Authorization to amend the contract with DPL Energy (DPLE), for Street Lighting
Services. Mr. Merriman, Assistant City Manager, respectfully requested authorization for the
City Manager to amend the contract with DPL Energy (DPLE), a Dayton Power & Light Inc.
subsidiary, for Street Lighting Services.
Motion by Vice President Miller, seconded by Councilman Engle, to authorize the City Manager
to execute the alternative contract to continue the City’s participation in Dayton Power & Light
Energy’s Street Light Services Agreement. Discussion followed. President Felton asked
Mr. Merriman to elaborate on the reason why the contract was renegotiated.
Mr. Merriman said after City Council authorized the City Manager to execute a contract with
DPL Energy for street lighting services in October 2006, DPL Energy had several opportunities
to work with other jurisdictions as they renewed their respective contracts. Because of these
renewal efforts, DPLE found themselves offering alternative terms that were more favorable to
many jurisdictions and felt, out of fairness, they should propose the same alternative to cities that
had recently renewed. It is in the City’s best interest to amend its service agreement to this
alternative contract.
Nays: None
motion carried.
Extension of Time Warner Franchise Agreement. Mr. Merriman respectfully
requested Council introduce a Resolution extending the Cable Franchise with Time Warner
Cable for one year from the effective date of the Resolution. President Felton noted there is a
cancellation clause in the Time Warner Franchise Agreement extension.
Mr. Merriman said the best course of action for the City is to extend the terms of the current
contract for one year in order to allow them to monitor the rapidly changing franchise
environment.
Vice President Miller noted Wilmington has created a free Wi-Fi network “hot spot” in a 6-block
area downtown. Someone has to create it, but someone else has to pay for and maintain it.
Mayor Pennewitt introduced a RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION
TO THE EXISTING CABLE FRANCHISE AGREEMENT BETWEEN THE CITY OF XENIA
AND TIME WARNER CABLE, and it was read for the first time.
Agreement with Spring Valley Township, Beavercreek Township & Xenia
Township – Gerdes Annexation. Mr. Merriman respectfully requested Council authorize the
execution of an Annexation Agreement with Spring Valley Township, Beavercreek Township,
and Xenia Township for the Gerdes annexation petition. He asked Mr. Steve Brodsky, XEGC
Executive Director, to address Council.
Mr. Brodsky said this agreement to enable the uncontested annexation of 391.614 acres of land
into the City limits has taken quite a long time to finalize. The Gerdes property runs between
Upper and Lower Bellbrook Roads and Van Eaton Road. Several years ago, this annexation was
denied, and the Greene County Commissioners made it clear it is their expectation that the City
and Townships will negotiate in good faith to deal with the issues of compensation for the
potential loss of taxable territory and other concerns prior to their action on any [future] petition
for annexation. Two of the major elements of this Annexation Agreement include: (1) The
requirement for the City to minimize the impact of the potential development; (2) The change in
compensation to the Townships from the Miller-Price Annexation Agreement. There are also
provisions in the agreement that address landscaped buffer areas, traffic control along the major
roads, etc. After 30 years, the Townships will receive a declining amount based on how the
property is developed.
Motion by Councilman Esprit seconded by Vice President Miller, to authorize the execution of
the Annexation Agreement with Spring Valley Township, Beavercreek Township, and Xenia
Township for the Gerdes annexation petition. Discussion followed.
President Felton referenced Page 4, Article II – Government Services, Section 2, “Service to be
provided by the City” (F) “Street maintenance, including repair/improvement, and snow/ice
removal will be provided by the City for the roads impacted by the annexation, with the
exception of the services to be provided by the Townships, as set forth herein.” She asked that
the language be changed to read, Street maintenance, including repair/improvement, and
snow/ice removal will be provided by the City for the roads included in the annexation, with the
exception of the services to be provided by the Townships, as set forth herein. This suggested
change was discussed with the Law Director. Mr. Brodsky agreed.
Mr. Lewis said Council should stress to citizens the substantial savings in tax sharing revenue in
this document over prior annexations agreements executed by the City, which is the primary
difference between this agreement and all others. Previously there was an 80% sharing of the
property tax revenue from undeveloped land and 50% from developed land in perpetuity. Under
this agreement, the Townships will get 50% of the property tax revenue from undeveloped land
in the annexation and 35% from developed land. After 30 years, the Townships will receive
10% of the property tax revenue from both developed and undeveloped properties, which was
achieved after many discussions that included Mr. Bazelak, Mr. Brodsky, and Mr. Johnson, and
it will have a significant impact on future negotiations.
Mayor Pennewitt asked how the percentage is allocated after the 30 years. Mr. Lewis said the
Townships would get 10% of the property tax revenue for another 30 years.
Councilman Esprit commended all those involved in the negotiations. President Felton agreed.
Nays: None
motion carried.
Items for the City Manager: President Felton expressed her appreciation on behalf of
Council for the fine job done by City Service Center staff during the recent snow; it has been a
terrible few weeks. Potholes are now prevalent but staff is working on them. She asked
residents to let staff know if they notice a really bad pothole that may cause car damage. Staff
was also very busy repairing broken water lines in sub-zero weather. Some people say staff is
just doing their job. It is a hard job when it is extremely cold and staff did an outstanding job.
Mr. Merriman agreed. He noted just today he sent an e-mail to Mr. Quinlan, Street Maintenance
Supervisor, to thank staff for a job well done. On a regular basis, staff put their lives on the line
getting into a ditch or working on a road with traffic speeding by. He encouraged citizens to
express their thanks to staff and to be cautious when driving by areas where staff is working.
Mayor Pennewitt agreed with President Felton’s and Mr. Merriman’s comments. She also
acknowledged the job done by Police and Fire Division personnel, who also work outside in the
cold weather.
President Felton asked citizens to clear the snow around fire hydrants that are located on or near
their property so safety personnel can have easier access in case of a fire.
Motion by Councilman Esprit, seconded by Vice President Miller, to approve payment of bills
Nays: None
motion carried.
Mr. Bazelak acknowledged Mr. Lewis’ involvement in the recent Gerdes annexation agreement
process; he was a great help. President Felton agreed with Mr. Bazelak’s comments.
Mr. Lewis presented a
RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION
AND ACCEPT STATE OF OHIO DEPARTMENT OF PUBLIC SAFETY EMS BOARD
GRANT FUNDS AS ADMINISTERED BY THE OHIO DEPARTMENT OF PUBLIC
SAFETY, and it was read for a second time.
Motion by Councilman Esprit, seconded by Vice President Miller, that Resolution Number 07-C
Nays: None
motion carried.
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Mayor Pennewitt gave the
1/26/07 – Attended the Greene County Healthy Marriage Policy Signing at the Greene County
Library. She also met with a group of Wilberforce and Central State University students.
1/30/07 – Attended a “Meet Me at the Station” program presentation given to Kiwanis Club.
1/31/07 – Introduction meeting with the new publisher of the Xenia Daily Gazette, Jon Noel.
2/1/07 – Attended MVRPC meeting and Planning and Zoning Commission meeting.
2/5/07 – Attended an “Under One Roof” Feasibility Committee meeting. This is an exciting
concept and they are working hard to educate everyone about the concept.
2/7/07 – Interviewed three candidates for the Planning and Zoning Commission.
2/12/07 – Attended the Adult Recreation and Services Center “Wall of Honor” dinner, which was
really touching. The Center has many activities and programs; she encouraged citizens to attend.
2/14/07 – Attended the first dinner theatre event “Love Letters” presented by the Xenia Area
Community Theatre (X-Act) held at the Holiday Inn. It was outstanding and wonderful to have a
dinner theatre in Xenia.
2/16/07 – Met with Rev. Quincy Rineheart, Wilberforce University Chaplain. He is a delightful
young man whom she also met with today.
2/16/07 – Attended the movie premier of “Amazing Grace” held at Wilberforce University. The
movie takes place in the late 1700s in England and is about the life of William Wilberforce. This
young man was also a member of Parliament. She encouraged citizens to see the movie. It was
an inspirational movie and the background music provided by the Wilberforce University Choir
was outstanding.
2/17/07 – Attended the 9th Annual “Hall of Honor” banquet.
2/19/07 – Attended an “Under One Roof” Feasibility Committee meeting.
2/21/07 – Attended the “Night of Champions” planning luncheon at Athletics in Action, which
will be held soon.
Councilwoman Mills said the Easter Egg Hunt sponsored by the City Parks and Recreation
Department is scheduled for April 7, 2007, at 2 p.m., at the Shawnee Park Pavilion. She
encouraged everyone to attend. She reminded everyone the Cheer Expo is tomorrow night.
President Felton noted volunteers are always needed to help “hide” the Easter eggs.
Councilman Propes thanked his wife for staying home with the kids the last several days when
the schools were closed during the recent snowstorm.
Councilman Esprit said he attended the 9th Annual “Hall of Honor” sponsored by the Xenia
Educational Endowment Fund. Those honored included Carl H. Benner, an educator and
community leader (Benner Field House is named after him); Greene County Engineer Robert N.
Geyer; Olive H. Huston, an educator, public servant, and community leader; Donald McNamara,
son of the former publisher of the Xenia Gazette, who was an educator and administrator;
Attorney Peter D. Stephan, who is also a community leader. He noted Mayor Pennewitt also
attended the event. He commended the Public Service, Police, and Fire Division employees for
the excellent job they did during recent inclement weather events.
Councilman Engle said he also attended the “Under One Roof” meeting and the following day
met with the Tecumseh Elementary PTO to discuss the concept. He agrees with the concept and
feels it will be a very promising program, which needs to be a continued vigilance and
involvement on the part of the City and many other entities. He looks forward to continuing to
work with the “Under One Roof” Committee and educating the public. It has the potential to
change the face of Xenia.
President Felton noted she revised the appointments to the “Under One Roof” Committee. The
City can have three [Council] members, and she added Councilman Engle since he was very
interested in serving.1 Mayor Pennewitt welcomed him to the committee.
Vice President Miller apologized for not attending the “Under One Roof” committee meeting,
but he was in Savannah, Georgia, attending a wedding and enjoying 60-degree weather. His
niece, who is also his Goddaughter, got married.
President Felton said she was appointed to the Ohio Municipal League’s Human Development
Policy Advocacy Committee.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilman Esprit, to
following:
Nays: None
motion carried.
Xenia City Council
1
Xenia City Council
02/28/07--Per President Felton, the addition of Councilman Engle as a Xenia representative has been approved by
Dr. Jeffrey Lewis. Xenia representatives serving on the “Under One Roof” Committee now include Mayor
Pennewitt, Vice President Miller, Councilman Engle, and City Manager Ken Johnson.
March 8, 2007
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on March 8, 2007, at 5:30 p.m., in the First
Floor Conference Room, City Hall, with the following members present: William R. Miller,
Michael D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt,
and Patricia L. Felton.
to discuss Personnel Matters and Land Acquisition. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
The City Council convened in Executive Session to discuss Personnel Matters and Land
Acquisition.
Regular Session
7:00 p.m.
March 8, 2007, at 7:00 p.m., in the City Council Chambers, City Hall, with the following
INVOCATION: Nate Chrisman, Director of Cleft Student Youth Center, gave the invocation
approve the February 22, 2007, Regular Session minutes as written. No discussion followed.
Nays: None
motion carried.
Traffic Commission: Councilman Propes said the March meeting was cancelled due to
lack of agenda items.
Greene County Regional Planning Commission: Councilman Propes said they met on
February 27th. There is another subdivision planned in Beavercreek Township on the north side
of the intersection of Valley and New Germany-Trebein Roads. Xenia Township solicited
XCC Regular Session Meeting Minutes, 03-08-07, Page 2
comments on a zoning resolution for some wildlife harbors. Cedarville Township is rezoning an
area in anticipation of Martin Marietta Aggregates Cedarville Limestone Plant’s expansion.
Bath Township in Fairborn rezoned a business that has been in existence for a long time and was
improperly zoned. The big topic of discussion was the Greene County 2008 Plan Update and the
Urban Service Area (USA) projected service boundaries were discussed. (He said he would
provide Mr. Johnson with a copy of the updated plan.) There are changes, and an area of the
City of Xenia may need to be reviewed. He asked that Mr. Johnson and appropriate City staff
review the document to ensure it is beneficial to the City.
President Felton noted the Urban Service Area was modified a few years ago and asked
Mr. Johnson to check on those changes. Mr. Johnson agreed to do that.
Board of Zoning Appeals. Vice President Miller said BZA met on February 26th. A
new company wants to use the front portion of the building located at 574 South Detroit Street
(corner of High and South Detroit Streets) as an office for heating and cooling repair service.
The conditional use permit was approved. The new owner and occupant will improve the façade
and parking lot, which is presently very uneven with three different levels.
Following the meeting, Vice President Miller said he met with Mr. (Charles) Cameron Streutker,
who wishes to serve on the Board of Zoning Appeals. The City Clerk’s Office solicited for
applications and he was given three names; however, only one person specifically wanted to
serve on the Board of Zoning Appeals. One applicant attended last month’s BZA meeting, and
Mr. Streutker attended this month’s meeting. The third person never contacted him; he had his
name and phone number but never received a letter of interest from him.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to appoint Mr. (Charles)
Cameron Streutker to fill a vacancy on the Xenia Board of Zoning Appeals with a term
expiration date of April 11, 2009. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Vice President Miller and President Felton invited Mr. Streutker to address Council.
Charles Cameron Streutker, 1123 Spegele Court, said he graduated from Northern Kentucky
University with a B.S. Degree in Environmental Science and a minor in Political Science. He is
a chemist with Clean Harbors Environmental Services at a Proctor and Gamble facility located in
Cincinnati. He looks forward to serving on BZA. President Felton asked if he works closely
with the Environmental Protection Agency. Mr. Streutker said no, not directly.
ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Miller congratulated the
Tecumseh Land Trust Company. The organization started a three-year campaign to raise
$180,000 to purchase land to keep it as farmland in both Clark and Greene Counties. They
raised $194,000 in only three months. Fantastic job!
President Felton said Council received a memo from the City Manager requesting they schedule
a work session to discuss their vision statement and to set priorities. She noted some members
would be gone until March 13th. After discussion, it was decided President Felton would work
with the City Manager to discuss dates and forward them to Council members.
Purchase of Police Cruisers through Ohio Department of Administrative Services
Cooperative Purchasing Program. Mr. Johnson respectfully requested Council’s authorization
to participate in the State of Ohio Department of Administrative Services Cooperative
Purchasing Program for the acquisition of three marked Police Cruisers. Staff requests
authorization to purchase the vehicles through 32 Ford Mercury, Batavia, Ohio, at a total cost of
$60,006. He noted Chief Person was available for questions.
Motion by Councilman Esprit, seconded by Councilman Engle, to authorize participation in the
State of Ohio Department of Administrative Services Cooperative Purchasing Program for the
acquisition of three (3) Police Cruisers at a total price of $60,006. Discussion followed.
Vice President Miller asked if the new built in rear view cameras would be removed from the old
cruisers. Chief Person said traditionally new cameras are purchased when the police cruisers are
replaced. For the last two years they have not done that because staff did not like the previously
purchased cameras. Since then, they have tried out a few cameras and found one they all like,
which is the one Vice President Miller is referring to. They will purchase enough of the latest
style cameras this year so all police cruisers will have one; money was included in the budget
this year to do that. The new cameras save images on a scan disk so there will no longer be
cabinets full of old erasable tapes. The cameras are good for about three years and are replaced
as cruisers are replaced. Vice President Miller asked if the cameras are left in the cars when they
are auctioned. Chief Person said normally the cameras are removed and used as spares.
Nays: None
motion carried.
Tax Incentive Review Council – 2006 Annual Review. Mr. Johnson said the Tax
Incentive Review Council (TIRC) is required to annually review all active Ohio Enterprise Zone
(OEZ) Agreements, determine whether the companies comply with the conditions and terms of
their respective agreements, and make a recommendation to the legislative authority (City
Council). He respectfully requested Council approve all of 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, XEGC Executive Director, served on the TIRC and was available for questions.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to approve all of 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. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Non-Union Wage Scale Adjustment. Mr. Johnson respectfully requested Council
introduce a resolution amending Appendix A of the Employee Benefits Manual to reflect a 3.0%
increase in the Non-Union Employee Wage Classifications.
Councilman Engle introduced a RESOLUTION AMENDING APPENDIX A OF THE
EMPLOYEE BENEFITS MANUAL (NON-UNION WAGE RANGES) OF THE CITY OF
XENIA, and it was read for the first time.
Items for the City Manager: President Felton said she has received numerous calls
regarding potholes. City staff is making a list of priorities and will be working on the potholes.
If the pothole is so deep that it may cause damage to your car, she suggested citizens contact the
City’s Public Service Center. Mr. Johnson noted there are several ways to notify staff. The most
direct way is to call the Service Center at 376-7260 and the information will be added to the list.
If it is a sizeable pothole, please let staff know because work is prioritized. Citizens can also use
the CitizenCare link on the City’s website. Citizens’ concerns will be forwarded to the Service
Center staff who are in charge of the work schedule.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to approve payment of bills
totaling $229,588.96. Discussion followed. Councilman Propes asked if the $1,010 paid to
Xenia Glass and Lock was to repair locks due to vandalism at Shawnee Park. Mr. Johnson said
he was not sure but would find out; he noted locks are routinely replaced due to vandalism.
Councilman Propes wished to point out to citizens that vandalism is costly to the City.
Nays: None
motion carried.
Award of Bid – Voice-Over Internet Protocol (VOIP) Phone System. Mr. Bazelak
respectfully requested Council award the bid for a VOIP Phone System to ESCO Technologies
for $140,585.44. The new phone system will allow for enhanced capabilities including voice
mail and unified messaging. Over a ten-year period, the City will save over $250,000, which is a
significant return on investment. He noted Mr. Cardenas, IT Manager, and an ESCO
representative were available for questions.
Vice President Miller presented an ORDINANCE AMENDING ORDINANCE 07-07 TO
MAKE ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE
CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007,
AND DECLARING AN EMERGENCY.
Motion by Vice President Miller, seconded by Councilman Esprit, that the rules requiring the
Councilman Propes asked how the City planned to address phone service when the power goes
out. Mr. Cardenas said the entire network is hooked up to a battery back-up UPS system. If they
lose power to some receptacles, those phones will not lose power. Phones in remote locations
may lose power unless they purchase a single UPS system for each telephone.
President Felton verified the battery back-ups would be used at all City locations including the
City Service Garage, etc. Mr. Cardenas said yes, all systems would have battery back-ups.
Generators would be used at City Hall. Remote locations will have to rely on the job systems.
Analog lines could be used to enable staff to dial out. Some of the remote locations, such as the
Service Center, do not have generators in their buildings. President Felton thought the Service
Center had a generator. Mr. Johnson said the building is wired for a generator and one could be
brought in for emergencies. President Felton thought if the Service Center lost power, a
generator would have to be used to enable gas to be pumped. Mr. Johnson agreed.
President Felton asked if the walkie-talkie function on the Blackberries would work.
Mr. Cardenas said yes; he noted the Blackberries are on an independent network.
Mr. Bazelak noted the first motion requested was for an Emergency Ordinance transferring
$20,000 to take care of the Municipal Court’s share of this project. The second motion requested
is to award the bid for VOIP Phone System to ESCO Technologies for $140,585.44.
President Felton asked what budgeted amount was shown on the detail sheets before the transfer
of the $20,000. Mr. Bazelak said the budget amount was $175,001. Staff is not requesting
additional dollars to be appropriated. They are asking that money be transferred from the
General Capital to the Municipal Court Capital Improvement Fund to take care of the Court’s
share of the project that was inadvertently left out of the budget.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Esprit, that Ordinance Number 07-10
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Engle, to award the bid for the VOIP
Phone System to ESCO Technologies for $140,585.44. No discussion followed. The Roll on
this was the following:
Nays: None
motion carried.
Mr. Bazelak commended Mr. Cardenas for his work on this project. He has been working on
this project for the last three to four years, which will not only be financially beneficial but is
also a fine product. Mr. Johnson agreed with Mr. Bazelak’s comments. This project was a
partnership with many employees and collaboration with all departments. Everyone had a
chance to voice their needs, and they were given a chance to ask questions.
RESOLUTION AUTHORIZING A ONE-YEAR EXTENSION TO THE EXISTING CABLE
FRANCHISE AGREEMENT BETWEEN THE CITY OF XENIA AND TIME WARNER
CABLE, and it was read for a second time.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, that Resolution Number 07-D be
Nays: None
motion carried.
Councilwoman Mills had nothing to share.
Councilman Propes and
Mayor Pennewitt congratulated Linda McLaughlin, Assistant to the Commander and Executive
Director of the 88th Air Base Wing, who retired from Wright-Patterson Air Force Base after 36
years of service. She was also the liaison between WPAFB and the City of Xenia. She is a
delightful person and will be missed. She is interested in volunteering and when she returns
from a trip to Florida, she will introduce Mayor Pennewitt to her successor. She also
congratulated Bonnie Benge, Cox Elementary Principal, who recently retired after more than 30
years service. She is an Ohio Northern graduate, like her husband, Don. She is a delightful
person and expressed a desire to do volunteer work. Today she had breakfast with Principal
Herman and students at Spring Hill School. She was pleased to hear a number of students
remembered the program “Meet Me at the Station.” She visited each classroom and was amazed
to see what is done with the children. Extra time and individual attention is given to students
who have difficulty reading or problems with other subjects. The City is blessed to have such
caring and professional teachers. She also attended the 120th Charter Day Convocation at
Central State University. Nancy Wilson, a popular singer from the 1950’s, was the keynote
speaker. It was a delightful time.
Vice President Miller said he, Mayor Pennewitt, and Councilman Propes attended the “Toast of
the Town” tonight at Toward Independence; it was a nice event.
Councilman Engle said he, Mayor Pennewitt and Vice President Miller attended an “Under One
Roof” committee meeting this past Monday. They engaged in good discussion and welcomed
new members who expressed an interest in supporting the concept. On March 14th, he and
Mayor Pennewitt will visit the working model at the Lake Local School District and are looking
forward to reporting their observations.
Councilman Esprit wished everyone a “Happy St. Patrick’s Day” and “Daylight Savings Time.”
President Felton said people would soon be receiving invitations to the City’s Annual Volunteer
Banquet scheduled for Tuesday, April 17th. She encouraged all those invited to attend.
Information on the event will be posted on Channel 10. Regarding Greene Memorial Hospital,
she encouraged citizens to stand up and be counted. It is important for Greene Memorial
Hospital to remain in the City and Council has had numerous meetings; however, no decision has
yet been made. It is important to keep Greene Memorial Hospital in Xenia because it will affect
the tax base, property values, etc. She encouraged citizens to pick up the phone, write a letter, or
to do whatever they can to help keep Greene Memorial Hospital in Xenia.
ADJOURNMENT: Motion by Vice President Miller, seconded by Mayor Pennewitt, to adjourn
Nays: None
motion carried.
Xenia City Council
Xenia City Council
March 19, 2007
Special Session
7:00 p.m.
The Xenia City Council met in a Special Session on March 19, 2007, at 7:08 p.m., in the City
Council Chambers, City Hall, with the following members present: Michael D. Engle, Dr. Lee
G. Esprit, Jr., Phyllis A. Pennewitt, and Patricia L. Felton.
William R. Miller, Dennis R. Propes, and Jeanne Mills were absent.
Strategic Planning.
Mr. Johnson shared the following Master Plan and supporting
documentation with Council, which he thought might put the strategic vision into perspective:
The Master Plan begins at the top with the vision statement. Once they are able to get either
affirmation from Council that they are going in the right direction or receive feedback or
amendments on which direction to go using the 12 core elements, then they will go back to the
section entitled “Improvement Programs.” They have already started doing quite a bit of work
on the improvement programs, which are the nuts and bolts of how to achieve the vision that
they see for the City. The 12 core elements are as follows:
He would like Council to come to a consensus on the direction staff needs to take with each of
the 12 puzzle pieces and where they want to be in 10 years. Staff will then respond by bringing
back to Council those improvement programs with scopes, methods, and timelines on how to
achieve the vision within a 10-year period for confirmation the programs are meeting their need.
Finally, funding options will be discussed. They know they will want to do everything listed, but
the City cannot afford to do them all right away, if at all. Items will come back to Council
during the 5-year Capital Improvement Plan discussion and impact the year-to-year budgeting.
Mr. Johnson said he and his staff think they are headed in the right direction, but they need
confirmation from Council. The strategic vision statements for the 12 puzzle pieces are sample
language and written in the present tense, as if it were 10 years from now. He believes many of
them fairly accurately describe what Council collectively believes is where the City should be in
the future. Council may want to slightly redirect or embellish some. In the end, they hope there
will be one set of 12 vision statements that Council collectively agrees upon.
Mr. Johnson suggested that to begin the process, each member could identify the strengths and
weaknesses of each strategic vision statement. He fears Council may see these as things staff is
telling them they think should be, but that is not the case. The language is just a sample. Staff
wants to hear what Council sees for the future. Ten years from now, what will industrial
development look like and what will have been accomplished. What will sustaining community
involvement look like in ten years? When they are done, they can go back with confidence and
start working on those “nuts and bolts” pieces of what methodology it would take to get there.
He entertained comments from Council.
President Felton had a problem with 95% of the narrative written in the present tense – she feels
they are already there. There is something missing. There are only a few things the City is not
doing that they should be doing today. What is different in the Master Plan than ten years from
now? Mr. Johnson agreed 80% of what staff feels should be happening ten years from now is
happening now. What is missing is Council’s affirmation that staff is headed in the right
direction in these areas. If there are major changes in the direction staff needs to go, those need
to be identified. They must pay attention to what is missing. For example, under “Industrial
Development,” ten years from now they don’t envision a Honda plant employing 5,000 people.
Therefore, resources should not be directed toward achieving that. The Master Plan is both what
the City is and is not. Again, it is mostly an affirmation that staff is headed in the right direction.
Mayor Pennewitt said in a document she developed, one question she had was, “How do we get
there?” Mr. Johnson said there are some key elements in Mayor Pennewitt’s vision statement
and the improvement plans that follow will have those in them. The more feedback they have on
how to get there is valuable. Mayor Pennewitt said she talked with Mr. Johnson quite a few
times and shared that she wanted the ideas listed in order; however, Mr. Johnson disagreed. She
realized the document tells how they would get there and not that they are already there.
Councilman Engle said in his e-mail he broke down a ‘5-year plus’ plan to the program level—not
the project level—and what needs to be done in areas that they constantly tend to come back to,
plus a few unique ones thrown in regarding e-governments. He did not focus on the process by
which to get there. He tended to agree they are already doing 80% of that now. He included areas
in which he thought staff needed to work. President Felton said they are doing everything except
e-government now. Councilman Engle said what is missing, and he did not presume to know, is
what the end objective would be if they desired to expand the City. President Felton said she
understood that and agreed that was not included. Councilman Engle thought they needed to agree
on the handful of things that staff should be devoting most of their time. As each of those things
are agreed upon, a reasonable closure should be reached on the end objectives.
President Felton said they are not doing it that way. The Master Plan is a futuristic vision. Staff
would then return with priorities, etc., on what they need in order to achieve the vision. There is no
accountability of any kind–these are just general statements. Mr. Johnson said he was not sure
they were looking for accountability at this stage. They know that within a two- to three-year plan,
they may have to shift gears because economic conditions, etc., may change. There is no
“pass/fail” if those things are not achieved ten years from now. He can guarantee if half of council
goes in one direction and the other half goes another direction, nobody’s vision will be achieved.
Staff needs to be assured they are going in the direction that Council wants them to go.
President Felton said historically they have established priorities per the Charter. Anything that
fits in over and above that, such as streets, downtown revitalization, and parks. Unfortunately,
they are no further along with street improvements than before. The downtown plan will require
that those business or property owners spend money, even if they have already said “no.” She
noted in the past, they would not agree to the dollar-for-dollar match.
Mr. Johnson thought the items President Felton mentioned were short-term. Priorities for next
year’s budget are short term. When looking at one year at a time, the long-range vision is lost,
which is the way staff is approaching it presently. That will give them common language on
what they want to do each year as a priority, and Council decides where the money will be spent.
President Felton said historically that has been the 5-year Capital Improvement Plan.
Mr. Johnson said the 5-year Capital Improvement Plan (CIP) is included as a key piece. The
improvement programs are not just capital expenditures but also operational programs. That has
been another problem staff is trying to resolve. In the past, they would do a 5-year CIP, which
states they want to buy three new police cruisers this year, three next year, and so on, but it did
not indicate how to handle that operationally.
President Felton said she understands the CIP and she understands police cars, for example, are
also an operational feature. But when she looks at a CIP, she sees larger and/or long-term
projects, such as North and South Detroit Streets and/or doubling the size of the City building. It
does not matter if they are short-term or long-term plans; they reach at least five years into the
future. At one time, they wanted to rent office space across the street to provide additional space
for City staff, which was a short-term goal. Nothing on that has been done as of today, and once
it was determined that they were unable to rent that building, progress stopped. They did not
keep looking for something else in order to enlarge their facility and/or relocating staff to the
Service Center where there is room.
Councilman Engle said at Wright-Patterson Air Force Base he uses their 5-year plan daily. He
uses it to establish both needed funds and projects to be accomplished. Without that, they would
flounder from year to year – they would not know where they are going until they got there.
President Felton agreed, but the plan is flexible based on the money available and/or what project
might come up. For example, she asked if the City has enough wells in good shape. If not, they
would need to find more to ensure there is enough water. Mr. Johnson said that would be an
element of the Water Treatment Improvement Plan, and staff is already looking at that. What is
the City’s capacity, the well field issues, etc.? President Felton was disappointed that a lot of this
has not already been done. Mr. Johnson said that is what they are trying to resolve. They have
come to a halt on many projects. Many projects are launched but are not sustained and brought
to conclusion. One of the solutions is to develop a Master Plan that lays out all these things. The
first step is to ensure everyone is heading in the same direction. Staff is committed to breaking
those old cultural habits of letting things just lie. They want to set up plans and be accountable
for them. The improvement programs will spell out in detail what they are going to do. Those
will constantly be brought back to Council. They will also do the 5-year CIP and the year-byyear Capital Plan, which will be benchmarks to say they know where they want to be ten years
from now, even if just holding their own due to finances. Right now, he is focusing on the right
direction to take.
President Felton felt the document presented to Council contained too many words and is too
lengthy. Mayor Pennewitt agreed. The document is too flowery. Let’s get down to facts and the
bare bones. Mr. Johnson said that was fine.
President Felton thought the document was well written as an advertising piece for the Chamber
of Commerce. She recalled Council disagreed with the XEGC’s mission statement because it
was too large. They could not get the former Executive Director to do anything except in the
industrial park. He did not visit any other businesses, particularly retail businesses. She fought
to have the mission statement changed to have those other businesses included. The XEGC
Board never made him accountable for those other areas. Until Steve Brodsky joined XEGC,
they never got any of that done. Economic development is not just the industrial park. The City
is not getting much new industry, but they need to keep what they have. More businesses of
different levels and retail businesses are needed. Everyone talks about annexation and extending
the Urban Service Area (USA), which is fine; however, everyone needs to understand what that
means. It does not only mean infrastructure (for which the developer pays). In the end, there are
maintenance issues; it also means determining whether the housing pays for itself. They
discovered that many of the senior housing units do not pay enough taxes to support the added
City services, such as Police and Fire protection and snow, ice, and leaf removal. She
acknowledged, as a senior citizen, she was only paying a little income tax from her job as
Council President and property taxes. It is fine to grow and annex additional property, but how
and where will that growth take place? Is Xenia going to stay a bedroom community? If so,
they will need to pay more money to get the services they receive. Otherwise, they need to
figure out how to get those businesses that will pay the best money. The City cannot lose any
more income tax revenue. The City cannot afford to lose school revenue. What would happen
to the City if both were lost? In that instance, all the planning won’t be worth anything. She
does not want planning to stop, but she felt a secondary source was needed if Greene Memorial
Hospital leaves Xenia. What would the City do in 2010? If the $500,000 to $800,000 projected
lost revenue is realized, how would the City pay the bills? It is a secondary tool.
Councilman Engle thought President Felton was laying out her options. President Felton said if
revenue stays like today, then everything is fine. What is the back-up plan if the City does not
have the money? She thought that was a part of what Council also needs to do along with what
Mr. Johnson presented. Councilman Engle felt President Felton was looking for the alternate
futures.
Councilman Esprit felt they are looking at the process. Council should identify what they want
done, and leave it up to staff to do it. Council sets the priorities, but then they go in different
directions. In what direction does Council want the Appointed Officials and staff to go? He
would like Council to prioritize what they want to be done now and in two, five or ten years.
President Felton said the vision statement is one thing. Staff is having a retreat in April to look
over the different issues and identify what needs to be done. The various departments will then
bring the projects back to Council to prioritize based on the budget. She asked Mr. Johnson if
that is what they discussed this morning. Mr. Johnson said yes, which would accomplish the
necessary operational steps in order to achieve the long-term goals. There will be some that are
fairly linear and some with contingency plans. Obviously, they cannot meet the gold standard on
everything they want to do; some trade-offs would be needed and taken into account. The one
thing it would provide that has not been done in the past is provide an accountability standard.
Staff will identify things they feel need to be moved forward, and each year staff expects to be
held accountable for bringing forth the next year’s portion.
Councilman Esprit said Council does not necessarily have to follow the Master Plan, as stated by
Mr. Johnson. Council can set its own priorities and tell the Appointed Officials what they would
like to have.
Mr. Bazelak asked if any members disagreed with any of the vision statements for the twelve
puzzle pieces as stated in Mr. Johnson’s memorandum of February 26, 2007.
President Felton said she disagreed with the statement referring to Hooven & Allison,
[“Brownfields are turned into assets with partnerships between the city and the state and the
region, returning older industrial sites such as Hooven & Allison into productive industrial or
commercial sites.”]. Brownfields are one thing; naming a business is something else.
Mr. Bazelak said staff could work on the language. The language may be too “flowery,” but he
asked if Council agrees with the philosophy. Council should look through each piece to see if
staff is moving in the right direction. If they disagree with the direction, staff and Council need
to look at that specific item and have a discussion to determine the direction needed. He asked if
they felt anything was missed, in terms of a vision that was not contained in one of those pieces.
After the discussion and approval, it can still be changed in the future. The action plan can then
be reviewed to make that particular puzzle piece happen down the road.
Councilman Esprit agreed with the twelve elements, but he felt they needed to be reviewed and
later prioritized.
Mr. Bazelak said an example of what he would like Council to address is when he looked at
“Housing,” part of the statement reads, “Conversion from private ownership to rental housing is
rare due to the ready availability of well cared for homes.” If Council would rather have more
rental housing as opposed to private ownership, then that statement would be incorrect.
President Felton thought the issue of annexation was an important element. Councilman Engle
noted annexation is mentioned under “Industrial Development,” and reads, “There is careful
annexation of land for development and appropriate investment in the infrastructure.”
Mr. Bazelak stated many of the returned citizen surveys stated what they wanted to see in terms
of the size of their community. Many people like Xenia’s small town feel. He asked if that
needs to be balanced with the need for growth from an economic standpoint. President Felton
said she had no problem with the statement, but annexation also needs to be addressed under
“Housing.” When Council approves the annexation of land for housing developments, there
needs to be a financial balance.
Councilman Engle said there are issues that crossover, and annexation is a part of industrial,
housing, and sustaining the community aspects. If our citizenry states they enjoy a small
community, then they need to consider that when looking at the types and number of new houses
built. President Felton agreed; just because someone wants to build a new development does not
mean it is best for the City. Councilman Engle agreed.
Mr. Johnson said the service capacity analysis monitors such things as what is the balance
between the cost of annexation and development versus the cost of providing services. It affects
the vision statement, relates to the improvement programs, and the day-to-day operation of the
City’s strategic plan. A key part of every recommendation and decision is to ask, “Is this good
for the City?” He agreed annexation needed to be emphasized in housing.
President Felton asked if the statements could be shortened. Mayor Pennewitt agreed.
Mr. Johnson said yes; they can be shortened and brought back to Council for consideration. He
acknowledged Ms. Simpson and Ms. Crockett, who were the key writers. He noted they found it
difficult to write in the present tense ten years from now. President Felton said these are Council
visions and should be written in that vein and not from a staff perspective, which is hard to do.
Mr. Johnson thought when the statements are shortened, the meaning may inadvertently change
because of the compression. Council will need to have a critical eye to ensure the intent was not
changed by shortening the statement. President Felton asked Councilman Engle for his opinion.
Councilman Engle felt short is always better, particularly for a decision-making body. It is hard
enough to agree on three sentences when many people are invested in the decision. Shortening
the sentences may inadvertently change the meaning for staff, but not necessarily for Council.
Mr. Johnson suggested changing it to a bulleted format. Councilman Engle thought that was a
great idea; bulleted statements make it easier to determine if one is on target or if the target was
totally missed. He suggested each subheading contain a sentence or two of introduction
followed by bulleted ideas. President Felton agreed. Mr. Johnson also agreed and thought that
would help with the improvement plans. President Felton asked staff to use the suggestion above
in their work session.
Councilman Esprit agreed with Councilman Engle that a narrative was still needed when bullets
are used. President Felton clarified the document would be written to include a narrative first
followed by bullets so staff would understand Council’s vision. Mr. Johnson agreed.
Councilman Esprit clarified tonight’s meeting was not to set priorities; that would be done in a
separate meeting. President Felton said that was correct. Staff would use the bulleted document
for their retreat in order to evaluate their needs and the direction to take. The document would
then be brought back to Council for approval, to discuss funding, and to establish a 5-year plan.
Councilman Engle believed they have already captured the essence of “Housing.” [Housing: A
healthy mix of homeownership opportunities, rental housing, and condominium housing are
available to the full spectrum of Xenians at all points of their life. Xenia is a desirable
community in which to live due to good schools and neighborhoods that are well maintained,
attractive, and safe.”] The rest of the paragraph describes the attributes and could be used in
developing improvement plans, such as “… continual reinvestment in older neighborhoods by
both the City and the residents.”
President Felton asked Mr. Johnson if he needed anything else. Mr. Johnson said they still need
to determine if staff missed any obvious components. Staff spent a considerable amount of time
creating the document and hoped they got most of it right, but they want Council’s input. One
thing is the emphasis on partnerships. He asked if partnership was indeed important to Council.
President Felton said not to her—money is what’s important to her. The mission statement deals
with how things can be done with the revenue available.
Councilman Esprit felt “Healthcare” was extremely important. All the areas are related, but
healthcare should be high on the list. Partnerships include not only other municipalities, but they
are statewide, nationwide, but worldwide. Partnerships involve many other things; people have
to collaborate and cooperate in order to work as a team. He feels partnership is very important,
which was mentioned when he was in Washington D.C. The different political parties recognize
they must learn to work together.
President Felton felt the federal government mandates what each state must do, which costs the
states money. Councilman Esprit said everyone wants money; however, it was suggested there is
no money to spread around to different programs because the bulk of the money is used to
support the War on Terrorism.
Mr. Johnson said information technology was added to the list of improvement programs.
Mr. Merriman began defining all the programs and recruited a team leader to drive each
program’s development. They have a good head start on getting the programs together.
Mayor Pennewitt requested clarification; she asked if the document would be changed to include
a brief introduction for each category followed by bulleted items. Mr. Johnson said that was his
understanding. President Felton thought it was agreed that Council would keep the copy of what
Mr. Johnson shared and staff would rewrite it with bulleted items under each category.
Mr. Johnson agreed. The rewritten document would not replace what Council was given tonight,
but it would be an addition. President Felton said Council would use the original document to
compare against the additional document to ensure nothing is missing or unclear.
Mayor Pennewitt understands the original document is not the finished product; the bulleted
document with the short introductions will be the final product. President Felton disagreed.
Mayor Pennewitt thought the document Mr. Johnson shared tonight was too much, but it would
be great to use in advertising. Mr. Johnson thought that might be what it becomes. Mayor
Pennewitt did not feel the present document was appropriate.
Councilman Engle said he did not fundamentally disagree with anything contained in the
document, but he agreed with Mayor Pennewitt and President Felton that “less is more.” The
advertising and succinct nature of it demands what is being requested. Council needs a very
concise vision. The vision is not all the details that make it up. As an example, his vision at
WPAFB is “a stable, democratically elected government in Iraq,” which would be followed by
tons of bullets. In the example he used under “Housing,” the first two sentences would be
followed by an explanation on what needs to be done. President Felton said that was the job of
staff. Councilman Engle agreed.
Mayor Pennewitt said that is what she also heard. The document presented is too much; one gets
lost in the details trying to get through it. Councilman Engle said as an engineer, he starts trying
to analyze the details, as opposed to the guiding principal. Regarding “housing,” they want all
sorts of multi-functional housing for the citizens of Xenia no matter where they are in their point
in life. Additionally, Xenia is a good place to live because the school system and community
work together in partnership. That would be his vision for housing in Xenia if someone asked.
Then someone would ask how he would do that, and he would then explain the things he is doing
and funding against each thing to try to make it happen or make it better.
President Felton asked if Mr. Johnson understood the concept. Mr. Johnson said yes, but his
mind was weaving in a different direction. Staff might not have to choose between the two
documents to decide which one is the vision. The important thing is that Council be able to
interpret the vision to staff so the planning and implementation can begin. However, all of this
would become a public relations piece. Whether the document is converted to “talking points”
or a five-page dissertation on each one, they can decide later which ones are more important. It
will be very valuable in selling these visions to the public because when it is time to run levies,
the public will want to hear that the City has their act together and knows where they are going.
That will be an important message to be successful in some of the funding efforts that depend on
the public. They can decide as they go along what the appropriate format is for each audience.
Councilman Engle asked if President Felton would like him to assist with summarizing and
bulleting the document. President Felton said she was fine with using the bullets. Mayor
Pennewitt agreed. Mr. Johnson said a draft would be developed and forwarded to Council.
President Felton asked Mr. Johnson if he had what he needed. Mr. Johnson said yes.
President Felton asked if everyone agreed. Councilman Esprit asked on what date the retreat or
work session was planned. President Felton said the retreat was for staff—not for Council.
Mr. Johnson said the retreat is scheduled for April 4th.
President Felton confirmed staff would shorten the document shared tonight and use bullets.
Mr. Johnson said very shortly a basic outline of the improvements programs would be shared
with Council that would show operationally the course staff believes needs to be planned and
followed, which would lead into the 5-year CIP. Council would then prioritize the 5-year CIP so
the correct amount is in the budget. He also felt a work session was needed to learn everything
about government financing, the various options that were appropriate for which activity, etc.,
and asked that Mr. Bazelak assist with that. Staff would then have a base knowledge since many
of the things would be fast-tracked and require quick decisions on funding.
Mayor Pennewitt asked if a levy would be done this fall. If so, Council needs information as
soon as possible.
President Felton felt this might be a good time of year to bring up a levy given the condition of
streets and a time when citizens are complaining about them. A levy may not pass, but she felt
assured it would not pass next year if the schools also have a big levy on the ballot. Councilman
Engle agreed that was when the schools may present a levy. Mr. Johnson said even if a levy is
passed, it will take several years to get to all the streets.
President Felton asked how much money a levy would generate. There was a 10-year plan for
street improvements. She did not know how much costs have risen since the plan was
developed, but when Mr. Jones was asked, he estimated street repairs would cost $15 million. If
a levy is to be considered, the paperwork must be filed in August 2007.
Councilman Esprit asked if Council wanted a levy on the ballot. President Felton said she did,
but other Council members would need to vote. The four Council members present could vote to
ask that staff present all the data in order to make a decision in 30 days. Mayor Pennewitt asked
if members wished to do that now.
President Felton asked if giving Mr. Bazelak 30 days to develop a cost estimate was enough
time. Mr. Bazelak said $15 million for street improvements would equate to a 3.5 mill levy.
Mayor Pennewitt said she would like something presented for Council to study. Mr. Bazelak
said it would not be a problem to have information to Council within 30 days. President Felton
said they also need Mr. Jones to review his figures. Mr. Bazelak agreed there were a myriad of
things that need to be reviewed. President Felton said the Street Department has a priority list.
Mayor Pennewitt suggested this could be done by the last Council meeting in April. President
Felton felt a motion was not needed. Council could make a decision at the last meeting in April
and then decide whether to vote. She will inform the three Council members not in attendance.
Mr. Bazelak suggested there be some dialogue about priorities, because there were a number of
things listed in addition to streets. Some Council members serve on the Feasibility Committee
for the Xenia Community Schools. If the City desires to support a possible school levy, having a
street levy on the ballot at the same time may be viewed by the school system as a detriment to
having their levy passed. There is a limited amount of money the citizens may be able or willing
to pay. Staff received numerous calls from residents because their utility bills increased by $1.00
due to the addition of stormwater fees. A street levy would be considerably more than $1.00.
There is a definite need for street improvements, as well as staffing issues, facilities needs, etc.,
that need to be prioritized.
President Felton said she appreciated the school’s problem, but her job is to ensure there is
enough money in the City to take care of the needs of its citizens. Mr. Bazelak said one puzzle
piece is the schools, which is inter-related to other puzzle pieces. President Felton agreed with
Mr. Bazelak, but if placing a street improvement levy on the ballot is to be considered, it must be
done early. The streets are bad and staff does not have enough time or money to get them
repaired. She did not know another way to get street repairs done.
The Special Session was adjourned at 8:12 p.m.
Xenia City Council
Xenia City Council
March 22, 2007
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on March 22, 2007, at 5:30 p.m., in the
Miller, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
Michael D. Engle and Dr. Lee G. Esprit, Jr., arrived late and were present for the later part of the
meeting.
Motion by Vice President Miller, seconded by Councilman Propes, to go into an Executive
Session to discuss Personnel Matters. No discussion followed. The Roll on this was the
following:
Ayes: Miller, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Regular Session
7:00 p.m.
The Xenia City Council adjourned the Executive Session to meet in a Regular Session at 7 p.m.
in the Council Chambers, City Hall, with the following members present: William R. Miller,
INVOCATION: Clint Mahan, Athletes In Action, gave the invocation after which all joined in
the Pledge of Allegiance.
APPROVAL OF MINUTES: Motion by Councilwoman Mills, seconded by Mayor Pennewitt,
to approve the March 8, 2007, Regular Session minutes as written. No discussion followed. The
Roll on this was the following:
Nays: None
motion carried.
SPECIAL PRESENTATIONS:
Proclamation to American Red Cross. Mayor Pennewitt said it was an honor to present a
Proclamation to Mrs. Johnson and Judy Elder, which stated in part, “For more than a century,
the American Red Cross has been at the forefront of helping Americans prevent, prepare for, and
respond to disasters. Each year during the month of March, the American Red Cross is formally
recognized. The Dayton Area Chapter helps make the City of Xenia a better place to live, work,
and raise a family. It is the largest humanitarian organization in the United States and depends
on volunteers to accomplish its mission, which is to provide relief to victims in disasters and help
prevent, prepare for, and respond to emergencies. This year in Xenia, March 22, 2007, is
‘Hometown Heroes Day,’ a day dedicated to celebrate and recognize volunteers, employees,
partners, and donors who willing give their valuable time and resources. When you help the
American Red Cross, you help each other.” (Applause followed.)
Greene County Career Center Levy -- Superintendent Marsha Leonard. Ms. Leonard said
last fall Issue 7 (a replacement levy) failed by less than 1% and Issue 8 (a new .25 mill levy for
additional building space) failed. The Board decided it was most urgent to place Issue 5, a .75 mill
five-year replacement permanent capital improvement levy back on the ballot. The permanent
improvement levy does not mean it will continue forever; the dollars can only be used for
renovations, facility upgrades, equipment, technology, etc. This levy was first passed in 1987 and
last renewed in 2001. The levy expired in December 2006; however, they continue to receive
taxes from this levy through December 2007. If the levy is not replaced, there will no longer be
funds for upgrading their facility. They take great pride in continuing to upgrade the facility,
keeping it clean, and making it an inviting facility for the students. Students are educated in their
laboratories using current equipment and technology, and their Advisory Committee requested
they continue in that vein in order to prepare students for theirs career and/or post-secondary
education. Why are permanent improvement funds needed? The Ohio School Facilities
Commission (OSFC) assessed the Career Center last spring and summer and felt $12 million in
upgrades were needed. Part of the money from the levy, which would yield approximately $12.5
million, would be used to upgrade technology—purchase the latest software and laboratory
equipment. The majority of their laboratories are very equipment intensive. The funds from this
levy cannot be used for general operating expenses nor for salaries or benefits for employees. The
cost to the taxpayer is $22.97 per $100,000 property valuation per year over a 5-year period (the
length of the levy). The replacement levy would cost the taxpayer an additional $5.35 per
$100,000 valuation over what they are currently paying. She noted the north part of Xenia voted
to pass the replacement levy in November 2006, but the south part of Xenia voted against it. She
asked City Council to continue to support them as a partner to Xenia Community Schools in their
efforts to provide educational options for students. Fairborn sends the greatest number of students
to the Career Center followed closely by Xenia. She distributed an “Issue 5 Fact Sheet.” Yard
signs supporting the levy will be available next week. She asked that Council share their needs
with Mayor Pennewitt and they will deliver information fact sheets or yard signs.
overseas, now more than ever, and to bring them home safely. He thanked all the City
employees for their efforts in meeting all the snow and ice needs under some very difficult
circumstances. He reminded the public to thank the Police, Fire, postal workers, and trash
collectors for their work during the snow emergency.
Planning & Zoning Commission. Mayor Pennewitt said XPZC met on March 1, 2007.
A welcome was extended to Joshua Long, the newest Commissioner. The final plat for Wise
Manor, Section 3 was recommended for approval. City Planner Nimfa Simpson conducted a
training session covering the role and responsibilities of the Xenia Planning and Zoning
Commissioners.
Mayors & Managers. Mayor Pennewitt asked Mr. Johnson to give the report since she
was unable to attend. Mr. Johnson said the March 19th meeting was held at the Beavercreek
Country Club. The guest speaker was Doug Franklin, publisher of the Dayton Daily News. He
focused on cooperative and collaborative efforts among jurisdictions concerning the
Montgomery County Joint Dispatch Center. He identified that the future in finance efforts lies
with the public supporting cooperative, consolidated service efforts, but recognized that the
Miami Valley already has a history of doing this. All jurisdictions should consider shared
services as part of their budgets and operational planning. He suggested communities start small
and over time, they would be cooperating within a county. In the next 20-25 years, the
cooperation will extend to the Cincinnati/Dayton/Springfield metropolitan area, because that is
the 18th largest market in the United States presently. Many of the regional efforts will likely be
found in those types of partnerships.
Miami Valley Regional Planning Commission. Mayor Pennewitt said she was unable
to attend the meeting and asked Councilman Esprit to give the report. Councilman Esprit said a
short meeting was held on March 1st. The key item was a presentation on the Transportation
Plan Update’s Gap Analysis by a member from Wright State University. They broke down into
committees representing various regions. Details of the meeting can be obtained from Mayor
Pennewitt.
Board for Recreation, Arts, & Cultural Activities. Councilwoman Mills said BRACA
met on March 13th. Heather Beem was welcomed as the newest Board member and Michelle
Fisher was introduced as the new Director of Xenia Parks and Recreation. She thanked
Ms. Simpson for giving an overview on existing City park facilities, fee-in-lieu of parkland
dedication, etc. They discussed BRACA’s 2007 goals and objectives. They look forward to
implementing the goals, such as basketball hoops, soccer kick boards, corn holes, and dodge ball
courts in various parks in the City. The 2008 budget recommendation will be finalized by April for
submission to the City Manager. The Parks and Recreation Department upcoming events are:
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Fishing Derby: At Shawnee Park on June 16th from 9 to noon for children ages 3 to 15.
Easter Egg Hunt: At Shawnee Park on April 7th at 2 p.m. for children up to 12 years of age.
Championship All Star Game: The coaches versus staff basketball game will be held on
Saturday, March 24th, beginning at 8 a.m. at Xenia High School.
“Music in the Park” begins June 2nd and concludes August 26th. The Parks and Recreation
Department will utilize the new utility billing statement to share information on all the events.
Some events are as follows: June 2 – WBZI and the City of Xenia Day; June 3 – Kettering Civic
Day; June 10 – Bullet Proof ; June 24 – Kiwanis Ox Roast and the Ray Foster Band; August 19 –
Greene County Adult Choir and VISX ice cream fundraiser; and August 26 – Springfield
Symphony Brass Quartet. She congratulated BRACA member, Sandy Feix, for receiving the
“Robert Babb” Award for outstanding volunteer at the Xenia Chamber of Commerce Banquet.
Mayor Pennewitt said WBZI interviewed her today and she provided them a list of BRACA’s
upcoming events.
Traffic Commission. Councilman Propes said Mr. Norman DeHaven’s term on the
Xenia Traffic Commission expired on January 8, 2007. Mr. DeHaven expressed his desire to be
reappointed to the Commission for a four-year term that will expire on January 8, 2011.
Motion by Councilman Propes, seconded by Vice President Miller, to reappoint Mr. Norman
DeHaven to the Xenia Traffic Commission for a four-year term with an expiration date of
January 8, 2011. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Approval of Final Plat for Wise Manor, Section 3. Mr. Johnson respectfully requested
Council approve the final plat for Wise Manor, Section 3, consisting of 14 lots on 4.397 acres.
He noted Ms. Simpson was available for questions.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to approve the final plat for Wise
Manor, Section 3. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Introduction of an Ordinance to Waive Competitive Bidding and Enter into a
Contract with W.S. Electronics for the Purchase of Radio Equipment for the Xenia Fire
Division. Mr. Johnson respectfully requested Council introduce an ordinance waiving
competitive bidding and authorizing the City Manager to enter into a contract with
W.S. Electronics and M/A-Com for the purchase of twelve (12) portable radios for the Fire
Division in the amount of $26,835. He noted Chief Leaming was available for comments.
President Felton asked if the Fire Department needed to purchase the radios now. Chief
Leaming said the ordinance is an annual replacement, and when a purchase is delayed, there is
always the risk of a price increase. It is imperative the radios are replaced annually to keep up
with technology. President Felton asked when the radios were ordered last year. Chief Leaming
said the radios were ordered about the same time last year; they are typically the first items
ordered annually once the budget is approved.
President Felton asked Mr. Johnson if the ordinance needed to be passed as an emergency.
Mr. Johnson said only an introduction was needed.
Mayor Pennewitt said the budget detail sheets show seven (7) radios. Chief Leaming said the
detail sheets reflect requests for both portable and mobile radios. Through deactivation of a
couple of units, they were able to save the mobile radios. Tonight’s request is for additional
portable radios; due to a cost savings, they are requesting more radios be purchased but at a
better price. No mobile radios are needed this year.
Councilman Esprit introduced an ORDINANCE AUTHORIZING THE CITY MANAGER TO
WS ELECTRONICS AND M/A-COM FOR THE PURCHASE OF TWELVE (12) 800 MHZ.
PORTABLE RADIOS FOR THE FIRE DIVISION, and it was read for the first time.
Motion by Councilman Esprit, seconded by Councilman Propes, to approve payment of bills
totaling $398,954.78. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
RESOLUTION AMENDING APPENDIX A OF THE EMPLOYEE BENEFITS MANUAL
(NON-UNION WAGE RANGES) OF THE CITY OF XENIA, and it was read for a second time.
Motion by Councilman Engle, seconded by Councilman Esprit, that Resolution Number 07-E be
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Mayor Pennewitt gave the
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02/22/07--Extended a welcome to the Wilberforce University Chapel Service attendees.
02/23/07--Attended a retirement party for City employee, Mike Welling.
02/25/07--Volunteered at “Day of Caring Brunch” at Xenia Adult Recreation & Services Center.
02/26/07--Attended the Clark State Greene Center groundbreaking ceremony.
02/26/07--Interviewed a Boy Scout.
02/27/07--Attended a “Rail and Arts Fest” meeting.
02/27/07--Attended an “Under One Roof” presentation at a Kiwanis meeting.
02/28/07--Attended a National Prayer luncheon at Wright-Patterson Air Force Base.
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03/01/07--Presented a Proclamation to Linda McLaughlin, retiring Assistant to the Commander
and Executive Director, 88th Air Base Wing, at WPAFB.
03/01/07--Attended a Xenia Planning and Zoning Commission meeting.
03/05/07--Attended both a volunteer banquet meeting and Feasibility Committee meeting.
03/06/07--Present at the Central State University 120th Convocation.
03/07/07--Attended an XEGC meeting.
03/08/07--Guest at the National School Breakfast held at Spring Hill Elementary School.
03/08/07--Attended the “Toast of the Town” at Toward Independence.
03/10/07--Presented a Proclamation and Commendations at the Chamber of Commerce annual
banquet.
03/12/07--Attended a job description and policies meeting.
03/14/07--Toured Lake Local Schools, which was a great tour. More people should investigate
this “Under One Roof” facility. The building contains a high school, two libraries, the Chamber
of Commerce, etc. The YMCA shares their pool with the high school and other groups and was
amazed at the number and variety of ages using the pool. The library had a large number of
computers. It was so exciting to see their auditorium/cafeteria, which was well planned. She
hopes the Xenia Community Schools can follow the “Under One Roof” concept.
03/15/07--Spoke to Mrs. South’s 3rd grade class at Spring Hill Elementary to discuss local
government. Kids today really ask some great questions about government, changing laws, and
their responsibilities. The students were amazed at the size of the City’s Ordinance book.
03/18/07--Attended a Habitat for Humanity ground breaking ceremony at 565 Chestnut Street.
03/19/07--Attended a Feasibility Committee meeting
03/20/07--Attended OML Legislative Luncheon in Columbus; she will share a report with Council.
03/20/07--Attended a "Rail and Arts Fest" meeting.
03/22/07--Attended the “Celebration of Dedication” at Fire Station #1.
Mayor Pennewitt thanked Mr. Johnson and Councilman Esprit for filling in for her at two
meetings this month that she was unable to attend.
Councilwoman Mills reminded everyone about the March 24th basketball tournament at 8 a.m.,
and the Bengals versus Xenia All Stars basketball game at 7 p.m. at Xenia High School. On the
same day, Tecumseh Elementary is having their Spring Festival from 2 to 4 p.m. There will be
basket auctions and she encouraged the public to attend.
Councilman Propes felt fortunate to attend the National League of Cities Conference in
Washington D.C., along with Councilman Esprit and Vice President Miller. There were a series
of very informative seminars from which he learned a lot and met a number of interesting
people. It was comforting to see that other communities are experiencing similar problems as
Xenia. Networking and seeing how other communities dealt with those issues was worth all the
time they spent.
As Councilman Propes mentioned, Vice President Miller said he also attended the National
League of Cities Conference. There were open sessions with a guest speaker and smaller work
sessions. A variety of information was gathered. The Ohio Municipal League had a “Meet and
Greet.” He wished his twin daughters, Maggie and Meredith, a “Happy Birthday,” – they will be
one year old tomorrow.
Councilman Engle said at the most recent “Under One Roof” committee meeting, the group
reached a milestone. The two co-chairpersons asked the YMCA, the Greene County Library and
others to ask their board to confirm their sincere interest in partnership. He encouraged everyone
to learn more about this very important, deserving project. He looks forward to the upcoming
meetings to see how the various boards respond. It is a good opportunity for Xenia for many
years in the future.
Councilman Esprit reiterated the comments of Councilman Propes and Vice President Miller.
He hopes the “Under One Roof” concept is successful. It is an excellent concept that will take a
lot of work but will be good for the community.
President Felton shared that in the “Neighbors” Section of the Dayton Daily News there was a
nice article today on “Under One Roof.” Citizens can also call Council members or the schools
for more information.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Councilman Engle, to adjourn
Nays: None
motion carried.
Xenia City Council
Xenia City Council
April 12, 2007
Executive Session
5:30 p.m.
The Xenia City Council met in an Executive Session on April 12, 2007, at 5:30 p.m., in the First
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to go into an 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.
The Xenia City Council adjourned the Executive Session to meet in a Regular Session at
7:03 p.m., in the City Council Chambers, City Hall, with the following members present:
INVOCATION: Amy Nooks, United AME Church, gave the invocation after which all joined
in the Pledge of Allegiance.
approve the March 19, 2007, Special Session minutes as written. No discussion followed. The
Ayes:
Miller, Engle, Esprit, Pennewitt, and Felton
Abstain: Propes and Mills
Nays:
None
motion carried.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to approve the March 22, 2007,
Executive and Regular Session minutes as written. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Marshall Stills, Jr., 1815 Roxbury Drive, wondered if Council had a chance to read his
correspondence regarding children playing in the street using portable basketball hoops.
XCC Executive/Regular Session Meeting Minutes, 04-12-07, Page 2
While playing in the street, children are in direct violation of City Ordinance 00-59 [XCO
Section 412.06]. His letter explained his concerns about potential damage to his property, and
most importantly, the safety of the children in relation to moving vehicles. He asked if Council
needed any additional information.
President Felton acknowledged all Council members received a copy of Mr. Stills’ letter, which
was referred to the City Manager. Mr. Johnson said they appreciated the information and
recognized it was a problem in many neighborhoods. They are looking at ways to safely enforce
the ordinance. They will do what they can to alleviate the problem. President Felton said
Council was aware there was a safety problem and noted the basketball goals were not removed
when it snowed and were hit by City trucks. She thanked Mr. Stills for speaking at tonight’s
meeting and assured him the City Manager would contact him.
Traffic Commission: Councilman Propes said the April meeting was cancelled due to
lack of agenda items.
Greene County Regional Planning Commission: Councilman Propes said both he and
his alternate were unable to attend the meeting due to scheduling conflicts. The meeting
notification and agenda items were received very late. He offered to forward the minutes of the
meeting to Council when he receives them.
President Felton asked Councilman Propes if he and Ms. Simpson resolved the Urban Service Area
matter. Councilman Propes said yes. He spoke with Ms. Simpson and she expressed the same
concerns during the Public Hearing. The annexation of the Gerdes property changed those
proposed boundaries. President Felton recalled previously when annexation was done Council did
not have to amend the Urban Service Area. She thought Council had to vote on Urban Service
Area and asked the City Manager to verify that in the record. Mr. Johnson agreed to do so.
Board of Zoning Appeals. Vice President Miller said there was no March BZA meeting
due to lack of agenda items.
City Manager’s Office: Mr. Johnson introduced Adam Ledbetter, the new Assistant
City Engineer. Mr. Ledbetter said it was a pleasure to attend his first Council meeting and
shared he has been living in Xenia since he was 1 year old.
Confirmation of the XEGC Board of Trustees for 2007/Submittal of 2006 XEGC
Annual Report and By Law Changes. Mr. Johnson respectfully requested Council approve
three (3) separate actions:
Motion #1: Confirm the applicable Xenia Economic Growth Corporation officers and trustees for 2007,
private and other public sector organization representatives for 2007, and the at-large representatives for
the applicable terms as proposed.
Motion #2: Accept the Xenia Economic Growth Corporation Annual Report for 2006 as presented.
Motion #3: Approve the Xenia Economic Growth Corporation changes to By-Laws in reference to term
limits per the memorandum.
Mr. Johnson noted XEGC Executive Director Steve Brodsky was available for questions.
Motion by Councilman Esprit, seconded by Vice President Miller, to confirm the applicable
Xenia Economic Growth Corporation officers and trustees for 2007, private and other public
sector organization representatives for 2007, 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 Vice President Miller, to accept the Xenia
Economic Growth Corporation Annual Report for 2006 as presented. No discussion followed.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to approve the Xenia Economic
Growth Corporation changes to By-Laws in reference to term limits per the memorandum.
Discussion followed.
Mayor Pennewitt said she questioned the conditions for termination and received a nice response
from the XEGC Director. Mr. Brodsky said Article III, Section 4 addresses “Termination of
Membership,” which includes unexcused absences from three consecutive meetings of the
Board. Approval of such termination shall be by the City Council.
President Felton said she spoke with Mr. Brodsky about her objection to imposing term limits
because it is difficult to get people to volunteer in any capacity. At this time she did not object to
XEGC trying term limits to see if they are effective; however, she asked that the matter be
brought before Council if it presents a problem.
Mayor Pennewitt wished to clarify an issue she had on “excused absences.” She received an
e-mail that stated, “The rules don’t specify but the records indicate whether each member that
attended called or was a no-show. I am assuming a no-show is an unexcused absence and a
calling is excused.” Mr. Brodsky said that was correct. If the person calls and gives the reason
they cannot attend, they are excused. If they do not show up or call and do not give a reason
why they cannot attend, that is considered an unexcused absence. Mayor Pennewitt clarified a
member would be excused as long as they call and give a reason. Mr. Brodsky said many of the
board members are business people who often have business conflicts or are out of town.
Nays: None
motion carried.
Emergency Appropriation to Purchase Four (4) Automatic Emergency
Defibrillators for the Public Service Department. Mr. Johnson respectfully requested Council
entertain two motions:
Motion #1: Move to dispense with the requirement for the reading of the proposed ordinance at two
meetings of Council at least one week apart, and approve the Supplemental Appropriation Ordinance in
the amount of $1,895 into each of the following accounts: 664-6602-55599, 665-1331-55599, 665-133655599, 361-1446-55599; for the purchase of AED units for each location.
Motion #2: Move to dispense with the requirement for the reading of the proposed ordinance at two
meetings of Council at least one week apart, and approve the ordinance to waive competitive bidding for
the AED units and issue a purchase requisition to Zee Medical, Inc., in the amount of $7,580.
He noted Public Service Director Jim Jones was available for questions.
FOR THE PURCHASE OF AUTOMATIC EMERGENCY DEFIBRILLATORS, AND
Motion by Vice President Miller, seconded by Councilman Engle, that the rules requiring the
Vice President Miller asked if there was a defibrillator in City Hall. Mr. Johnson said not yet.
Vice President Miller asked why. Mr. Johnson said they are not budgeted; the first appropriation
would be for where the work force is primarily located. There are many people in that area
where often times there are only one or two people in the building in locked facilities, which
affects emergency response. There are medical certifications and training needed before AED’s
can be used. This is the first wave of purchasing AED’s. Vice President Miller asked if there
were defibrillators in Police cruisers. Mr. Johnson said no, but the Fire Division has several
units. Vice President Miller asked if the Courts had defibrillators. Mr. Johnson said no.
Mr. Lewis noted a Municipal Court Bailiff was recently hospitalized after becoming ill and staff
thought he was having a heart attack.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Engle, that Ordinance Number 07-11
be now passed. The Roll on this was the following:
Nays: None
motion carried.
Councilman Esprit presented an ORDINANCE TO WAIVE COMPETITIVE BIDDING FOR
ZEE MEDICAL, INC., FOR THE PURCHASE OF AUTOMATIC EMERGENCY
DEFIBRILLATORS FOR THE PUBLIC SERVICE DEPARTMENT, AND DECLARING AN
EMERGENCY.
Motion by Councilman Esprit, seconded by Vice President Miller, that the rules requiring the
President Felton asked why this ordinance needed to be passed as an emergency since the money
was appropriated in March 2006. The defibrillators were obviously not important at that time or
something delayed the purchase. Also, why was a State bid not sought for comparison? The
agenda item report states, “We now have a doctor’s permission to purchase the recommended
equipment.” Council does not need a doctor’s permission to purchase the equipment—only to
conduct the training. Is there a letter from a doctor agreeing to conduct the training?
Mr. Jones said the purchase was not made last year because this concept was new and got caught
up in the Safety Committee that was comprised of a number of Public Service personnel. Staff
investigated the defibrillators and discovered a doctor had to write a prescription, the protocol
and to conduct training. It took time to find a doctor to obtain what they needed, since there is a
medical liability if staff is not properly trained, even though the AED’s have clear instructions
for use. He did not know if defibrillators were available for State bid. He was only aware of the
two companies that submitted bids. One company had a delay in manufacturing, which is the
reason they recommended the other vendor.
President Felton clarified staff found a doctor and asked if training has been scheduled.
Mr. Jones said yes they found a doctor, but no, training has not been scheduled. All staff in the
Public Service Department just completed CPR training with the American Red Cross through
Greene Memorial Hospital. Mr. Johnson noted the doctor who wrote the prescription for the
defibrillators also agreed to write the protocols for training. President Felton asked that this be
clarified better in the future should something similar be requested. Mr. Jones agreed to do that.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Vice President Miller, that Ordinance Number 07-12
Nays: None
motion carried.
Mayor Pennewitt noted Mr. Jones answered questions on this agenda item prior to the meeting.
President Felton acknowledged that but felt the public had a right to know what was discussed.
Vice President Miller said defibrillators have been available for quite some time, they have
proven to save lives, and he felt one should be located in City Hall and also Municipal Court.
Someone other than the bailiff should be trained, because one might need to use it on him.
Approval of Updated Materials and Construction Specifications Manual.
Mr. Johnson respectfully requested Council introduce an ordinance changing Codified Ordinance
§1024.01 to accept the updated Materials and Construction Specifications Manual dated
February 2007. He noted Mr. Jones was available for questions.
President Felton said she and Mayor Pennewitt discussed the paragraph that reads, “These
specifications are approved by the City Council. They are written and approved by the City of
Xenia Engineer and shall be enforced, and no part thereof altered without approval of said City
of Xenia Engineer.” She asked the Law Director for his opinion.
Mr. Lewis said he agreed with the paragraph in concept, but not necessarily as worded. The City
Engineer needs the ability to be flexible and they should want him to use the latest and greatest
technology available without having to come before Council each time there is an upgraded pipe
or fitting. For him, it is more a problem with semantics. Council approves the specifications in
ordinance form, which is dated. If changes are made to the specifications, that is an amendment
to the ordinance, which cannot be done without Council action. He suggested Council give the
Engineer the ability to amend the manual and make non-substantive changes that are minor in
nature. This does not give the City Engineer the ability to change the design of streetlights or
eliminating a traffic signal. It is not clearly written and perhaps not appropriate.
Mr. Jones did not object to Mr. Lewis’ comments. The intent of the change gives him
permission to allow changes to the practices and products in the event that a better product or
practice within the industry is available. As an example, copper is standard but he would have
the authority to use plastic, which is less costly and still effective.
President Felton asked that the wording be modified and voted on at their next meeting.
Vice President Miller introduced an ORDINANCE AMENDING CODIFIED ORDINANCE
§1024.01 ACCEPTING AN UPDATED MATERIALS AND CONSTRUCTION
SPECIFICATIONS MANUAL FOR THE CITY OF XENIA, and it was read for the first time.
Authorization to Waive Competitive Bidding and Enter into a Contract for
Landfill-Area A Gas Assessment 2007. Mr. Johnson respectfully requested Council waive
competitive bidding for the Landfill-Area A Gas Assessment 2007 and execute a contract with
MacTec Engineering and Consulting, Inc., in the amount of $13,549 for said project. He noted
Jim Jones, Director of Public Services/City Engineer was available for questions.
Vice President Miller presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
MACTEC ENGINEERING & CONSULTING FOR THE PURPOSE OF PERFORMING THE
LANDFILL - AREA A GAS ASSESSMENT PROJECT AND DECLARING AN
EMERGENCY.
Motion by Vice President Miller, seconded by Councilman Propes, that the rules requiring the
President Felton asked Mr. Jones to explain this request. Mr. Jones said methane gas
concentrations at Area A of the Landfill (located adjacent to the Sanitation Barn on Towler
Road) have exceeded allowable concentrations for off-site gas migration for an extended period
(November 2005 to present). During the 2006 Landfill inspection with the GCCHD and the
Ohio EPA, this site was in violation and in contingent status with a requirement to investigate,
plan and begin gas remediation efforts to alleviate the migrating gas. There are about 40 wells
monitoring water quality. There is an indication that methane gas has migrated across the road
and onto the property across the street. They have to determine exactly where that has taken
place. Presently, there is only a monitoring well on City property on Towler Road; they want to
install monitoring wells across the street to determine if there is a dangerous level of methane gas
at that location. If that were the case, a long ditch would be dug and filled with gravel on our site
to alleviate the problem. Staff does not know what they will find once they go down the required
ten feet. If during the digging they discover trash, more extensive digging will be required,
which would open up the City to other issues.
Nays: None
motion carried.
Nays: None
motion carried.
Purchase a Mowing Tractor through State Bid for the Public Service Department.
Mr. Johnson respectfully requested passage of two motions. The tractor and mowing deck are
sold as separate items and both are available through the Ohio Department of Administrative
Services Cooperative Purchasing Program.
Motion #1: Authorize the City Manager to execute a contract and issue a purchase order in the amount of
$34,536 to Steinke Tractor Sales, 707 S. Barron St., Eaton, Ohio 45320 for the purchase of a New
Holland Tractor Model TN75SA.
Motion #2: Authorize the City Manager to execute a contract and issue a purchase order in the amount of
with $4,799.63 to MoTrim Incorporated for the purchase of a Cartner Flail mower model CR-88F.
execute a contract and issue a purchase order in the amount of $34,536 to Steinke Tractor Sales,
707 S. Barron St., Eaton, Ohio 45320 for the purchase of a New Holland Tractor Model
TN75SA. Discussion followed.
Councilwoman Mills asked if staff looked at other types of mowers other than New Holland
Tractors. Mr. Jones said this is through a State bid; the State conducts their own bidding
procedures, and the City can cooperate with them for purchases. The State bid lists a number of
options and various manufacturers and staff picks the one that best meets their needs and has the
best price.
Vice President Miller asked if staff was aware how much was saved by going through the State
bidding process. Mr. Jones said he did not know exactly, but he believed this process saves a
considerable amount in terms of cost for the item(s) and staff time. He offered to provide the
figures. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to authorize the City Manager to
execute a contract and issue a purchase order in the amount of $4,799.63 to MoTrim
Incorporated for the purchase of a Cartner Flail mower model CR-88F. No discussion followed.
Nays: None
motion carried.
Appropriate Funds to Pay Final Invoice for 2006 Street Resurfacing Project.
Mr. Johnson respectfully requested Council dispense with the requirement for the reading of the
proposed ordinance at two meetings of Council at least one week apart, and approve the
Supplemental Appropriation Ordinance in the amount of $1,354.00 for the Water Capital Funds
into the Water Main, Valves and Hydrants Account (664-6120-55503).
Councilman Esprit presented an ORDINANCE AMENDING ORDINANCE 07-07 TO MAKE
ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE CITY
OF XENIA, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007, and
Motion by Councilman Esprit, seconded by Mayor Pennewitt, 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. President Felton asked if this was a change order.
Mr. Jones said the process to pay the bill began in August 2006, but somehow it was not paid.
Nays: None
motion carried.
Nays: None
motion carried.
Emergency Ordinance and Award of Bid – W. Church Street Pavement and Utility
Replacement. Mr. Johnson respectfully requested Council consider two motions:
Motion 1: Move to dispense with the requirement for the reading of the proposed ordinance at two
meetings of Council at least one week apart, and approve the Supplemental Appropriation Ordinance in
the amount of $533,226.00 into account #362-4015-55508.
Motion 2: Move to award the contract for the West Church Street Pavement and Utility Replacement
project to Jergens Bales Contractors, Inc., and authorize the City Manager to execute said contract and
issue a purchase order in the amount of $624,036.30 to Jergens Bales Contractors, Inc.
OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007, AND
once upon its passage. Discussion followed. President Felton asked if the City’s share has
changed. Mr. Jones said no. The Roll on this was the following:
Nays: None
motion carried.
now passed. The Roll on this was the following:
Nays: None
motion carried.
Mr. Jones noted $130,000 in each of the Water and Sewer Budgets was appropriated money
allocated toward the City’s share. When they bid the job in 2006, the price of asphalt doubled.
The grant was awarded in 2005 but not received until 2006. They used the 2005 prices for their
engineer’s estimate, but the bids received were more than the engineer’s estimate. Therefore,
they asked for more money from the City in the 2007 budget. President Felton said she realized
the cost of asphalt increased, but she wanted to check the figures. She noted the City does not
yet have the $533,226, and when received, it is just a pass-through. The remainder of the project
will be paid with capital funds. Mr. Jones agreed. He added they need to write a request to
obtain the money.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to award the contract for the
West Church Street Pavement and Utility Replacement project to Jergens Bales Contractors,
Inc., authorize the City Manager to execute a contract for said project, and issue a purchase order
in the amount of $624,036.30 to Jergens Bales Contractors, Inc. No discussion followed. The
Nays: None
motion carried.
Authorize Purchase of Two (2) Replacement Vehicles off State Bid and Purchase a
Snow Plow and Appurtenances for Wastewater Treatment Plants. Mr. Johnson respectfully
requested Council approve four actions:
Motion 1: Motion authorizing a Transfer of Capital Funds in the amount of $2,073 from 665-1331-55305
to 665-1331-55402.
Motion 2: Motion authorizing the purchase of a medium-sized SUV and issuance of purchase order in the
amount of $22,073 to Taylor Motors.
Motion 3: Motion authorizing the purchase of a Ford F-250 truck and issuance of purchase order in the
amount of $21,081 to 32 Ford/Mercury.
Motion 4: Motion authorizing the purchase of a snowplow and appurtenances for the above truck and
issuance of a purchase order in the amount of $4,790 to JW Devers & Sons.
Motion by Vice President Miller, seconded by Councilman Engle, to authorize the Transfer of
Capital Funds in the amount of $2,073 from 665-1331-55305 to 665-1331-55402. No discussion
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Engle, to authorize the purchase of a
medium-sized SUV and issuance of a purchase order in the amount of $22,073 to Taylor Motors.
Discussion followed. Vice President Miller asked if the vehicle was a 4-wheel drive. Mr. Jones
said yes. The Roll on this was the following:
Nays: None
motion carried.
Ford F-250 truck and issuance of a purchase order in the amount of $21,081 to 32 Ford/Mercury.
Discussion followed. Vice President Miller asked if the truck would have a Rhino lining.
Mr. Jones said yes; it will be done at the dealership. The Roll on this was the following:
Nays: None
motion carried.
snowplow and appurtenances for the above truck and issuance of a purchase order in the amount
of $4,790 to JW Devers & Sons. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Items for the City Manager: Vice President Miller asked if the City Manager could
share information with the public regarding the huge increase in costs for paving streets,
resulting in fewer streets being repaired. Mr. Jones said the Public Service Department has had
the same amount of money allocated over the last three years. Asphalt prices increased
significantly from $28/ton to $55/ton. President Felton asked if something could be placed on
Channel 10 explaining why fewer streets will be repaired. Mr. Johnson said yes.
Award of Bid for Phone Service to Cincinnati Bell. Mr. Bazelak respectfully
requested Council authorize the City Manager to sign a three (3) year contract and award the bid
for local and long distance phone service to Cincinnati Bell for approximately $25,743 annually
for three (3) years. Last month Council approved the VoiceOver IP (VOIP) phone system, and
this is the service portion of that overall project, which results in material savings as discussed
last month.
Motion by Councilman Esprit, seconded by Councilman Propes, to authorize the City Manager
to sign a three (3) year contract and award the bid for local and long distance phone service to
Cincinnati Bell for approximately $25,743 annually for three (3) years. Discussion followed.
Councilman Propes asked if the amount was noted as an “approximate” amount based on
telephone usage. Mr. Bazelak said the approximate amount is based on the fact that the cost will
be $0.028 per minute for long distance service based on the current average usage of 3,600
minutes per month. The analog lines cost $24.99 per month, and PRI’s are $425 per month,
which are fixed costs for unlimited usage. He noted they will also get extended calling areas to
Fairborn and West Dayton.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve payment of bills
Nays: None
motion carried.
Mr. Bazelak reminded everyone the City income tax filing deadline is Monday, April 16th.
There will be extended office hours from 8 a.m. until noon on Saturday and from 8 a.m. until
6 p.m. on Monday.
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITHOUT FORMAL COMPETITIVE BIDDING WITH WS ELECTRONICS AND M/ACOM FOR THE PURCHASE OF TWELVE (12) 800 MHZ PORTABLE RADIOS FOR THE
FIRE DIVISION, and it was read for a second time.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes reminded
citizens to cut their grass and to pick up their dog’s excrements. A complaint on the latter item
should be made to the Greene County Combined Health District and not to the City.
Councilwoman Mills asked that citizens not blow their cut grass clippings into the street, thus
creating stormwater issues.
Mayor Pennewitt had nothing to share.
Vice President Miller extended his gratitude to the Mildred Henderson family for inviting him to
the memorial service. She was a special lady, and he cherished the time he had with her.
Councilman Engle reminded citizens of the Police Division’s re-accreditation process. The
public meeting is scheduled for Monday, April 16th at 7 p.m. He encouraged citizens to attend
and voice their views to the accreditation process team.
Councilman Esprit said three women in our community will be missed: Mildred Henderson,
Mrs. Salter, and Essie K. Payne. All women were of service to this community, and he wished
them God speed.
President Felton hopes spring and summer get here soon. She reminded citizens to take care of
maintenance of their property in order to make the City more attractive. She thanked City staff
for repairing the potholes.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
April 26, 2007
Special Session
5:00 p.m.
The Xenia City Council met in a Special Session on April 26, 2007, at 5:04 p.m., in the City
G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
William R. Miller was absent.
Street and Major Capital Program Funding Options. Mr. Johnson and Mr. Merriman gave
the following PowerPoint to discuss this agenda item:
Funding Xenia’s Future
“Xenia is at a significant crossroads. How we address the
City’s future today will determine our success for tomorrow.”
Council Request:
•
Council indicated the City’s street conditions required immediate action and requested a staff
assessment of the feasibility of a comprehensive street maintenance, repair and reconstruction
program including funding options
Goals for this presentation:
1. Identify the scope of work needed to reclaim all streets.
2. Determine the cost of a short-term (3-year) capital improvement program, and describe options
for obtaining public funds for said program.
3. The Comprehensive Street Program, which identifies every street/section, was completed and is
estimated to cost $27 million.
4. Compare the street program to other known capital and operational improvement programs.
5. Describe and discuss the process of balancing the need and urgency of identified projects.
6. Discuss the public funding environment.
7. Present update on staff’s planning efforts for major programs.
8. Review issues that affect a workable timeline.
9. Present and define available financing options.
10. Discuss decision-making criteria and apply them to selected options.
Assumptions:
1. In general, Xenia’s economic base is relatively stable. However, several state and local economic
threats are being monitored. State funding is an issue and local initiatives may have a significant
impact on available funding for many of these projects.
2. Delaying critical infrastructure repair/replacement will increase the overall cost.
3. Several critical areas carry a significant risk of collapse and failure. If the City can delay or
prevent collapse and failure, there is a chance of keeping things going before infrastructure is lost.
However, this might result in evacuations of certain sections of town and huge major projects will
be done in crisis/emergency mode.
4. Doing nothing should not be an option. These issues need to be addressed; they need to
determine how soon and how fast they need to act upon them.
Limitations:
1. There are limits to the amount of public funds realistically available.
2. There are known ballot issues in competition for the same funds, and most of these issues also
provide essential service to Xenians (Xenia Community Schools, Greene County Library, Greene
County Children’s Services, or the Greene County Career Center).
Comprehensive Street Resurfacing Approach (estimated cost $30,000,000):
•
•
•
Citywide street resurfacing program, which includes curbing & sidewalks.*
o $27M for streets, curbing and sidewalks.
o $3M to deal with buried utility repairs and upgrades. Staff recognized streets, curbing
and sidewalks should not be done first, and then dug up later to fix the infrastructure.
The Public Service Department estimated it would cost $3 million to repair the
infrastructure under the streets. There are many other structural repairs in other rights-ofway or behind homes or transmission lines, which are above and beyond that.
Includes combination of preventative measures and reconstruction projects. This program
includes every street including streets that were recently completed. Some streets simply need to
be sealed or crack sealed or treated and maintained in order to extend its life. Some streets need
mill and fill, but some need to be completely reconstructed, which may mean starting with the
base (if it is solid), and in other cases going back to the dirt. The ability to repair the street also
depends on the condition of the curbs and sidewalks. It is difficult to repair a street and later
repair a sidewalk or curb. It is important to include prevention as part of the Comprehensive
Street Program.
Effort could be financed by a 20-year, 7 mill levy to generate necessary revenue for debt service.
*Mayor Pennewitt thought homeowners were responsible for repairing sidewalks and curbs.
Mr. Johnson said that was correct. The amount shown above would be the City’s costs.
Mr. Merriman said there are three major categories/levels: Major Capital/Infrastructure Needs,
Staffing & Service Needs, and Public Financing Environmental Issues.
Councilman Engle asked Mr. Merriman to delay his presentation to address a concern he had.
He referenced a statement listed above under Assumptions, which stated, “Several critical areas
carry a significant risk of collapse and failure.” Since being on Council, he has never seen a
briefing on this issue. He asked which ones are at risk, where are they, how much would they
cost to repair, and what is the plan in the overall scheme. He asked Mr. Merriman to highlight
those areas before he continued his presentation.
Mr. Merriman said staff is in the process of completing the plans for the Improvement Program.
Once all those plans are done, they will have a comprehensive assessment of all the major
physical assets and infrastructure with condition assessments, life span, and an estimated cost of
repair/replacement. Once the comprehensive study is completed next month, staff will be able to
give a much more comprehensive assessment of levels.
Councilman Engle said the verbiage “collapse and failure” grabbed his attention. He asked if
there is anything in danger of collapse or failure within the next six to nine months.
Mr. Johnson said the 2007 budget included using a television camera that has the ability to check
sewer mains and laterals. Staff is presently identifying pockets that need to connect, which will
help in the assessment of a region or area of the City. President Felton said South Hill was
previously identified [as an area in need of improvement], and sliplining was installed. The
entire development will be completed this year.
Councilman Engle said he just wanted to know the scope of the problem. Mr. Johnson said he
and Mr. Merriman recognize the verbiage used is a double-edged sword. Staff would like to
raise a certain amount of alarm about serious issues that require action. However, they do not
want Mr. Brodsky to have to defend why someone should not come to Xenia if the City
infrastructure is on the verge of collapse. Mr. Merriman said some items are in critical need of
attention and some can wait or need additional planning. They felt it was important to list them
since they are big-ticket items and will require action within the near future.
MAJOR CAPITAL/INFRASTRUCTURE NEEDS:
• Street Resurfacing Program with curbing & sidewalks ($27M):
Reconstruction/
resurfacing and preventative maintenance
•
Wastewater Treatment Upgrade ($???M): Planned upgrades, systematic compliance
for EPA limits
President Felton noted the City just spent $6.5 million on upgrades for the Wastewater Treatment
Plants [WWTPs], and she asked why more upgrades are listed above. Mr. Johnson said the
master plan is targeted at three, four, and five years in the future, and they are anticipating more
stringent EPA standards. Cities are required to regulate pollution/contamination. President
Felton said every year since the bonding and monitoring began, $100,000 to $200,000 has been
spent on equipment purchases for the WWTPs that were not included in the original upgrade.
She would rather have bonded $8 million versus $6.5 million, and done all the improvements all
at once. Mr. Johnson said good information should come from the extensive master plan and
consulting services the City is contracting and a Comprehensive Plan should result, which should
prevent missing many of those things. It should tell them to what extent changes need to be
made and the most cost effective way to meet the new EPA standards.
•
Recovery, Enhancement & Development of Neighborhood Parks ($6+M):
Construction and repair and reconstruction, improvements and enhancements, new and
expanded parks
President Felton asked if the City was considering abandoning some parks. Mr. Merriman said
staff is in the process of completing the Park Improvement Plan. The recommendation for some
parks may be to change the status of the land from a park to either an inactive green space or
some other option. All options will be considered.
•
City Hall Facility Upgrades ($1-2M): Roof replacement and HVAC rehabilitation,
relocation and/or expansion
President Felton asked if City Hall Facility Upgrades were included in the budget. Mr. Johnson
said no; however, some money was budgeted for roof replacement and HVAC rehabilitation.
•
Bike Way Investment & Expansion ($12M): Repair, repave and possible extension
•
Water Treatment Repair & Replacement ($???M): Well field development and
and Jamestown Connector
capacity building
•
Fire Station #2 Relocation ($1-2M):
Service area identification, new station and
possible street access
•
Possible Infrastructure for Development: Residential/Commercial $???M: Water
•
and wastewater service (involving Xenia Community School’s Comprehensive Plan) and
possible street and traffic enhancements
Community Park, Art, Cultural & Recreation Facilities ($6+M): Art, cultural and
recreation facilities (may include baseball/softball and soccer fields, etc.) and community
park major reconstruction (Shawnee Park has major reconstruction needs)
•
•
Unidentified/Unknown: ?????
Water Distribution & Sewer Collection Line Rehabilitation ($2.7M):
•
replacement, rehabilitation and slip lining and waterline leak detection and repair
Municipal Court/Criminal Justice Center ($???M): Land and building
•
Possible Infrastructure for Development--Residential/Commercial ($???M): Water,
Sewer
sewer, and streets
•
•
•
•
I.T. Infrastructure/WiFi Network ($XXX,000): Web-based services and WiFi
Fleet Management ($???M): Systematic fleet rotation
500,000 Gallon Water Tower ($500,000): Improved system pressure and capacity
Possible Acquisition of Library Building ($4-5M): Possible acquisition and re-use
depending on outcome of “Under One Roof” concept
•
Possible Infrastructure for Development [GMH relocation?] ($XXX,000): Streets
•
Downtown Development, e.g. parking lots & streetscape ($400,000): Planning and
and utilities and possible annexation
promotion and possible incentives for enhancement (parking lots, streetscape, etc.)
Staffing & Service Needs: Mr. Johnson said they continue to look at staffing, customer
service, service capacity, and staff development & succession planning. Below are samples of
possible staffing distribution (not a request). They represent salaries and benefits for low- to
mid-level employee positions.
Firefighter/Medics
3 Police Officers
3 Maintenance Workers
Human Resources Director
Secretary or Finance Clerk
$72,500 X 3 = $217,500
$66,300 X 3 = $198,900
$51,000 X 3 = $153,000
$ 99,300
$ 46.000
President Felton asked if there was a job opening in Mr. Bazelak’s department. Mr. Bazelak said
no. President Felton noted Police and Fire personnel were laid off, but no maintenance worker
positions were eliminated. Mr. Johnson said he would check into it.
Public Financing Environment: Mr. Johnson said this is a real issue to consider. There are
a lot of financing needs (confirmed and potential) and a lot of ramifications:
o
o
o
o
o
o
o
o
2009 Operating Levy Renewal
Possible GMH Relocation
“Under One Roof” Concept (may be looking at numerous levies)
School Improvement Levy (will be on ballot regardless of “Under One Roof” plan)
Ohio Tax Burden (Ohio is #2 in the nation for individual tax burdens)
911 Dispatch Consolidation (may or may not have political impacts)
Utility Rates and Fees (sometimes increased to enhance our General Fund)
Funding for Municipalities (new Governor has indicated what he can and cannot support)
o
o
o
School Funding System (regulations are likely to change drastically, which will upset the funding
structure)
Local Economic Environment (refers to jobs coming and going)
Potential financial impact of the State Franchise Agreement (staff is still gathering information on
how this might impact the City’s ability to collect impact and franchise fees)
How Do We Manage It All? Mr. Merriman said staff developed a Comprehensive Master Plan
that addresses various planning and data collection elements they are engaged in currently. They
specifically want to focus on the following Improvement Programs (each relates to one another):
City Facilities, Customer Service, Downtown Development, Fire Protection/EMS, Fleet
Management, Law Enforcement, Information Technology, Parks Development, Sewer
Collection, Staff Development, Stormwater Control, Street Improvement, Wastewater
Treatment, Water Distribution, and Water Treatment.
Improvement Programs--as defined--focus on two different areas of work:

Capital Improvement Planning and Assessment is defined as the planning, purchase and/or
construction, maintenance, and assessment of infrastructure physical facilities, fleet and other
major capital items.
Capacity Building is defined as the development and application of skill set, technical knowledge,
data collection, and management capabilities and succession planning to effectively sustain
critical services and enhance the community’s growth potential. This is important because if the
City does not invest in technology or infrastructure, it cannot or effectively utilize it.
What will the Improvement Programs Provide?
•
•
•
•
Qualitative and Quantitative Data. Example: Through the Parks Development and Improvement
Program, a comprehensive inventory will be done, cataloging everything in all aspects of the park
system. It is an exhaustive chore, some of which was done in the past, but updating is needed.
Objective Standards applied. Any recommendations will be based on either best practices,
current standards, EPA requirements, etc., in the particular field or service area it would govern.
Planned approach to decision making. Criteria from the Improvement Program Plans will be
applied to recommendations.
Provide options for action. There will be a list of priorities based on the most critical needs.
WHERE DO WE GO FROM HERE? Mr. Johnson reiterated they cannot afford to do
nothing. Good plans from the past were stymied and staff became frustrated. “Crossing our
fingers and hoping everything works out” will no longer work. Many issues are at a critical
point. The City does not have millions of dollars to throw at these projects; it will take a lot of
work and planning. Timing is everything.
Council/Staff Implementation Strategy: They need to work through the timelines so staff and
Council can jointly decide what needs to be done first and how everything meshes together. He
is pleased with the master planning, the street program, and the Wastewater Treatment
Improvement Plan. Council and staff need to look at the implementation strategy. What is
critical that cannot afford to wait even one year?
Financing: Financial options need to be discussed. Asking the voters to approve bond issues
yearly is not a good strategy.
Competing Funding Environment: The competing funding environment is a critical issue but
should not cause the City to stand still. They need to decide which fights to fight and how to
work with other agencies if applicable.
Public Education and Outreach are both necessary to make certain the public understands staff
is diligently working toward resolving these long-term issues. A strategy will be enacted to
complete them. Hopefully, this strategy will inform the voters that spending a few hundred
dollars yearly in taxes will enable their neighborhood to have street improvements that would not
otherwise happen; otherwise, residents may be at risk of losing some services.
Project Requirements: This is the “cart before the horse” program. Staff needs to be
systematic in making certain the curbs and sidewalks on streets that need to be repaired are done
in a way to foster the reconstruction of the streets. Underground utilities should be repaired
before street repairs are done.
Proper Sequencing and Connecting Projects: Staff needs to have a clear vision and put it in
the proper order and then align with the financing. The strategic vision statements that Council
reviewed with staff a few months ago will allow them to do this better than in the past.
Financing Options for the Comprehensive Street Resurfacing Approach:
• 7 Mill, $30 Million Bond Levy: $100,000 House = $214.38/yr.
• Water/Sewer Utility Rate Adjustment: Average User = $19.20/yr.
Major Capital/Infrastructure Reinvestment Approach. This is another alternative, but the
Improvement Programs are not done in order to lay out the details. This will be a future
presentation.
Options . . . in what combination?:
• Just a street program via a bond issue
• Raise utility rates to cover major debt service
• Combine a bond issue with a utility rate and income tax increase
• Institute a Citywide Streetlight Assessment Program
• Systematically implement enforcement of property owner Curb and Sidewalk Program
Mayor Pennewitt said she assumed there would not be a bond issue on the ballot until 2008.
Mr. Johnson said that has not yet been determined.
Next Steps:
• Study Improvement Plans when completed, and establish/fund a 5-year Comprehensive
Plan.
• Determine appropriate level of support for Xenia Community Schools’ initiatives.
• Establish follow-up work session to review specific staff proposals based on tonight’s
discussion and include citizen survey feedback.
Mr. Johnson recognized the input received from the Finance and Law Departments in preparing
this presentation. These are tough times, and everyone will need to provide Council with the
tools, specifics, and implementation strategies to make it work.
Mr. Bazelak commended Mr. Johnson and Mr. Merriman on the excellent and comprehensive
presentation. There are a myriad of issues, which is why they wanted to bring this to Council.
They understand Council’s priority is to move forward with street repairs, but there are a number
of issues in addition to streets from both a capital improvement and operational standpoint.
Mr. Lewis said he hoped Council appreciates the amount of work it took on behalf of
Mr. Johnson and Mr. Merriman to facilitate tonight’s presentation. This will allow Council to
make a more informed decision once all the information is compiled. There is still time to put an
issue on the ballot before November. A campaign would need to be developed—it is not as easy
as just placing an issue on the ballot. There are a number of factors Council needs to consider
before placing it on the ballot. President Felton asked him to explain. Mr. Lewis said the ballot
will most likely contain at least one school levy, a library levy, a YMCA levy, and a Greene
County Career Center levy, which will all go before the voters within the next 18 to 24 months.
Mayor Pennewitt said the streets, curb, and sidewalk issue has been discussed for the eight years
she has been on Council, and the problem will not get better. She realized other issues also need
to be addressed but felt the street improvement levy should move forward. She would also like
to know more about the other pressing financial issues.
Councilwoman Mills agreed the streets need to be improved, but she was concerned about where
the revenue would come from. She felt in the past, voters did not have enough information about
the issue to support it, but they would really need to get the message out there.
Councilman Propes agreed with Councilman Engle’s comments when he referenced the
Assumptions, which stated, “Several critical areas carry a significant risk of collapse and failure.”
He would like to know what those are first before making a decision on street improvements. If
the sewer system is going to collapse in a certain part of town, it is not useful to fix the streets. A
plan is needed to identify those areas at risk, and they need to mitigate those issues first.
Mayor Pennewitt said the above-mentioned statement alarmed her as well. She was not aware of
such problems, and Council needs to hear about them now.
Mr. Johnson said Council is aware staff receives a number of complaints from citizens after a
substantial rain, resulting in sewers backing up into basements. Some of that is due to undersizing and some as a result of damaged and collapsed laterals and sewer mains. It is a lack of
integrity where run-off goes into the sewers, which go to the Wastewater Treatment Plants. That
run-off is treated as sewage, even though it is rainwater. Sewers back up every time more than
one inch of rain falls in some major apartment complexes.
Councilman Propes said in some municipalities where he has worked, they instituted a program.
If a particular property had continued problems, they installed a back flow on the sewer line to
prevent water from backing up into the property. It was very effective with little cost of
installation.
Mr. Johnson said the City has that program and it does work, but homeowners must be
responsible for service and keeping them up to date. When installed in some apartments,
everyone in the apartments needs to know they cannot flush the toilet when the back flow
preventer is locked because of the back pressure of the sewer system would have no where to go.
It is definitely one solution. Councilman Propes agreed it might not be THE solution but is one
solution that helped in other municipalities.
Mr. Johnson said another part of the sewer crisis is if there is a problem in one block, and they
open the flow, it has to go somewhere else, which may create a problem there. It is not as simple
as fixing one area in the neighborhood; the problem needs to be fixed all the way to the
Wastewater Treatment Plant. Some of the final lines going to the Wastewater Treatment Plants
are getting a lot of infiltration of groundwater that pushes the plants to capacity. It costs the City
to treat the additional water, but if the capacity is exceeded, raw sewage would discharge into the
streets and the EPA could fine the City substantially. It is both a risk and liability mitigation as
well as an economic issue.
Councilman Esprit said he was concerned about the issue raised by Councilman Engle and felt it
was the most important issue discussed this evening. He offered kudos to Mr. Johnson and
Mr. Merriman on the presentation. Council has many things to think about including schools
and $27 million for street improvements.
Mr. Bazelak said Council needs to be aware of the existing demographics of the community and
their ability to support levies. He agreed streets are an issue and there are potential plans to deal
with that without a levy. He did not believe citizens could support both a school levy and a street
levy at the same time. The street levy was placed on the ballot in 2003 as an income tax, and it
failed. President Felton asked why the levy failed. Mr. Bazelak said they were advised not to
promote it, when they should have, and the other part was citizens’ lack of ability to pay, which
still exists today. If they go forward with a street levy and it passes, it may severely affect the
ability of the schools to pass their levy. If it does not pass, streets will continue to be an issue
and they should continue to place it on the ballot. They need to learn from their past mistakes.
Council needs to make that determination with the knowledge that citizens may not be able to
support everything put on the ballot. If Council decides to place the street levy on the ballot, it
should be done with the knowledge that it would impact the ability of the schools to pass their
levy, which is also for the good of the community and the City.
Mayor Pennewitt noted Mr. Bazelak said the City might have other financial plans to support
some of the street improvement project. Mr. Bazelak said the City Manager is working on the
improvement programs that may result in a plan to fund a certain level—not to the extent of $30
million. As mentioned, a renewal levy is slated for 2009, and there is no reason that could not be
a replacement levy or even a new levy based on the conditions that exist at that time. If the street
levy is placed on the ballot and it passes, it will impact the ability of citizens to pay for a
replacement levy.
Councilman Engle concluded from this presentation and conversation that he could not vote for
any one project at this time. Many Council members are very concerned—even frightened—
about the “collapse and failure” issue.
President Felton asked Mr. Johnson to expound upon the “major infrastructure collapse and
failure” issue. Mr. Johnson said the use of the wording “collapse and failure” is designed to
focus on the fact there are conditions in the infrastructure of the City that need attention. Failing
to give them attention will ultimately result in the fail of design and collapse.
Councilman Engle understood what Mr. Johnson was saying. At work, he asks for the “stop
light chart.” Are the streets red, yellow, or green? Are they graded under Major Capital
Infrastructure needs? He understood the Capital Improvement Plan is coming along. Is there an
assessment that indicates items as Tier 1 – Immediate need of repair, and so forth? He
understood the schools have issues. If he knew the City had items that were at the risk of failure,
based on a reasonable, professional assessment, funding those would be an immediate need. If
he does not know what those are in priority order, he did not feel he could make a responsible
decision. President Felton said the problem is they cannot afford to wait.
Mr. Johnson said it is similar to the tremors before an earthquake. They are taking care of the
tremors and occasionally streets have sunk. As staff tried to replace a section, they ended up
replacing four or five sections. Many of the repairs are made with the regular maintenance and
repair funds. Recently there were difficulties with the sewer line near the business “File
Sharpening Company” on West Church Street. Effluents are coming out of the plant and
crystallizing into the sewer lines. Staff is working with the business to get them to stop doing
whatever is causing the problem. There was a problem with the creek by Central Middle School
when a line collapsed near the creek. Staff is worried about how far back the problem goes. The
televising program is the best way to identify problems right now and will result in a Wastewater
Collection Improvement Plan. It will identify where the biggest threats are located. He said
Mr. Bazelak mentioned there are alternative ways of addressing those programs. Mr. Jones said
for every dollar put into a street in order to reconstruct it, the same money could repair and
sustain ten times that number of streets. If streets are beyond repair and need to be
reconstructed, then let them go. “Let’s get the best bang for our buck by taking those streets that
are not repaired and may last another 5 years, and use the money to repair streets that may last 15
years.” Staff is doing a leak detection program with the water lines and recently found a big leak
at Wilson and Monroe Drives. The water system is not at the level of collapse and failure. They
are mostly concerned about sewer collection lines. The sliplining program helped mitigate some
of the problems, which has helped eliminate imminent collapse and failure. As Mr. Jones looks
into the future to target sliplining, he looks at areas identified through minor collapse, repair, and
are dangerous. If the City does not follow through with the improvement program to resolve
those issues, they will collapse and fail. He agreed Council needed to be briefed on how big,
how bad, and how wide of a problem exists in the City.
Councilman Engle said when that information is provided, he would be able to make a decision.
He asked what the time frame is for making a decision on the levy. Mr. Lewis said he would
find out tomorrow.
President Felton felt the City needed to save money right now and quit spending. She also
wanted more of a reserve. Proposed revenue losses are a concern. She understands the concept
of “Under One Roof” but her priority is the health, welfare, and safety of the citizens. She needs
to ensure an ambulance, fire truck, and police cruiser does not fall into a sinkhole. Realistically,
street repairs cannot be done in three years. Mr. Johnson said staff challenged Mr. Jones on that
commitment, but he felt contractors would give lower prices if they could stay in one location for
three years. President Felton said she was not sure Council was ready to move forward with the
street levy, but it may be one thing the citizens would support. Even with all the new jobs at
Wal-Mart and Lowe’s, an increase in revenue has not been realized. She noted flooding at
Central Middle School has been problematic for years since the homes were built at Pinecrest
Gardens. She was not sure why anyone was allowed to build a house with a basement by the
creek bed. She did not feel the City has been frugal enough with money in the past. If staff
cannot justify why something is needed, then she will vote no.
Mr. Johnson said within four weeks the Capital Improvement Plan would be done and brought
back before Council, at which time more specific information would be available. That would
still allow Council time to decide on placing something on the ballot for November.
President Felton referenced the chart entitled “Public Financing Environmental Issues,” which
contains many issues. How much would the City lose in revenue if Greene Memorial Hospital
leaves? That has a bearing on the City’s overall Capital Budget. “Under One Roof” is a great
concept, but not the City’s expense. A School Improvement Levy will be on the ballot but for
how much? From everything she has seen on estimated costs, the 911 Dispatch Consolidation is
too cost prohibitive.
President Felton asked where the local revenue from the State was for funding municipalities.
Mr. Bazelak said the OML says the legislation on the local government fund is better than it was
and the freeze is being lifted as of January. The Governor’s plan does not take affect until
January 2008. The City should get at least what they get now. OML has some issues with the
growth not being as much as they would like; however, it is better than it has been. There may
be some potential growth down the road. The State budget is expected to increase and all entities
that receive local government funds would share in that. OML has some issues with how the
growth is being calculated. The local government fund will not be frozen in the near future.
President Felton said the State has borrowed a lot of money recently, and it has to be paid back
somehow. She heard ODOT would not help with money for street repairs. She foresees a
reduction in the City’s revenue in the next two to three years, and they need to make sure they
can do what needs to be done and not end up in the red. Mr. Bazelak said that was one reason to
not move forward with the street levy, because those may be issues. There’s no question that
there is a potential for revenue losses. Funding was down in March, but he wanted to wait until
the end of income tax season in May to see how the City is doing. Video franchising with the
State may impact revenue, as mentioned by Mr. Johnson. Things the City now gets free of
charge may no longer be free with that particular legislation. Those things have not yet been
decided, and information is not available to decide in which way to go. Before 2009, they may
need to place a levy on the ballot for operational needs in addition to the capital needs for streets,
all the while realizing the school’s needs. Staff is concerned with City issues but from an
economic development standpoint, residents are concerned with the quality of the school system
when considering moving to Xenia, as evidenced in the surveys. Improved schools have an
impact on the City’s ability to market economic development, which improves the City’s ability
to get financial benefits and impacts its ability to provide services.
President Felton expressed concerns over the quality of education that students receive from the
Xenia Community Schools. Mr. Lewis said part of the problem is the demographics of the City.
Money can be funneled into the school system, but there are still parents who do not care about
the education of their children. Most kids that attend public schools receive a very good
education. The testing scores are not an accurate representation of the schools. President Felton
agreed; however, state testing scores will not change if a new building is built. Mr. Bazelak said
the numbers may not change, but the perception outside the community may change if there is
new infrastructure and all the facilities that come with the “Under One Roof” concept. Citizens
have a limited amount of money available, and passage of levies will be required for many
issues. Council needs to decide in which way to go with the dollars available.
Mayor Pennewitt cautioned Council – there have been many needs over the years, but they kept
saying, “What if?” There comes a time to “bite the bullet.” They should not just keep having
meetings and never accomplish anything. Council needs to decide whether to support a levy,
and if so, they need ample time to plan. That was a problem the last time because Council
decided at the last minute to do it. Answers are needed and they need to set deadlines and make
some plans rather than just talking about it.
Councilman Esprit agreed with Mayor Pennewitt. They need to stop talking and identify what
they want to do and move forward. Everyone needs to understand the issues, and time is of the
essence. He agreed “Under One Roof” is a great concept, but there are a number of other things
that need to be considered. Council needs to move in some direction.
Councilwoman Mills felt the levy failure in 2003 made Council a little gun shy. Council needs
to be unafraid to make decisions and not live in a world of “What ifs.” Once they make a
decision, they all need to stand behind it and work together to fulfill it. If the levy fails, they
need to come back the following year and try again. If people do not understand the need for a
levy the first time, perhaps they will the second time. It does not reflect badly on the City if they
place something on the ballot that is important.
Mayor Pennewitt felt it was important to have good schools, which will impact the number of
people who want to move to or invest in the City of Xenia. “Under One Roof” may give the City
an opportunity to lease or purchase a building. The Police Department has been “sandwiched” in
the basement for years, and they need more room. The “Under One Roof” concept plan may
have a positive impact on that. They need to have an open mind. She wants to be a good
steward of the citizens’ money, but felt citizens would also like to see the City move forward.
She has not seen that happen for some time. She realized they are taking a risk. Once the
information is available, Council needs to make a decision, support the decision, and move
forward.
Mr. Johnson agreed with President Felton’s comments on being frugal with the citizens’ money.
He also has to make certain that departments have the resources to accomplish their missions.
He and Mr. Merriman are in the final stages of sending out information to the departments for
the first round of preparing the 2008 tax budget, which is when they establish parameters and
expectations. Last year they completed the budget parameters of what reserves they needed to
keep and how to approach those types of things. It would be appropriate to identify Council’s
priorities, perhaps be more frugal with expenditures, and develop a program for increasing
reserves. That information would be presented to the three appointed officials. They can
identify where restraint can be applied in future budgets and apply some of those in the current
budget.
Mayor Pennewitt applauded Mr. Johnson on his comments.
Mr. Johnson said the department heads know their budget limitations, and that they need to hold
the operational expenses to zero percent increase. There is a small percentage of operational
budgets that are not fixed.
Mr. Bazelak noted the City has met the reserve requirement, which resulted in being able to
make significant transfers into the General Capital Improvement fund.
Motion by Councilman Engle, seconded by Councilman Esprit, to adjourn the Special Session at
6:47 p.m. and go into an Executive Session to discuss Personnel Matters. No discussion
Ayes: Engle, Esprit, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Personnel Matters with the same members present.
Xenia City Council
Xenia City Council
April 26, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on April 26, 2007, at 7:37 p.m., in the City
INVOCATION: David Mabry, Greene County Marriage Resource Coordinator, gave the
Motion by Councilman Engle, seconded by Councilman Esprit, to excuse Vice President Miller
from the meeting due to illness. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
approve the April 12, 2007, Regular Session minutes as written. No discussion followed. The
Nays: None
motion carried.
PUBLIC HEARING: Major Modification to Progress Center PUD and re-plat of Lot 1.
President Felton opened the Public Hearing at 7:43 p.m. Mr. Johnson asked for the staff report.
Ms. Simpson said Progress Center PUD was originally approved on June 12, 1997 and consisted
of twelve (12) lots. Lot 1 is located at the corner of W. Main Street and S. Progress Drive.
When the adjacent Progress Center Phase II was developed, a remnant property was created
northwest of Lot 1. Progress Center Phase II is the development that is now the site of the WalMart Supercenter, Lowe’s, and Applebee’s Restaurant. The original PUD had an off-site
detention basin for this development and other adjacent land. When Progress Center Phase II
was approved, there was a condition that if the developer wanted to acquire Lot 1 and have it
consolidated, a major amendment to the PUD would be required because it was not part of the
original planned unit development. The applicant, Mr. Dagenhart, feels this a “housekeeping”
issue. The 0.104-acre remnant property created from the platting of the adjacent Progress Center
Phase II Commercial Subdivision would be integrated with Lot 1. City Staff and the Xenia
Planning and Zoning Commission recommend approval of the requested major amendment. She
respectfully requested Council introduce an ordinance amending Progress Center PUD and
approving the re-plat of Lot 1.
President Felton entertained comments from Council. None were presented. President Felton
asked the significance of the amendment other than it being a housekeeping issue. Ms. Simpson
said the amendment would make Lot 1 more functional, because Lot 1 has some access issues as
it exists today. It shares an access with Circle K off Progress Drive, thus making it difficult to
exit off the access on Progress Drive. Mr. Dagenhart is planning to build a new commercial
development on the corner, which will be presented to XPZC in the future. President Felton
asked who owned the land. Ms. Simpson responded Progress Center, LTD., owned the land.
President Felton invited those in favor of the major amendment to Progress Center PUD to come
forward to speak.
Doug Dagenhart, 800 Routzong Road, Xenia said he was representing Progress Center, LTD.
This is just a housekeeping issue. The amendment would square up the lot, which presently has
an angle and will make it easier to develop. They are excited about Progress Center and pleased
with the appearance of the Wal-Mart SuperCenter, Lowe’s, and the other businesses. They look
forward to bringing future projects on Lot 1 before Council for approval in the near future.
President Felton invited those opposed to the proposed major amendment to come forward to
speak. No one came forward to speak. President Felton invited those neither for nor against the
proposed major amendment to come forward to speak. No one came forward to speak. She
closed the Public Hearing at 7:48 p.m., and entertained comments from Council. None were
presented.
Councilman Esprit introduced an ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF XENIA BY AMENDING PROGRESS CENTER PUD TO ADD 0.104 ACRES OF
LAND AND COMBINING WITH LOT 1, and it was read for the first time.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on April 5th, and
held a public hearing on a major amendment to the Progress Center PUD. The Commissioners
agreed with the staff recommendations as presented above. XPZC also received information on
BRACA’s park surveys completed last year. They discussed the formation of a committee to
review parkland dedication formulas/park development fees. Finally, XPZC felt it would be
beneficial to devise a report on vacated buildings.
Mayors & Managers: Mayor Pennewitt asked the City Manager to give the report.
Mr. Johnson said he and Mayor Pennewitt attended the meeting on April 11. The featured
speaker was a representative from the Strategic Analysis and Information Center for the State of
Ohio, who introduced contact information and a management system called CIMS. After the
9/11 attack, a lesson learned was government agencies needed to have a better method of sharing
information and intelligence related to terrorist activity. The CIMS program is the State’s effort
of accomplishing that same task with State and local government officials. This program is part
of a response to close that gap and ensure the continuity of information. It is a secure, web-based
program that allows local agencies to report suspicious activities observed within the
community. It is also a format where regular intelligence from the State can be shared with local
governments informing about activities and groups involved in unsavory activities. The City of
Xenia has been registered with that group since its inception. The program is not restricted to
just Police and Fire; in fact, they heavily encouraged Public Service Department personnel to
have a registry. Maintenance and street workers have firsthand observation capabilities. They
shared what signs to look for that might indicate potential terrorist activities. He will register
one or two more people on the website. The State of Ohio initiated a confidential citizen hotline
to report suspicious activities. The number is 1-877-OHSINTEL (467-4683). They would like
the City to be a part of disseminating information on the type of suspicious behaviors so it is
specifically targeted to real threats rather than reporting someone who is simply disliked.
Miami Valley Regional Planning Commission: Mayor Pennewitt said MVRPC did not
meet due to lack of agenda items.
met on April 24th.
1. Two presentations were given: (1) Park Improvement Program by Assistant City Manager, Brent
Merriman in cooperation with Nimfa Simpson, Michelle Fisher, and Ed Quinlan. It was very
informative. A park inventory is being taken in order to look toward the future of park planning
and goals; and (2) Emerald Ash Borer (EAB) by Barbara Mills, Horticulturist from the OSU
Extension Office. The EAB is an exotic insect brought into the Michigan area that kills all the
ash trees. There is no insecticide that is 100% guaranteed to eradicate the EAB, and it is
extremely expensive to use any products that might work to try to prevent the infestation. She
encouraged residents to call the OSU Extension Office and speak with Ms. Mills. Before
removing trees, residents should consider which trees they are removing. Unless an effective
insecticide is found, it is likely all ash trees will be destroyed in the future.
2. Their 2008 budget priorities were decided upon and forwarded to the City Manager.
3. A park tour is scheduled for June 12th at 6 p.m.
4. The Beautification Awards program runs from June through October. May 25th is the deadline
for submitting nominations for June. More information can be obtained on Channel 10.
5. The Club X Tornado Memorial Soccer Tournament will be held April 28 & 29. They will be
using fields at West Side Park in order to accommodate the record 158 teams that have registered.
6. The annual Fishing Derby will be held at Shawnee Park on June 16th from 9 a.m. – 12 p.m., for
children ages 3 to 15.
7. “Music in the Park” will begin soon and the list of participants will be included on the utility
billing statements.
8. One “Movie in the Park” has been confirmed. If anyone would like to sponsor a movie, please
contact the Xenia Parks and Recreation Department at 376-7275.
Mayor Pennewitt asked if the Club X Tornado Memorial Soccer Tournament was City
sponsored. Mr. Lewis said no, Club X sponsors it.
Reappointments to the Board of Zoning Appeals. Councilman Propes said Mr. Jack
Carter’s and Ms. Cindy Elliott’s terms on the Board of Zoning Appeals expired on
April 11, 2007. Both individuals have expressed a desire to be reappointed to the Board for fouryear terms that will expire on April 11, 2011.
Motion by Councilman Propes, seconded by Councilman Esprit, to reappoint Mr. Jack Carter
and Ms. Cindy Elliott to the Board of Zoning Appeals for four-year terms expiring on April 11,
2011. No discussion followed.
Nays: None
motion carried.
Emergency Ordinance to reauthorize and appropriate funds for projects and
purchases. Mr. Johnson said at the February 8, 2007 regular session of the Xenia City Council,
a final appropriation ordinance was passed for FY 2007. The items being brought before
Council this evening were mistakenly excluded from the previous appropriation ordinance
passed in February. He respectfully requested Council pass an emergency ordinance for
reauthorization of appropriations in the amount of $1,504 in the General (101) fund for printings
for the historical walking tour and $109,000 in the General Capital Improvement (361) fund for
website development services, CATV/Audiovisual System, Police vehicle computers, and six
vehicle cameras.
Councilman Engle presented an ORDINANCE AMENDING ORDINANCE 07-07 TO MAKE
Motion by Councilman Engle, seconded by Mayor Pennewitt, that the rules requiring the reading
once upon its passage. Discussion followed. President Felton asked if all the items were
included in the total dollar original budget amount. Mr. Johnson said no. The Roll on this was
the following:
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Mayor Pennewitt, that Ordinance Number 07-17 be
Nays: None
motion carried.
Emergency Resolution authorizing the application for grant funds through the
United States Fire Administration, Assistance to Firefighters Grant Program. Mr. Johnson
respectfully requested Council pass an emergency resolution authorizing the City Manager to
submit an application to the United States Fire Administration for the 2007 Firefighters
Assistance Grant Program. He noted Chief Leaming was available for questions.
Councilman Esprit presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION AND ACCEPT UNITED STATES FIRE ADMINISTRATION
FEDERAL
EMERGENCY
MANAGEMENT
AGENCY GRANT
FUNDS
AS
ADMINISTERED BY THE SAME, AND DECLARING AN EMERGENCY.
of a resolution at two consecutive meetings be dispensed with and this resolution be placed at
once upon its passage. Discussion followed. President Felton asked for an explanation on how
the SCBA gear would be used. Chief Leaming said the proposed project would be to replace the
Fire Division’s current Self-Contained Breathing Apparatus (SCBA’s). Existing SCBA’s do not
meet current National Fire Protection Association standards for breathing apparatus, which
firefighters use when fighting fires. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Resolution Number 07-F be
Nays: None
motion carried.
Purchase of two (2) 2007 Ford Expedition EL staff vehicles for the XFD.
Mr. Johnson respectfully requested Council authorize the City Manager to enter into a contract
with Valley Ford Truck, Inc., for the purchase of two (2) 2007 Ford Expedition EL staff vehicles
for the Fire Division in the amount of $52,906.
Motion by Councilman Esprit to authorize the City Manager to enter into a contract with Valley
Ford Truck, Inc., for the purchase of two 2007 Ford Expedition EL staff vehicles for the Fire
Division in the amount of $52,906. Motion died for lack of a second.
President Felton asked Mr. Johnson to bring the item before City Council for discussion at a later
date.
Award of Bid for XFD Washer/Extractor. Mr. Johnson respectfully requested Council
award the bid for the XFD Washer/Extractor and authorize staff to issue a purchase order to
H & M Company of Cincinnati in the amount of $9,447.
Motion by Councilman Esprit, seconded by Councilman Propes, to award the bid for the XFD
Washer/Extractor and authorize staff to issue a purchase order to H & M Company of Cincinnati
in the amount of $9,447.00. Discussion followed.
President Felton asked if staff checked to see if Greene, Inc., on Fairground Road (suggested by
Vice President Miller) was able to provide this service. Chief Leaming said he contacted the
Greene, Inc., Administrator who stated they could provide the service. However, the code that
requires the cleaning of the turnout gear specifies it can only be done by a company that specializes
in cleaning turnout gear to ensure there is no cross contamination. It can also be done at a Fire
Station site. President Felton asked if there was concern about discharge from the Fire Station into
the sewer system. Chief Leaming said the wastewater is decontaminated before discharged.
Nays: None
motion carried.
Replacement of Vehicle Lift in the City Garage. Mr. Johnson respectfully requested
Council authorize the City Manager to execute a contract and issue a purchase order in the
amount of $22,706.24 to Safetylane Equipment Corporation, 115 N. College Ave, Suite 211,
Bloomington, IN, for the purchase of a Rotary Model SM300 Vehicle Lift with two (2) Model
RJ9000-2 Rolling Jacks and to remove the old lift.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to authorize the City Manager to
execute a contract and issue a purchase order in the amount of $22,706.24 to Safetylane
Equipment Corporation, 115 N. College Ave, Suite 211, Bloomington, IN, for the purchase of a
Rotary Model SM300 Vehicle Lift with two (2) Model RJ9000-2 Rolling Jacks and to remove
the old lift. Brief discussion followed. President Felton asked if the vehicle lift was broken or if
it would be resold. Mr. Johnson did not believe the lift had any resale value. Staff had a few
near misses with parts on the lift releasing at inappropriate times; further, the age of the lift
makes it unserviceable. The Roll on this was the following:
Nays: None
motion carried.
Purchase of a Ford F550 One-Ton Dump Truck with Snow Equipment. Mr. Johnson
respectfully requested Council consider two motions:
Motion 1: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings, and
adopt the proposed ordinance to waive competitive bidding as an emergency measure due to the time
needed to order and receive the proposed vehicle and equipment in the current budget year and to
authorize the City Manager to execute a contract with JW Devers & Sons for the manufacture and
installation of a service body with dump bed complete including snow equipment for $21,060 and issue a
purchase order.
Motion 2: Move to authorize the City Manager to execute a contract with Bass Truck Center in the
amount of $37,085.99 for the purchase of a F550 cab and chassis and issue a purchase order.
Councilwoman Mills presented AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH JW DEVERS AND SONS WITHOUT FORMAL
COMPETITIVE BIDDING FOR THE SUPPLY AND INSTALLATION OF A DUMP BED
BODY AND SNOW AND ICE REMOVAL EQUIPMENT, AND DECLARING AN
EMERGENCY.
Motion by Councilwoman Mills, seconded by Councilman Esprit, that the rules requiring the
Ayes: Engle, Esprit, Mills, Pennewitt, and Felton
Nays: Propes
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Esprit, that Ordinance Number 07-18
Nays: Propes
motion carried.
Councilman Propes said he voted “nay” to be consistent. If Council is curbing spending in one
department, he felt they should look at all departments’ spending.
execute a contract and issue a purchase order to Bass Truck Center in the amount of $37,085.99
for the purchase of a F550 cab and chassis. No discussion followed. The Roll on this was the
following:
Nays: Propes
motion carried.
Purchase of a Park Maintenance Truck. Mr. Johnson respectfully requested Council
entertain two motions:
needed to order and receive the proposed vehicle and equipment in the current budget year and to
authorize the City Manager to execute a contract with JW Devers and Sons for the manufacture and
installation of a service body with dump bed and snow plow for $28,820.
amount of $39,798.99 for the purchase of a F550 Cab and Chassis and issue a purchase order.
Mayor Pennewitt presented AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH JW DEVERS AND SONS WITHOUT FORMAL
BODY AND SNOW AND ICE REMOVAL EQUIPMENT, AND DECLARING AN
EMERGENCY.
Motion by Mayor Pennewitt, seconded by Councilman Engle, that the rules requiring the reading
once upon its passage. Discussion followed.
Councilwoman Mills said she attempted to contact Mr. Jones today but did not get a response.
She realized almost every new vehicle that is purchased for the Public Service Department is
getting a snowplow. She understood why a snowplow would be crucial to have installed on a
dump truck, but she asked why it is crucial for a park maintenance truck to have a snowplow.
Mr. Johnson said even though the trucks are specifically designed and purchased for day-to-day
operation within the department, when the City has a snow emergency, all vehicles equipped
with snow removal equipment are used. A variety of different sized trucks are needed to
effectively remove the snow. Larger vehicles are utilized on the highways and major
thoroughfares, but smaller trucks are needed in neighborhoods, cul-de-sacs, etc. He noted some
communities install snowplows on garbage trucks.
Ayes: Engle, Esprit, Pennewitt, and Felton
Nays: Propes and Mills
motion failed.
Councilwoman Mills said she voted “nay” because Council recently approved snowplows for other
vehicles, and she could not support the purchase of a snowplow for a park maintenance truck.
President Felton asked if the City Manager would like the agenda item to be introduced as a nonemergency. Mr. Johnson deferred to the Law Director. Mr. Lewis stated the ordinance could be
introduced at this meeting, and the second reading and passage could be done at their next
regular meeting. Mr. Johnson said that would suffice.
Councilman Engle introduced AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
BODY AND SNOW AND ICE REMOVAL EQUIPMENT, and it was read for the first time.
President Felton said the second motion requested would have to be brought back at their next
regular meeting as well, which is pending approval of the above ordinance.
Replacement of Salt Spreader and Snow Plow. Mr. Johnson respectfully requested
Council consider two motions:
Motion: Move to authorize the transfer of $5,235 from account #361-1441-55599 Improvements--Other
to account #361-1441-55399 Operating Equipment--Other for the purchase of a 10-foot snowplow.
Motion: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings, and
needed to order and receive the proposed equipment and authorize the City Manager to execute a contract
with JW Devers and Sons for the purchase of a 10-foot snow plow for truck #1906 for $5,235 and an
8-foot V-Box salt spreader for truck #1202 for $3,550.
Motion by Councilman Propes, seconded by Councilman Esprit, to transfer $5,235.00 from
account #361-1441-55599 Improvements Other to account #361-1441-55399 Operating
Equipment Other for the purchase of a 10-foot snow plow. No discussion followed. The Roll on
Nays: None
motion carried.
Councilwoman Mills presented AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITH JW DEVERS AND SONS WITHOUT FORMAL
COMPETITIVE BIDDING FOR THE SUPPLY AND INSTALLATION OF REPLACEMENT
SNOW PLOW AND SALT SPREADER EQUIPMENT, AND DECLARING AN
EMERGENCY.
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 07-19
Nays: None
motion carried.
Purchase of a Valve Exerciser Truck. Mr. Johnson respectfully requested Council
consider two motions:
amount of $24,492.99 for the purchase of a Ford F350 pick up truck and issue a purchase order.
Motion 2: Move to authorize the transfer of $4,765 from account #361-1441-55599 Improvements Other
to account #361-1441-55399 Operating Equipment Other and use $25 budgeted in account #361-144155399, and authorize the City Manager to execute a contract and issue a purchase order to JW Devers and
Sons for the purchase and installation of a snow plow in the amount of $4,790.
execute a contract and issue a purchase order to Bass Truck Center in the amount of $24,492.99
for the purchase of a Ford F350 pick up truck. Discussion followed.
President Felton explained the City was replacing a 1987 Chevy pick-up truck with a larger truck.
Councilman Propes noted the agenda item report stated the vehicle has become unsafe and asked
Mr. Johnson to explain the statement. Mr. Johnson said he did not know the details of this
particular truck. However, inspections have been done on other vehicles at the Service Center
and they found unsafe floorboards and brakes that exceeded the ability of maintenance personnel
to keep them safe. Councilman Propes said he would support this purchase due to safety
concerns for the existing vehicle. The Roll on this was the following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Engle, to authorize the transfer of
$4,765.00 from account #361-1441-55599 Improvements Other to account #361-1441-55399
Operating Equipment Other and use $25 budgeted in account #361-1441-55399 and authorize
the City Manager to execute a contract and issue a purchase order with JW Devers and Sons for
the purchase and installation of a snow plow in the amount of $4,790.00. Discussion followed.
Councilwoman Mills asked why a snowplow was necessary on a Water Department vehicle.
Mr. Johnson said, as mentioned previously, all public service vehicles are mobilized during a
snow emergency regardless of what capacity the vehicle is normally used. The Roll on this was
the following:
Nays: None
motion carried.
Award of Water Distribution and Sewer Collection Supplies Bids. Mr. Johnson said
on April 3, 2007, bids were opened from six (6) vendors for both water and sewer supplies. All
vendors supplied very competitive bids. He respectfully requested Council approve the award to
all six (6) vendors for their lowest bid on individual items as requested provided they meet City
specifications. This is an opportunity where the City can chose the lowest priced item for the
appropriate awarded items.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the award to all six (6)
vendors for their lowest bid on individual items as requested for water distribution and sewer
collection supplies provided they meet City specifications. Discussion followed.
President Felton thought she previously asked if bids could be solicited from numerous vendors.
Mayor Pennewitt agreed. President Felton asked Mr. Johnson to review previous XCC meeting
minutes. Mr. Johnson agreed to research the matter. The Roll on this was the following:
Nays: None
motion carried.
Introduction of an Ordinance authorizing annexation of a portion of Beason Road.
Mr. Johnson said staff is requesting the annexation of .554 acres of Beason Road that lies at the
end of Orville Way to a property line where the City had previously annexed property, which
includes the balance of Beason Road. It is in the best interest of the City to annex .554 acres of
Beason Road for maintenance of the road for the residents of Wright Cycle Estates and the City
of Xenia so the entirety of Beason Road is clearly within one jurisdiction.
President Felton said it did not appear the City was asking for enough land on Beason Road. The
annexation only includes the land in front of the three houses that have already been annexed
into the City. Mr. Johnson said the City owns half of this portion of Beason Road, which is
located in front of those homes. The other side of the road is owned by Xenia Township. The
remaining segment of Beason Road belongs to the City. President Felton said she was still
unclear, but would seek clarification on the matter before the ordinance’s second reading.
Councilman Esprit introduced AN ORDINANCE AUTHORIZING THE ANNEXATION OF
UNINCORPORATED TERRITORY, THAT IS, .554 ACRES OF LAND, KNOWN AS
BEASON ROAD, and it was read for the first time.
Special Counsel Agreement with Martin, Browne, Hull & Harper. Mr. Johnson
respectfully requested City Council approve the continued services of Martin, Browne, Hull &
Harper and authorize the City Manager to enter into a contract with them through December 31,
2007, for the firm’s professional services. Xenia City Charter allows the City Law Director to
employ special counsel upon the approval of the Xenia City Council. For well over a decade, the
City of Xenia has used the law firm to handle employment law cases and issues. Under the
agreement, the law firm will assist the City Law Director on an hourly rate. Recent
interpretation of the contract changed regarding exceeding minimum amount limitations;
therefore, they determined the agreement should come to Council for approval
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the continued
appointment of Martin, Browne, Hull & Harper as the law firm to be used as needed on
employment law issues and authorize the City Manager to execute a contract. Discussion
followed. President Felton said in the past, the law firm was paid on an hourly basis and not via
a contracted price. Mr. Johnson said that is still done; this contract is based on an hourly rate for
legal services. One month the City might be billed $2,000, the following month $5,000, and
nothing billed for the next three or four months. The amount spent yearly may exceed $25,000
or $35,000 depending on the legal needs of the City. Two years ago, the City decided when a
service in aggregate had potential to exceed $7,500 annually, the contract would be brought to
Council for approval. The Roll on this was the following:
Nays: None
motion carried.
Lease-Purchase of Voice Over IP (VOIP) Phone System. Mr. Bazelak respectfully
requested Council authorize the City Manager to enter into a lease-purchase agreement with
Security National Bank for five (5) years with annual payments of $23,923.01 to finance the
acquisition of the new VOIP phone system.
enter into a lease-purchase agreement with Security National Bank for five (5) years with annual
payments of $23,923.01 to finance the acquisition of a new VOIP phone system. No discussion
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to approve payment of bills
Nays: None
motion carried.
ORDINANCE AMENDING CODIFIED ORDINANCE §1024.01 ACCEPTING AN
UPDATED MATERIALS AND CONSTRUCTION SPECIFICATIONS MANUAL FOR THE
CITY OF XENIA, and it was read for a second time.
Motion by Councilman Engle, seconded by Councilman Propes, that Ordinance Number 07-20
be now passed. Brief discussion followed. President Felton asked if the language was modified
as requested by Council at their last meeting. Mr. Lewis said yes. The Roll on this was the
following:
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Esprit, Councilman
Propes, and President Felton had nothing to share.
Councilman Engle said he, Mayor Pennewitt, and Mr. Johnson continue to attend the “Under
One Roof” Committee meetings. The group continues to work well together to bring forward
some unique opportunities for the citizens of Xenia and the City. He asked for Council’s
continued support and interest in the project and encouraged everyone to read the newspaper for
information and editorials on the group’s progress.
Mayor Pennewitt gave the following Mayor’s Report:

3/24/07 – Presented a Proclamation at the Business and Professional Women’s Club “Men of
Distinction Male Fashion Show” event. It was quite an event.
3/27/07 – Attended a breakfast sponsored by Integrated Youth Services. The program helps
parents deal with children who are “lost” to drugs. It was an interesting breakfast, and she
offered to provide information to Council. She encouraged people to get involved in these
organizations to help our youth as much as possible.
3/27/07 – Attended the Grand Introduction Ceremony of The Coretta Scott King Center for
Cultural and Intellectual Freedom at Antioch College. It was a very inspirational program.
3/28/07 – Visited the Faith Community United Methodist Church Preschool. The children asked
many questions about what the Mayor does. It was delightful to be with the children.
3/30/07 – Attended a Feasibility Committee meeting at Kettering Medical Center.
4/2/07 – Met with Judy Elder at Red Cross.
4/2/07 – Attended the Mildred Henderson’s Homegoing Memorial Service at Wilberforce
University. Ms. Henderson was a wonderful 90-year old woman who was very active in the
community.
4/2/07 – Attended a Feasibility Committee meeting at the Chamber of Commerce.
4/3/07 – Attended the Honors Day Convocation at Central State University.
4/3/07 – Attended the 151st Anniversary Founders’ Day Convocation at Wilberforce University.
4/4/07 – Attended the Black Executive Exchange Program (National Urban League) at
Wilberforce University.
4/5/07 – Chaired XPZC meeting.
4/10/07 – Attended a Feasibility Subcommittee meeting at the YMCA.
4/16/07 – Attended a meeting with a citizen (along with Mr. Johnson and Mr. Lewis).
4/16/07 – Attended a Feasibility Committee meeting at Fire Station #1.
4/17/07 – Attended “Breakfast with Blue Jacket” at Central State University. It was a fundraising
event, and she encouraged citizens’ support.
4/17/07 – Attended the “City of Xenia Volunteer Recognition Dinner” at Schindler Banquet Hall.
4/18/07 – Attended the “Greene County 18th Annual Report to the Community Dinner” meeting
at the Hope Hotel at WPAFB.
4/20/07 – Presented a Proclamation at the Xenia Adult Recreation and Services Center Volunteer
Recognition event.
4/20/07 – Attended the musical “Bye Bye Birdee” at Xenia High School. It was outstanding!
She encouraged citizens to support our students.
4/21/07 – Attended a dinner at Cedarville University Center for Political Studies. Former Senator
Mike DeWine, visiting scholar at the Center, was the guest speaker.
4/26/07 – Attended a Feasibility Subcommittee/Health meeting at the Xenia Service Center.
Mayor Pennewitt said she received a recent picture of the Athletes in Action [AIA] athletic
complex. It is a wonderful complex that will bring many athletes to the Xenia area. She
encouraged everyone to visit the site. Xenia is the headquarters for AIA worldwide.
Councilwoman Mills reminded residents about Emerald Ash Borer [EAB] and to please contact
the OSU Extension office with questions. EAB will come and citizens need to understand how
to recognize signs of an infestation, and what the options are if it happens. City employees had
their first volunteer workday, which was a good day for bonding and teambuilding. She asked
Mr. Johnson to elaborate. Mr. Johnson said Mr. Merriman was the architect for the idea. He felt
City staff needed to have events to encourage them to get to know one another outside the work
environment. The Public Service Supervisor, who had an opportunity to “supervise” many of his
bosses, had a VERY good time. It was a great event and more are planned in the future. He
personally shoveled mulch under the playground equipment. It was an opportunity to
immediately see the reason why the community utilizes Shawnee Park. Councilwoman Mills
thanked everyone who participated.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Councilman Propes, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
City of Xenia
Special Session
May 1, 2007
6:00 p.m.
The Xenia City Council met in a Special Session on May 1, 2007, at 6:00 p.m. in the City
Council Chambers, City Hall, with the following members present: Michael D. Engle, Dennis R.
Propes, Jeanne Mills, Phyllis A. Pennewitt, and William R. Miller.
Dr. Lee G. Esprit, Jr. and Patricia L. Felton were absent.
Motion by Councilwoman Mills, seconded by Councilman Engle, to go into an Executive
Session to discuss the Purchase or Sale of Land. The Roll on this was the following:
Ayes: Engle, Propes, Mills, Pennewitt, and Miller
Nays: None
motion carried.
with the same members present to discuss the Purchase or Sale of Land.
Xenia City Council
William R. Miller, Vice President
Xenia City Council
City of Xenia
Special Session
May 9, 2007
3:00 p.m.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to go into an Executive Session
to discuss the Purchase or Sale of Real Estate, Pending Litigation, and Personnel Matters. The
Nays: None
motion carried.
with the same members present to discuss the Purchase or Sale of Real Estate, Pending
Litigation, and Personnel Matters.
Xenia City Council
Xenia City Council
May 10, 2007
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on May 10, 2007, at 6:10 p.m., in the First
Floor Conference Room, City Hall, with the following members present: Dr. Lee G. Esprit, Jr.,
Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
William R. Miller and Michael D. Engle were absent.
Motion by Councilman Propes, seconded by Councilwoman Mills, to go into an Executive
Session to discuss Personnel Matters. No discussion followed. The Roll on this was the
following:
Ayes: Esprit, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Special Session
6:30 p.m.
The Xenia City Council adjourned the Executive Session to meet in a Special Session at 6:30 p.m.,
in the City Council Chambers, City Hall, with the following members present: Dr. Lee G.
Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
Branding Assessment: Logo and Tagline Determination. Mr. Bazelak said in January 2007
Council awarded a contract for website development and brand assessment services to Nova
Creative. He said Rose Schulz, representing Nova Creative, was in attendance to assist with the
presentation. The presentation will focus on branding assessment, which deals with development
of a new logo and associated tag line that will be utilized on the City’s new website from a
marketing perspective. It also helps brand or identify the City to establish its uniqueness.
Council will be asked to make the final determination of the logo, color scheme, and tag line so
they can get started on the development and upgrade of the website. This process began as a
result of a citizen survey that was sent to 11,000 residents to ascertain what they felt was unique
about Xenia. The City Manager and Assistant City Manager, when dealing with the Capital
Improvement Programs, will share other elements of that survey. Over 1,300 surveys were
returned, and Nova Creative selected 168 for a random sample. Those surveys selected were
based on age demographics in order to get the feelings of different groups, and some results were
utilized by Nova Creative to assist with developing the logo and tag line.
Some survey results were:
•
Community strength: 60% agreed the rural small town atmosphere is a community strength;
15% disagreed.
•
•
What would you brag about: 26% said parks and bike paths; 22% said the small town
atmosphere and friendliness; 12% said Fire and Police protection.
What would you change: 23% wanted more high quality restaurants added; 19% wanted more
activities for kids, families, and seniors; 16% want more jobs and businesses in the community.
The responses create quite a balancing effort to maintain the small town atmosphere but some
type of progress and growth is needed to attract businesses and high quality restaurants. He
believes they would all like to see additional activities.
•
•
Promoting the City: 80% of those surveyed did not believe the City did enough to promote or
market itself; 2% disagreed with that thought.
Information: 17% get their information from a website, thus a reason to improve the website
and use it as a marketing tool. As more people get familiar with technology, that 17% will grow.
Mr. Bazelak then introduced Rose Schulz of Nova Creative Group.
Ms. Schulz said Nova Creative Group is a design firm from Centerville that was awarded the
contract to do both the website development and branding assessment campaign. The survey
results were amazing, since the usual return rate is only 2% to 3%. The Xenia community cares
about where they live and what is going on in their City.
Ms. Schulz used a display board that showed twelve (12) samples. Primarily blues and greens
were used in the samples because citizens responded they were most proud of parks and bike
paths. They incorporated “Xenia blue” (taken off the website) into many of the designs. Two
tag lines chosen were “People. Progress. Promise.” and “Vivid history. Vibrant future.” They
felt those tag lines say what citizens want to say to other people. Introducing a new concept and
look should build excitement for Xenia to other communities. Different sizes and types of fonts
were shown, as well as various shades of blue so Council would have a choice on how they
would like the tag line presented. She entertained comments.
President Felton said she liked the tag line, “Vivid History. Vibrant Future.” However, she still
wanted to see “The City of Hospitality” used in a double tag line.
Mr. Bazelak said the City seal, which the Law Director wanted to be maintained, would not be
changed at this point. “The City of Hospitality” is included as part of the City seal and could be
incorporated on the website.
President Felton asked if the City seal would be included on the website. Mr. Bazelak said that
could be done; the seal is presently displayed on letterhead and envelopes. As far as a marketing
campaign, a decision needs to be made as to whether the seal should be on the website or if the
new logo should be used to identify the community. They discussed developing a process to
decide in what cases the City seal would be used as opposed to the City logo to market the
community. They hope to use the new logo as the identifier branding of the City as a marketing
effort, whereas the seal would normally be used on official documents.
President Felton asked when the City of Xenia was founded. Mr. Bazelak said the City was
founded in 1803.
Mr. Lewis preferred the font used on the example shown on bottom of the first page because it is
the same type font used by Xenia High School, which is a good carry-over. Ms. Schulz said the
font is serif.
Mayor Pennewitt said she liked the green color used because Xenia is located in Greene County,
and she preferred the color blue shown on the first page, second sample.
President Felton asked if the blue on sample two was Xenia blue. Ms. Schulz said the blue color
on sample two was the closest color to Xenia blue they could find.
Ms. Schulz said the circle logo represents unity, community, and growth. According to the
survey, people want growth but also to remain a small community. As Mr. Bazelak stated, this
could be used as a marketing tool – Xenia has a vivid history and a vibrant future. She agreed
keeping the City seal is important.
President Felton said she wanted “The City of Hospitality” to remain. She will be 70 years old
next month and since her birth, Xenia has been the “The City of Hospitality.” She did not object
to changing the font and colors, but she is a stickler on history. She felt the tag line wiped out
Xenia’s history, whether or not the seal was used. She suggested “The City of Hospitality” be
added to “Vivid History. Vibrant Future.” Ms. Schulz said the product they developed was based
on the survey results.
President Felton asked who served on the Website Committee. Mr. Bazelak said the website
committee consisted of seven (7) City Employees: Ken Johnson, Brent Merriman, Edgar
Cardenas, Becky Louderback, Steve Brodsky, Mary Crockett, and himself. President Felton
asked how many employees on the committee had over 15 years employment with the City.
Mr. Bazelak felt there was a good mix.
Ms. Schulz said the highest percentage of surveys returned were from people aged 65 and older,
and they were the people who talked about growth. Ms. Schulz entertained further comments.
Councilman Propes felt they all agreed with the tag line “Vivid History. Vibrant Future.” using
the serif font.
Councilman Esprit agreed with the tag line and colors suggested by Mayor Pennewitt and the
serif font.
President Felton said she did not like the lapel pin because she wanted the Xenia seal on the pin.
Councilwoman Mills asked what the lapel pin represented. Mr. Johnson said he asked
Ms. Schulz to use the circle logo in some form of jewelry. Lapel pins are nice to give away at
the National League of Cities because everyone exchanges pins. Nothing precludes them from
putting images within the pin.
Mayor Pennewitt agreed with President Felton’s suggestion of incorporating “The City of
Hospitality” on the lapel pin.
Councilman Esprit asked if adding “The City of Hospitality” to what was presented would be a
problem. Ms. Schulz said they worked hard to say everything to everyone. Their decisions were
based on the 12% survey results, which indicated the community cares. When she thinks of
hospitality, she thinks of people who are very welcoming. The tag line “People. Progress.
Promise.” says you are welcoming, there is a lot of progress, and they care about people. “Vivid
History. Vibrant Future.” does not mention hospitality but it says where you’ve been and where
you’re headed. She realized the City seal says “The City of Hospitality” which can be used in
tandem on the website and letterhead. People are very compassionate about their seals.
Mayor Pennewitt thought “People. Progress. Promise.” was easy to remember because it has
three “P’s.”
Ms. Schulz felt all the tag lines were good but adding “The City of Hospitality” may throw a
curve ball into the mix. President Felton asked why—they would only be adding some
additional small print underneath. Ms. Schulz agreed but was not sure other members of Council
felt that way.
Councilwoman Mills asked if “The City of Hospitality” could be added around the logo.
Mr. Bazelak summarized the tag line to be used as a marketing effort was “Vivid History.
Vibrant Future.” He said President Felton wants to add “The City of Hospitality.” President
Felton clarified she wanted “The City of Hospitality” added between “Xenia” and “Vivid History.
Vibrant Future.”
Mr. Lewis asked if it would be off balance if the new symbol were on one side and the seal on
the other side. Mr. Bazelak suggested keeping the seal with “The City of Hospitality” as a
separate entity. They could try to incorporate it into the website along with the new logo and tag
line. They are not necessarily planning to get rid of “The Hub of It All”, which might be used in
marketing parks and recreation. The same is true for “The City of Hospitality.” The seal will
have “The City of Hospitality” that could be incorporated as the website is developed; however,
it would not necessarily be all together. It may be in another section that is more appropriate as
opposed to the home page. Having both “The City of Hospitality” and “Vivid History. Vibrant
Future.” would be two different tag lines.
Councilman Propes agreed with Mr. Bazelak. They would not be ignoring history but starting
something new and moving forward. Councilman Esprit agreed with Councilman Propes.
President Felton said the new logo and tag line would not only be on the website but eventually
be used on letterhead and other official documents. She did not mind modifications but did not
want to destroy what they have.
Ms. Schulz said it is called “branding yourself.” Many cities utilize their seals but also have new
identities, new marketing strategies, and marketing looks. It depends on what Council wants for
Xenia.
Councilwoman Mills said she liked the tag line “Vivid History. Vibrant Future.” because it is
two bold statements. She did not like the tag line “People. Progress. Promise.” She did not
want President Felton’s request ignored or the City’s history lost; however, she did not strongly
feel it had to be incorporated into the new tag line. Something is needed that will catch people’s
attention. She would like to see “The City of Hospitality” used somewhere.
Mr. Bazelak said the City’s seal (which has “The City of Hospitality”) would not change and is
currently used on letterhead and envelopes. For marketing the City, a determination needs to be
made on whether to go forward with the new logo and tag line. President Felton said there
would be no place to put “The City of Hospitality.” Mr. Bazelak felt that had not yet been
determined. President Felton thought they would start with the website then rework the
stationary, etc. Mr. Bazelak said he thought the City seal should be used for official documents
but not used as a marketing tool because the new tag line IS the marketing tool.
Mr. Lewis showed an example of the City’s letterhead and envelope; half the seal is shown but
“The City of Hospitality” is not included.
Councilman Esprit said he was confused. Will the “The City of Hospitality” be lost or not?
Mr. Bazelak said the answer to the question depends on the term “lost.” It is presently in
ordinance form and they do not plan to change the City seal. “The City of Hospitality” will be
included on the City seal that is used on official documents. If Council decides to use the new
tag line and logo in all areas, “The City of Hospitality” may no longer be used on official
documents. It has yet to be determined where is it appropriate to use the City seal versus what is
used as a marketing effort.
Mr. Johnson said the key operative word is “tool.” As the Website Committee brainstormed,
they quickly tried to interpret it. “Vivid History. Vibrant Future.” got them excited and they
began to name things that had meaning. It could be everything from rails that are now trails, the
Historical Society, the pillars at Shawnee Park, to old graduation classes. He was amazed at
staff’s excitement, how the logo applied to parks, public service, etc., and where to use it. The
logo and slogan are things that will generate that excitement. When he thinks of vivid history, he
automatically thinks of 1803, which brings back the logo image. There is a place to put both.
The Committee was very excited about this project.
President Felton asked if he was referring to the Website Committee staff. Mr. Johnson said yes.
President Felton asked how many committee members had tenure with the City. Mr. Johnson
said half were tenured employees and half had been with the City less than 15 years.
Councilman Propes thought President Felton was inferring that unless one had tenure with the
City, their opinion did not count or that they had no stake in the community. He felt she was
doing the members of the committee a great disservice by saying they do not understand the
history of Xenia. President Felton felt they don’t understand the history. She thought leaving
out “The City of Hospitality” was not a good decision. She did not feel senior citizens that
answered the surveys were saying they wanted a new identify. They want the City to move
forward and jobs increased.
Ms. Schulz said senior citizens want the community to grow and want young families to come to
Xenia, which is how a community grows.
President Felton said she was not saying that. There are two issues; this is a paperwork process.
Senior citizens want the small town atmosphere, they want to feel safe, they want more jobs, etc.
Xenia has experienced growth and has been moving forward. The City has 18 new housing
developments and new jobs and businesses. It implies they are not progressing, but she did not
think that was what senior citizens were saying.
Mr. Bazelak said 80% of citizens that returned the surveys felt the City did not do enough to
market itself. President Felton asked how many surveys the 80% represented.
Ms. Schulz and Councilman Propes felt the surveys chosen were a good statistical
representation. Councilman Propes noted normally a small percentage of the population is
polled and the results extrapolated over the entire population. President Felton said answers
depend on how the questions are stated.
Councilman Propes said he liked the tag line “Vivid History. Vibrant Future.” in green, using
Xenia blue for XENIA, and using the seal for official documents.
Mayor Pennewitt asked if Council wished to vote on the color and print separately. Mr. Bazelak
did not feel an official vote was needed. Staff hoped they could accomplish a consensus on the
tag line, color scheme, and font. Council could take a vote on whether to use the tag line “Vivid
History. Vibrant Future.” or “The City of Hospitality.”
President Felton disagreed. She preferred using both “The City of Hospitality” and “Vivid
History. Vibrant Future.” Mr. Bazelak said staff was suggesting a new tag line and logo be used
as a marketing tool and on the website. “The City of Hospitality” would be used on official
documents when the seal is used.
Councilwoman Mills said she and Mayor Pennewitt discussed how using a bold black color
would look for the tag line “Vivid History. Vibrant Future.” Ms. Schulz said they could create a
sample, and she suggested the wording be in all capital letters.
Councilman Propes said he preferred the serif font using all caps in green.
Mr. Lewis said he did not like this at all when first presented because he thought the seal would
be replaced; however, after discussions with Mr. Bazelak, he understood the seal would be
retained, which he feels is important. It is good to show the City is progressive, modern, and
refreshed, which is why he liked the new logo and tag line. Xenia is 200 years old, which is why
the seal is important.
Ms. Schulz said Miamisburg adopted a new logo and still uses the seal on their website;
however, they primarily use the new logo for marketing. Hamilton also has a new logo but also
utilizes their seal. Centerville uses their seal as their logo. Eighty percent of cities are doing the
very same thing this Council is doing tonight. Everyone is looking for that new look and feel. It
is all about bringing people to the community and building community pride.
Mr. Lewis asked if the new logo and tag line would be copyrighted, if Council agrees on a
choice. Ms. Schulz said yes. There are logo standards applied so all documents and the logo
will always appear the same.
Councilman Esprit asked the consensus of Council. Ms. Schulz summarized Council agreed to
use the second example on page 1 but changing the tag line to “Vivid History. Vibrant Future.”
in green with the serif font in all caps.
Mayor Pennewitt asked if “The City of Hospitality” could be added around the logo. Ms. Shultz
said when discussing the look and feel of a tag line, they do not want too much going on. The
sample is simple and clean.
(President Felton left the meeting.)
Mayor Pennewitt asked if Mr. Bazelak understood Council’s preference. Mr. Bazelak said yes.
Staff would do what they can to incorporate the “The City of Hospitality” and the seal. Staff
wants to move forward with the website development. Councilman Propes thought they were
ready to do that.
Councilman Esprit agreed with Councilman Propes’ comments regarding employees who served
on the Website Committee. It is a disservice to discount the input of new employees; they have
to be fair to everyone.
The Special Session was adjourned at 7:05 p.m. to go into Regular Session.
Xenia City Council
Xenia City Council
May 10, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on May 10, 2007, at 7:12 p.m., in the City
Council Chambers, City Hall, with the following members present: Dr. Lee G. Esprit, Jr.,
Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
INVOCATION: Ron Swiger, First Assembly of God, gave the invocation after which all joined
in the Pledge of Allegiance.
President Felton said Councilman Engle called stating he would be unable to attend the meeting
tonight, and Vice President Miller is ill. She entertained a motion to excuse them.
Motion by Councilman Esprit, seconded by Councilman Propes, to excuse Councilman Engle
and Vice President Miller from tonight’s Council meeting. No discussion followed. The Roll on
Ayes:
Nays:
Esprit, Propes, Mills, Pennewitt, and Felton
None
motion carried
approve the April 26, 2007, Special Session minutes as written. No discussion followed. The
Ayes:
Nays:
None
motion carried.
Motion by Councilman Propes, seconded by Mayor Pennewitt, to approve the April 26, 2007,
following:
Ayes:
Nays:
None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to approve the May 1, 2007,
Executive Session minutes as written. No discussion followed. The Roll on this was the
following:
Ayes:
Propes, Mills, and Pennewitt
Abstain: Esprit and Felton
Nays:
None
motion carried.
Mr. Johnson asked to add item “f.” to the agenda to discuss ratification of a collective bargaining
agreement. President Felton agreed to modify the agenda.
Bill Daufen, 1350 Vimla Way, said he and his wife, Carol, have an on-going issue in front of
their home. The concrete slab/curb in front of the grass that is adjacent to the sidewalk has sunk
4”. There is also a hole and cracking in the street. He had documentation from May 2005,
indicating his attempts to resolve this issue with the City. He would like clarification on whether
the homeowners or the City is responsible for repairing that part of the street. They read the
code and discussed it with Mr. Ledbetter [Assistant City Engineer], but believe the language is
ambiguous. He handed the City Manager a packet of documentation and photos for his perusal.
A neighbor unexpectedly passed away last week and his children are trying to sell the house, but
this issue is an extreme eyesore to the neighborhood and may devalue the property. Safety is
another concern. The 4” dip, where the two concrete slabs meet in the street, fills with water,
and they are concerned that children riding their bikes may hit the dip and go flying over their
handlebars. Mail delivery is also an issue. The small mail truck sinks into the gulley and they
do not want the truck or their mailbox damaged. This has been an on-going issue for 1½ years.
They would like to know what steps to take to bring closure to this issue.
President Felton asked the City Manager to contact Bill or Carol Daufen regarding this issue.
Mr. Johnson agreed to do that.
Traffic Commission: Councilman Propes said the May meeting was cancelled due to lack
of agenda items. President Felton asked if Councilman Propes received her e-mail regarding
speeding on a street in Arrowhead. Councilman Propes acknowledged receipt of the e-mail.
Greene County Regional Planning Commission: Councilman Propes said the meeting
was cancelled due to lack of agenda items.
Board of Zoning Appeals. No report was given due to Vice President Miller’s absence.
Passage of an Emergency Ordinance to Authorize the City Manager to renew the
City’s Property and Casualty Insurance. Mr. Johnson respectfully requested Council consider
two motions:
Motion 1: Waive the reading of an ordinance at two consecutive meetings and pass as an emergency an
ordinance waiving competitive bidding; authorize the City Manager to accept the renewal quote; and
issue a purchase order for the City’s Property and Casualty program from the Ohio Plan and
Swartzel/Affiliated Insurance Service in the amount of $282,443.00.
Motion 2: Authorize the Finance Director to disburse payment.
Mr. Johnson noted Dave Price, Homeland Security/Risk Management, was available to answer
questions.
Councilman Esprit presented AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR
THE RENEWAL OF THE PROPERTY AND CASUALTY INSURANCE FOR THE CITY OF
XENIA, AND DECLARING AN EMERGENCY.
once upon its passage. Discussion followed. Mayor Pennewitt thanked Mr. Price for saving the
City $17,021. On behalf of all Council members, President Felton also thanked Mr. Price for
saving the City money. The Roll on this was the following:
Nays: None
motion carried.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to authorize the Finance Director
to disburse payment. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Sewer Sliplining Contract Adjustment. Mr. Johnson respectfully requested Council
award an additional contract amount with Insituform Technologies for the 2006 Sewer Sliplining
project of $29,417.20 for a total amount of $211,621.20, and authorize the City Manager to
execute an additional purchase order in the amount of $29,417.20. He noted Mr. Jones, Public
Service Director, was available for questions.
Motion by Councilman Esprit seconded by Councilwoman Mills, to award the additional
contract amount with Insituform Technologies for the 2006 Sewer Sliplining project of
$29,417.20 for a total amount of $211,621.20, and authorize the City Manager to execute an
additional purchase order in the amount of $29,417.20. A brief comment followed. President
Felton explained the contractor did not submit the invoice for services before the end of 2006,
and they need to ensure he received payment. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for State Route 380 Pavement Resurfacing. Mr. Johnson respectfully
requested Council authorize the City Manager to execute a contract with John R. Jurgensen Co.
for the State Route 380 Pavement Resurfacing project and issue a purchase order in the amount
of $286,358.39.
Motion by Councilman Esprit, seconded by Councilman Propes, to authorize the City Manager
to execute a contract with John R. Jurgensen Co. for the State Route 380 Pavement Resurfacing
project, and issue a purchase order in the amount of $286,358.39. Discussion followed.
President Felton asked when the work on repaving South Detroit Street would begin. Mr. Jones
estimated the work would begin in three weeks. The Roll on this was the following:
Nays: None
motion carried.
Second Reading of an Ordinance Waiving Competitive Bidding for the
Manufacture and Installation of a Service Body with Dump Bed and Snow Plow and
Purchase of a Park Maintenance Truck. Mr. Johnson respectfully requested Council entertain
two actions:
Motion 1: Move to adopt the proposed ordinance to waive competitive bidding and to authorize the City
Manager to execute a contract with JW Devers and Sons for the manufacture and installation of a service
body with dump bed and snowplow for $28,820. If Council approves Motion 1, he respectfully requested
passage of Motion 2.
amount of $39,798.99 for the purchase of a F550 Cab and Chassis and issue a purchase order.
Councilman Esprit presented AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
BODY AND SNOW AND ICE REMOVAL EQUIPMENT, and it was read for a second time.
Motion by Councilman Esprit, seconded by Councilwoman Mills, that Ordinance No. 07-22 be
Ayes: Esprit, Mills, Pennewitt, and Felton
Nays: Propes
motion carried.
execute a contract with Bass Truck Center in the amount of $39,798.99 for the purchase of a
F550 Cab and Chassis and issue a purchase order. Discussion followed. President Felton noted
there was no reason to purchase the dump bed and snowplow without also purchasing the
chassis. The Roll on this was the following:
Ayes: Mills, Pennewitt, Felton, and Esprit
Nays: Propes
motion carried.
Introduction of an Ordinance approving the Lease of 3.84 tillable acres.
Mr. Johnson respectfully requested Council introduce an ordinance authorizing the City Manager
to sign a lease with Douglas B. Soward for 3.84 tillable acres of land on Lower Bellbrook. This
is vacant, unused land adjacent to the Glady Run Wastewater Treatment Plant. Although the
amount of the lease is nominal, Charter requires Council’s approval for that type contract. This
is good news for the City because staff will not have to mow the 3.84 acres.
President Felton thought Council may wish to pass this ordinance as an emergency since farmers
will begin planting fields next week. She asked the Law Director for direction. Mr. Lewis
agreed farmers have started planting and recommended the ordinance be passed as an
emergency.
Mayor Pennewitt presented AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
SIGN A LEASE FOR 3.84 TILLABLE ACRES OF LAND ON LOWER BELLBROOK, AND
Motion by Mayor Pennewitt, seconded by Councilman Esprit, that the rules requiring the reading
once upon its passage. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, that Ordinance Number 07-23 be
Nays: None
motion carried.
Ratification of Collective Bargaining Agreement with AFSCME Local 101.
Mr. Johnson respectfully requested Council approve and ratify the terms of the proposed
collective bargaining agreement with AFSCME Local 101, representing the Public Service
Department. This is a three-year labor agreement that includes a 3% per year wage adjustment.
Motion by Councilman Esprit, seconded by Councilman Propes, to approve the terms of the
proposed three-year collective bargaining agreement with AFSCME Local 101 representing the
Public Service Department. Discussion followed. President Felton noted Council was briefed
on the contract during the Executive Session and they were informed the employees ratified the
contract. The Roll on this was the following:
Nays: None
motion carried.
Items for the City Manager: President Felton asked for an update on any action taken
to address a citizen’s concern [Marshall Stills, Jr.] that he recently shared with Council regarding
the safety of allowing portable basketball goals used in the streets.
Mr. Johnson said he talked with Mr. Stills and met with several staff members and the Police
Chief. They will initiate an officer handout that will go to homeowners that have portable
basketball goals that have been improperly and illegally placed in the street rights-of-way. That
will be followed up with some public relation notices to ensure residents understand the dangers
and difficulties they have with the portable goals. Arrangements were made to follow-up
directly with Mr. Stills a week from Monday to give him a status report. Mr. Stills graciously
agreed to work with him to develop additional ideas. It will be a difficult effort throughout the
City. Staff does not want to be too heavy handed about this issue; however, this is a serious
issue when the lives of children are at stake.
Mayor Pennewitt asked if the information would be on Channel 10. Mr. Johnson said yes. They
will also try to have a guest column in the Xenia Gazette as well as involve other media. President
Felton asked if information could be included on utility statements. Mr. Johnson said yes.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to approve payment of bills
Nays: None
motion carried.
ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF XENIA BY AMENDING
PROGRESS CENTER PUD TO ADD 0.104 ACRES OF LAND AND COMBINING WITH
LOT 1, and it was read for a second time.
Ayes: Esprit, Propes, Mills, and Pennewitt
Nays: Felton
motion carried.
Mr. Lewis presented an ORDINANCE AUTHORIZING THE ANNEXATION OF
UNINCORPORATED TERRITORY, THAT IS, .554 ACRES OF LAND, KNOWN AS
BEASON ROAD, and it was read for a second time.
Ayes: Esprit, Propes, Mills, and Pennewitt
Nays: Felton
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes asked
everyone to remember their mothers this weekend. He will remember his mother and his wife
and make sure they are well taken care of.
Councilwoman Mills had nothing to share.
Mayor Pennewitt wished all mothers in the community a “Happy Mother’s Day.”
Councilman Esprit wished a “Happy Mother’s Day” to all mothers in our great community.
President Felton said most Council members were present at the recent Applebee’s Restaurant
grand opening. She reminded citizens to please watch out for children riding bicycles.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Councilman Propes, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
City of Xenia
Special Session
May 21, 2007
5:30 p.m.
Council Chambers, City Hall, with the following members present: William R. Miller, Dennis
R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
Michael D. Engle and Dr. Lee G. Esprit, Jr., were absent.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to go into an Executive Session
to discuss the Purchase or Sale of Real Estate. The Roll on this was the following:
Ayes: Miller, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
with the same members present to discuss the Purchase or Sale of Real Estate.
Xenia City Council
Xenia City Council
May 24, 2007
Special Session
5:00 p.m.
The Xenia City Council met in a Special Session on May 24, 2007, at 5:05 p.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller (arrived at
6:15 p.m.), Michael D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, and Patricia
L. Felton.
Phyllis A. Pennewitt was absent due to her hospitalization.
Continuing Discussion on Improvement Programs--Securing Xenia’s Future:
Mr. Merriman said this is a follow up to the April 19th meeting in which Council requested a
report on the City’s utility and infrastructure condition and the capital improvement and capacity
building strategy. They see this as the second in a series of multiple work sessions. The
presentation will highlight the community survey (review priorities and needs—perception vs.
reality); provide an overview of the current state of critical infrastructure and how staff is
managing it; and diagnose short- and mid-term rehab needs. They will also present an overview
strategy and timetable of the Master Plan. The presentation will conclude with discussion of the
next steps and action items.
Limitations: The City’s ability to plan for, administer, and provide capital improvement
programming is impacted by staffing limitations. There are limitations to the amount of public
funds available and considerable competition for those funds.
President Felton noted Mr. Merriman stated one limitation was staffing limitations but did not
mention lack of money, which is a critical part. Staff is needed to do a lot of the work but in
order to hire staff, more money is needed. Mr. Johnson agreed staffing and lack of operational
funding are interconnected. Services can either be purchased or staff can do the work, but both
cost money.
Assumptions: In general, Xenia’s economic base is relatively stable. Several state and local
economic threats are being monitored. Xenia’s infrastructure requires significant, methodical,
and on-going attention. Delaying critical infrastructure repair/replacement will increase overall
cost. Doing nothing should not be an option, as previously discussed.
Balancing Perception and Reality: Decisions regarding capital improvement should take into
consideration both public perception and functional reality. They will take two approaches to
this. Approaches talk about what the public has told staff in the most recent survey. Mr. Jones
will discuss functional reality in terms of the infrastructure.
Public Perceptions: In conjunction with the vendor hired for branding and website development,
11,100+ surveys were mailed in utility bills with a 12% response rate, which is significant. A
few questions from the survey were:
“If you change just one thing about Xenia, what would it be?”
o 23% said more high quality restaurants and retail.
o 19% said more activities for kids, families, and senior citizens.
o 16% said new businesses and jobs were needed.
o 8% said schools/education system.
o 8% said road maintenance.
“If you were bragging about Xenia, what one characteristic would you mention?”
o 26% said parks/bike paths
o 22% said “small town atmosphere” and friendly
“How would you rate the following community services on a scale of 1 (poor) to 5 (excellent)?
Road maintenance received a rating of 2.85, which was less than robust.
In summary, the community’s responses to priorities fall within education, jobs, and retail
development, which are partly linked to perception. Citizens do not have to deal on a day-to-day
basis with the realities of the water and sewer system. As long as they get water when they turn
on a faucet and can successfully flush their toilets, they are happy. However, staff must
consistently deal with a significant reality that exists.
In response to the question “Overall, what is your perception of the following community
aspects?”, many responses were received and rated on a scale of 1 to 5.
Mr. Merriman said he would like to take the survey results and compile a more comprehensive
document to share with Council in the near future. The community’s perception indicates
utilities and infrastructure are not a significant priority. Not much emphasis was placed on street
repair, but the reality is they need attention.
President Felton asked if citizens were asked specific questions regarding the infrastructure.
Mr. Merriman said the questions listed on the handout shared with Council were worded exactly
like those on the survey.
Jim Jones, Engineer/Public Service Director, discussed the topic “Functional Reality, the State
of Xenia’s Infrastructure,” and used a PowerPoint presentation and many live camera shots for
much of the presentation. He said the information he will share is factual and what everyone
knows the City is dealing with. The department has a plan to decide what needs to be done in
priority order, and requested money be allocated in the budget to accomplish those priorities. He
will discuss the Public Service Department and infrastructure, but will not discuss paving since
he felt Council had heard enough about that. Infrastructure includes sanitary sewer lines, water
lines, storm sewers, water treatment plants, and wastewater treatment plants, which are all
priorities so the City can function. Engineering is part of the Public Service Department, which
is the custodian of the infrastructure. He highlighted the present condition of the City of Xenia’s
infrastructure as follows:
Wastewater Treatment Plants (WWTPs): The Glady Run WWTP (off Lower Bellbrook
Road) was last upgraded in 1999, and was designed for 4 million gallons per day (MGD);
however, it is presently treating 2.1 MGD. The design capacity of the plant for sewage per EPA
guidelines is more than sufficient. The Glady Run upgrade was primarily hydraulics. The tanks
get a lot of inflow during the first four hours of heavy storms. They receive 12 MGD due to
inflow and infiltration (I/I), which needs to be corrected. Per EPA regulations, the plant needs to
be prepared for 2013 and does not presently comply. Presently, the City has plants capable of
removing phosphorus at the rate of 1 part per million to go into the streams and the Little Miami
River, which is a protected stream. Because the non-point sources such as feedlots, fertilizers,
etc., cannot be controlled, the WWTPs are burdened because of the lack of controlling the water
quality in those streams. They will be required to go to at least one-half part per million and are
getting into a non-reportable situation. The regulations have not been determined yet, but based
on history, the City is not in a position for either WWTP to meet those effluent requirements.
The Glady Run WWTP is in a much better position to meet those requirements than the Ford
Road WWTP. In the last five years, staff has saved the City over $1.5 million by doing the
repairs and upgrades themselves rather than outsourcing them. Ultraviolet disinfection is used,
which is good and they do not have to use gaseous chlorine.
The Ford Run WWTP was last upgraded in 1999 and was designed for 3.6 MGD; however, it is
presently treating 2.6 MGD. During heavy storms, it receives 12 MGD due to I/I; this needs to
be corrected. Per EPA regulations, the plant needs to be prepared for 2013 and does not
presently comply. The plant presently processes all biosolids or sludge that comes out of both
the Ford Run and Glady Run WWTPs. The biosolids are run over a press to remove a certain
amount of water, which is then mixed with lime and stored. A hauler then removes it for land
application. They are supposed to have enough storage for 120 days worth of sludge, which is
an EPA requirement, but they presently only have enough storage for 30 days. This plant is
most deficient in complying with the 2013 EPA requirements.
How can wastewater treatment plants be improved? They can be improved by reducing the I/I
and increasing the yearly plant upgrades to treat I/I. Throughout the industry, WWTPs are being
upgraded because treating the I/I in many cases is difficult because it involves private properties.
For the City, it is the least expensive direction to take and what staff recommends. Consultants
are presently being interviewed to do a study on the plants to see how they fit into the future
compliance regulations. Results of the study will be used, in conjunction with the water study, to
sequence what upgrades are needed. Considering the improvements and timeframe that must be
met, increasing utility rates may be the recommended option.
The Xenia Water Treatment Plant (WTP) was designed for 8 MGD; however, it is presently
treating 3.8 to 4.2 MGD. The maximum capability is 11 MGD. Limiting factors include filters
(which they are in the process of upgrading); programmable logic controllers (PLC’s), pumps,
and aerators. The PLC’s are needed but not essential and do not inhibit production. Presently
staff does everything manually. All the controls are corroded, not used, and disconnected. The
pumps are very crucial. The aerators remove iron and manganese from the water. The PLC’s
were budgeted for design in 2007 and will hopefully be constructed in 2008.
High Service Pumps are the most crucial bottleneck. Presently, they have three pumps but only
one pump can be used at a time due to the way they were designed. This works fine for now and
for the near future. A solution is scheduled for design in 2008, with construction in 2009. This
was dropped from the 2007 budget due to cost. When the pumps are fixed, they will be able to
pump 8 MGD.
President Felton said the pumps were upgraded, and she understood they could run
simultaneously. Mr. Jones said the upgrades were never done. Only single stage motors were
replaced that are “on/off.” President Felton asked if that included the newly purchased pumps.
Mr. Jones said absolutely. No new pumps were purchased. Before he became Public Service
Director, the actual pump body was replaced, but the old motor was left intact. New motors
were ordered and installed when he became Public Service Director. With the proper controllers,
the new motors were capable of doing multiple pumping, but the controllers were not done.
President Felton asked if more than one pump could run at a time. Mr. Jones said the second
pump could be turned on, but with undesirable results. They are using a new process called air
scouring, which was used on the 20” transmission main and cost $1.00 per foot. They went from
hydrant to hydrant, and the city’s water did not have to be shut down and water pressure was not
lost, which would have necessitated a boil order advisory. They only used about 2 PSI with the
water and scoured the inside. He displayed a picture of the result. During the recent hydrant
flushing program, staff only received one citizen call and there was no discolored water at the
City’s Service Center. Part of the reason there was only one complaint was because of the
flushing program and the air scouring. There is a way to turn on the pumps right now, but one of
the valves would have to be throttled back, which is not a good thing for the pump and reduces
its life span. They need an expert to tell them how to do it and if they should use variable speed
controllers. The motor is acceptable to the controllers. They are at the tail end of the DP&L
service line, and because of the power surges, it may cost $300,000 per pump, which is why they
have not been used. He would like to be able to turn on both pumps simultaneously, which has
been one of his goals for several years. There are other options, but they do not know what those
options are. It may be that the pumps are not designed to be turned on and off.
Aerators: The plant is plumbed for an additional aerator if ultimate demand is reached. If they
decide to expand the plant to 11 MGD, they would only have to purchase the aerator and install it.
Elevated Storage: An elevated water storage tank (EWST) is necessary in the southeast part of
Xenia, and they need to be able to service the Industrial Park tank. EWSTs are also necessary
for improved fire flow, pressure, and emanate growth. The tank cannot be shut down for repair
without having another tank in that pressure zone to maintain fire flow and adequate water
pressure. If they decide to build a 1 million to 1.5 million gallon tank or even a 150,000 gallon
tank, it would cost about $2 million and would take one year for design and another year for
fabrication.
President Felton asked if the tanks in the east end of Xenia work. Mr. Jones said they hold
water, but do not add pressure to the system. Those tanks could be torn down (one is empty).
The only reason staff has not recommended tearing down the tanks is that it would cost about
$200,000. President Felton said one of the tanks is historic and is the oldest one in the United
States. Mr. Jones said that one would not be torn down.
Flooding: The finished floor of the plant is at the 100-year flood elevation. Ten years ago, it
was decided to build a dike for protection, but that has not been done. If the plant floods, it will
be out of service for a lengthy period because all the pipe gallery and pumps are at a lower level.
To build a dike using outside help would cost $300,000. This is why staff has been giving the
Singing Greens and Summer Brooke developers a hard time. The developers have been trying to
dump more water into the creek that goes behind the plant, and that cannot be allowed to happen.
Mr. Jones showed a picture of the area behind the plant after a spring rain, which showed the tool
building, loading dock, and propane tank under water. Staff has serious concerns. A horse farm
on the other side of the creek also floods and does not benefit the water quality.
Transmission Main: There are two transmission mains measuring 20” and 12” that go toward
Old Town. The 12” transmission main is not capable of being used as a back-up. An additional
20” transmission main is needed in case the present 20” transmission main is out of service.
Wells: There are eleven wells with a combined rated capacity of 11 MGD. The aquifer is good
and rated to be at least 11 MGD or more. The wells are capable of providing almost triple the
present demands, and projected demands are below capacity. The wells are on a yearly
maintenance schedule. If needed, rather than getting new wells, they can pull out the casings and
replace them with new casings. The reason they would have to do that is those wells were
installed before establishment of the 300’ radius requirement that nothing could be built near a
WTP. If they just pull out the casing and replace it, they could replenish the capacity and still
have wells within that 300’ radius.
Solution: (1) continue the projected capital projects; (2) continue the scheduled maintenance;
and (3) raise utility rates.
Water Transmission Systems: The City has approximately 130 miles of water lines and most are
50 to 80 years old. The new subdivision lines are 10 years old or newer. The lines are cleaned
regularly using a twice per year flushing program. The flushing program was recently changed
and is working well because the lines are flushed for a longer period. They exercise the valves
and follow a schedule for replacing valves on a yearly basis as the budget allows. Some of the
50-year old valves are causing problems.
Largest Issue: The largest issue is the 2”, 3”, and 4” water lines. He showed a picture of a water
line that had never been cleaned. They used air scouring to clean it, which took about 1½ hours
before the water was clear, and resulted in a bucket of chunks of deposits from the inside. He
showed a picture of a water line break that takes staff 2½ to 3 hours to repair, if there are no
complications. Staff does a nice job and 99% of the time the water in the area is not shut off.
They have limited pressure and fire flows in certain parts of town due to the 2”, 3”, and 4” water
lines that were identified in a study done last year. Water lines run through sanitary manholes,
which is unacceptable and staff is trying to take care of them. Dead ends are a problem, and
water looping helps with water pressure and controls it if there is a break. Fire flows are an
important issue. He showed a map with red dots in certain areas that indicated low-pressure
areas. After the study is done and pressure zones identified, staff will replace smaller lines with
bigger lines and connect dead ends, which will alleviate the problems identified above.
Remediation: Remediation is systematically corrected in the yearly budget. Staff does what
they can with the money allocated.
Storm Water System: EPA Permit and Requirements of the Master Plan: The City is an
MS4 Permit Community and must comply with requirements of the Master Plan. The Master
Plan requires the City to educate the community, to monitor erosion issues, and to upgrade the
storm system. Upgrades would include cleaning sewers, repairing the 400+ catch basins in the
City, and repairing the storm sewer system. Street sweeping is required and presently done more
now than in the past. Enforcing erosion control is required and the City has won cases in Court.
The City is educating the community and putting markers on the catch basins. The shortfall is
the City does not have enough staff available to meet the goals. Blocked catch basins result in
street flooding and accidents.
Improvement Plan: The City has 2,391 catch basins that are attached to approximately 135 miles
of storm sewer main, and 872 of the catch basins (37%) have failed and are in need of
replacement. Currently, staff is averaging 45 replacements a year. At this rate, it will take 20
years to replace the catch basins that are presently in disrepair. Assuming a failure rate of 5% a
year, an average of 76 additional catch basins will fail yearly. Storm Water Collection also
entails stream, creek, and ditch maintenance as well as pipe repair. The City is using staff from
other divisions to repair the most critical catch basin failures, stream blockages, and storm pipe
failures. A chart was shown that indicated by 2017, catch basins would fail faster than can be
repaired.
Sanitary Sewer System: There are approximately 130 miles of sanitary sewers; most are 50 to 80
years old. Most are constructed of vitrified clay pipe and designed for sanitary flow per EPA
guidelines. The sewers are designed properly; if they only handled sanitary flow, they would
function properly. The present condition of the sanitary sewer systems in recent subdivisions is
good; everything else is in various stages of failure. He showed video pictures of cracks in the
sanitary sewer, which is the norm, and pictures after PVC lining was installed. When the
original pipes were installed, rubber joints were not available, so an asphalt material was used.
The sewers are acting like field tiles and draining the area through the joints, which is why there
are problems with infiltration. There are some sections where there is no pipe; dirt is compacted
around the area and attempts to handle the flow.
The sewer impact is flooding treatment plants resulting in back up in buildings, and overloading
the sanitary sewers until they overflow. The actual design for sewage meets the EPA
requirements, but no consideration was given for going from 2 MGD to 12 MGD that is mostly
water. He showed a picture of a basement that had considerable flooding. The causes of
overloading are bad joints, collapsed pipe, leaky manholes, and storm sewer connections from
houses and buildings. In the older sections of town, there are downspouts and sump pumps
connected directly into the sanitary sewer.
President Felton thought the City was smoking the lines. Mr. Jones said that had not been done
since he worked for the City. Smoking the lines was done before he was hired, but was stopped.
They have the equipment to do the smoke testing and can now mine laterals without tearing up
yards. If they find the connection from a downspout into the sanitary sewer, they must require it
be disconnected immediately.
Mr. Lewis asked who was responsible for the lateral. Mr. Jones said the homeowner was
responsible. Mr. Lewis asked if the City would charge the homeowner for the lining. Jones said
the homeowner would have the option of having it lined or replaced or the City doing the work
and putting the charge on their taxes.
Mr. Jones showed a lateral connection going across a stream into the City’s WWTP. That is why
within 4 hours after a significant rain the plant goes up to 12 MGD. He showed a picture of a
flooded backyard on West Street that backs up to Towler Road and had sewage in the yard.
When the area dries up, there is a big white ring of toilet paper that goes 20’ around the manhole.
The manhole could be raised until the pressure is leveled out, but the sewage would go into the
yard next door. There are also problems at a business (File Sharpening).
Mr. Jones shared a map of the City indicating where the sewers and cross connections are
located. Sanitary sewers used to be put in stream beds because they followed the water course.
The manholes get old and start leaking. There are methods to line the manholes rather than
replacing them, and ways to raise them and install watertight lids, which has been done and
improvement has been achieved. There are only two ways to treat it: (1) to build a bigger plant;
or (2) eliminate a great deal of it. EPA has the opinion that over the years it was not cost
effective to remediate. It is a political issue – communities have not been willing to take on the
individual lateral situation with residents. If a community were willing to support a program
whereby residents are responsible for making their laterals tight and for eliminating cross
connections, it would make a huge difference.
What is the City doing? Staff clean sewers daily and it takes 14 months to do the entire City. If
they run into a bad situation, they run a camera into it to see what is going on and replace the line
as necessary. Staff regularly checks one particular sanitary sewer in the City because it is 15% to
20% collapsed and runs through the courtyard at Central Middle School. If staff replaces or
fixes it, the entire courtyard will need to be torn up. They have installed back flow preventers,
and they have installed one mile of sliplining over the last three years. Staff cleans up around the
sewers and fixes any known breaks. Other options are to continue what staff is presently doing,
institute an aggressive catch-up program for I/I, and expand the Treatment Plants.
Staff Recommendations: Staff can continue reactionary repairs; expand the sliplining program to
be completed in five years; attack other sources of I/I with house laterals and connections;
upgrade WWTPs to prepare for 2013 requirements. The repairs are not considered high dollar
upgrades. Some improvements include the addition of chemicals and improving the way the
hydraulics flow.
President Felton felt staff needed to do the smoke testing. Mr. Jones said he and [former
Assistant City Engineer] Ms. Butera planned to do that, but there are not enough staff to smoke
test an entire section of town. They propose a plan to hire a consultant to confirm what they
already know. There are new flow meters that have hardly been used, and smoke testing
equipment to do the job. They have everything necessary to do the job to identify the situation.
The laterals are bad due to the separation of joints and older laterals are collapsed. The roots
coming out of a lateral to the main line may be 4-5 feet long and some have sliplining; however,
the lateral has not been lined. They eliminated and added structural strength to the main lines but
not to the laterals.
President Felton said cameras could prove to the homeowners that the problem is in their lateral
and not the City’s main line. Mr. Jones agreed.
Mr. Merriman presented “Where Do We Go from Here?” Fairly strong language was used at
the April meeting in an attempt to point out some of the realities associated with this critical
infrastructure. He hoped Mr. Jones was able to represent the situation is stable and under control
presently, but critical infrastructure areas are at risk. This is an appropriate time to consider how
the City takes steps forward to ensure these systems are functional 10 to 50 years from now.
Suggestions for securing Xenia’s infrastructure for the future are to view the infrastructure
improvement as one important component of a comprehensive community problem. It would be
irresponsible for staff to just look at this critical infrastructure issue only. Obviously, it is of
utmost priority, but there are issues with the parks, at City Hall, and with the streets. They want
to take a comprehensive look at all the infrastructure as well as other dynamic issues in the
community, such as funding and economic competition. They believe the City should develop a
plan that considers and responds to the diverse elements that constitute this problem. The City is
on track to regain control. The Master Plan provides a systematic strategy.
City Manager’s Office Strategy: The City Manager’s Office is coordinating a comprehensive
assessment and planning process that includes:
o Institute an annual community survey process to collect feedback from residents on their
priorities.
o Vision statements and strategic goals were developed with Council’s assistance.
o Identified an annual utility rate/fee study as an important element. Many of these utility
and infrastructure systems will be funded through that source. Careful consideration
must be given to what the community thinks is important, what it can afford, and what is
needed financially to make the necessary corrections.
o Master Plan elements.
o Participation in various community initiatives, such as “Under One Roof” and other
similar/potential initiatives of which the City needs to be a part of.
o Enhancing partnerships with Council, boards, commissions, civic organizations, and the
community. Public information is critical. Staff would like to institute a few new
initiatives next year to reach out to the community more and educate them on the realities
of the situation, and to assure them Council and staff are taking steps necessary to plan
for the future.
Mr. Johnson discussed the Master Plan and Improvement Program Timelines previously shared
with Council. The 5-Year Capital Improvement Plan will identify to Council that, “Based on
established priorities, here is where we first need to go and here are the follow-up things.” Many
items cannot be done in the next year’s Capital, but they must be started now so when they get to
the 4th or 5th year of the plan, those things are in place to achieve the goal. It is important to stick
to the timeline and keep moving forward, even with multiple timelines going on simultaneously,
so they do not end up doing nothing. The following recommendations were made:
1.
2.
3.
4.
5.
6.
Forego any ballot issues in 2007 for streets or other purposes.
Utilize information provided by staff to establish capital improvement budget priorities.
Continue development of the 2008 budget and the 5-Year Capital Improvement Plan.
Complete the Improvement Program Plans.
Complete the Service Capacity Report.
Complete the Utility Rate/Fee Assessment.
Next step options to consider are:
1. Staff recommendations to Council on capital improvement priorities and Council’s
response to those recommendations in any format Council wishes them to be presented.
2. The Finance Department would provide an easy to use analytical tool for calculating
various funding options.
3. Schedule an in-process work session prior to submitting the 5-Year Capital Plan, which
must be submitted prior to October 1st, in order to have strong interchange and discussion
prior to submission of the final version. This is critical since they will also be discussing
the Operating Budget.
Councilman Engle said he wondered how staff managed the flooding at the City’s WTP. Staff
discussed the studies done years ago indicating a dike should be built for protection that would
cost $300,000. Staff stated if the plant flooded at the 100-year flood level, the City would be out
of business. He asked how long the city would be out of business and without water. Mr. Jones
said the City would be without water for weeks unless there was a way to chlorinate the water in
the wells and pump directly from the wells.
Councilman Engle asked how much one more 20” line would cost. Mr. Jones estimated it would
cost $1 million for a one-mile line that is buried 5’ to 6’ deep. Councilman Engle noted staff
stated one mile of sliplining was done yearly. He asked the cost of sliplining 130 miles at an
accelerate speed of 5 years and how that would be done. Mr. Jones said it would be less than
130 miles (probably closer to 80 miles) due to new subdivisions but would cost $35/foot.
Mr. Jones said only two companies do that type of work. The company they are using is the
biggest company in world. Five-years is an aggressive approach. The Glady Run WWTP is the
top priority to stop water from coming into that plant, which would be a great help. Councilman
Engle suggested Mr. Jones address that with Council in the future. The things Mr. Jones
highlighted in his presentation are of great concern to him. He asked what company was
contacted to engage in discussion about the controllers. Mr. Jones said he was not sure. The
previous Water Plant Supervisor talked to some contractors and consultants.
Councilman Esprit thanked Mr. Johnson, Mr. Merriman, Mr. Jones, and staff for the information
shared tonight. He agreed with Councilman Engle’s comments on priorities. As Mr. Johnson
indicated, this is very serious and the City does not have the option of doing nothing. Mr. Jones
said nothing he shared tonight was over dramatized. Councilman Esprit said he was not aware of
the information prior to the presentation and was thankful for the facts Mr. Jones shared. This
should be a major priority over street repairs. He understood the City has this under control right
now, but “What if . . . ?” The pictures of flooding indicate this is a major concern.
Councilman Propes asked how much water the City sold and to whom the water was sold, which
would be a significant revenue loss. President Felton said water is sold to the County yearly for
the Wilberforce, Cedarville, and Shawnee Hills area.
Councilman Propes noted $300,000 [for a dike] is a significant cost. President Felton said in the
past, $300,000 was in the budget but the work was not done; she did not know why it was not
done. Mr. Jones said other items took precedent. He noted he designed the plans for it.
Councilman Engle said not having the dike scared him, and he thought money in the budget
could be allocated for the project. Councilman Engle acknowledged the City may never get that
much rain, but you never know. Mr. Jones said they are seeing more rain than in past years.
Councilman Engle agreed.
Councilman Propes noted with new developments, there might be more water entering the
stream. Mr. Jones said the developer wanted to dump all the water from the golf course area at
Singing Greens into the creek without any detention, which caused a big fight. The developer
did not understand why dumping a little more water would be a problem. Mr. Jones explained it
was a problem because the City’s WTP was at the other end of the creek. Councilman Propes
agreed there were serious issues with the sewers and infrastructure; he felt street improvements
should wait. Mr. Jones said within a few weeks all sewers under the street will be replaced on
St. Rt. 380 (S. Detroit St.). Unknown things happen, but they do not want to repair the sewers
and later have to tear up the streets. Councilwoman Mills felt that made sense.
Councilwoman Mills said in 2013, EPA regulations will take effect. The City is having
problems in dealing with heavy storms, and there is not enough storage at the two WWTPs. She
asked how sliplining would help and how much could be done at what rate to help ease that
situation. Mr. Jones said he preferred to slipline the east end streets and very aggressively go
after the house connections and the bad laterals. Doing that would make a significant difference.
Councilwoman Mills asked for an explanation of “smoking the lines.” Mr. Jones said a smoke
bomb is set off and placed in the manhole, and then a cover is placed over the manhole with a
blower motor that blows the smoke. Prior notice is given to residents and the Fire Division,
because the Fire Division would get calls from residents that think their house is on fire.
President Felton agreed placing a dike around the City’s WTP was a priority. Councilman Engle
said he was simply expressing his opinion and wanted to hear if he correctly understood
Mr. Jones’s comments. He noted the City Manager promised to provide an interim set of
recommendations within 1 to 1½ months. President Felton agreed the City Manager would tell
Council what staff felt were priorities. At this point, they are not sure the City Manager feels
installing a dike is the top priority.
Mr. Jones said if his department had the staff, they could do the work. President Felton asked
how the cost would be paid or financed. Many things need to be done, but decisions need to be
made on what can be done with the money available and in what priority order. Council needs
Mr. Jones’s expertise to explain the priorities and how to get the work done. Mr. Jones agreed it
was helpful for Council to understand the issues.
Mr. Merriman agreed addressing the infrastructure was critical but it also must be balanced with
other service area needs. For example, the Shawnee Park retaining wall is in poor condition, and
the City Hall HVAC drastically needs to be overhauled.
Councilman Engle said Council was asking for guidance from staff to help them set priorities in
the 5-Year Plan. He agreed not all critical areas can be addressed the first year, but one or more
top priorities could be addressed, with some less significant issues also being addressed.
President Felton felt a levy would be needed in the future; what would be on the levy is
unknown. She said she was elected to address City concerns first, and she could not focus on the
school’s levy. Everything has to be put into perspective. It will take one tremendous selling job
to get any levy of any sort passed. Councilwoman Mills said she learned at the seminar it takes
two years to prepare for any type of levy. President Felton agreed; it took Fairborn three
attempts before their levy passed.
Councilman Engle said it all goes back to integration. A project may come up that they need a
levy for that fits within the 5-Year Plan, which may then dovetail with other things they know
are going on. He agreed Council needs to have their own agenda for the citizens, but all those
things are inevitable and Council needs to figure out a way to deal with them.
Mr. Jones said Council must be able to provide incentives to people that are thinking about
coming to Xenia to live and work. Councilman Engle agreed, which is why he was thinking
about the $300,000 needed for the dike. He wondered how the City’s image would be affected if
it lost water for 2-3 weeks. He thought it would be catastrophic. Councilwoman Mills agreed.
The 1913 Dayton flood is still remembered.
Councilman Esprit felt all Council members were concerned about the citizens. However,
sewers are a priority. President Felton agreed. Now that Council knows the background, they
will be better equipped to make priority decisions presented by the City Manager’s office in the
future.
Vice President Miller asked if staff and the City Manager considered a combined levy to cover
streets, sewers, water lines, etc. For the next 18 months, the public could be educated on the
cost, how much revenue would be needed, and what services citizens would receive because of
the temporary levy, which would be a capital improvement levy for streets and sewer lines.
Citizens might better understand the seriousness once a few neighborhoods have been smoke
bombed. President Felton said it was recommended the street levy not be addressed at this time.
Vice President Miller noted Wilson Drive had to be torn up within months after repairs were
done due to a water line break. Just like work done on Third Street, water lines should first be
fixed and then street repairs completed. If citizens are educated, it might be easier to pass a
combined levy for all the repairs.
Mr. Johnson said that could be part of the strategy. President Felton asked when Mr. Johnson
would be ready to do the next presentation. Mr. Johnson said he would be like to make a
presentation at one of the next two XCC meetings. President Felton suggested it not be done at
the first meeting of the month because many members attend “Toast of the Town.”
Mr. Bazelak said it would take three years for the water, sewer, and street improvements.
However, they are looking at a 20-year bond issue that is a 20-year payback through property
taxes. It would be a long-term cost to citizens to have that millage in place and/or water and
sewer rate increases in place to cover the debt service. There is a long-term cost. President
Felton asked if there was any state money available. Mr. Bazelak said he and Mr. Jones
checked. Money is not as available as it was in the past and there are major constraints for the
City to qualify for the low interest rate loans.
Mr. Merriman said in constructing the improvement plans, on which senior staff have been
working, a stringent requirement is they are building toward the future constantly. It is an annual
process. He thanked Mr. Jones and his staff for the excellent work they have done to this point.
All the department and division heads have gone to extensive efforts to put together the
improvement programs. They have done an exceptional job and put in a lot of time.
Mr. Jones thanked Mr. Quinlan for changing the traffic signal timing in downtown (due to the
closing of W. Church Street). It has made a huge difference in traffic flow. Vice President
Miller noted the traffic volume on West Second Street has increased dramatically. Mr. Jones
noted 10,000 cars travel W. Church Street daily, so the traffic had to go somewhere.
Vice President Miller asked if federal mitigation money was available for dikes. Mr. Jones said
they would check.
Xenia City Council
Xenia City Council
May 24, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on May 24, 2007, at 7:00 p.m., in the City
D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, and Patricia L. Felton.
Phyllis A. Pennewitt was absent due to her hospitalization.
INVOCATION: Pastor Bill Rowe, Trinity Christian Church, Beavercreek asked for a moment
of silence to remember our troops then gave the invocation after which all joined in the Pledge of
Allegiance.
Motion by Councilman Engle, seconded by Councilman Propes, to excuse Mayor Pennewitt
from the meeting. No discussion followed. The Roll on this was the following:
Ayes: Miller, Engle, Esprit, Propes, Mills, and Felton
Nays: None
motion carried.
APPROVAL OF MINUTES: Motion by Councilman Esprit, seconded by Councilwoman
Mills, to approve the May 9, 2007, Special/Executive Session minutes as written. No discussion
Ayes:
Engle, Esprit, Propes, Mills, and Felton
Abstain: Miller
Nays:
None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Propes, to approve the May 10, 2007,
Executive/Special Session minutes as written. No discussion followed. The Roll on this was the
following:
Ayes:
Esprit, Propes, Mills, and Felton
Abstain: Miller and Engle
Nays:
None
motion carried.
Motion by Councilman Esprit, seconded by Councilman Propes, to approve the May 10, 2007,
following:
Ayes:
Esprit, Propes, Mills, and Felton
Nays:
None
motion carried.
SPECIAL ACKNOWLEDGEMENT: Xenia Shoe & Leather. Mary Crockett and President
Felton recognized Tim and Lynn Sontag, owners of Xenia Shoe & Leather, who were awarded a
statewide prize by Heritage Ohio last Thursday for the best small rehabilitation project. They
were nominated by the Community Development Department for work done on the façade of
their business. Twenty other cities applied for different levels of prizes, and Xenia Shoe and
Leather won one of the prizes. Mr. Sontag thanked the Community Development Department,
City Council, and XEGC for allowing the project to go forward and for the generous financial
support. President Felton said Xenia Shoe and Leather is a great example of how they would
like the City to look. (Applause followed.)
Planning and Zoning Commission: No report was given due to Mayor Pennewitt’s
absence.
Mayors & Managers: Mr. Johnson said he and Mayor Pennewitt attended the meeting on
May 9 . The guest speaker was Charles Shumaker, Director of Five Rivers Metro Park in
Montgomery County. Five Rivers Metro Park has over 14,000 acres under its control, and they see
themselves as an economic development agency. The quality of life and outdoor experiences bring
many people into the Dayton/Montgomery County area, which includes entertainment facilities at
Riverscape and Allen Park. They are doing a lot of work to educate the public on low dam safety
controls, which is a significant boating hazard. They are also looking at youth programs to get
children involved in the woods. He referred to a very interesting book entitled “The Last Child in
the Woods – Saving Our Children from Nature Deficit Disorder.” The theme is kids now turn on
the television rather than going outside to enjoy the woods and nature. The author feels there are
many life issues that can be learned in nature that children are missing today.
th
Miami Valley Regional Planning Commission: No report was given due to Mayor
Pennewitt’s absence.
BRACA May meeting was postponed due to the unavailability of the guest speaker (Assistant
City Manager Brent Merriman) who was going to discuss ways to enrich BRACA and to look
toward the future.
Board of Zoning Appeals: Vice President Miller deferred to President Felton since he
was ill and unable to attend the meeting. President Felton said she chaired the meeting at which
there was one item. Mr. and Mrs. Fox on Moccasin Trail requested and were granted approval to
construct a room addition.
ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Miller acknowledged the
work done at Xenia Shoe and Leather. Both the outside and inside were changed and the
business looks great. They exposed the original tin ceiling, which is unbelievable.
Approval of an Intergovernmental Agreement for the Business First! retention and
expansion program by and between the City of Xenia and Montgomery County.
Mr. Johnson asked Mr. Brodsky of XEGC to summarize this particular program. Mr. Brodsky
said the Business First! Program is a comprehensive business retention program. It is
administered by the Montgomery County Economic Development Department; however, there is
a steering committee made up of members from each of nearly fifty participating jurisdictions
that essentially runs the program. It is a comprehensive process to quickly and easily determine
the needs of a business using some proprietary software that is made available through Executive
Pulse, a nationally known business retention company. It allows them to quickly identify the
needs of a particular business. They can then draw on the resources of nearly eighty partners to
help them meet those needs. There would still be a single contact person for the business. In
Xenia, it would be his office. XEGC would find the appropriate resource partner, who would get
back to the business within one day to try to help them address the issue and meet the need. In
addition to helping meet the needs of individual businesses, it would also allow them to look at a
composite picture of business activity within the City. They could then identify trends, and if a
potentially negative trend were identified, it would allow them to proactively address the concern
before it becomes a critical issue. The agreement between Xenia and Montgomery County was
shared with Council. Within the agreement are certain protocols to which every jurisdiction
must adhere: (1) each jurisdiction will not actively recruit another business to move to their
community; and (2) if another jurisdiction were contacted by a company located in Xenia, that
city is required to contact Xenia staff to allow Xenia an opportunity to first retain the business. It
tries to take a holistic regional approach to business retention. XEGC will pay the initial $3,000
and $1,500 yearly. Greene County is preparing an inter-jurisdictional agreement for the
participating jurisdictions within Greene County that would lay out how they intend to work,
which will be coming before Council once prepared.
execute the Intergovernmental Cooperation Agreement for the Business First! Program, as well
as any related documents, and authorize the Xenia Economic Growth Corporation to act as the
City’s agent in relationship to the program. Discussion followed.
Councilman Engle asked if other cities within Greene County signed the agreement.
Mr. Brodsky said Fairborn and Yellow Springs signed a similar agreement within the last two
weeks, as well as the Greene County Board of Commissioners. Everyone is coming on board at
the same time. Councilman Engle asked if Beavercreek had not indicated any interest at this
time. Mr. Brodsky said that was his understanding.
President Felton asked how many cities in Montgomery County were members. Mr. Brodsky
thought all the cities in Montgomery County were members. President Felton asked if the
Greene County Commissioners were targeting only large cities. Mr. Brodsky said the Greene
County Commissioners approached Xenia, Fairborn, Yellow Springs, and Beavercreek. The
smaller communities such as Bellbrook, Bowersville, and other smaller villages would be
covered through Greene County. This agreement is for industrial business and does not handle
retail. Other than retail, there is little business in the small villages, and it would not necessarily
be cost effective for them to be a member of this organization, which is why Greene County is
picking up that balance. President Felton thought some of the small villages would like to have
it to increase their revenue.
Nays: None
motion carried.
Introduction of an Ordinance to Waive Competitive Bidding for Taser Purchase.
Mr. Johnson respectfully requested Council introduce an ordinance waiving competitive bidding
and authorizing the City Manager to enter into a contract with Vance’s Law Enforcement for the
purchase of twenty (20) Taser X26 Electrical Conducting Devices in the amount of $15,819. He
noted Police Chief Randy Person was available for comments.
President Felton asked Chief Person if he wanted this ordinance passed as an emergency. Chief
Person said that would be fine to help protect the life, health and welfare of the City, but they did
not wish to antagonize Council by requesting it be passed as an emergency.
Councilman Esprit presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
VANCE’S LAW ENFORCEMENT FOR THE PURCHASE OF TWENTY (20) TASER X26
ELECTRICAL CONDUCTING DEVICES, AND DECLARING AN EMERGENCY.
Motion by Councilman Esprit, seconded by Vice President Miller, that the rules requiring the
Councilman Propes asked if training was included. Chief Person said yes. The Xenia Elks made
a nice donation and donated the original six (6) Tasers. All officers and staff have been trained
and certified in the use of Tasers. There have been four incidents in which Tasers were used,
two of which were against dogs. Presently the Police Division has six (6) Tasers that are rotated
every shift. Three (3) were returned for warranty work because they are fragile when changed
out often. Twenty-six (26) Tasers will allow each street officer to have a Taser assigned to them,
which should reduce maintenance, although they are all under warranty. The Roll on this was
the following:
Nays: None
motion carried.
Nays: None
motion carried.
Authorization to Participate in Ohio Municipal League’s Workers’ Compensation
Group Rating Program. Mr. Johnson respectfully requested Council’s approval for the City of
Xenia to enroll and participate in the OML Workers’ Compensation Group rating plan and
authorize the Finance Director to disburse the funds. The City is eligible to participate in the
Group Rating Program in 2008 with the difference between group premiums and our individual
premiums calculating to a savings of approximately $45,074. He noted Dave Price, Homeland
Security/Risk Management Director was available for comments.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve the City of Xenia to
enroll and participate in the OML Workers’ Compensation Group rating plan and authorize the
Finance Director to disburse the funds. No discussion followed.
Nays: None
motion carried.
Vice President Miller acknowledged the question he was about to ask had nothing to do with this
agenda item. He asked Mr. Price if he would investigate finding federal mitigation funds to
build a dike around the City’s Water Treatment Plant. Mr. Price said he would add that to his
list.
Emergency Transfer of Funds to Cover Part-time Salary Expense for Parks &
Recreation. Mr. Johnson respectfully requested Council transfer $16,000.00 from operating
expenses to part-time salaries to cover expenses for summer park staff and the position of
Recreation Program Specialist through the end of the year. He noted Michelle Fisher, the new
Parks and Recreation Director, was available for questions.
Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE 07-07 TO
President Felton asked Ms. Fisher to explain her request. Ms. Fisher said in previous years the
referee services for the basketball program were always done contractually through the Kettering
Referees’ Association. The City provided the funds to that organization and they hired the
referees. The previous Director of Parks and Recreation determined this past season, the City
could save a little money by hiring staff in-house and paid out of the part-time salary line as
opposed to contractual services. In order to hire summer park staff, the money needs to be
moved so staff can be paid for spending time with the youth of the City. The Roll on this was
the following:
Nays: None
motion carried.
Nays: None
motion carried.
Approval of Final Plat for NOM Xenia, South Allison Avenue. Mr. Johnson asked
Community Development Director Mary Crockett to discuss this agenda item.
Ms. Crockett used an overhead to show the site plan. At their meeting on May 3, 2007, XPZC
endorsed the approval of the Final Plat for NOM Xenia. This is a redevelopment project
consisting of 5.224 acres located at the corner of South Allison Avenue and West Main Street.
She acknowledged the presence of Brian Fabo of Atwell-Hicks and Chad Williams from NOM
Xenia, who are available for questions. This redevelopment project involves the site of the
former Community Bowling Lanes and existing Perkins Restaurant. This commercial
subdivision will consist of six lots (five building lots and one lot representing the shared access
for the lots). Lot 1 is the site of the existing Perkins Restaurant, which will remain unchanged,
except for the freestanding sign. Lot 3 and 6 are future building lots. Lot 4 is an existing lot
with a structure facing West Second Street. The immediate purpose of the commercial
subdivision is to create a lot for Rite Aid Pharmacy on Lot 2. The existing structure will be
demolished and a new structure will be constructed. The site is zoned B-3 Highway Oriented
Business District.
Elements of the site plan:
1. Rite Aid will utilize existing access off Allison Avenue and West Second Street.
2. Shows a drive-thru on the western side of the building with two aisles. The northern access drive
currently shared with Perkins Restaurant and Knights Inn will remain; an easement will be provided
for the proposed lot to the west.
3. Total parking is 75 spaces with four handicap accessible spaces, two on each side of the main
entrance as requested by XPZC.
4. Bicycle racks are provided at the north entrance.
5. Dumpster enclosure wall will match building but have a galvanized chain link fence with tubular
steel frame with brown vinyl infill slots.
6. Landscaping requirement is consistent with a requirement of the Xenia Planning and Zoning Code.
Staff discussed with Atwell-Hicks their need to update and improve the landscaping for Lot 4.
7. Sidewalks along Allison Avenue will be completely reconstructed.
8. This commercial subdivision proposes to construct a ground-mounted sign at the corner of West
Main Street and Allison Avenue replacing the existing freestanding Perkins Sign. The allowable
sign for this shopping center is 100 square feet in size and fifteen (15) high. This development sign
will be shared among all the tenants in this commercial subdivision and will need XPZC approval.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve the final plat for
NOM XENIA, LLC consisting of the record plan and construction drawings. Discussion
followed.
Vice President Miller noted this matter would have to go before BZA (which he chairs) because
the developer is landlocking much of the land, which is not his preference. Staff should educate
the developer on the new sign ordinance before going to XPZC. Ms. Crockett said the sign
ordinance requirements were discussed at the May 3, 2007, XPZC meeting.
Councilman Propes felt the drawing of the proposed Rite Aid showed little imagination; and he
was disappointed and uninspired. If they are trying to look like a competitor, they did a great
job. He expects any business to try to stand out instead of blending in.
Brian Fabo, Atwell-Hicks, showed photographs of the proposed new structure. The original
drawings submitted were rather flat. The new photographs shown were of a Rite Aid built in
Ada, Ohio. He noted there is relief to the building with raised corner elements that project out
from the face of the building. It is an all masonry building. They used an integral color along
the smooth, single score base made of concrete masonry. The reason the brick does not go down
to the sidewalk is that brick does not hold up well against the salt. Concrete block is used along
the base with a raised brick façade from that point. The building has four different colors of
masonry. The concrete base is darker, followed by three lighter colors. There is a red and blue
canopy at the entrance with a curved metal element to draw attention to the entrance and to give
a different architectural character to the front corner of the building. There is a large amount of
glass on the outside of the building to allow more daylight into the sales area. He hoped Council
felt the photographs showed the true look of the building as opposed to the drawings previously
submitted.
Councilman Propes said his comments expressed his personal preferences; he hoped Mr. Fabo
was not offended. He has done plan approvals for many buildings of this type and has seen some
pharmacies go out of their way to make their buildings stand out rather than be a cookie cutter
replica. He thanked the developer for opening a business in Xenia.
Mr. Lewis asked where in Ada, Ohio, the Rite Aid shown on the photograph was located.
Mr. Fabo said it was located directly across from the university at the former site of Hardee’s
Restaurant, which was torn down.
President Felton said the map shows access into Rite Aid from West Second Street. She felt the
location of the dumpster limited traffic flow. She would rather see the dumpster moved to allow
a better traffic pattern around the entire building. Mr. Fabo said the dumpster enclosure lines up
with the landscaping and has two bays for dumpsters (one for regular trash and one for
recyclables) and a third bay for plastic tote storage. President Felton thought they were limiting
the drive thru. Councilman Propes explained the drawing showed three concrete pads. President
Felton did not think a truck could drive around the area.
Mr. Fabo explained the drawing showed concrete pads, which are flush with the asphalt. The
pads were installed to make the area in front of the dumpster more durable, particularly during
summer weather when asphalt becomes soft, allowing trucks to sink into the asphalt. Drivers
can drive over the concrete pads. There are also concrete pads in the truck dock area. There is
enough room for trucks to get through. They must ensure the trash truck will not back into the
canopy when exiting, as well as making sure the delivery truck can make the turn to unload. The
only restriction to traffic flow is the drive-thru pharmacy, which is one-way so other drivers will
not approach the pharmacy drive-thru traffic head-on. President Felton suggested the drivethrough pharmacy lanes be expanded – they have at least one acre. Mr. Fabo said doing that
would encourage drivers to drive on the left rather than on the right, and they would cross traffic.
It is safer to have the drive-thru pharmacy one-way so those drivers would not hit another driver
head-on coming the other way. President Felton said the additional lot Rite Aid wants to
maintain would only become a collector for trash and junk until they decide to develop it.
Mr. Fabo said the most important access to the vacant lot is off the drive isles. President Felton
said that would not be allowed because it must have ingress and egress. They could not build a
building on landlocked land. Mr. Fabo said the building would have cross access easements to
access the building. There are existing access agreements along the main drive. President Felton
could not understand why anyone would want a business located in that area, because [most]
business owners want their business seen from the road. Mr. Fabo said the lot may be
appropriate for some users, such as an office that would like a less profile location.
President Felton asked for an explanation of the broken line on the west side of Lot 4 as shown
on the plans. Mr. Fabo said they were old lot/property lines that would be removed when the lots
are reconfigured. President Felton asked why the developer would not leave part of it open to
provide access from Second Street to the one-acre lot [Lot 3]. Mr. Williams said there has been
some discussion about Community Bowling retaining Lot 4, but they do not know how Lot 4
will be used. The intent is to limit the access on Lot 4. President Felton asked if Council was
dealing with the property owners. Mr. Williams said NOM Xenia is under contract to purchase
the property from Community Bowling Lanes—they have an option on the property.
President Felton agreed with Councilman Propes’ comments. The City worked many hours to
get the Wal-Mart Supercenter building façade changed to make it look more like Main Street
USA. President Felton noted the Wal-Mart Supercenter façade looks like mini storefronts, even
though it is one building. She said the developer did not have to agree to change the façade, but
she is asking that they consider it.
Vice President Miller said he knew of a restaurant business that might be interested in leasing
Lot 3, the 1.1 acres that is landlocked, but would need street access for a drive-thru and dine-in
restaurant. He offered to provide the name of the business to the developer after the meeting,
and suggested they contact them.
President Felton said she would vote for the approval but was disappointed that staff brought
forth a project like this.
Ayes: Miller, Engle, Esprit, Mills, and Felton
Nays: Propes
motion carried.
Items for the City Manager: Mr. Johnson updated Council on the portable basketball
goal issue. Staff has met with concerned citizens several times, the Police Division is continuing
to deliver educational material, and the media has been contacted to share safety concerns with
citizens. They hope parents will voluntarily educate their children on the hazards of playing in
the street. A couple recently appeared before Council to discuss concerns about street conditions
on Vimla Way. Staff contacted them, visited the site, and determined the problems with the
street are a City issue. Mr. Jones is putting together a plan to address and correct the curb issues.
President Felton thanked Mr. Johnson for acting on the concerns.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes wished
everyone a “Happy Memorial Day” and encouraged citizens to remember why we are
celebrating this holiday. We should remember the people who have fought for this country and
given us the ultimate sacrifice to ensure our country is free and we are able to do the wonderful
things that we love to do.
Councilwoman Mills reiterated Councilman Propes’ comments. Please remember those who
have made the ultimate sacrifice for our country and those that are fighting for us today.
Vice President Miller said he was thankful that many of his family served in the Armed Forces,
including his mother and father who served in WWII, and thankfully, both returned home
unharmed. All of his friends who have served have returned unharmed, except for a friend who
recently was hit by shrapnel, but is okay. He has another friend who leaves for Afghanistan in
August and another who leaves for Iraq in two weeks. He hopes they all return unharmed.
Councilman Esprit also reiterated Councilman Propes’ and Councilwoman Mills’ comments. He
wished all the active and inactive military, veterans, and persons in the community a “Happy and
Safe Memorial Day.” He congratulated the Xenia Police Officers who have served the City,
some for 15 to 35 years, and were recognized for their service by the Fraternal Order of Police
last week.
President Felton agreed the City has been doing many good things. She called her Senators, the
White House, and local legislators and is furious at the Republicans and Democrats over the
Immigration Bill. She encouraged citizens to read the bill. Those citizens who pay the bills and
pay for children attending college are going to pay full price. Immigrants will get a discount
because they are illegal. Citizens should read the bill and make up their own minds, but she feels
they are “being sold down the river” again.
Councilman Engle reiterated other members’ Memorial Day comments. He wished everyone in
Xenia and all past, present and future individuals that serve in the Armed Forces a “Very Happy
Memorial Day.” Please be safe this Memorial Day that begins the 100 critical days of summer
when more accidents tend to happen. Councilman Propes, Councilman Miller, and he attended
Prayz and Play sponsored by Kennedy’s Bible Book Store this past weekend. City Council
sponsored a dunking booth and in 4½ hours raised $250 for the Women’s Center. It was a fine
thing to do and the Women’s Center appreciated the donation. He wished his last child and very
special daughter Carolyn a “Happy 10th Birthday.” He asked all Council members to sing
Happy Birthday to Carolyn, which they did.
Ms. Fisher reminded residents of the summer kick-off event at Shawnee Park on June 2 nd with
WBZI Day. A concert is planned for Sunday, June 3rd, starting at 6:30 p.m., and she invited
everyone to attend. The first “Movie in the Park” will be Happy Feet to be shown on June 9th.
Information will soon be available on Channel 10.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Councilwoman Mills, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
June 14, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on June 14, at 7:00 p.m., in the City Council
Chambers, City Hall, with the following members present: William R. Miller, Michael D. Engle,
Dr. Lee G. Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L.
Felton.
INVOCATION: Janice Ernst, Faith Community United Methodist Church, gave the invocation
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilwoman Mills,
to approve the May 21, 2007, Special/Executive Session minutes as written. No discussion
Ayes:
Miller, Propes, Mills, Pennewitt, and Felton
Abstain: Engle and Esprit
Nays:
None
motion carried.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve the May 24, 2007,
Special and Regular Session minutes as written. Discussion followed. Mayor Pennewitt asked
that the minutes reflect she was absent because she was hospitalized. Councilman Engle asked
that the Regular Session minutes reflect his daughter’s name is spelled Carolyn not Caroline.
Ms. Louderback noted the corrections. The Roll on this was the following:
Ayes:
Abstain: Pennewitt
Nays:
None
motion carried.
President Felton acknowledged Becky Louderback, Assistant Finance Director, was present in
Mr. Bazelak’s absence.
PUBLIC HEARING: FY 2007 Small Cities Community Development Block Grant
(CDBG) Formula Allocation. Mr. Johnson asked Community Development Director, Mary
Crockett, to address Council. After the presentation, Ms. Crockett, Mr. Jones, and he would be
glad to answer questions. Following the public hearing, he respectfully requested Council
introduce a resolution authorizing the City Manager to submit an application for FY 2007
Formula Allocation funds from the State of Ohio.
Ms. Crockett said staff met and discussed each project for the CDBG funds with an application
deadline of July 13, 2007. She addressed previous questions presented to her. She explained
“CAS” is an acronym for Community Assessment and Strategy that the State of Ohio requires
they update annually. It is a planning strategy, and they use data from the census and
information from engineering and various parts of the city to identify those areas in the city that
are most in need. One of the major requirements is area and individual benefit to low- and
moderate-income households. The CAS was submitted on May 18, 2007. Following the first
public hearing on February 22, 2007, applications were available for non-profit organizations.
Two applications were received, but neither was suitable for CDBG funds. The first application
was from the Greene County Combined Health District, who requested $25,000 to assist five
residents on Emerson Drive at approximately $5,000 per residence to assist them in obtaining
sewer connection work and permit fees. Staff did not recommend this proposal, because while
this type of work could be CDBG-eligible, this residential area is not low- to moderate-income
and is not one of the six targeted CAS priority areas, which is a requirement for CDBG funding
from the State. The second application was from the American Red Cross. They sought funds in
the amount of $860.24 for the replacement of 18 interior doors in their family housing units.
They also applied with the County and were advised to pursue other more suitable funding
sources such as the City of Xenia’s Community Funding Program. This request was not
recommended for funding because, even though the amount of money was small, the amount of
staff time and paperwork required to process this grant through the State’s CDBG Formula
program would be too cost prohibitive.
Therefore, the two projects being recommended for funding using the annual Formula proceeds
are as follows:
Project 1. Parks and Recreation Facilities – Ms. Crockett distributed handouts of the
proposed pedestrian/bike path. This consists of the construction of 2,000 linear feet of paved
pedestrian/bike path connector measuring 10-foot wide by 1-foot deep. The first segment is
along the eastern edge of West Side Park (west side of Sheelin Road) from the northern edge of
the Laynewood subdivision north 1,000 feet to Towler Road. The second segment consisting of
500 linear feet will connect this pedestrian/bike path connector to an existing paved city service
vehicle path along the north side of Towler Road. A third segment of the pedestrian/bike path
connector will be constructed between Creekside Trail at Towler Road and the end of the service
vehicle path. These segments will provide a continued paved surface pedestrian and bike path
connector for the residents of Laynewood to West Side Park and Creekside Trail. In the future,
they hope to connect the bike path to the northwest. The estimated cost is $57,750.
Project 2: Parking Facilities – This would provide landscaping, paving, signage and lighting to
the city-owned parking lot at the southeast corner of East Main Street (U.S. 35) and South
Whiteman Street. The lot serves as a gateway into the eastern portion of the Central Business
District and is currently unattractive and poorly marked. They are trying to connect this with a
number of initiatives such as the Tier 1 Planning Grant downtown and the West Main Street
Enhancement Program. Envision Consultants, specialists in parking lot design and who closely
work with the EPA, submitted a bid. Staff feels it will be a good step toward wastewater
management. The drawing indicates a two-phase parking lot with trees planted in a rain garden
design. Instead of water flowing into the storm sewers, it would be detained within the irrigated
centers for trees, grasses, and low maintenance plantings. The estimated cost for the activity is
$36,000 to include signage, re-surfacing and new surfacing of sections.
Ms. Crockett respectfully requested Council introduce the resolution for a first reading tonight
and entertained questions.
Vice President Miller said the proposed pedestrian bike path connector (the yellow dashed marks
on the drawing listed as “future bike path connector”) should have been done last year in
conjunction with the skateboard park. He feels it is more critical to complete this “future”
connection than to create a bike path along the side of the road that leads to a dirt road.
President Felton suggested doing the segment that goes to Sol Arnovitz Park last and doing the
other segment first. From the end of Laynewood to the bend in Towler Road is private property
and is not a dedicated road.
Vice President Miller said the blue segments shown on the drawing do not connect to anything.
Ms. Crockett said the 470’ blue segment would connect to the existing Creekside Trail on the far
end. Vice President Miller agreed that segment was connected, but it was far away from the
activity at West Side Park and the skateboard park; the other segments do not connect the bicycle
path to West Side Park. If that [yellow] segment was done, someone could ride from the Greene
County Fairgrounds to West Side Park; without the connector, it cannot be done. Ms. Crockett
agreed it made sense and was discussed. There may be some environmental issues and staff may
need time to discern the kinds of environmental issues that are involved with CDBG funds. This
particular CDBG funding must be spent by December 2008. Vice President Miller said the
environmental studies should be in the files somewhere. Ms. Crockett clarified Vice President
Miller liked the idea of the bike path but would like it to connect to the Greene County
Fairgrounds. Vice President Miller said that was correct.
Mayor Pennewitt said in the past at West Side Park, cars park close to the ball diamond. She
was concerned that activity would continue and motorists would drive over the sidewalks. She
asked if staff considered erecting signs or establishing parking across the street.
Mr. Jones explained the thought process regarding the segmented parts of the bike path along
Towler Road. (1) Ultimately, they would like to have a full bike path and keep bicyclists off
Towler Road. (2) If it is phased using the money available and they commit to the first phase,
then they are committed to the second phase, which is why there is a gap. There are “no parking
signs” on both sides of the street by West Side Park and Police have enforced the violation.
There is parking available around the Service Center, across the street, and at the end next to
Laynewood. There should be no reason for anyone to park on the grass since that kills the grass.
Since it is a sporting event, it should not be too hard for people to walk 500 feet to the field.
Mayor Pennewitt asked how many parking spaces were available at West Side Park. Mr. Jones
estimated 100 cars could park at and around the Service Center with additional parking available
in the other paved areas. One of the main issues with having the bike path/pedestrian walk on
the eastern edge of West Side Park was because the skateboard park is on that side. They did not
want it on the opposite side of the street because kids would have to cross Towler Road by the
bend and they prefer they cross in the subdivision before the bike path starts.
Councilman Engle agreed it would be nice to have the bike path connected, as mentioned by
Vice President Miller; however, it still must be a phased project. Council was asked to introduce
this resolution tonight. Before the second reading, they could search for the environmental
studies and amend the plan slightly if necessary. President Felton said the plan could not be
amended. Ms. Crockett agreed; the public must have a ten-day notice before they hold another
public hearing.
President Felton thought there has been a lack of communication with Council, which is needed
before items go forward and final decisions are made. She chaired a parking study committee
beginning in January about downtown parking. There has been no final meeting and she has not
seen this recommendation before tonight. She asked when parking passes would be taken care
of. She did not want this amount of money spent on a parking lot where citizens could not park.
Ms. Crockett said they are in the midst of doing the final touches. The information should be to
the City Manager by tomorrow or Monday at the latest. Some recommendations will definitely
have to come before Council for policy recommendations. There are other sections they are
prepared to act upon immediately. She apologized for the length of time it took; there have been
multiple priorities staff has been working on simultaneously. They wanted to ensure it was done as
accurately and thoughtfully as possible. This is a good initiative and fits in beautifully with the
downtown plans and how they can make the downtown area inviting so people will come to shop.
President Felton said she resented staff not following through and not having a final meeting.
She headed the committee that was approved by this Council. The resolution will not come
forward until she sees it all since she sets the agenda.
President Felton opened the Public Hearing and asked those in favor of the CDBG Formula
Allocation to come forward to speak. No one came forward to speak. President Felton asked
those against the CDBG Formula Allocation to come forward to speak. No one came forward to
speak. She then invited anyone who wished to speak neither for nor against the CDBG Formula
Allocation to come forward to speak. No one came forward to speak. President Felton closed
the Public Hearing and entertained questions or comments from Council.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to vote on the proposed
resolution on June 28, 2007. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Traffic Commission: Councilman Propes said the Traffic Commission met on June 4th.
Jim Jones discussed traffic flow and solutions due to current and pending road construction
projects. Some discussion centered on whether or not the Traffic Commission should have been
involved in some of the decisions. Sgt. Lane discussed Xenia’s top 27 accident locations in
2006. The intersection of West Main and Progress Drive was the worst followed by the
intersection of West Main and Church Street. Compared to past statistics, none were out of the
ordinary. Bob Young, a Beavercreek resident, expressed concerns about safety issues on
crossing the bike path at Main and Second Streets but was also very complimentary about the
bike trail system. Not only did he come to the Commission with concerns, but he also had some
proposed solutions, some of which could be done, such as clearing brush to enhance visibility at
the crossings. There were also updates on other projects within the City. There is a vacancy on
the Traffic Commission. He asked to be contacted if anyone knows of someone who would like
to serve.
President Felton asked when staff would begin work on St. Rt. 380. Mr. Jones said staff would
begin working on handicap ramps for the next 3-4 weeks on St. Rt. 380; however, traffic will not
be disrupted. When that work is done, they will begin the other work, which will disrupt traffic,
but one lane of traffic will be open at all times. President Felton asked if the work would be
done in time for the Greene County Fair the last week of July. Mr. Jones said he expects the
work to be completed by that time, but either way, the road will be passable.
Greene County Regional Planning Commission: Councilman Propes said there was
no meeting due to lack of agenda items.
Board of Zoning Appeals: Vice President Miller said BZA met on May 29, 2007, and
considered a variance to construct a detached garage on property located at 731 S. Detroit Street.
The Board has begun instituting a type of ‘clawback’ clause whereby the Board can review the
application one year after the variance or conditional use was granted. If there were any
problems with any variance or conditional use, the Board can review it and renegotiate. As an
example, when a variance is granted to construct a youth center and there is not ample parking,
they can insist more parking be provided. The variance approved on May 29th for the garage
created some complications. The pins could not be found and when the Board questioned the lot
measurements shown on the site plan, the numbers did not add up correctly. BZA stipulated the
measurements for the setbacks must be confirmed before construction could begin. Staff worked
with the homeowner but he is reluctant to get a survey. Though a variance was granted, the work
has not begun because the proper setbacks could not be confirmed nor could the property pins be
located. President Felton said based upon the cost estimate of $700 she recently received for a
survey, she could not blame the property owner. Vice President Miller said based on the setback
requirements on the alley, there is not enough room between the house and the garage and the
adjacent property. Although the variance was granted, because of the clawback clause, BZA and
staff are not pushed into a corner and forced to do something they do not want to do.
Mayor Pennewitt asked if it was legal to have a clawback clause. Vice President Miller said yes.
Mr. Lewis said he would have to look at it. Vice President Miller said the applicant was made
aware that, because access to the detached garage was from an alley, the garage must be located
not less than 10 feet from the property line side abutting the alley. In order to find the proper
setback, they have to know the lot measurements. Mr. Lewis said it was legal to require the
survey but he did not know if the actual clawback clause was legal. Mayor Pennewitt said she
was referring to the actual clawback clause. If the property owner built the garage and a year
later BZA discovered a problem, she questioned that. Vice President Miller said normally the
variances and conditional uses BZA reviews in one year are for parking stipulations; if they have
45 parking spots and are supposed to have 55 parking spots, they can require the proper parking
be provided – whether they rent the additional spots or come up with some other solution. If a
traffic situation results from the variance approved by BZA, the Board would like to be able to
solve the problem. Without having the ability to review it, the problem cannot be solved and
becomes a citywide problem instead of being worked out between the two parties.
President Felton said the motion BZA made applies to everyone. Mr. Lewis confirmed BZA was
instituting the claw back clause on a case-by-case basis. Vice President Miller said yes, it
depends on the request, and when instituted, the case is reviewed one year from when the
variance or conditional use was approved. President Felton asked if Vice President Miller was
referring to parking only. Vice President Miller said yes, but BZA imposed the claw back clause
to determine the proper setbacks for any variance, which is standard. This is the first time a
variance was approved but the project not carried out because the property owner does not want
to pay for the survey. Since he has served on BZA, he has never encountered such a problem.
Xenia Planning and Zoning Commission: Mayor Pennewitt said XPZC met on
May 3rd and recommended approval of the preliminary and final plat for NOM Xenia located on
South Allison Avenue and West Main Street. City Planner Nimfa Simpson prepared and
distributed a report that covered the building occupancy and vacancy in downtown Xenia
Miami Valley Regional Planning Commission: Mayor Pennewitt said MVRPC met on
May 3 and discussed the following:
rd

Adopted the MVRPC fiscal year 2008 budget.
Established the calendar year 2008 MVRPC Membership Assessment Rate.
Adopted amendments to the Transportation Improvement Program (TIP).
Adopted 2030 Long Range Transportation Plan Amendment and SAFETEA-LU Gap Analysis.
Adopted final fiscal year 2008 through 2011 TIP.
Adopted the Annual Self-certification of the Metropolitan Transportation Planning Process.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Esprit said President Felton
sent out an e-mail about Representative DeWine’s initiative to ban WPAFB civilian workers
from paying municipal income tax. His concern was that has to do with Riverside; the City has
an income tax and he wondered about the implications. President Felton understood they were
still working on that with Senator Austria and Representative DeWine. There will be a meeting
the first of the week on who can do what, etc. Her concern was she does not want it to affect the
City of Xenia in the long run. No one has an answer yet. Mr. Johnson agreed; he noted they
have not seen the final draft. President Felton said the article in the Dayton Daily News was
unclear; staff is still working on it.
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4/30/07: Met with Ken Taylor (AIA).
5/2/07: Attended XEGC meeting.
5/3/07: Attended the Greene County National Day of Prayer breakfast at the Schindler Banquet
Center, the MVRPC meeting, GMH Urgent Care One Year Celebration, Xenia Planning and
Zoning meeting, Family Violence Prevention Center meeting, and Central State University
graduation.
5/5/07: Attended the Wilberforce University luncheon and graduation, and Applebee’s
Restaurant pre-opening.
5/7/07: Attended the ribbon cutting ceremony at Applebee’s Restaurant.
5/8/07: Attended Nights of Champions (AIA) Gala.
5/9/07: Attended a Red Cross luncheon and Mayors & Managers meeting.
5/10/07: Attended an “Under One Roof” Committee/Health meeting and “Toast of the Town”.
5/11/07: Attended a meeting with Greene Memorial Hospital personnel.
5/12/07: Attended Special Olympics.
5/14/07: Met with a Xenia Daily Gazette reporter and attended an “Under One Roof” meeting.
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5/15/07:
5/16/07:
5/18/07:
5/19/07:
5/21/07:
5/23/07:
5/31/07:
5/31/07:
Attended a Red Cross Celebrity Fashion Gala meeting.
Attended “Walk for your Health,” and Rail and Art Fest meeting.
Attended an unveiling of a historical marker at Payne Seminary.
Participated in the Red Cross Celebrity Fashion Gala.
Attended an “Under One Roof” meeting.
Attended the high school graduation of her granddaughter, Samantha Joanne Wilson.
Attended the Tiny Tot Academy ribbon cutting ceremony at 784 Bellbrook Avenue.
Attended ribbon cutting ceremony at GMH’s Wound Healing Center.
Mayor Pennewitt thanked Councilman Esprit for filling in for her and for all the get-well cards she
received while she was ill. She is feeling fine and will enjoy her vacation next week in Idaho.
2007 Fire Division Medic Unit purchase thru Ohio Cooperative Purchasing
Program. Mr. Johnson respectfully requested Council authorize the City Manager to enter into
a contract with Horton Emergency Vehicles for the purchase of a 2007 Horton Medic Unit for
the Fire Division in the amount of $180,630.08 through the Ohio Cooperative Purchasing
Program. He noted Fire Chief Jeff Leaming was available for questions.
enter into a contract with Horton Emergency Vehicles for the purchase of a 2007 Horton Medic
Unit for the Fire Division in the amount of $180,630.08. Discussion followed.
Mayor Pennewitt asked Chief Leaming to explain the staff report statement, “This new Medic
will be placed in service at Station 2, and the 2003 Horton Medic will be placed in reserve
status.” The 2003 Medic Unit is only four years old. Chief Leaming said vehicles are on the
road 24 hours daily. The 2003 Medic Unit has reached the point where it is not cost effective to
maintain in “first out” status and why the units are rotated. They have been doing that on a fiveyear rotation basis. If the new unit is ordered tomorrow, it will still be four to five months before
it is delivered. In that period, the 2003 Medic Unit will be used daily. Even though it seems as
though a 2003 Medic Unit is not used for that many hours, it has become a cost issue to maintain
the unit to keep it operational.
Mayor Pennewitt said she unfortunately missed an important meeting when capital
improvements were discussed. When she noticed a 2003 Medic Unit was to be put in reserve,
she wondered if money should be spent somewhere else because the Medic Unit is only four
years old. Chief Leaming felt Mayor Pennewitt made a good point; however, the medic units are
exceedingly on the road a lot, and they find if they do not keep a fresh unit on front line status, it
becomes cost prohibitive. The 2003 Medic Unit will be a decent reserve piece of apparatus that
can be put into first out service, but it is time to rotate that one. In a few years, they will look at
rotating the 2005 Medic Unit.
Vice President Miller asked how many miles are put on the medic units yearly. Chief Leaming
said it more important to know the mileage and total hours of operation (which includes the idle
time). Vice President Miller agreed idle hours on the engine should be added to the actual miles
driven. Idle hours add a lot of service time on the engine even though the wheels are not turning.
When the Police Chief calculates figures on police cruisers, idle hours are included. Chief
Leaming said mileage and hours are tracked every time the vehicles are fueled, which is how
they track vehicle maintenance, dollars per mile, etc. Vice President Miller asked if the vehicles
had a device to track idle hours. Chief Leaming said no, it is total hours of operation that the
vehicle is powered up. [Chief Leaming provided the following information after the meeting:
Medic 32 has 74,542 miles and 5,841 hours.]
President Felton asked if the Medic Unit would be financed like the others or if it would be an
outright purchase. Ms. Louderback said they were considering a lease/purchase.
Nays: None
motion carried.
Introduction of an Ordinance to Waive Competitive Bidding for Police Vehicle InCar Digital Video Systems. Mr. Johnson respectfully requested Council introduce an ordinance
waiving competitive bidding and authorize the City Manager to enter into a contract with Digital
Ally for the purchase of eleven (11) In-Car Digital Video Systems and three (3) extra memory
cards in the amount of $44,725. He noted Chief Person was available for questions.
Councilman Propes asked if the videos are stored on SmartDisks. Chief Person said yes; it takes
approximately two weeks for the SmartDisk to fill up. It is then brought in and dumped onto the
server for long-term storage. Councilman Propes asked if he could view the quality of the video.
Chief Person said yes; he felt he would be amazed at the video quality. Mr. Lewis agreed the
video is very clear, and they use them often in prosecuting cases and has been very helpful.
President Felton clarified money was authorized in 2006 and not reauthorized in 2007. Chief
Person said this money was not spent in 2006 as they had problems with the pilot unit purchased
from the initial vendor. They subsequently returned the unit for a refund after working with the
company for nine months. Since that time, they researched various vendors and cameras
systems. As a result of their research, the Police Division purchased one camera system from
Digital Ally, which contains most of the system in the rearview mirror and records digitally.
This system has worked well for the Police Division and does not suffer from many of the
problems associated with the prior systems they used or reviewed. Consequently, they decided
they would like to purchase more of this camera system.
Mayor Pennewitt asked if the money was allocated in the 2007 budget. Chief Person said they
asked that the money be reauthorized from 2006 and allocated in the 2007 budget. They did not
purchase the cameras in 2006 because they were dissatisfied with the original product. President
Felton stated the money was not allocated in the 2007 budget and $30,000 needs to be
reauthorized from the 2006 budget. Chief Person clarified the money was reauthorized as part of
the 2007 budget. Mayor Pennewitt clarified the money was a correction to the budget.
Mr. Johnson agreed.
Vice President Miller introduced an ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING WITH
DIGITAL ALLY, FOR THE PURPOSE OF PURCHASING ELEVEN (11) IN-CAR DIGITAL
VIDEO SYSTEMS AND THREE (3) MEMORY CARDS.
Emergency Ordinance to appropriate Bond Money Received in 2005 for Sidewalk
Completion in Promised Land Subdivision and Emergency Ordinance to waive bidding
and award a contract to complete the sidewalks. Mr. Johnson respectfully requested Council
consider two actions:
adopt the proposed ordinance to appropriate $7,725.00 of the bond money receipted in during 2005 into
account #361-1555-55599 (Improvements-Other) for the purpose of completing public walks.
adopt the proposed ordinance to award a contract to complete the public walks in the Promised Land
Subdivision to Lewis Carl Construction and authorize the City Manager to execute a purchase order in the
amount of $7,725.00. He noted Jim Jones was available for questions.
OF XENIA, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007, FOR THE
INSTALLATION OF PUBLIC WALKS IN THE PROMISED LAND SUBDIVISION, AND
DECLARING IT TO BE AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Councilwoman Mills presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING FOR THE
INSTALLATION OF PUBLIC WALKS IN THE PROMISED LAND SUBDIVISION, AND
Nays: None
motion carried.
be now passed. No discussion followed.
Nays: None
motion carried.
Emergency Ordinance to appropriate funds to repair City Hall’s Heating and Air
Conditioning System and Emergency Ordinance to waive bidding and award a contract for
said repairs. Mr. Johnson said there have been significant failures with the HVAC system at
City Hall for many years. Due to insufficient water volume in the current cooling system, the
compressor cycles excessively. The vendor, Rieck Services, suggests adding pass through
chilled water storage tanks to add more water volume to the system to allow the compressor to
function properly. This will not resolve all the HVAC problems in the building; that action will
be forthcoming later and staff will come back to Council with a request to do competitive
bidding on that project.
Mr. Johnson respectfully requested Council consider two actions:
Motion 1: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings and
adopt the proposed ordinance to appropriate $13,000.00 into account #361-1009-55599 (Building RepairHeat/Air Conditioning) for the purpose of repairing the city building’s heating and air conditioning
system.
Motion 2: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings and
adopt the proposed ordinance to waive competitive bidding for the purpose of repairing the city building’s
heating and air conditioning system and authorize the City Manager to execute a contract and a purchase
order to Rieck Services in the amount of $13,000.00 to complete the repairs.
OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007, FOR
THE REPAIR OF HVAC EQUIPMENT AT CITY HALL, AND DECLARING IT TO BE AN
EMERGENCY.
Motion by Councilman Engle, seconded by Councilman Esprit, that the rules requiring the
placed at once upon its passage. Discussion followed. President Felton clarified this motion had
nothing to do with replacing the HVAC system later. Mr. Johnson said that was correct.
President Felton understood money to replace the HVAC system was in the budget, but money to
repair it was not. Mr. Johnson said neither was in the budget. Money to replace the HVAC
system was in the budget previously, but not included in the 2007 budget. The Roll on this was
the following:
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilman Esprit, that Ordinance Number 07-30 be
Nays: None
motion carried.
Councilman Esprit presented ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING FOR THE
REPAIR OF HVAC EQUIPMENT AT CITY HALL, AND DECLARING IT TO BE AN
EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Emergency Appropriation Ordinance, Award of Bid for the purchase of Radio Read
Meters, Award of Bid for the Installation of the Radio Read Meters, and Authorization to
enter into a lease/purchase agreement to provide financing of this project. Mr. Johnson said
this is a citywide project. Automated meter reading is a technology that uses radio transmitters
to send water usage information to a receiver. The receiver would be a laptop computer in a City
vehicle doing a “drive-by” of the meter locations. If the City adopts this technology, most
human error that can occur on a monthly bill will be eliminated. A more accurate and timely bill
will arrive each month based on an actual reading and not on estimated usages. After they are
installed and working, better use of resources will result as well as savings in wages involved
with utility billing. The City is currently reading most water and sewer accounts on a quarterly
basis.
Mr. Johnson respectfully requested Council take the following four (4) actions:
Item 1: Emergency passage of an ordinance transferring $750,000 from 664-1338-55305 into 664-650155599 and appropriating an additional $141,378 into 664-6501-55599, transferring $750,000 from 6651332-55305 into 665-6501-55599 and appropriating an additional $141,378 into 665-6501-55599, and
appropriating an additional $56,378 into 611-9001-59364.
Item 2: Move to authorize the City Manager to enter into a contract with Badger Meter in an amount not
to exceed $1,336,333.00 for the purchase of an Automated Meter Reading System.
Item 3: Move to authorize the City Manager to enter into a contract with Utility Sales Agency in an
amount not to exceed $446,422.15 for the installation of an Automated Meter Reading System.
Item 4: Move to authorize the City Manager to enter into a lease/purchase agreement with Fifth-Third
Bank at 4.44% with semi-annual payments of $82,257.72 over a 15-year period.
Mr. Johnson asked Mr. Jones to demonstrate how the device works. Mr. Jones showed a meter
that is presently used. The existing meters that are five years old and newer will have the
reading unit replaced only. There is an internal battery with a shelf life of 15 to 20 years. When
the battery goes bad, they simple replace it with a new one. The receiver will be a laptop
computer in a City vehicle doing a “drive-by” of the meter locations. The laptop accepts the
signal, and that information is downloaded to the Utility Billing Department. Readings can be
done monthly, quarterly, or whenever the City desires. It is a relatively simple process. The
City has not had any meter failures since the inception of meter change outs every ten (10) years.
The useful life of most meters is twenty (20) years. He reiterated there will be a much improved
level of accuracy.
President Felton asked if the meters could also be read manually. Mr. Jones said yes. The
meters would also be tamper proof; it registers if someone attempts to tamper with the meter.
President Felton asked if inconsistencies in the readings would show up once the information is
downloaded by the Utility Billing Department. Mr. Jones said he was not sure to what
inconsistencies President Felton was referencing. President Felton said an example would be if
the reading showed triple the amount of water was used than normally used in the last six
months. Mr. Jones said he did not believe that would be picked up in the software reading
program, but it should be picked up in the utility billing software. With this software, human
errors that can occur on a monthly bill would not be the cause of an inaccurate reading.
Mayor Pennewitt thought it was a great idea for accuracy and for saving staff time. She stated
the annual payments would amount to $164,515, and over fifteen (15) years, the City would pay
$686,075 in interest. Would the City be better off postponing the purchase and applying the
money it would borrow toward much needed infrastructure?
Mr. Jones said the automated meter reading technology serves several purposes. They do not
have to worry about meter reading errors. It is more efficient and a better use of resources will
result. After the system is installed and working, two men would be free to work in the
maintenance department to do the infrastructure work. He noted there would still be one
customer service person to respond to citizen calls. At first, there may be failures and the two
men will not be switched until they are assured the new system is working properly. Having the
two additional staff will be a great help to the department. Mayor Pennewitt asked if they would
serve as back up to the one customer service person. Mr. Jones said yes, if there was a need.
Staff still has keys to some homes and must enter homes to read meters, which should not be
happening. It is not only a safety issue for the resident but also for staff.
Mr. Lewis said there would still be people who are delinquent in paying their bills but the new
system will allow for meters to be read more quickly thus eliminating the three-month lapsed
time. Mr. Jones said it would also help with shut-offs. They recently received notice to shut off
300 meters, necessitating four to five men to be sent out who are unable to perform any other
services. Sometimes within one-half hour of the shut-offs, staff is instructed to turn the water
back on.
President Felton said this was discussed at the National League of Cities in 1993 or 1994, but
there was no money at that time; she wondered how much the City would have saved if it had
been done at that time.
placed at once upon its passage. Discussion followed. President Felton assumed the additional
$141,378 was not budgeted. Mr. Johnson said that was correct. Further, they were originally
looking at this as a phased project that would overlap different years. However, it made more
sense to appropriate the money and finance the entire project at one time even though the project
will overlap into next year. The Roll on this was the following:
Nays: None
motion carried.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Vice President Miller, to authorize the City Manager
to enter into a contract with Badger Meter in an amount not to exceed $1,336,333.00 for the
purchase of an Automated Meter Reading System. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Esprit, to authorize the City Manager
to enter into a contract with Utility Sales Agency in an amount not to exceed $446,422.15 for the
installation of an Automated Meter Reading System. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
to enter into a lease/purchase agreement with Fifth Third Bank at 4.44% with semi-annual
payments of $82,257.72 over a fifteen (15) year period. No discussion followed. The Roll on
Nays: None
motion carried.
Mr. Johnson felt this would be an exciting project. He thanked Council for passing this highticket item; a lot of the money is coming from the utility funds and not from the general fund. In
the next few months, they will look very carefully at anything affecting the general fund. He
offered to update Council as the project progresses.
Items for the City Manager: President Felton clarified that she understood money to
replace the HVAC at City Hall was not in this year’s budget. Mr. Johnson said that was correct
but they would ask for the money to be allocated in the 2008 budget. The contractor is fairly
optimistic that the new cooling system will help. With all the difficulties with the primary
compressor, maintenance on the HVAC system was removed from the preferred billing process
of paying a flat fee, and charged with paying per call. When the new compressor is installed,
they will go back to a full service maintenance agreement, which will save the City money. All
of the system controls need to be reviewed.
Schedule of Bills: Ms. Louderback presented payment of bills totaling $763,157.60.
totaling $763,157.60. Discussion followed. Vice President Miller asked the number of storage
units the City has and how much money is spent yearly storing items that are not on city
property. Ms. Louderback said she would obtain the data and provide it to Council. The Roll on
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Esprit thanked the
appointed officials, Council, and staff for the flowers sent to his wife who is recovering from
surgery. He welcomed Major Brian Esprit back from Okinawa, Japan and the Republic of North
Korea where he served as the Operations Officer. The entire family is so happy to have him
back in our great community. He and Mayor Pennewitt attended a memorial service on Saturday
at the National Afro-American Museum for Dr. Paul McStallworth, a giant in our community
and a man of tremendous service to others. He was truly a person who served.
Councilman Engle reminded citizens today is Flag Day.
Vice President Miller thanked his wife for making him a father and being able to celebrate
Father’s Day.
Councilman Propes and President Felton had nothing further to share.
Councilwoman Mills reminded residents the “Music in the Park” series has started. “The
Impossibles” will play music this Sunday, June 17th. The Fishing Derby will be held at Shawnee
Park on June 16th from 9 a.m. to 12 p.m., for children ages 3 to 15. The summer parks program
has begun. Each week will have a different theme. It is a free program and the Xenia
Community Schools provide free lunches. For questions, please contact Michelle Fisher at the
Xenia Parks and Recreation Department. She wished all dads a Happy Father’s Day.
Mayor Pennewitt said Flag Day was designated in 1777. In 1916, Woodrow Wilson issued a
proclamation that officially established June 14th as Flag Day. In August 1949, National Flag
Day was established by an act of Congress. She hoped people read the Xenia Daily Gazette
today because it gives information on why the flag is folded in a certain way, what each fold
represents, and how important the flag is. It is symbol of freedom, and respect should be paid to
the flag. Much attention is given to Mother’s Day and Father’s Day, etc., but we do not pay
respect to the flag, as we should. She hoped next year more attention would be paid to Flag Day
and that we are able to show some patriotism to this particular old flag that remains so steady.
Young men and women are serving this country overseas and giving their life for this flag. She
wished all fathers a Happy Father’s Day.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
June 28, 2007
Special Session
5:30 p.m.
The Xenia City Council met in a Special Session on June 28, 2007, at 5:45 p.m., in the City
D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes (arrived at 6:00 p.m.), Jeanne Mills (arrived at
6:30 p.m.), Phyllis A. Pennewitt, and Patricia L. Felton.
CAPITAL IMPROVEMENT PRIORITIZATION
Mr. Johnson said this is the third work session in the strategic and financial management series.
This presentation ties previous work sessions to capital improvement prioritization in the 2008
budget. There is a statutory requirement for Council to provide a list of project priorities to the
City Manager on or before July 1st of each year. This presentation will provide information to
assist Council in that process.
Goals:
•
•
•
Reiterate the improvement planning efforts underway by the City Manager’s Office.
Present a summary of the City’s most pressing capital improvement needs based on previous
discussions with Council and the work of staff.
Assist Council in identifying the top areas to focus on in the 2008 budget. Many things need to
happen and many have to continue to move forward. With the limited amount of funds available,
direction from Council is needed on where to focus the majority of the funds and planning efforts.
As previously discussed, several assumptions were made. Xenia’s economic base will remain
stable; potential state and local economic threats that they continue to monitor; improvement
projects are resourced through the General Capital Funds, Utility Funds, and/or financing; and, in
general, delaying critical infrastructure repair/replacement will increase overall cost.
Limitations:
•
•
•
Regardless of our use of money from multiple sources, there are limits to the amount of
improvement funds available. Some improvements are too expensive, others will take too long to
finish, and others require work to be done before proceeding to the next step.
Not all critical improvement/replacement needs can be met in 2008. Things that need to be
brought forward are things that need to be done or started in 2008, or they need to have enough
funds committed, such as engineering or design work, even though the project may be done later.
Unexpected capital improvement needs may arise.
There are fifteen (15) major improvement programs, which are those the department heads have
been working on for several months, trying to outline in some detail what direction to take, and
what needs to be done in order to achieve a significant outcome in about ten years. The fifteen
programs cover service areas from utility to public safety and have a comprehensive, data driven
planning effort. As the 5-Year Capital Improvement Plan (CIP) takes form, it carves out the first
section and identifies those things on which to focus. The Capital Improvement Plan is updated
annually; changes must be submitted by October 1st for the 2008 CIP. The entire 5-Year Capital
Improvement Plan will be revisited the following year beginning with 2009. If they are doing a
good job, there will be some standardization and consistency to the later years. The cost of each
service is shown over the five-year span. Tonight they are looking for priority direction so a
5-Year Capital Improvement Plan can be developed, the first year of which will become the
Capital Budget for 2008; each project will be cost projected. In the past, some projects were
carried over to the next year. With more effective planning, they hope the projects carried over
are those projected to take two or more years to complete.
Prioritization of Improvement Areas: Mr. Merriman said, based on work done on the
improvement programs, staff identified major areas that need attention. Senior staff believes
these to be the most pressing needs based on: (1) Potential service/utility interruption; (2)
Financial impact if action is delayed; and (3) Potential impact on the community’s quality of life.
There are eight (8) specific project areas, broken down into two categories/funding sources. This
allows some flexibility when looking at Council priorities as it relates to utility funds and less
flexibility with resources in the general capital funds.
Summary of 2008 Capital Budget Priority Options:
UTILITY FUNDS
Water Plant Flood Control
I & I Reduction – Sewer Lines
New Water Tower
Back-Up Water Transmission Main
Other
GENERAL CAPITAL FUNDS
Street Resurfacing
City Hall HVAC
Downtown Streetscape
Shawnee Park – Super Maintenance
Shawnee Park – Makeover
Other
2008 Capital Budget Priority Utility Fund Options
Water Plant Flood Control
• The Water Treatment Plant floor is at the 100-year flood level. The facility is vulnerable to
flooding; a major flood entering the plant would shut it down. The plan includes dike
construction, raised access to the property, and a level of security.
I & I Reduction—Sewer Lines
• The purpose is to reduce ground water and runoff from entering the sanitary sewer system. They
must continue sliplining, smoke testing, and removal of major inflow areas. This will reduce
backups, flooding, and treatment plant load/overload during major rain events.
New Water Tower
• This is needed to facilitate service and repair of the existing tower. The current tower cannot be
taken out of service without affecting the pressure of the system. A secondary tower would allow
maintenance of that pressure while the existing facility is rehabilitated. If the tower is full, there
is a small window of opportunity to make repairs and do maintenance.
• Anticipated local development will increase demand and decrease pressure without additional
pressure capacity.
President Felton asked to which water tower they were referring. Mr. Johnson said they were
referring to the tower located at the Industrial Park. President Felton said that tower was not
connected to anything. Mr. Johnson said that was the problem, because it has a pressure pump to
keep water up to the point it is restrained. They would go into the system, not at the same
location, and put in the same system, so they can pressurize the system without doing
supplemental pumping and allow backup sources so either tank can be taken out of service for
repair and maintenance.
President Felton asked if the tower could be connected to the system so all three towers work.
Mr. Johnson said yes, that is part of the overall system process. That was one suggestion that
resulted from the recent water study done. It will be more regional than system wide, but will
give the City a backup. President Felton asked what “regional” meant. Mr. Johnson said the
tower would not just service that one area of the City. President Felton asked if the new tower
would be connected to the entire water system, as opposed to the Industrial Park tower alone that
is 60’ too high. Mr. Johnson said the tower would help service some areas but it would not be
interconnected. President Felton asked why that was not possible. She understood a water tower
was needed for the south end of Xenia, but the water tower at the Industrial Park could not be
used. If the City is going to spend a lot of money, she felt they needed to go one step further and
connect the Industrial Park tower. Mr. Johnson said Mr. Jones specifically identified this tower
would provide the water volume and pressure to help areas such as Murray Hill.
Back-Up Water Transmission Main (20” Line)
• A parallel 20” transmission line will allow the City to maintain continuous service in the event of
line failure. This addition is also a safety and capacity element in addition to the filter
improvements and the addition of variable speed controls.
President Felton asked where it would be located. Mr. Johnson said it would be parallel to the
existing line. President Felton thought the present line ran down Detroit Street. Mr. Johnson
said he was not sure if the line was located in or beside the street. President Felton noted Detroit
Street was recently rebuilt and a new water line was installed. She asked Mr. Merriman to check
the location and if City staff would be able to do the work.
Councilman Engle said it made sense to have at least a small separation between the lines if the
work was done for the purpose of redundancy. President Felton noted fiber optic lines run
parallel to the bike path, if that was the location considered by staff.
Mr. Merriman said staff is open to adding other options Council desires.
President Felton asked if it was planned under the 5-Year CIP or considered for CY 2008.
Mr. Merriman said they are asking Council to look at priorities for 2008.
Councilman Engle asked if the list shared was in priority order. Mr. Merriman said the list was
presented in no particular order of priority.
President Felton noted some of the utility funded projects cover a five-year plan. Mr. Merriman
agreed. Many of the projects must be done in incremental stages, both for financing and to
progress through the various stages to completion. They do not want to proceed with one project
and have to go back later and redo it.
2008 Capital Budget Priority General Capital Fund Options
Street Resurfacing
• A continuation or major effort to make headway in the condition of the streets including
reconstruction, resurfacing, repair, and street life-extending maintenance.
City Hall HVAC
• A major overhaul of the HVAC system is necessary in order to maintain a quality work
environment for staff and visitors. The project will simultaneously allow them to implement
energy conservation measures.
Downtown Streetscape
• In 2006, Council indicated the need to continue what was started with downtown streetscape.
The North Detroit Street quadrant would be next for 2008. The four streetscape quadrants will be
identified as the first phase of the “Downtown Plan” that is yet to be developed. President Felton
disagreed; South Detroit should be done next. Vice President Miller said South Detroit Street
would be done 2007.
Vice President Miller felt the trees in front of City Hall are too tall and need to be trimmed. He
further noted the building looks much nicer and cleaner without the three tall trees and people
can more easily see City Hall. Mr. Johnson said when they removed the trees, they learned about
introducing non-indigenous trees. Some communities have a Tree Commission to determine the
type of trees to plant and how to maintain them. He was not necessarily advocating that
approach. The Tier 1 consultants have resources to provide additional expertise. Some citizens
feel trees are an important part of the image of downtown; others do not want trees so their
buildings, signs, and advertising can be seen.
Shawnee Park—Super Maintenance
• Critical parts of the City’s signature park are in jeopardy, including the lagoon retaining walls,
sidewalks, and water/lagoon-bottom contamination. This problem will continue to worsen and
have an impact on the entire City as it is a well-utilized park.
Shawnee Park—Makeover
• As a key community feature, Shawnee Park needs a systematic makeover based on a carefully
designed program and facility plan. This element is far more extensive than a short-term effort to
simply preserve the existing facility.
Mr. Johnson said staff needs to know Council’s priorities and the areas Council would like
emphasized. At this time, staff needs Council’s priorities for the 2008 Capital Budget. Council
needs to set a work session before the deadline to discuss long-term planning. Both the 5-year
Capital Improvement Plan and 2008 Capital Budget will reflect the priority of these project
areas. From last year, he learned Council prefers to be involved in making decisions rather than
asked for input after the fact. Absent from the lists provided tonight are such things as dump
trucks, backhoes, snowplows, etc. Each will be assessed on its own merits, and some will be
included in the budget. Additional individual projects will be included in the 2008 budget as
warranted by finances and necessity.
The next steps include:
Council to establish Capital Budget priorities for 2008, which they hope to accomplish tonight.
Incorporate Council’s priorities into the 5-Year Capital Improvement Plan and 2008 Budget and
continue the development of both.
Follow up Council briefing on 5-Year Capital Improvement Program (August)
Submission of 5-Year Capital Improvement Plan (due October 1)
Submission of 2008 Budget (due October 31), which includes the 2008 Expenditure Budget.
Mr. Johnson entertained questions from Council.
President Felton thought the City Hall HVAC was included in the 2007 budget. Mr. Johnson
said $165,000 for total replacement was removed from the 2007 budget.
President Felton asked how much money was available in the Utility Funds. Mr. Bazelak said
the answer depends on where they stand at the end of 2007. They had balances of $500,000 to
$1 million in the water and sewer budget. Projects not yet started or in the process of being
done, will reduce the current balance. They do not yet know the actual balance but assume the
projects will cost as budgeted and revenue will come in as budgeted.
Councilman Engle asked if a projected amount of $500,000 was close to the amount available to
spend on utility projects in the 2008 budget. Mr. Johnson felt they were jumping ahead of where
they are in the process. President Felton thought it was important to know the amount of money
available before deciding on priorities. Mr. Johnson said they cannot tell Council how much
things will cost, which is why they need Council to set priorities in order to do the analysis.
President Felton said the estimate for the water plant flood control was $300,000 to $400,000 to
build the wall (dike). She realized some projects would need to be financed.
Mr. Johnson noted utility rates are reviewed yearly. If there is a capital project, it can be
financed through debt service payments by including that in the capital element of the rate
calculations. Once Council determines its priorities, those will be discussed in the 5-Year CIP
work session. At that time, they will have cost estimates on the projects and will have had
discussion on how they will be financed. Right now, staff needs direction from Council on how
to fit them into their priorities as they do the 5-Year CIP.
President Felton said she understood Mr. Johnson’s comments but she also needs to understand
the bank balance. She understood all the capital improvements cannot be accomplished.
Mr. Bazelak said staff broke down the dollars between utility and general capital improvement
funds. The water and sewer balance can be determined, but as noted by Mr. Johnson, they have
only funded projects through 2007. Once the costs for projects are established, all of them can
be done. They would then decide what the rate needs to be on water and sewer in order to fund
those projects and what type of balance is needed to fund them.
President Felton said a plan was done years ago to redo Shawnee Park that was estimated to cost
$1.5 million to $2 million, which did not include the retaining wall. Council needs to know if
staff has investigated grants, etc.
Mr. Merriman said they need to decide which needs are the most critical and put them in order of
priority. Most projects will require updated studies to determine today’s cost.
Councilman Propes said his priorities from the utility funds are water plant flood control, I & I
reduction, followed by a tie between a new water tower and back-up water transmission main.
His priorities from the general capital funds are downtown streetscape (which has already
begun), City Hall HVAC, and street resurfacing.
Mayor Pennewitt said her number one priority from the utility funds is water plant flood control.
She asked how critical it is to construct a new water tower. Mr. Johnson said it has been a
critical issue for several years; waiting another year would not make a huge difference. If new
businesses move into the Industrial Park, the environment would change quickly. They have the
pumping capacity to get the water out, but do not have the pressure and back-up supply to have
sustained usage in the area. He is not aware of any proposed businesses at the Industrial Park.
Councilman Propes wondered if businesses were not building at the Industrial Park because of
the water problems. Mr. Johnson said he did not believe that was the case. Businesses that
moved are getting huge tax incentives elsewhere. It is more attractive now because DP&L
recently reconfigured all the power sources and installed a powerful backup system, which adds
to the value of the Industrial Park. President Felton said with that in mind, she suggested
planning be done on the water tower improvements. She did not think they were going to build a
new water tower but repair the existing tower. Mr. Johnson said the proposal is to construct a
new water tower in addition to the existing one. He will get back with Council on the exact
location and the section of town it would service.
Mayor Pennewitt asked how critical the back-up water transmission main was. Mr. Johnson said
there is one primary transmission line coming out of the plant. Recent air scouring maintenance
was done, the results of which indicated the line had experienced erosion over time. Currently
the pumps are cycled on and off. Recently pumps were upgraded in order to run more than one
pump at a time, but they have not installed the variable speed controls. If they had to run two
pumps simultaneously, there is a danger that the old transmission line could not sufficiently
handle that kind of pressure. If there were a normal breakdown of the transmission line, the
plant would be useless because they have no alternate way to route the water into the water
system. This would create a redundant system. If there was a major break or collapse in the
water transmission line, the water could be rerouted into the other line, or in cases of very high
use, they could use both lines simultaneously. Mayor Pennewitt said with that information, her
second priority under utility funds would be the back-up water transmission main. Under
general capital funds, her top priority is the Shawnee Park super maintenance (to repair the
retention wall), followed by City Hall HVAC, and street resurfacing.
Vice President Miller said his top priorities are Water Treatment Plant flood control, Shawnee
Park super maintenance (to repair the retention wall), and downtown streetscape. He asked
Mr. Jones to investigate the availability of government mitigation money; he recently read an
article that indicated there was $5 billion in available mitigation money. Sliplining the sewer
lines are also important, as well as the new water tower and back-up water transmission main,
which may be able to be done in conjunction with one another.
Councilman Engle said his top priorities are Water Treatment Plant flood control, City Hall
HVAC, and Shawnee Park super maintenance (retention wall), which will take several years to
accomplish and is a potential liability for the City. Beyond those, I & I reduction – sewer lines
are also important followed by downtown streetscape.
Councilman Esprit said his priorities are Water Treatment Plant flood control, City Hall HVAC,
and Shawnee Park super maintenance.
President Felton said her priorities are street resurfacing, Water Treatment Plant flood control,
and the back-up water transmission main. The back-up water transmission main cannot be done
in 2008, because it will take a long time for planning, engineering, etc. The sliplining could be
done in 2008 without much engineering costs. Mr. Johnson agreed.
Mr. Merriman agreed some of the projects are extensive, multi-year projects. City Hall HVAC
could be done in 2008. They are looking for a balance on what makes sense to accomplish next
year and how they can afford to do other projects long-term.
President Felton asked what the citizen’s priorities were per the survey; she has never seen the
final report. Mr. Merriman said the highest priorities were parks and recreation (citizens wanted
more recreation opportunities for children and senior citizens); street resurfacing; and downtown
rehabilitation. Many of the utility type functions were not included in the survey since the
survey focused mostly on services.
Councilwoman Mills arrived. She said her priorities are Water Treatment Plant flood control,
I & I reduction – sewer lines, followed by a tie between street resurfacing/City Hall
HVAC/Shawnee Park makeover.
Mr. Johnson would like Council to come to a consensus. He suggested Council decide on three
primary priorities and three secondary priorities. At the work session, staff will discuss which
projects are multi-year projects and which ones can be done in 2008. President Felton felt they
had already decided on the top priorities, some just listed them in a different order. She said
there might not be money available to do some of the projects, such as Shawnee Park.
Mr. Bazelak said Council priorities from last year were (1) parks, (2) streets, and (3) downtown.
The general capital funds listed parks (Shawnee Park super maintenance and Shawnee Park
makeover), downtown streetscape, and street resurfacing. It would be helpful if Council would
rank those three in priority order to determine how to spend the dollars available or if the money
should be evenly divided between all three. All the projects listed under Utility Funds could be
done; it just depends on what rates Council wishes to charge for water and sewer next year. If
Council wanted to do all the sewer projects, they would have to decide on a rate, etc.
President Felton said they need to think about the operating budget, how much money will be
left over to transfer to the capital budget, and whether or not Council will authorize that transfer
(they may need to keep more money in reserve in anticipation of possible revenue loss).
Vice President Miller said his priorities from the general capital funds are City Hall HVAC,
Shawnee Park retention wall, and street resurfacing.
Councilman Propes said his priorities from the general capital funds are downtown streetscape
and street resurfacing. He felt Shawnee Park super maintenance could be added to the budget
later on in the 5-Year CIP.
Xenia City Council
Xenia City Council
June 28, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on June 28, 2007, at 7:00 p.m., in the City
Patricia L. Felton.
Allegiance.
approve the June 14, 2007, Regular Session minutes as written. No discussion followed. The
Nays: None
motion carried.
PUBLIC HEARING: 2008 Tax Budget. Mr. Johnson said a public hearing is required prior to
submission of a report to the Greene County Budget Commission. This is a preliminary
document based on the current budget year and expenditures; however, it is adjusted to reflect
projected changes for the 2008 fiscal year, including employee wages and benefits. The purpose
for the report submitted to the Greene County Budget Commission is to have them:
1.
2.
3.
4.
Allocate the State Local Government Fund;
Establish rates for inside millage;
Certify the need for tax levies; and
Get outside bond retirement rates as needed.
The total Tax Budget request, which was prepared in conjunction with the Finance Department,
is $33,277,719. This is a conservative budget primarily based on existing services and
operations. It does not reflect any requests for additional full-time staff. It does reflect known or
projected increases such as:
Collective bargaining unit negotiated wage adjustments.
Health insurance rates.
Workers’ Compensation rates.
Inflation driven costs such as gas and electricity.
This proposal also includes some preliminary capital improvement projects, including utility
capital projects that are within the scope of ongoing improvements since they are able to safely
project transfers from the utility revenue funds to their respective capital funds. The General
Capital Improvement Budget is currently in a negative ending balance, because they cannot
predict the amount of transfer (if any) from the general fund at this point in the fiscal year. With
the exception of the General Capital Improvement fund, all other funds will be submitted with
positive ending balances.
The Tax Budget development process was a very beneficial exercise and highlighted many
important process elements that needed their attention. It is an excellent “dry run” for the
development of the Operating Budget process. It identified a number of process steps that
needed to be more carefully defined and clarified. It provided an opportunity for Division/
Department personnel to explore the detail and purpose of the financial aspect of their
operations. He acknowledged the participation of all the Division and Department personnel
staff, the Assistant City Manager, and the Finance staff for their assistance and educational
opportunities.
Mr. Johnson respectfully requested Council approve the 2008 Tax Budget for submittal to the
Greene County Budget Commission upon conclusion of the public hearing.
President Felton opened the Public Hearing and asked those in favor of the 2008 Tax Budget to
come forward to speak. No one came forward to speak. President Felton asked those against the
2008 Tax Budget to come forward to speak. No one came forward to speak. She then invited
anyone who wished to speak neither for nor against the 2008 Tax Budget to come forward to
speak. No one came forward to speak. President Felton closed the Public Hearing at 7:10 p.m.
and entertained questions or comments from Council. None were presented.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the 2008 Tax Budget
for submittal to the Greene County Budget Commission. No discussion followed. The Roll on
Nays: None
motion carried.
Charlie Huff said when he rides his bike around Xenia, he notices weeds and over filled trash
cans. He uses his own trash bags to empty the trash. He suggested a committee be formed or
volunteers be found to empty the trashcans downtown and pull the weeds. He said he doesn’t
know who is in charge of emptying the trash cans, etc., but he was willing to help in any way he
can. President Felton asked Mr. Huff if he was referring to trash all over the place in general or
just trash cans that are overflowing. Mr. Huff said he was referring to just the trash cans.
President Felton asked the City Manager to contact Mr. Huff about his concerns.
Thomas Scrivens, 725 Lexington Avenue, said he was also concerned about the level of trash in
the City. Weeds growing in the sidewalks may not be addressed in a City ordinance, but they do
affect the beautification of the City. Like most other residents, he abhors garbage and would like
to see it picked up. He also commented on his perceived lack of minority hiring in the City of
Xenia. In most departments, there are no minority employees; he is aware of only four minority
employees. He wondered what the disdain was that the City government has in terms of hiring
minorities. He asked if a minority candidate was interviewed for the Assistant City Manager
position. He also spoke of his perceived selective enforcement on various issues, such as
jaywalking and mowing of vacant lots. He would like Council and City Management to take
some action to clean up the City.
President Felton asked Mr. Johnson to prepare a report on the issues raised by Mr. Scrivens
before the next Council meeting. Mr. Johnson said he would do his best to meet the deadline
considering much research is involved. President Felton felt it should be a priority.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on June 7th and
recommended approval of the Final Development Plan for Summer Brooke PUD, Sections 4
and 5. There was a presentation by Martin Kim, Director of Miami Valley Regional Planning
Commission, who discussed the GIS Online Planning Support System and Land Use Planning.
Mayors & Managers: Mayor Pennewitt said there was no meeting.
June 7 and discussed the following issues:
th

Adoption of amendment to the Area Wide Water Quality Management Plan.
Congestion Management Process Technical Report.
Overview of MVRPC for the benefit of new members.
Overview of Metropolitan Transportation Planning.
Website Orientation.
members, Ed Quinlan, Michelle Fisher, and a Xenia Gazette reporter met and conducted their
annual park tour on June 12th. (BRACA evaluates half of the parks yearly.) BRACA visited
Xenia Station, Bennett, Lexington, Beverly Hills, Sol Arnovitz, and Parnell Parks. They will
review the park results and recommendations at their next meeting, which will be presented to
the City Manager and the Parks and Recreation Department.
ITEMS FROM CITY COUNCIL AND MAYOR: President Felton said tonight a lifeguard at
Mullins Pool saved a five-year old child. The City’s emergency squad responded and
transported him to Children’s Medical Center. She understood he would be all right. She
thanked everyone for a job well done.
OLD BUSINESS:
Vice President Miller requested the Fire Division’s medic units annual mileage and
hours. Chief Leaming was to provide this information. Chief Leaming approached the
podium but received an emergency call and left. The report is available.
Councilman Propes requested a sampling of the video quality taken from a police
cruiser’s in-car digital video system. Chief Person was to provide this information.
Mr. Johnson said a DVD was delivered to Councilman Propes. Councilman Propes said the
video was of high quality.
Vice President Miller requested information regarding the amount of money the
City pays yearly for storage units. Ms. Louderback was to provide this information.
Mr. Bazelak said the monthly costs were shared with Council.
Mayor Pennewitt said she liked having “Old Business” on the agenda.
Emergency Resolution for the FY 2007 Small Cities Community Development Block
Grant (CDBG) Formula Allocation. Mr. Johnson said a public hearing was held at the last
Council meeting. He respectfully requested Council waive the requirement for the reading of
this resolution at two meetings at least one week apart and adopt the emergency resolution
authorizing the City Manager to submit an application for FY 2007 Formula Allocation funds
from the State of Ohio to be submitted on or before July 13, 2007.
Councilman Esprit presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION AND ACCEPT FISCAL YEAR 2007 OHIO SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FORMULA ALLOCATION
FUNDS AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT OF
DEVELOPMENT, AND DECLARING AN EMERGENCY.
Motion by Councilman Esprit, seconded by Councilwoman Mills, that the rules requiring the
Nays: Felton
motion carried.
Motion by Councilman Esprit, seconded by Councilwoman Mills, that Resolution Number 07-G
Nays: Felton
motion carried.
Approval of Final Development Plan for Summer Brooke PUD, Sections 4 and 5
consisting of Record Plan and Construction Drawings. Mr. Johnson respectfully requested
Council approve the Final Development Plan for Summer Brooke PUD, Sections 4 and 5.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to approve the Final Development
Plan for Summer Brooke PUD, Sections 4 and 5. Discussion followed.
Councilman Engle said in late fall 2006 or early 2007, a citizen shared a concern about speeds on
Highlander Drive, which will be extended. He also voiced a concern about speeding in any
neighborhoods, especially when a road that will become a major thoroughfare is extended. How
do these plans address or mitigate that concern.
Ms. Simpson said staff did a traffic study on Highlander Drive. The results indicated most
drivers were going no more than 35 mph. She acknowledged there is a perceived problem with
speeding on Highlander Drive. In Section 4, there is a plan for a roundabout on Highlander
Drive that the original plan did not have. The roundabout will act as a traffic calming device and
should mitigate the perceived high speeds on Highlander Drive.
Councilwoman Mills asked if a roundabout is a four-way stop with an island in the middle.
Ms. Simpson said no. A roundabout is a traffic circle with landscaping in the middle utilized by
many upscale developments. It is similar to the plaza in downtown Troy.
Councilman Propes said he previously voiced his concerns about moving the park from the flood
plain and changing the land to buildable lots. He still has those concerns and cannot support the
approval. He felt the flood plain was better used for a park. Ms. Simpson said staff requested
the parkland be moved from the flood plain so they can have more useable land. Councilman
Propes said he understood staff’s reasoning; however, he did not feel building homes in a flood
plain was wise, and he believes the land could have been better used for the park.
President Felton said she was concerned about people speeding on the Highlander Drive
extension to Stevenson Road, because there will only be one roundabout. Mr. Jones said once
drivers go around the roundabout, they have to think about stopping. The Highlander Drive
extension is only 500 to 600 feet from the roundabout.
Councilwoman Mills asked how drivers would determine who has the right-of-way at the
roundabout where the streets intersect. Ms. Simpson said there is no intersection at the
roundabout.
Councilwoman Mills said the drawing shows two streets. [Others agreed.]
Mr. Jones said it should only be a two-way street.
Ayes: Miller, Engle, Esprit, Mills, Pennewitt, and Felton
Nays: Propes
motion carried.
Authorization to reject bids for Police Property Building and training and storage
facility at the firearms range. Mr. Johnson respectfully requested Council reject all bids
received on May 1, 2007, for the construction of two police buildings due to the high costs,
which considerably exceed the estimates. They plan to redesign and reconfigure a more
economical way of achieving the goal.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to reject all bids received on
May 1, 2007, for the construction of two police buildings. No discussion followed. The Roll on
Nays: None
motion carried.
Authorization to apply for the 2007 Stop Violence Against Women Act (VAWA)
Grant. Mr. Johnson respectfully requested Council allow the Police Division to apply for the
VAWA grant and for the City Manager to accept a grant, if awarded, from the State of Ohio
Office of Criminal Justice Services in an amount estimated to be between $45,000 to $60,000.
Motion by Councilman Esprit, seconded by Councilman Engle, to allow the Police Division to
apply for the VAWA grant and for the City Manager to accept the grant, if awarded, from the
State of Ohio Office of Criminal Justice Services in an amount estimated to be between $45,000
to $60,000. Discussion followed.
President Felton asked if this was a 2007 or 2008 grant. Chief Person said it is a 2007 grant to be
expended in 2008.
Mayor Pennewitt noted the detective’s base salary would have a 25% grant match required to be
paid by the City. She asked why there was no account number listed in the agenda item report
for the detective’s salary. Chief Person said in the 101 General Fund, there is a department for
VAWA; the salary comes out of the 1213 line (VAWA or Police Division).
Nays: None
motion carried.
2007 Fire Division staff vehicle purchase through the Ohio Cooperative Purchasing
Program. Mr. Johnson said previously Council was asked to approve the purchase of two (2)
2007 Ford Expedition EL staff vehicles for the XFD. The motion failed and staff was asked to
suggest alternatives. The cost difference between staff cars and pick up trucks was provided. He
respectfully requested Council approve the purchase of one (1) 2007 Ford Expedition EL staff
vehicle for the Fire Division in the amount of $26,887 from Valley Ford Truck, Inc., utilizing
State of Ohio Cooperative Purchasing Program pricing via contract number RS904407, and
authorize the City Manager to execute two purchase orders for same.
Motion by Councilman Esprit, seconded by Councilman Propes, to approve the purchase of one
(1) 2007 Ford Expedition EL staff vehicle for the Fire Division in the amount of $26,887.00
from Valley Ford Truck, Inc., utilizing State of Ohio Cooperative Purchasing Program pricing,
and authorize the City Manager to execute two purchase orders for same (one for the truck and
one for the options). Discussion followed.
Mayor Pennewitt asked for what purpose the 1991 Chevy Lumina was used and how differently
the Ford Expedition would be used. Mr. Johnson said the Lumina was a staff vehicle rather than
a utility vehicle. It did not have four-wheel drive or the capacity to secure people at the scene or
obtain access to areas that require a four-wheel drive vehicle. The Chevy Lumina was a used
vehicle that did not meet the purposes of the XFD. The City Service Garage staff recommended
the Lumina be removed from service due to maintenance and safety concerns. The pick up truck
will be set aside as a utility truck and not used as a staff vehicle. It will be set aside for use by a
Captain or a (future) Deputy Chief. Mayor Pennewitt asked if the Chevy Lumina would be sold.
Mr. Johnson said they intend to dispose of the Lumina at auction.
Councilwoman Mills summarized the 2007 Ford Expedition EL is a four-wheel drive vehicle,
which was offered at a very good price. It could be used for patient removal under certain
circumstances when a fire truck/squad cannot get into the plat. Mr. Johnson agreed under certain
circumstances, that would be an appropriate use. Councilwoman Mills noted the vehicle could
also be used to secure a family during fire rescue. Mr. Johnson agreed it could be used to shelter
people from the elements during an emergency.
President Felton asked why a running board was needed. Mr. Johnson said he did not know, but
he would check into it.
Nays: None
motion carried.
Authorization to enter into a contract for the completion of the 2007 Wastewater
Treatment Facility Master Plan. Mr. Johnson respectfully requested Council authorize the
City Manager to enter into an agreement with Malcolm Pirnie, Inc., of Columbus, Ohio, in the
amount of $199,500 for the completion of the 2007 Wastewater Treatment Facility Master Plans
for the Ford Road and Glady Run Wastewater Treatment Plants. He noted Jim Jones, Director of
Public Services/City Engineer was available for questions.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to authorize the City Manager
to enter into an agreement with Malcolm Pirnie, Inc., of Columbus, Ohio, in the amount of
$199,500 for the completion of the 2007 Wastewater Treatment Facility Master Plans.
Mayor Pennewitt noted the bid from Malcolm Pirnie was $20,000 more than Hazen and
Sawyer’s bid. Mr. Jones said both firms were interviewed; he noted they were the only two
firms who submitted bids. He agreed Malcolm Pirnie’s proposal was $20,000 higher than Hazen
and Sawyer, but they have some proprietary software they are interested in. He explained it is
costing software that goes through the components that they recommend upgrading to get
various options of utility rates they would need to cover those costs; it would be a big help. The
other firm was asked for the same thing, but they did not offer anything like that.
President Felton said in 1999, $6.5 million was spent on the sewer plants. Mr. Jones said that
was what he was told; however he did not work for the City at that time. President Felton said
another $500,000 was spent to fix the roofs, etc. Why is it critical to now spend another
$200,000 on this study?
Mr. Jones said in 2013, the EPA will enact more stringent effluent requirements on the removal
of phosphates and nitrogen. They are trying to get a head start and decide what needs to be done
to upgrade the plants and rework the processes to meet the deadline. President Felton asked why
that was not projected on the 5-Year Capital Improvement Plan at tonight’s previous work
session. Mr. Jones said this was not shown as a priority as compared to the other critical needs,
which are health, safety, and welfare issues. The plants are operating well as evidenced by the
fact they have had no violations in years. The EPA is going to ask them to take phosphorus
levels down to a minuscule amount, which may be impossible to do without improving the
equipment. Unlike other critical projects, this was not considered something that would be
dangerous. If the new EPA requirements are not met, the City could be fined, which is not what
staff would like to see happen, but the health, safety, and welfare of our citizens would not be in
jeopardy. There are issues with the EPA in singling out treatment plants instead of taking care of
the real sources of the phosphorus, which are farms, subdivisions, etc. President Felton asked if
this was coming out of the sewer money. Mr. Jones said yes.
Councilman Engle said this is a project for this year to expand and investigate what is a potential,
alternate future. Given the finite information requested by Council, he could understand why it
was not included as a 2008 priority. Mr. Jones said it is beyond their technical expertise. Staff
has done everything they can do in-house, including ultraviolet disinfection.
Mr. Johnson said they knew this money was in the 2007 budget. Until they know the outcome of
the study, they did not know what specifically to bring forward for the 2008 budget. It will
definitely be part of the 5-Year Capital Improvement Plan.
President Felton asked how much of the $6.5 million was still owed. Mr. Bazelak said since the
debt would not be paid off until 2020, a substantial amount is still owed.
Nays: None
motion carried.
Award of Bid for City Council Chambers Audiovisual System. Mr. Bazelak
respectfully requested Council award the bid for Audiovisual Equipment to ROSCOR
Corporation for $39,134 and authorize the City Manager to execute a purchase order. He noted
Mr. Cardenas was available for questions and to discuss what the project entails.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to award the bid for
Audiovisual Equipment to ROSCOR Corporation for $39,134 and authorize the City Manager to
execute a purchase order. Discussion followed.
With this new system, Councilman Propes asked if presentations could be directly displayed to
the home audience and Council would be able to use the LCD monitor to see what the audience
sees. Mr. Cardenas said that was correct.
Mayor Pennewitt thought it was a wonderful upgrade and much needed. As shared previously,
she is concerned about safety issues with the arrangement of Council Chambers. The door near
where she sits is locked and would prevent her from exiting the Council Chambers during an
emergency. She has spoken with the City Manager about her concerns. She supports the
audiovisual equipment purchase; however, she felt they should address the room arrangement
first before installing the new equipment.
President Felton asked who uses the office behind the locked door. Mr. Saunders said Victim
Witness staff uses the office. President Felton asked that arrangements be made to open the
door. Mr. Saunders said they have severe space limitations. Victim Witness is required to keep
a number of inactive files that are stored in his office and on the landing. Currently, there are
three staff members in the office behind Council Chambers. [There is a desk behind the door.]
He did not know if there was a solution. President Felton suggested a pass through be installed.
Mr. Johnson said he would investigate design options.
Vice President Miller asked if the new camera would still project images to the screen they
currently use. Mr. Cardenas said that was correct. Vice President Miller questioned the size of
the LCD monitor. Mr. Cardenas said the monitor would be 46”, which he thought was an
appropriate size.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve payment of bills
Nays: None
motion carried.
Emergency Passage of an Ordinance authorizing the purchase of property located
at 474 E. Main St., Xenia, at Sheriff’s Sale on July 12, 2007, in an amount not to exceed
$16,000. Mr. Saunders said the City foreclosed on property located at 474 E. Main Street. The
property was appraised at $30,000 and auctioned April 19, 2007, but failed to sell. The next
auction is Thursday, July 12, 2007 at 1:00 p.m. The property was reappraised at $24,000, with
the starting bid at $16,000. The Loan Trust Committee recommends the City purchase the
property at the Sheriff’s Sale on July 12, 2007, at a price not to exceed $16,000, to prevent
further loss to the City. If the City bids on the property and wins (if there are no other bidders),
the City can sell the property by auction, sealed bids or by private sale. No appropriation is
necessary since the City foreclosed on the property, according to James P. Hickey, Counsel for
the foreclosure.
Mayor Pennewitt presented an ORDINANCE AUTHORIZING THE PURCHASE OF REAL
ESTATE LOCATED AT 474 E. MAIN ST., XENIA, OHIO, AT SHERIFF’S SALE ON
JULY 12, 2007, IN AN AMOUNT NOT TO EXCEED $16,000, AND DECLARING IT AN
EMERGENCY.
Motion by Mayor Pennewitt, seconded by Vice President Miller, that the rules requiring the
placed at once upon its passage. Discussion followed. President Felton explained the City
would not bid unless no one else does. Mr. Bazelak said that was correct. The Roll on this was
the following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, that Ordinance Number 07-33
Nays: None
motion carried.
Second Readings of Ordinances and Resolutions: Mr. Saunders presented an
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITHOUT FORMAL COMPETITIVE BIDDING WITH DIGITAL ALLY, FOR THE
PURPOSE OF PURCHASING ELEVEN (11) IN-CAR DIGITAL VIDEO SYSTEMS AND
THREE (3) MEMORY CARDS, and it was read for a second time.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Mayor Pennewitt gave the
following Mayor’s report:
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June 5 – Met with Ken Taylor, Athletes in Action; attended a Rail and Arts Fest meeting.
June 6 – Xenia online movie project shoot; attended meeting at XEGC.
June 7 – Attended meeting at MVRPC; chaired the Planning and Zoning Commission meeting.
June 9 – Stallworth Proclamation.
June 11 – Under One Roof Committee meeting.
June 12 – Met with Gary Lustgarten
June 13 – Met with Xenia Gazette publisher, Jon Noll.
June 15 – Interview with Anthony Bailey, Ohio News.
June 17 – Presented a Certificate of Appreciation to Michelle Faulkner.
Mayor Pennewitt wished her granddaughter, Samantha Wilson, a happy 18th birthday. She is a
recent graduate of Xenia High School.
Councilwoman Mills said a Motown classic rock band, Blind Justice, a group comprised of
attorneys, will play at Shawnee Park this weekend. She encouraged everyone to attend. She
wished everyone a happy and safe July 4th. Some communities are having firework displays this
weekend.
Councilman Propes asked everyone to be safe during the July 4th festivities, which is also his
wife’s birthday.
Councilman Esprit wished everyone a happy and safe July 4th celebration. He also attended the
Blue Jacket opening ceremonies last week.
Councilman Engle wished everyone a happy and safe July 4th. He encouraged residents to attend
WPAFB’s 60th Anniversary Celebration on Friday beginning at 4:30 p.m. with bands, a variety
of entertainment, and a fireworks display.
Vice President Miller wished everyone a happy July 4th and asked them to remember the reason
they celebrate this holiday. He attended the Blue Jacket Family and Friends gathering because
his son is playing Blue Jacket’s son, Joseph (at the age of 7). He is in the first act, first scene.
He was surprised to find out many Xenia citizens have never attended Blue Jacket and
encouraged them to attend this year. Blue Jacket runs nightly and is especially crowded on the
weekends; Tuesday and Wednesday evenings are less crowded.
President Felton asked a young man in the audience who is hoping to become an Eagle Scout to
come to the podium. Jordan Dotson, Troop 165, said he is working toward his Eagle Scout and
has three more badges to obtain. His father came to the podium and thanked Council for
allowing his son and nephew to attend the meeting tonight. It was very enlightening and
rewarding, and he hoped his son learned something this evening. His son needs the
citizenship/community, communications, and emergency preparedness badges and hopes to work
with Habitat for Humanity this summer for his Eagle Scout project.
Council wished President Felton a “Happy Birthday.”
Mr. Johnson asked President Felton if she had set a time for a work session. President Felton
said no. She gave all Council members a list of things they need to work on. After a brief
discussion, a work session was scheduled for Saturday, July 21st at 9:00 a.m.
Nays: None
motion carried.
Xenia City Council
Xenia City Council
July 12, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on July 12, 2007, at 7:00 p.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller, Dr. Lee
Michael D. Engle was absent.
INVOCATION: JoAnn Tarver, Greater Grace Church, Springfield, gave the invocation after
which all joined in the Pledge of Allegiance.
approve the June 28, 2007, Special Session minutes as written. No discussion followed. The
Ayes:
Abstain:
Nays:
Miller, Esprit, Propes, Pennewitt, and Felton
Mills
None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the June 28, 2007,
following:
Ayes: Miller, Esprit, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Traffic Commission: Councilman Propes said the Traffic Commission met on July 2nd
and continued discussion on options to make bike path crossings on Main Street, Second Street,
and Cincinnati Avenue safer and more visible to motorists. City staff cleared brush by the
Cincinnati Avenue bike path crossing and are investigating better signage for all bike path
crossings. Temporary “no parking signs” have been posted on the left side of Purcell Drive. A
request for no parking on one side of 480 Chestnut Street was tabled in order to obtain more
information.
Vice President Miller said the bike path by McDonald’s rear exit on West Second Street, it is
common for drivers to turn into the bike path rather than McDonald’s parking lot, which he
witnessed just today. Councilman Propes said XTC discussed bike path sign locations because
some are too far off the road and not visible to motorists. Staff is also investigating erecting
larger and brighter signs.
Vice President Miller said someone asked if the City has an ordinance for “quiet zones” that
prohibits loud music, etc., near hospitals. Mr. Lewis said there is a citywide noise ordinance, but
he was not aware of an ordinance identifying “quiet zones” near hospitals.
Councilman Esprit said he was concerned about the bike path crossing [on Main Street] between
McDonald’s and Bob Evans Restaurants. Councilman Propes said the Traffic Commission
discussed the island signage in the bike path crossing at Main Street. The signs are low to the
ground and difficult for motorists to see. Staff is discussing raising the signs, and repainting both
east and westbound signs to make them more visible.
no meeting due to lack of agenda items.
Board of Zoning Appeals: Vice President Miller said BZA met on June 25th. The first
two variances were for yard and lot setback requirements at 664 and 672 Vine Street. The homes
are built square on crooked lots; it is like trying to put a rectangle inside a trapezoid, which
cannot be done without two points getting close to the sides. There are setback problems. The
duplex at 672 Vine Street is occupied, although he did not know how an occupancy permit was
approved. Since the variance was for less than the total size of a computer (just inches), it was
granted. The single-family home at 664 Vine Street was not occupied and construction was
halted. BZA decided to table discussion on the property until the Board could do further
investigation and seek legal advice. Another variance request was in regard to keeping an
existing garage without a primary residence, which was destroyed by arson. The request was
approved with a 6-month stipulation that they either build a primary structure or remove the
accessory structure. They also heard a conditional use request from the Women’s Recovery
Center for properties on Martin Drive, which was also approved. This is adjacent to their
existing facilities.
Motion by Vice President Miller, seconded by Councilman Esprit, to excuse Michael Engle from
tonight’s City Council meeting. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Councilman Esprit said he visited Sue’s Kitchen at 1855 Bellbrook Avenue, a regional kitchen,
and he was very impressed with what they are doing. Council has discussed what should be
done to alleviate the homeless problem. He also visited the Fish Pantry on Ledbetter Road, and
viewed a video where five clients shared their experiences with being homeless. Homelessness
is becoming a monumental problem. He was moved by what he heard and requested that
President Felton allow Council members to view the video. One picture is worth a thousand
words. He thought Susan Stiles (GMHA) or Cheryl Carter (Interfaith Hospitality) might have a
copy. Many organizations were represented, and they talked about teamwork and partnership.
OLD BUSINESS:
Response/follow up to 06/28/07 Audience Comments. President Felton noted Council
received a memo from Mr. Johnson addressing the above agenda item. Issues relating to the
budget will be discussed at the special session on July 21st.
Introduction of a Resolution authorizing the City Manager to apply for and accept
funding if awarded for the 2007/2008 DARE program from the Ohio Attorney General’s
Office. Mr. Johnson respectfully requested Council introduce a resolution authorizing
application and acceptance of partial funding of the DARE program from the Ohio Attorney
General’s Office. President Felton asked if Council had any questions for Police Chief Randy
Person. None were presented.
Councilman Esprit introduced a RESOLUTION AUTHORIZING APPLICATION AND
AWARD OF PARTIAL FUNDING FROM THE STATE OF OHIO FOR ADMINISTRATION
OF A GRANT FOR THE D.A.R.E. PROGRAM, and it was read for the first time.
Award of bid for ADA Ramp Replacement – CDBG Project. Mr. Johnson said one
bidder did not receive the addendum, which was to be submitted with the bid proposal. The
bidder has subsequently submitted the signed addendum related to the prevailing wage and hour
reports. He respectfully requested Council waive the formality of requiring the signed addendum
at the time of the bid opening and authorize the City Manager to enter into a contract for the
ADA Ramp Replacement with Durst Brothers Excavating in the amount of $63,745 and issue a
purchase order.
President Felton clarified the motion would include the signed contract and addendum.
Mr. Johnson said yes; they have the signed, completed addendum. President Felton asked how
the motion should be stated since Mr. Johnson did not have the signed addendum at the time the
bids were opened. Mr. Johnson stated the waiver is simply to waive the need for the vendor to
have submitted the addendum at the time of the bid. The vendor’s package is now complete and
the project will be supervised as required in the contract.
Motion by Councilman Esprit, seconded by Vice President Miller, to waive the formality of
requiring the signed addendum at time of the bid opening and authorize the City Manager to
enter into a contract for the ADA Ramp Replacement with Durst Brothers Excavating in the
amount of $63,745.00 and issue a purchase order. Discussion followed.
Mayor Pennewitt said she was concerned about the legality of the motion, because it is federal
money and the bid package was not complete by the deadline. Mr. Lewis thought the motion
was fine. The signed addendum is now part of the packet and has been accepted. It probably
should have been included with the original packet, but he felt the motion was fine.
Vice President Miller asked if it was staff’s fault the vendor did not receive the addendum.
Mr. Lewis said he did not know since he does not prepare the bid packages.
Ms. Crockett said she has been working with the Engineering Department to tighten up the
bidding process. The State requires the federal prevailing wage rates be provided to all the
participating bidders within ten (10) days of the bid opening. Staff must prepare the bid
packages six (6) weeks in advance to accommodate routing the bid specs through the Appointed
Officials for approval, advertising, etc. The bid was publicized and the prevailing wages were
sent out again within ten (10) days of the bid opening. She spoke with the State who felt this
would not be a problem because staff followed the ten-day requirement. The prevailing wages
that were initially published with the bid specifications did not change. If the prevailing wage
rates had changed, there might have been a problem.
President Felton asked if the prevailing wage rate paperwork was included in the bid packets.
Ms. Crockett said yes. As a formality, the State requires the City to send a more recent
prevailing wage rate schedule just in case something changed.
Vice President Miller asked if the new handicap ramps would include the red plastic forms used
on current ramps, or if they would be red concrete. Mr. Jones said the ramps will be solid brick
with truncated domes as required by ADA. Vice President Miller noted the handicap ramps at
West Second and Galloway are pre-made solid plastic forms. Mr. Jones said those would not be
used; however, if that had been submitted as an alternative and they met ADA requirements, they
would have considered them. There are various forms of handicap ramps; some are made of
plastic, some ceramic, and some are glue downs. The ceramic will not work but plastic ramps
[like on Galloway Street] are acceptable, as are brick ramps. However, the handicap ramps he
saw on Galloway Street were made of brick. Vice President Miller said the ramps done this year
at Galloway Street and West Second Street are made of plastic. Mr. Jones said the brick is not
necessarily the most desirable option but it is more resilient to freezing and thawing. Vice
President Miller said his brother, who lives in Florida, said they no longer use plastic insets on
ramps there; they use a diamond grid plate that leaves an impression after removed. He prefers
the plastic ramps because they seem faster to install.
Mayor Pennewitt said she was supportive of the project but questioned the legality of the motion;
it is federal money.
President Felton clarified the prevailing wage rate paperwork was included in the bid packets;
however, the State required staff to send out an addendum just in case the prevailing wage rates
changed, which they did not. Because the prevailing wage did not change, the bids [prices] were
not affected. If the prevailing wage had changed, there might have been a problem.
Mayor Pennewitt asked how City Council would vote if there had been a change in the
prevailing wage and Durst Brothers Excavating had not submitted the addendum. Mr. Lewis
said then the bid would not have been accepted. Vice President Miller felt the City would have
accepted the lowest, legal bid. Mayor Pennewitt asked why they are not doing that now. Why
does the City want to accept Durst Brothers’ bid even though there was an error, rather than
accept the next lowest bid.
Mr. Lewis said there is “no harm/no foul” because the numbers did not change. If the numbers
had changed then there would have been a potential “harm or foul” to the bidder that did not
receive the addendum. Because the prevailing federal wage rates did not change, there is “no
harm/no foul.” All vendors had the same information showing that nothing had changed. Their
ability to bid and knowledge of materials needed to place the bid was not compromised; no one
had an advantage. That is why there is “no harm/no foul” in accepting the lowest bidder in this
case because no other bidders would have been affected in a negative or positive way. If the
numbers changed, it would have been a different situation.
Mayor Pennewitt asked if other bidders could object and request to be reconsidered, since all
their paperwork was processed correctly by the deadline. Mr. Lewis said no; it will not be a
problem in this case. If the lowest bidder had not received the addendum and the prevailing
wage had changed, they would have been at a disadvantage and the person harmed; however,
that was not the situation.
Ayes:
Abstain:
Nays:
Miller, Esprit, Propes, Mills, and Felton
Pennewitt
None
motion carried.
Award of bid for Municipal Building Roofing Replacement Project. Mr. Johnson
noted Council received an updated agenda item report on this subject. The first one had an error
that identified the subsidiary company for the award of the bid rather than the parent company
that actually submitted the bid. He respectfully requested Council entertain two motions:
Motion 1: To authorize the City Manager to execute a contract with Bruns General Contracting for the
purpose of installing a new roofing system on the City of Xenia Municipal Building in the amount of
$46,322.
Motion 2: To authorize the City Manager to spend up to an additional $2.25 per square foot, not to
exceed $13,000, if necessary, for any needed roof insulation replacement, if required.
Mr. Johnson noted Jim Jones, Public Service Director, was available for questions.
to execute a contract with Bruns General Contracting for the purpose of installing a new roofing
system on the City of Xenia Municipal Building in the amount of $46,322.00. Discussion
followed.
Vice President Miller asked what type of guarantee was provided. Mr. Jones thought there was a
fifty (50) year warranty on the roof. This is an entirely different roofing system – it has no
ballast. Staff is tackling other water issues because the downspouts are not working; water was
sitting on the roof or pooling in the basement. The Roll on this was the following:
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to authorize the City Manager to
spend up to an additional $2.25 per square foot, not to exceed $13,000.00, if necessary, for any
needed roof insulation replacement, if required. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Esprit, Mayor
Pennewitt, Councilman Propes, and President Felton had nothing to share.
Vice President Miller thanked everyone for a wonderful July 4th. He spent time with his family
and friends, relaxed, and had fun taking his children to the zoo.
Councilwoman Mills reminded citizens about “Music in the Park” every Sunday and “Movies in
the Park”.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
July 21, 2007
Special Session
9:00 a.m.
The Xenia City Council met in a Regular Session on July 21, 2007, at 9:10 a.m., in the City
Council Chambers, City Hall, with the following members present: Michael D. Engle, Jeanne
Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
William R. Miller, Dr. Lee G. Esprit, Jr., and Dennis R. Propes were absent.
Overview of Funding Options
Mr. Bazelak used a PowerPoint presentation to discuss this agenda item. Capital Budget
priorities for 2008 were discussed at the last Council work session. He noted they would like to
schedule a work session next month to discuss the Five-Year Capital Improvement Program.
Today, they will discuss funding options for some of the major capital improvement programs
and general operating expenses, and Tax Increment Financing (TIF). President Felton wanted
all Council members to understand TIF, because there may be an upcoming project where the
developer may ask them to create a TIF.
Ballot Issues:

General operating property tax levy, which is currently 3.5 mills.
Permanent Improvement Property Tax Levy, seen mostly with the schools (Greene County
Career Center did a presentation in the past). Cities very rarely use the Permanent Improvement
Property Tax Levy.
Special Property Tax Levy (i.e. police, fire, streets, parks).
Special Property Tax Levy (funds street bond issues, etc.). Previously they discussed funding a
$30 million street improvement program up front with the debt service paid through this type of a
tax levy.
Income Tax Increase or Credit Reduction. In the late 80’s and early 90’s, they reduced the credit
for tax paid to other communities, which caused an uproar. Instead of increasing the tax rate,
they reduced the credit. Citizens had an issue with that, and it was placed on the ballot and
overturned. The result was another ballot issue, which was an increase in the tax rate from 1.5%
to 1.75% and the credit frozen at 1.5%. At the time, it was viewed to be more equitable because
citizens working in other cities were not bearing the full brunt, and it was more of an equal split
since the rate was increased and the credit frozen.
Non-Ballot Issues:

Special Assessment for street lighting.
Special Assessment for sewer construction (i.e. Van Eaton Road lift station). This was included
in the 2007 budget, but will most likely not happen this year.
Special Assessment for sidewalks.
Special Assessment for sidewalks (Bond Issue).
Water, Sewer, Stormwater, Sanitation Rate increases would fund their respective capital
improvements.
Water, Sewer, Stormwater, Sanitation Rate increases would fund their respective debt service for
bond issue for capital improvements.
Economic Development Financing Tools:

Enterprise Zone Tax Abatement (Council reviews the individual Tax Abatements in March
yearly).
Tax Increment Financing (TIF)
Special Improvement District. Potentially, the City could create a district downtown for private
property owners, who would agree to a self-assessment, they would develop plans, and they
would have a private Board of Trustees. The City would look at the plans and make the
improvements through the self-assessment process.
General Operating Property Tax Levy. This type of levy funds general operating expenses of
the City. The voted levy is limited to five (5) years and then would need to be replaced or
renewed. Currently, the City has a 3.5 mill general operating levy that generates approximately
$450,000 yearly. The current 3.5 mill levy was renewed in 2004, and it will need to be renewed
or replaced in 2009. Mr. Bazelak did some research and the first time this levy could be renewed
or replaced would be during the general election in 2008. The value of placing a replacement
levy on the ballot one year earlier would be the City would receive the additional dollars earlier.
A 3.5 mill replacement levy would generate approximately $1.3 million compared to the
$450,000 under a renewal. This represents an increase of $850,000 in property tax collections.
Collections begin in the year immediately following voter approval. If the replacement levy was
placed on the ballot in 2008, collection would begin in 2009. There is quite a difference between
a renewal levy and a replacement levy. In the 1970’s legislation was initiated for a roll-back; for
the voted portion of the property tax, the City is not receiving much more money than was
received in the 1970’s because it is set to generate a specific amount of dollars with the voted
levy.
President Felton said if the levy is placed on the November ballot, it takes effect in January, but
properties taxes are paid one year in arrears; therefore, the City would not receive any money
until the following year. Mr. Bazelak said they would levy it as of that year for 2008 and be
effective in 2009. President Felton said she was not questioning when it would be applied; she
does not pay 2008 taxes until 2009. Mr. Bazelak agreed the City would begin getting the dollars
in 2009. The only increase the City would receive is if property were annexed, which would add
to the value on the outside millage.
Permanent Improvement Property Tax Levy. This tax levy funds general capital
improvement of the City. The voted levy is limited to five (5) years and then would need to be
renewed or replaced. Collection would begin in the year immediately following voter approval.
Special Property Tax Levy (i.e. police, fire, streets, parks). This tax levy funds applicable
expenses for police, fire, streets, or parks. The levy can be for a specified period of time or on a
continuing basis. He has discussed this with the Law Director and the County Auditor, and he
does not believe they are limited to a five (5) year renewal, which is fairly explicit in the law. If
they wanted it placed on the ballot, they could ask that it be done for a continued period or a
specific period (such as a 20-year levy for police, parks, etc.). A legal opinion may be needed,
but he felt that could be done if Council so desired. Collections would be in the year
immediately following voter approval.
Special Property Tax Levy (funds Street Bond Issues, etc). This tax levy funds service for
applicable bond issues for police, fire, streets, or parks. Collections would be in the year
immediately following voter approval. Collections would be for the life of debt service. The
bond issue allows for major project funding. They have discussed a new Fire Station, Police
buildings, new Court building, and major park improvements.
Income Tax Increase or Credit Reduction. Collections for an income tax increase would take
place in the year following voter approval. The timing on receipt of additional income tax
collections would depend on whether there was an income tax rate increase or a credit reduction.
As an example, if the collection began in January 2009, the monthly withholding would begin in
February 2009. When looking at a credit reduction, the revenue may come the following year
when people file their income tax return. The current income tax rate of 1.75% has been in place
since 1992. The City has not received additional funding from the voters since 1992, which is
when the income tax increased. They attempted to replace the 3.5 mill levy in May 1994 (rather
than ask for a renewal), and it was soundly defeated by a 2:1 vote. In November 1994, the voters
approved a levy renewal. Citizens were asked to approve an increase in the income tax in 2003,
but that was also soundly defeated. Since 1992, the City has had no additional revenue from
voted ballot issues, which could have helped fund general operations and general capital
improvement programs.
Special Assessments

Streetlights – current cost is approximately $250,000. An assessment is limited to thirty (30)
years, although Mr. Bazelak will ask for a legal opinion on the time limit.
Sewer (i.e. Van Eaton Road lift station) limited to a debt service period estimated at twenty (20)
years.
Sidewalks – limited to ten (10) years and could be done with a bond issue.
Assessment process would take place in year preceding collection.
What is Tax Increment Financing (TIF)? A TIF is an economic development mechanism that
enables local governments to finance public infrastructure improvements, and in certain
circumstances, residential rehabilitation. It captures the increased assessed value of any real
property improvements to finance public infrastructure improvements. The City normally
receives about 8% of the total property tax collected. A TIF would allow the City to collect
100% of the property taxes collected on the real property improvements to pay debt service for
the public improvements.
President Felton thought that was not the case at the old Kroger building; the sentence above
implies the City is getting all the tax money collected. Mr. Bazelak said he would discuss that
later once Council understands how a TIF works; there are some caveats that apply to individual
projects.
Mr. Bazelak said the current valuation of the real property would continue to be distributed the
normal way (i.e. the City receives 8%). There are two types of TIF: General Purpose, which is
what they have at Xenia Towne Square; and an Incentive District, which allows consideration of
residential projects located in blighted areas of an impacted city. That would be the type of TIF
referenced by President Felton. If a TIF is to be created, that would be longer than ten (10) years
or would cover more than 75% of the improvement, the School Board and, in the case of the
Incentive District, the County must approve. Generally, a payment in lieu of taxes is arranged
with the School Board in order to get their approval. In an Incentive District created after
January 1, 2006, payments must be made to the taxing authorities that have certain tax levies
passed after January 1, 2006. For example, if Children’s Services passed a new levy after 2006,
the City would not get 100%; the new levies would go directly to those organizations.
President Felton asked for further clarification on the Children’s Services example. Mr. Bazelak
said if an Incentive District is created after January 1, 2006, and (for example) Children’s
Services passed a new levy, Children’s Services would get the money because it would be
outside the TIF. If Children’s Services passed a new levy, the City would get no money; there
would be no incentive for Children’s Services to pass a levy if the City got their money.
Mr. Bazelak said the City currently has a TIF at Xenia Towne Square, which is used primarily to
fund XEGC. The City has made other downtown improvements with the dollars in excess of
what XEGC is paid in that particular fund. President Felton thought there was no money was
left; she thought money had to be taken from the Water and Sewer budget to fund XEGC.
Mr. Bazelak said over the last few years, the money increased to about $190,000 to $200,000.
Some of the improvements cost $20,000 to $40,000 and some were paid from funding source
234 and 233. The assessed valuations were close to what was paid to fund XEGC. Some limited
dollars were paid to make improvements downtown. Funds from lease payments (funding
source 233) began to rise over the years based on the graduated schedules. Funds were used to
fund downtown improvements and to pay seasonal staff.
President Felton asked if the former Singers property owners still pay $100 monthly.
Mr. Bazelak said as of next year, everyone will have gone to the graduated higher rate. President
Felton stated the City would lose that money over the next few years. Mr. Bazelak said the City
would not lose the lease money. The money in the 234 fund, which funds the predominate share
of XEGC, from 2009-2015, the distribution will start to go back to where the City receives 8%
rather than 100%.
Conclusion: Mr. Bazelak said decisions need to be made in the future as they go through the
Five-Year Capital Improvement Plan and look at the operational needs to determine the best
approach to take care of the major issues. Chief Person will discuss other ways the City could
collaboratively fund projects. They have also discussed impact fees in regard to parks and
changing the fee-in-lieu of parkland dedication formula.
Councilman Engle asked if parametric studies were done to compare changing the tax rate for
various increments against the renewal vs. replacement levy. Mr. Bazelak said they discussed
that when replacing the levy, which would be an increase of $850,000. If a new 3.5 mill capital
improvement levy were done, it would equate to approximately $1.3 million. If the income tax
was increased to 2% and the credit frozen at 1.5%, it is fairly close to that same level of funding.
If the income tax rate was increased to 2% or a new 3.5 mill levy was passed, it would cost the
property owner approximately $100 yearly on a $100,000 home, which would be part of the
education process to the public.
President Felton asked Mr. Bazelak to provide handouts of the PowerPoint presentation to
Council, which he agreed to do.
Public Safety CAD Records Management System (RMS) Replacement
Chief Person said he would like to discuss three topics this morning. The first topic is an
opportunity to replace the CAD Records Management System, and the second and third topics
are updates to the Countywide Dispatch Center project, followed by a quick update on the 9-1-1
system. He used a PowerPoint presentation to discuss the first agenda item.
Two years ago, Xenia was approached by Greene County Sheriff, Gene Fischer, about adding a
Jail Package to our software. One shortcoming for the Greene County Sheriff’s Office (GCSO)
was that they do not have an automated Jail Management package. They have an old Data
General system that was written in the early 1980’s, but no one knows how to use it or to
generate reports. They can input data but cannot print data reports because it was a very
proprietary type of software system. Enroute, our current provider, does not offer a Jail Package
as part of their software. Over the last four to five years, Enroute changed their focus from
primarily police to paid ambulance services. Because of that, the GCSO arranged for a demo of
the Spillman Public Safety software, which was attended by several agencies. Spillman gave
GCSO a budgetary figure of about $3.6 million to do a countywide system with each location
licensed separately ($1.2 million for GCSO because of the Jail Management Package, and
$800,000 each for Xenia, Fairborn, and Beavercreek). They shelved that project due to the high
cost for each entity. Six months ago, GCSO initiated talks with Spillman again, but this time
they discussed a single countywide license that would cover all Public Safety Agencies jointly
through a Memorandum of Understanding. The budgetary estimate, based on this countywide
system concept, was $1.7 million. They also attended demonstrations of the New World Public
Safety Software and Cisco Public Safety Software. The Cisco software was determined not to be
robust enough to meet their needs on a countywide basis. They could purchase the software
from Cisco cheaply, but the analogy would be like using “notepad” to run an office as opposed to
using Microsoft Word. New World’s budgetary estimate was about $1.4 million for a
countywide license.
For the past four months, the Police Chief’s of Xenia, Beavercreek, Fairborn, and the Greene
County Sheriff have been meeting to work out details of running a multi-jurisdictional CAD &
RMS system. The Fire Departments have been involved in demos to insure the software will
meet their needs and decided it would be nice to use the same software countywide. The
Fairborn Fire Department uses more Firehouse software capabilities than anyone in the County
and are considered the software experts, and they liked what they saw. New World is the
preferred vendor but they must seek other bids for this size project. More demonstrations will be
done. One objection the Fire Department has is the new EMS reporting requirements imposed
by the State. Both Spillman and New World said if it were a state required form, they would
provide it.
The GCSO requested permission from the Greene County Commission President to allow them
(the GCSO and Police Chiefs of Xenia, Beavercreek, and Fairborn) to collaborate on writing and
issuing an RFP for a multi-jurisdictional system, which he approved.
Why Consider Replacing the Current System? The current system purchased in 1990, is a
Text Based Legacy System, runs on a Unix Operating System, with a Unidata database, which is
an old pic style database. The original contract with EAI was purchased by Bell-Atlantic, who
was then purchased by OCS. OCS filed bankruptcy, and GEAC bought its assets. Fortunately,
at the time the RFP was written, former Finance Director Jim Freeman required him to put a
bond on it; they called in the bond and paid GEAC to get the software where it needed to be;
otherwise they would have been stuck. GEAC sold those assets to a third party and a new
company was created called Enroute, the company the City currently uses. The good news is
throughout all the changes, personnel did not change, including the original programmer.
However, over the last 12 months, they noticed attrition in personnel and downsizing in
Enroute’s business. When the City originally purchased the software, New World and EAI were
approximately the same size company (158 agencies used the software). Today Enroute has 90
agencies and New World has 1,200.
The 2008 Capital Budget requests upgrades for Enroute include:

$160,000 for GUI (Windows) RMS (GUI = Windows type System), $80,000 for Mobile Data
Software, $195,000 for GUI (Windows) CAD for a total of $435,000 in requested upgrades to
modernize the system, which has been in the Capital Improvement Budget for several years.
They realize not all three pieces will be done this year. The $435,000 would almost bring the
software up to where they need to be, except it does not have a Jail Package.
The 2007 Maintenance Contract for Enroute was over $65,000, which is expected to be about
$74,000 in 2008 because of the upgrades to the system.
The Enroute text based system is an outdated law enforcement records system by today’s
standards.
Planned Upgrades ($435,000) when completed will cause annual maintenance costs to exceed
$100,000 to $118,000 per year. The vendor charges 18% for doing software maintenance, which
is a little high by industry standards but not out of the realm for legacy systems.
Upgrades would still not make this a viable countywide system.
Fire Departments do not use the current Enroute CAD/RMS system except for dispatching.
There is no Inter-Operability/Regional Data Sharing.
Enroute may not be in business within three (3) years.
Xenia System Requirements (what are we looking for?)

Integrated system (increased efficiency: data entered only once)
Inter-Operability/Data Sharing (improved safety countywide)
Information available to all Departments (greater productivity)
User friendly and simple system (easier learning ‘curve’)
A reliable system (strong support, dependability)
Strong functionality (enhancements continuously added)
Easy to generate reports (information at ‘finger-tips’)
A vendor with a good track record (someone we can rely on)
Capable of handling multi-jurisdictional CAD, mobile, records, and corrections (meets the
countywide public safety needs)
Chief Person noted the risk criteria used (background check, thorough demonstration of product,
value-added proposal, customer references, site visits, and risk criteria evaluation) during the
vendor selection process (shown on a comparison diagram) clearly indicated New World and
Spillman were preferred. Cisco was considered high risk because of the business model set-up.
The countywide public safety system would include computer aided dispatch, mobile software,
fire rescue, fire mobile, EMS, records, corrections, State LEADS/NCIS (fingerprint machines)
and ESRI mapping, which can pinpoint specific addressing. The specs requested AVL software,
but it did not include $150 to $250 to put transmitters into cars, which will be an issue with
Firefighters and Police Officers.
Chief Person said one server would be located at the GCSO, and one in a block building on
Dayton-Xenia Road in an office located in the lower part of the building (all fiber optics for the
County terminate in that building). Redundant servers could be located in the City Building and on
Dayton Xenia Road in order keep them on the same fiber ring, as recommended by the vendor and
IT specialists. A T-1 phone line (a high-speed data line) would connect Beavercreek and Fairborn.
(Refer to the diagram below for clarification.)
Countywide Public Safety Network
CFD
CPD
YSPD
FAIRBORN
VPN
VPN
T-1
VPN
Fiber
BEAVERCREEK
BFD
T-1
GCSO
XENIA
Fiber
Server
Messaging
Server
JPD
Fiber
VPN
Backup
Server
SCFD
Day/Xenia NOC
VPN
Internet
The small agencies (such as Jamestown, Cedarville, etc.) could use their Internet connections via a
virtual private network. It was important to Chief Person to have the primary server located in the
City Building, which could then be co-located in the next two years if the Countywide Dispatch
System becomes a reality. Xenia City dispatchers have the expertise in building and developing
the software, which gives the City some control over how the project is done, although most will
be done through a collaboration board.
Slides were shown of the current and proposed versions of the CAD Call for Service, CAD Unit
Status Control Panel, CAD Call Control Panel, and CAD Fire Equipment. Slides were also
shown of the current and proposed versions of the Records Management System (RMS) Global
Jacket Benefit and Case Management System and proposed versions of RMS Line-ups and
Document Tracking. The new Records Management package allows them to attach all the
documents to the file. They saw a demonstration of an installed system in Hamilton County,
Indiana (over 200,000 population with a Sheriff’s Department and 3 main cities). They found
the Prosecutor’s Office, who has access to the system, no longer requires papers to be sent. Loss
of documents has always been a problem, but this system will save time and increase efficiency.
Yes, But … What’s all this going to cost?
New Public Safety Software
Joint Hardware Purchases
Total Joint Project Costs
$1,400,000
$ 150,000
$1,550,000
Total Joint cost of the project will be divided between GCSO, Xenia, Fairborn, & Beavercreek
(50% of costs to GCSO and 16.67% each to Xenia, Fairborn, & Beavercreek). Maintenance costs
are 40% to GCSO (for CAD Records Management and jail packages) and 20% each to the cities.
Anticipated Costs and Payments
6-Jul-07
Total
County
Beavercreek
Fairborn
Xenia
$258,333.33
$86,111.11
$86,111.11
$86,111.11
Est. Total System Cost
$1,550,000.00
I/3 Down Payment
$516,666.67
$516,666.67
Balance Due
$1,033,333.33
Lease at
Annual Lease Payment
$235,384.85
4.5% for 5 Yrs.
1st Year Lease
Lease Payment
$235,384.85
$117,692.43
$39,230.81
$39,230.81
$39,230.81
2008
Annual Maintenance
$0.00
$0.00
$0.00
$0.00
$0.00
Total Costs
$235,384.85
$117,692.43
$39,230.81
$39,230.81
$39,230.81
2nd to 5th Year Lease
Lease Payment
$235,384.85
$117,692.43
$39,230.81
$39,230.81
$39,230.81
2009-2012
Annual Maintenance
$180,000.00
$72,000.00
$36,000.00
$36,000.00
$36,000.00
Total Costs
$415,384.85
$189,692.43
$75,230.81
$75,230.81
$75,230.81
Lease Payment
$0.00
$0.00
$0.00
$0.00
$0.00
Annual Maintenance
$180,000.00
$72,000.00
$36,000.00
$36,000.00
$36,000.00
Total Costs
$180,000.00
$72,000.00
$36,000.00
$36,000.00
$36,000.00
6th Year
Memorandum Points

The principal parties to this agreement are Greene County, Beavercreek, Fairborn, and Xenia.
Purchase of the initial system will be 50% of cost to the County, and 16.67% each to
Beavercreek, Fairborn, and Xenia.
Annual maintenance cost will be 40% to County and 20% each to Beavercreek, Fairborn, and
Xenia.
The County may enter into agreements with other Public Safety entities to help offset their
purchase cost and annual maintenance costs, except for Beavercreek Township, which has a preexisting agreement with Beavercreek City.
If the maintenance fees collected exceed 50% of the County’s 40% share, the excess collected
will be credited to all four principal agencies equally.
Greene County requested a $600,000 grant from the State, and they believe there is a good chance
they will get $200,000. Any grant monies received for this project will be divided as follows:
o Monies received from $1 to $200,000 will be credited 70% to the County, and 10% each to
Beavercreek, Fairborn, and Xenia.
o Monies received from $201,000 to $300,000 will be credited 100% to the County to offset
the costs for a mobile Data Computer system, which is part of the grant application.
o Monies received in excess of $300,000 will be credited 50% to the County and 16.67% each
to Beavercreek, Fairborn, and Xenia.

If the Greene County Prosecutor elects to participate in the cost of the system, any monies
received either will come off the initial total cost of the project or will be credited 50% to the
County and 16.67% each to Beavercreek, Fairborn, and Xenia.
There will be two server locations for this project. One will be co-located with the Xenia/Greene
Dispatch Center (wherever it is located) and the other will be located in either Beavercreek or
Fairborn, depending on the best connectivity scenario.
Upgrade versus New System – Projected 5-Year Costs
CURRENT SYSTEM
NEW SYSTEM
2008 - $ 74,000 + $99,090*
2009 - $100,000 + $99,090
2010 - $105,000 + $99,090
2011 - $110,250 + $99,090
2012 - $115,763 + $99,090
Total for 5 yrs. - $1,000,463
*$435,000 leased for 5 years at 4.5% =
$90,090/year
2008 - $86,111 + $39,231
2009 - $36,000 + $39,231
2010 - $36,000 + $39,231
2011 - $36,000 + $39,231
2012 - $36,000 + $39,231
Total for 5 yrs. - $426,266
Database Conversion – Est. $25,000 to $50,000
Replace Fiber Router - $10,000
Assumes a 5% increase in fees, which is what
Enroute has traditionally charged each year.
Status Quo versus New System – Projected 5-Year Costs
CURRENT SYSTEM
NEW SYSTEM
2008 - $74,000
2009 - $77,700*
2010 - $81,585*
2011 - $85,664*
2012 - $89,947*
*Assumes a 5% increase in fees, which is what
Enroute has traditionally charged each year.
2008 - $86,111 + $39,231
2009 - $36,000 + $39,231
2010 - $36,000 + $39,231
2011 - $36,000 + $39,231
2012 - $36,000 + $39,231
Database Conversion – Est. $25,000 to $50,000
Replace Fiber Router – $10,000
The difference between the current system and the new system is approximately $18,000. There
is almost a zero cost on investment to make the change because the Countywide Dispatch
System is being done as a collaborative effort. If they get $200,000 grant from the State, the
City’s share would be $20,000, which immediately offsets the $18,000.
Final Remarks: Chief Person said Greene County requested a $600,000 grant from the State
and there is a good chance they might get $200,000. The Prosecutor’s office was asked to
participate, and they believe they may receive funds from that office. Going to a Countywide
Dispatch System makes sense. With the same CAD software system, all entities can
communicate with one another.
President Felton asked if there was any money available through Homeland Security. Chief
Person said he did not feel there was much Homeland Security money available, but they will
investigate that possibility. They just announced a $968 million funding grant, but all the money
is tied to 700 MHz on the radio spectrum. They will see if some money from that grant can be
used to upgrade the 800 MHz to be compatible with the 700 MHz.
Councilman Engle wondered if U.S. Rep. Dave Hobson would be interested. Chief Person said
the $200,000 grant money they feel they may receive will come from U.S. Rep. Dave Hobson
through the Office of Criminal Justice Services.
Chief Person entertained questions.
President Felton asked Chief Person to provide handouts of the PowerPoint presentation to
Council, which he agreed to do.
Councilman Engle asked if the training was included in the software agreements, and if so, for
how long. Chief Person said they usually do “train the trainers” records management for the
officers and one-on-one training annually for all dispatchers.
Countywide 9-1-1 Dispatch Center Status and Proposal
Chief Person used a PowerPoint to discuss this agenda item. The current model being presented
for review by the Greene County Administrator is for a new department to be created under the
Board of County Commissioners and governed by an Executive Board and bylaws. A
Communications Executive Director, who reports to and is hired through the Board with
oversight by the County Administrator and County Commissioners, would manage it; employees
would be Greene County employees.
Countywide Dispatch Proposal: A decision from the City must be made by August 8, 2007,
regarding this proposal as to whether we wish to participate. The County will provide a new
building for the new Center on Greenway Boulevard, which is the location proposed by the
consultant. They secured a $750,000 grant (through U.S. Rep. Dave Hobson’s office) toward the
construction of the new center and are trying to secure additional state funding to offset the $1.5
to $2.0 million in construction costs. No construction costs will be transferred to the new
Center’s operating budget. The original proposals included construction costs, but Chief Person
felt nobody would ever consider moving forward unless the building was provided.
The County estimated the costs of running the new center would be:

$3,144,521 to fund a countywide center with 30 dispatchers, 4 supervisors, a data clerk/secretary,
and an Executive Director. Chief Person objected to this. He and his Communications Director
feel they need at least two additional dispatchers and a full-time IT staff. His Communications
Director feels they actually need four additional dispatchers based on call loads, etc. He has
discussed this with Mr. Poston. Chief Person felt they could “get by” with the agreed staffing
levels, but it is not optimal due to the stress experienced by dispatchers, which results in high
employee turnover. They cannot afford high employee turnover because of the time it takes for
training. The City has more staff than the norm but also has low staff turnover, and they are able
to effectively train new employees.
Xenia’s share is projected to be $545,565 based on 2006 dollars; shared costs are projected to
increase 2% per year.
The 2007 Budget for the current center is $1,372,478 ($35,000 comes from Central State); the
shared budget for Xenia and Greene County is $1,337,478.
Xenia’s budgeted share for 2007 is $668,739.
2006 actual cost to Xenia was $594,868 (includes equipment depreciation, which is a paper cost
and the County is charged for the depreciation). This allows the City to recoup its capital costs.

Projected Savings: $126,226 annually plus the County would take over a large portion of the
current debt service.
Possible Options:

Join with Greene County in the new Center: 2008 projected costs are $567,606 (2% for 2007 &
2008), assuming Beavercreek and Fairborn join.
Go Alone: 2008 costs for 12 dispatchers and 1 supervisor is $1,189,737, plus the remaining debt
service on the upgrades.
Continue current arrangement: 2008 projected costs are $1,413,621; Xenia’s share is $689,311.
Best Guess Recommendations: Chief Person said they do not expect Fairborn or Beavercreek to
join at this time. Based on the grant available, Greene County may use the $750,000 to go ahead
and build a new building. His personal position is if Beavercreek or Fairborn does not join, and
the County wants to build a new building, Xenia should insist on continuing the current
management contract. City staff has 17 years of experience running the dispatch center, have
done it cost-effectively, employees enjoy their jobs, and there are no issues with labor contracts.
If Yellow Springs, Bellbrook, or Sugarcreek joins, they should be handled like Central State (a
fee is charged), which is deducted from the costs. Xenia supplied the building for the last 17
years; the County can supply the building for the next 20 years.
President Felton clarified that would just be for using their building. Chief Person said that
would be for using their building, and the City would continue with the current management
contract (staff are Xenia City employees) and the status quo would continue. They compromised
last year and only did half of what they thought they needed to do because they wanted to see
what would happen over the next five years. It would be a win/win if the County built the
building and the City maintained the management contract. He was not sure how the County
would feel about that arrangement. President Felton did not feel the County would let the City
have the building free of charge. Chief Person noted the City has not charged the County for the
last 17 years; grant funds would primarily pay the cost of construction.
Councilman Engle asked what would happen if only one (either Beavercreek or Fairborn) joins
the Countywide Dispatch Center. Chief Person said the numbers would change (although he did
not have the figures with him). If only one of them joins, the right thing to do would be to go to
a Board to run it. However, he did not see why Xenia would give up control of what it has
managed for many years. Some people felt he should be glad to have the County take over
managing the dispatch center; however, it is important to him that it is a good running operation
and that someone who cares and has the expertise is in charge.
President Felton said, when shown the disparity between the numbers, historically the City has
the appropriate coverage and the others do not. Chief Person said with the funding, and if they
did it right, it is almost a break-even; one would not see the $125,000. President Felton heard
Fairborn and Beavercreek were not joining. Chief Person said he heard the same thing.
Chief Person thought Yellow Springs would join because it has lost employers and now Antioch
is closing; cuts have to be made somewhere. President Felton thought Yellow Springs might
come in under the County and pay them. The other small townships now pay a fee for the
service (they paid nothing in the past). Chief Person said the small townships pay 10% of their
actual costs, but Greene County will increase that fee to 50% next year.
Mr. Johnson said he was not optimistic the staffing level would be able to provide the services
needed. There is a one- to two-year learning curve during the transition period. They have not
yet decided if they will go to “call takers” vs. having full-scale dispatchers like some major
metropolitan areas. President Felton shared that they fought for years to get the number of
dispatchers increased.
Mr. Bazelak asked Chief Person if he needed a formal determination since the deadline is
August 8, 2007. Chief Person said they must give an answer to the Greene County Board of
Commissioners if Xenia will continue to participate or share their conditions. Absent
Beavercreek or Fairborn joining, he recommended the City continue under the current
management agreement. President Felton agreed, which would force Beavercreek or Fairborn to
make the decisions. Chief Person said he did not want to change the management model without
bringing in another major entity. President Felton felt that was the answer; nothing will change
and they will continue with the current management agreement. Councilman Engle agreed.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to continue with the current
management agreement for the Xenia/Greene County joint dispatching operations. No
Ayes: Engle, Mills, Pennewitt, and Felton
Nays: None
motion carried.
911 Funding Update: Chief Person said in order to receive funds from the State, Greene County
must submit an amended 911 plan and budget for making the County Phase II compliant. Phase
II is where cell phone information comes in with longitude and latitude information that is
mapped on a map; they can tell the location of the call within 300 yards. The first decision to be
made is the number of PSAPs that will be in the County, which has caused the delay. What will
that look like at the end of this year? Are we going to continue with the current number of
PSAPs or will there be consolidation because of the County’s proposal? That decision will come
after August 8th when all current PSAPs decide if they want to join a Countywide Dispatch
Center. It appears they will maintain the status quo. The only PSAP that might be eliminated is
Yellow Springs, which is technically a secondary PSAP. Once that number is decided, the
County can form the 911 Board to put the plan into motion. The 911 Board consists of a
representative from the County Commission, the largest municipality in the County, and the
second largest township or municipality in the County (Greene County, Beavercreek, and
Fairborn).
To implement Phase II compatibility, the County must pay SBC about $18,000 in fees for the
equipment to activate the delivery of the Phase II data. The City could pay the $18,000, but why
should they since it is for PSAPs for the entire County? An agreement needs to be made on how
that will happen. A mapping program must be completed and in place to translate the Phase II
data. The current mapping software purchased last year to make the system Phase II compatible
is awaiting street centerline data from the County because the old data was not usable; there were
over 35,000 mismatches on the street line data. They would have had to manually go in and do
those. They spent four months lobbying the County to come up with better data. At the time,
they were talking with U.S. Rep. Dave Hobson’s office, and they received a grant to do
centerline data across the County.
Through a grant, the County hired DDTI to check address points and centerline data with results
expected in September. At the same time, they got a multi-county grant to do pictometry, which
is when flyovers are done and pictures are taken that produce orthographs. Pictometry does
orthographs but they are done from a bleak angle of 30 degrees and from 12 directions with
flyovers. They can pick an address and visually hover over that address 360 degrees, look at the
building from all sides, measure the building height, and decide on the hose drop to the closest
fire hydrant. That data just became available within the last three weeks; DDTI centerline data
will be available in September. Once that happens, the data will be loaded into the mapping
program and response layers will be added to help decide what jurisdiction is required, what
police officer and fire truck is needed, etc. At this point, they will be ready to receive the
Phase II data. Each of the PSAPs in the County must notify all cell phone companies doing
business in their jurisdictions that they are ready to receive the 911 data. Cell phone companies
have six months to comply once they are notified.
Jim Otte (Channel 7 News) may try to make it appear Greene County has done nothing because
they have not applied for the 911 funds. The 911 funds are reimbursable, which is what Greene
County has done. Other surrounding counties have applied for the 911 funds, but they are not
nearly as far along as we are with getting software and hardware in place to receive that kind of
data. We purchased new 911 phone systems last year that are Phase II compatible and bought
the mapping. If they elect to go with the new software, they will probably not use the mapping
from last year but use the internal mapping from the new software because it makes more sense
from an update standpoint. They need to form the 911 Board, decide on the budgets, and who
will get what. The 911 money is there, available to them, and approaching $1 million.
President Felton thought there were application deadlines for the 911 monies. Chief Person said
they are fine as long as everything is in place by the end of 2007. President Felton agreed the
County must file for the money by the end of the year; however, the memo from Ron Lewis
indicated the money had to be expended by April 2008. Chief Person said they have to get the
plan in place and lock in the money. Once the money is locked in, it can be dispensed over three
years. President Felton said the memo indicated the projected revenue for each County.
Everyone got a huge amount more as indicated from the March meeting minutes of the group
that is discussing this. There are only a few counties who have not done anything. Money is
being spent – why have they not filed to get that money back? She thought the County wanted
the funds to build the countywide dispatch center. Chief Person said he did not think that would
happen. When the 911 Board is formed, they need to ensure the City Manager is lobbying the
911 Board to make sure the City is being represented. In a normal situation, they would have to
get approval from each of the Councils. There is special legislation that says the current plan can
be amended without having those approvals. He said it was to the City’s advantage because
Greene County is paying for half of the upgrades done last year; it is also in their best interest to
make that debt go away. The City cannot wait and must go forward based on what is known.
President Felton entertained questions from Council. None were presented. She apologized to
Mr. Johnson for not allowing him to discuss the annual community funding recommendations,
but Councilwoman Mills was ill. Mr. Johnson felt the community funding discussion was not
urgent.
ADJOURNMENT: Motion by Councilman Engle, seconded by Mayor Pennewitt, to adjourn
the Special Session at 10:40 a.m., to go into Executive Session to discuss personnel matters. No
Ayes: Engle, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Xenia City Council
Xenia City Council
July 26, 2007
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on July 26, 2007, at 6:00 p.m., in the First
to discuss Personnel Matters. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Regular Session
7:00 p.m.
July 26, 2007, at 7:02 p.m., in the City Council Chambers, City Hall, with the following
INVOCATION: Marlene Johnson, National Day of Prayer Representative, gave the invocation
approve the July 12, 2007, Regular Session minutes as written. No discussion followed. The
Ayes:
Miller, Esprit, Propes, Mills, Pennewitt, and Felton
Abstain: Engle
Nays:
None
motion carried.
PUBLIC HEARING: Proposed Zoning Designation of 391.614 Acres of Land pending
annexation to the City of Xenia. President Felton explained the procedures for the public
hearing. Mr. Johnson asked Ms. Crockett to discuss this item.
Ms. Crockett said this property is in the process of being annexed into the City of Xenia. There
are seven (7) parcels totaling 391.614 acres of land. The current land use of the parcels is
agricultural, specifically devoted to turf farming. As per the requirement of the Planning and
Zoning Code, Section 1248.04 Zoning Annexed Lands, the City Planning and Zoning
Commission shall provide City Council with a recommendation of the appropriate zoning of
such land to be annexed at or about the same time City Council initiates consideration of
legislation accepting the annexed land to the City. At their meeting on July 5, 2007, the Xenia
Planning and Zoning Commission held a public hearing and recommended Council designate
this land as A-1 Agricultural Zoning. Following the public hearing this evening, staff
respectfully recommends introduction of an ordinance designating A-1 Agricultural Zoning to
the 391.614 acres of land.
President Felton entertained comments or questions from Council members.
presented.
None were
President Felton opened the public hearing and invited those in favor of the rezoning to come
forward to speak.
Thomas Poliquin, 84 Parkhurst Road, Beavercreek said he is representing Gerdes. They concur
with the recommendations of staff and the Xenia Planning and Zoning Commission to designate
the land as A-1 Agricultural Zoning, which is the current land use.
President Felton invited those opposed to the rezoning to come forward to speak. No one came
forward to speak. She invited those neither for nor against the rezoning to come forward to
speak. No one came forward to speak. President Felton closed the public hearing.
PROCLAMATION: Presented to Xenia Parks and Recreation Department: “July is Parks
and Recreation Month.” President Felton asked Brent Merriman, Assistant City Manager, to
accept the proclamation for Michelle Fisher, Director of Xenia Parks and Recreation. Mayor
Pennewitt then read the proclamation, which included the following: “Parks and Recreation
activities enhance the physical health and mental well-being of individuals, work forces, and the
community. Participation in recreation programs builds self-esteem and provides positive and
constructive alternatives to anti-social behavior. Parks and recreation opportunities and open
spaces enhance the desirability of communities as locations for business, industry, and
residential housing and are vital to the appearance and livability of the community, protect our
air and water, and balance our system. Parks and Recreation stimulates tourism, revenues, and
economic development of this community. It is the right of everyone, regardless of age, race,
color, religion, gender, national origin, or ability to participate in parks and recreation
programs and activities, and enjoy parks and open space.” She proclaimed July as “Parks and
Recreation Month” and asked all citizens of the community to join with citizens of other
communities throughout Ohio, in recognizing that parks and recreation services are essential to
the quality of life throughout the year. (Applause followed.)
Don Hall, 1124 Buckskin Trail, Xenia, said quite a while ago, President Felton [when she was
the Mayor] used to ride in an ambulance and asked homeowners to share their concerns. He has
made numerous phone calls over the last three weeks regarding the need to clean the drainage
ditch between Moccasin/Arrowhead/Buckskin Trails. Staff cleaned the drainage ditch between
Lower Bellbrook and Moccasin Trail. In August 1998, Council said the drainage ditch would be
cleaned three (3) times yearly. President Felton said she would check the minutes since she did
not recall the meeting/conversation. Mr. Hall said in 1998, Councilman Esprit, President Felton,
Larry Gordon, and former Mayor Saraga served on Council. Mr. Saraga cleaned the drainage
ditch with his own weed eater about three years ago. He shared pictures with Council. President
Felton asked Mr. Hall to provide his phone number to the City Manager. Mr. Hall stated he had
already done that. Following a heavy rain, City staff removes all the manhole covers and checks
the sewer, but they do not check the drainage ditch. If the water backs up in the drainage ditch
that comes in from Second Street, the by-pass, and Warner Middle School, the sewer system will
back up. Homeowners do not want to pay for flood insurance; they would like the stormwater
drainage ditches cleaned. President Felton assured Mr. Hall staff would take care of the
problem. She asked Mr. Johnson to check the minutes and report his findings to Council.
Mr. Johnson agreed to do that.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on July 5th and
held a public hearing on the proposed zoning designation of 391.614 acres of land owned by
Gerdes. The Commission recommended Council designate the Gerdes land as A-1 Agricultural
Zoning. They also reviewed and approved the Pathfinder Plat for the purpose of combining two
lots on 426 Bellbrook Avenue to provide a formal access easement to the adjacent lot. Under
“Old Business,” they discussed the Park Dedication Requirement Draft of Proposed Revision.
The Parking Study for downtown Xenia is completed; the Committee still needs to identify costs
associated with the recommendation. The Planning and Zoning Commission representatives to
this Committee are Richard H. Jackson and the alternate is Joshua Long.
Mayors & Managers: Mayor Pennewitt said the July meeting was cancelled.
Miami Valley Regional Planning Commission: Mayor Pennewitt said the July meeting
was cancelled.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said at the
July 10th meeting, the guest speaker was Assistant City Manager Brent Merriman, who discussed
visioning and setting goals for BRACA. BRACA also reviewed and discussed the results of the
park tour and received an update from the Parks and Recreation Department.
Motion by Councilwoman Mills, seconded by Vice President Miller, to appoint Ms. Lucy LeardFess as an ex-officio member (student representative) of the Board for Recreation, Arts, and
Cultural Activities with a term expiring on July 26, 2008. No discussion followed. The Roll on
Nays: None
motion carried.
Councilwoman Mills thanked outgoing Student Representative Emily Eakin for her year of
service to BRACA. It is very important for young people to share their opinions because they
often view things differently from adults; their opinions and input are appreciated. President
Felton asked Mr. Johnson to draft a letter from the City to be placed in Ms. Eakin's student file
indicating her involvement in BRACA. Mr. Johnson said he would be pleased to do that.
ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Esprit said on Monday and
Tuesday he attended the Afro-American Leadership Summit in Washington, D.C. The topics
discussed were economic growth, education, energy, the environment, faith-based and
community initiatives, health care, homeland security, homeownership, hurricane recovery,
immigration reform, border security, judicial nominations, Medicare, national security,
retirement security, small business, teaching, and welfare reform. America has a health disparity
between the “have’s and have not’s,” which is one thing on which they are working.
Republicans and Democrats are working together to get things done. Four years ago, $50
million was designated for housing and urban development; $600 million was designated in
2007. They also discussed Hurricane Katrina. The Secretary of Housing and Urban
Development, Mr. Alphonso Jackson, shared some moving stories about properties and people in
communities. One story that had a lasting impact on him concerned an incident in St. Louis
where two firefighters were burned beyond recognition. We often are concerned about our
differences, but one could not tell if the firefighters were white or black. One concern in our
community, our State, and across the Nation, is unfunded mandates, and he raised this question
at the meeting. Senator Lamar Alexander, the former Secretary of Education, agreed it was a
good question. Afterwards, a government representative from the U.S. Department of Education
stated he had information he wanted to share with him, which Councilman Esprit said he would
share with his fellow Council members. He was especially impressed with a presentation by a
person who is second in command for Health. The person said he read a good book daily
(referencing The Bible), which tells us how we should treat each other. He offered to go in
further detail with Council or community members.
Councilman Esprit said he read Mr. Johnson’s response on a concern raised by Charlie Huff
about trash in the downtown area, which he understands has been handled. Thomas Scrivens
also made some observations. One concern not addressed was people who worked on the
Charter that was passed in 1998. They are enjoying the benefits of the people who worked
diligently to review and update the City Charter and get the voters to pass it. He recommended
Council ask Law Director Ron Lewis develop a Resolution thanking those people who worked
on the City Charter, those who are still living and those who have passed away.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Law Director Ron Lewis
develop a Resolution to thank all citizens (for those still living and post-humously for those who
are deceased) who served on the Charter Review Committee to review, develop, and accomplish
subsequent passage of the new City Charter in 1998. All participants will be honored; some
posthumously. No discussion followed. The Roll on this was the following:
Ayes:
Miller, Engle, Esprit, Propes, Mills, and Pennewitt
Abstain: Felton
Nays:
None
motion carried.
Introduction of Ordinance Accepting Annexation of 391.614 acres of land (Gerdes)
and Introduction of Ordinance designating A-1 Agricultural Zoning to said land.
Mr. Johnson respectfully requested Council introduce an ordinance accepting annexation of
391.614 acres of land owned by Thomas J. Gerdes and Nancy Lee Gerdes and Gerdes Inc.,
which will complete the annexation process for this property. He also respectfully requested
Council introduce an ordinance designating A-1 Agricultural Zoning District to the 391.614
acres of land pursuant to the public hearing held earlier in the meeting. He noted Ms. Crockett
and Mr. Brodsky were available to answer questions.
Mr. Brodsky said the Gerdes’ have no immediate plans for development of this property. Their
request for annexation was to position themselves for future development of the property. City
staff discussed whether the City could service that property and it was determined they could.
After extended conversations with the affected Townships, in February 2007, an agreement was
proposed and ratified by Council on February 22, 2007. In May 2007, the Gerdes officially
petitioned the County to annex their property; the Greene County Commission approved the
annexation request on May 15, 2007.
Vice President Miller introduced an ORDINANCE ACCEPTING ANNEXATION TO THE
CITY OF XENIA OF 391.614 ACRES OF LAND LOCATED AT THE NORTHEAST
CORNER OF VAN EATON ROAD AND UPPER BELLBROOK ROAD IN BEAVERCREEK,
SPRING VALLEY, AND XENIA TOWNSHIPS, and it was read for the first time.
Vice President Miller introduced an ORDINANCE AMENDING THE ZONING MAP OF THE
CITY OF XENIA BY ZONING 391.614 ACRES OF LAND LOCATED ON THE
NORTHEAST CORNER OF VAN EATON ROAD AND UPPER BELLBROOK ROAD
OWNED BY GERDES INC., THOMAS J. GERDES AND NANCY LEE GERDES AS A-1
AGRICULTURAL DISTRICT, and it was read for the first time.
Award of Bid for Sanitation Pole Barn Storage Building. Mr. Johnson respectfully
requested Council award the bid and authorize the City Manager to execute a purchase order to
Worch Lumber in the amount of $62,795 to erect a 72’ by 140’ by 16’ pole barn to be located on
City property located at the Public Service Center at 966 Towler Road. He noted Mr. Jones was
available for questions.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to award the bid and authorize
the City Manager to execute a purchase order to Worch Lumber in the amount of $62,795.00 to
erect a 72’ by 140’ by 16’ pole barn to be located on City property located at the Public Service
Center at 966 Towler Road. Discussion followed. President Felton asked if the City’s
Electrician would be doing the electric work. Mr. Jones said yes. The builder is building the
barn. The Roll on this was the following:
Nays: None
motion carried.
Award of Bid for Firefighting Personal Protective Equipment. Mr. Johnson
respectfully requested Council award the bid based on the unit prices bid and authorize the City
Manager to execute a purchase order with Phoenix Fire Equipment for the purchase of
firefighting protective gear in the amount of $12,000. He noted Fire Captain Keith Giffin was
Motion by Councilman Propes, seconded by Councilman Engle, to award the bid based on the
unit prices bid and authorize the City Manager to execute a purchase order with Phoenix Fire
Equipment for the purchase of firefighting protective gear. Discussion followed.
President Felton asked if prices were solicited from different vendors in order to get the best
prices for each item. Captain Giffin said they try to not do that with their Fire equipment. The
company chosen will service the complete equipment line purchased and perform any factory
recommended repairs and replacements. As a result, staff will not have to try to get the
equipment serviced by a variety of vendors.
Nays: None
motion carried.
Items for the City Manager: Councilman Propes said on July 14, 2007, shots were
fired outside City Hall in the Xenia Towne Square late one evening. He first heard about the
incident on Tuesday when he read about it in the Xenia Daily Gazette. He felt such a significant
event should warrant Council notification and asked for an update on the situation.
Mr. Johnson agreed with Councilman Propes’ comment. There is a policy on sharing
information about significant events; it is time to refresh the policy. He offered to get an update
on the situation to Council.
Councilman Esprit noted Mr. Johnson’s response to Mr. Scriven’s concern stated the City
continues to fall short of its objective of hiring minorities, particularly Afro-Americans. He
asked why the City continues to fall short of its objective of employing minorities.
Mr. Johnson responded there was no short answer to the question. During his years working in
the Human Resources Department, it has always been a challenge. He is updating both the
City’s EEO and Affirmative Action plans, which requires they do more comparisons. They do
not have set standards or goals but intend to have the work force reflect the demographics of the
community. They are trying to do local recruiting and to get more people interested in public
service in a highly competitive market. He offered to address the issue in more detail. Updating
the Affirmative Action Plan is one of his goals this year, which will have both the statistical data
and information about efforts made in the past and present. He welcomed additional ideas on
how to be more effective in the City’s diversity efforts.
Councilman Esprit said he did not mean to be misunderstood, but the concept of “Affirmative
Action” means to recruit people who are less affluent or are under represented. Associated with
that are goals and objectives and a timetable. He receives employment notices and shares them,
but people often do not apply. “Affirmative” means the City is going beyond just notifying
people of the employment opportunities. He wondered what else could be done.
Vice President Miller said last evening his son’s bicycle was “borrowed” from his garage and it
was found this morning on the other side of town. Someone who owned that property noticed a
new bicycle leaning against their trash dumpster and called the Police Division. The Police
Division had it in their property room when he filed the report. The bicycle was returned by
noon and he thanked both the Police Division for their efforts and the two women who noticed
the bicycle on their property and called the Police. This is the second bicycle stolen from his
home and the first one recovered.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to approve payment of bills
Ayes:
Abstain: Pennewitt
Nays:
None
motion carried.
Introduction of Ordinances and Resolutions:
Mr. Saunders presented an
ORDINANCE AMENDING SECTION 452.16 - PARKING FOR DISABLED PERSONS OF
CHAPTER 452 - PARKING GENERALLY, and an ORDINANCE AMENDING CHAPTER
298: FEE SCHEDULE SECTION (b) FEES FROM PART FOUR - TRAFFIC CODE. These
two chapters were previously amended; however, changes were not made to the fee schedule.
While reworking the two proposed amendments, there was also an increase in the fee schedule
for violations of persons parking in disabled parking spaces. Staff worked in cooperation with
the Police Division to amend the two ordinances. The penalty for parking in a disabled parking
space was increased from $40 to $250, which is in line with the Ohio Revised Code. Sixty-seven
(67) violations for parking in disabled parking spaces were issued from January 1 through June
30, 2007. If the fee schedule had been amended, it would have resulted in a net gain to the City
of $5,670 in the parking fund. He respectfully requested Council introduce the two ordinances
and waive the public hearing requirement for amendments to the fee schedule.
President Felton noted the State of Ohio sets the $250 fee—not the City of Xenia. The amended
ordinance also authorizes volunteers to issue parking violation notices for parking in a disabled
parking space and changes the ticketing process in the penalty section.
Vice President Miller introduced an ORDINANCE AMENDING SECTION 452.16 - PARKING
FOR DISABLED PERSONS OF CHAPTER 452 - PARKING GENERALLY, and it was read for
the first time.
Motion by Councilman Engle, seconded by Vice President Miller, to waive the requirement to
hold a public hearing for amendments to the fee schedule. No discussion followed. The Roll on
Nays: None
motion carried.
Vice President Miller introduced an ORDINANCE AMENDING CHAPTER 298: FEE
SCHEDULE SECTION (b) FEES FROM PART FOUR - TRAFFIC CODE, and it was read for
the first time.
Vice President Miller asked if the Ohio Revised Code requires them to post a smaller sign that
states “up to a fine of $250” under the sign designating the disabled parking space. Mr. Saunders
said he did not know the answer, but he would find out. Vice President Miller said he wanted to
ensure violators could not refuse to pay the higher fine because the sign was not posted.
Mr. Saunders thought if the citation were issued under the ORC section as revised, it would not
matter [if the sign was there or not]. President Felton said that issue was raised during the
Parking Study meetings. She thought the new fine notification had to be posted on the sign.
Second Readings of Ordinances and Resolutions: Mr. Saunders presented a
RESOLUTION AUTHORIZING APPLICATION AND AWARD OF PARTIAL FUNDING
FROM THE STATE OF OHIO FOR ADMINISTRATION OF A GRANT FOR THE D.A.R.E.
PROGRAM, and it was read for a second time.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Resolution Number 07-H be
Nays: None
motion carried.
Items for the Law Director: Mr. Saunders said yesterday the Ohio Supreme Court
issued a ruling, which upheld the constitutionality of the Domestic Violence Law currently on
the books. Issue I affected that, which was the constitutional amendment passed several years
ago that defined marriage as a union between a male and a female. That created a question in the
minds of many municipalities and courts as to whether same sex couples or unmarried couples
could be charged with domestic violence. The Supreme Court ruled yesterday they could be
charged with domestic violence. The Law Department sent a copy of the decision to the Xenia
Police Division so they are on notice.
Councilman Engle, and Vice President Miller had nothing to share.
Councilman Propes,
Councilwoman Mills said on Friday, July 20th, E.T., the Extra-Terrestrial (digitally enhanced),
was shown at Shawnee Park for “Movies in the Park”. It was a great movie! The next movie to
be shown at dusk on Friday, August 17th, is Night at the Museum. There is usually a concession
stand and everyone has a great time. She reminded citizens “Younger Days” featuring favorite
country classics would perform at Shawnee Park on Sunday, July 29th. The Greene County Fair
also opens on July 29th. She asked citizens to be aware of buses and children attending yearround school, which began today.

6/29/07 – Attended the “Freedom’s Call 2007.” A 60th USAF Anniversary reception was held.
Various aircraft and the Air Force Band performed. It was a great affair.
7/2/07 – Presented a Proclamation to SSG Michael McMillan for his service to our great country.
He served in the Army for over 17 years, including tours of duty in Desert Shield, Desert Storm,
and Iraq. Thank you to our hometown hero! She also attended “Where the Buffalo Roam”
presented by the First Church of Christ, which was a wonderful play about our history and settlers
moving west.
7/5/07 – Chaired the Xenia Planning and Zoning Commission meeting.

7/9/07 – Attended an “Under One Roof” meeting and the ribbon cutting and open house at Sue’s
Kitchen, 1855 Bellbrook Avenue.
7/10/07 – Attended a Rail and Arts Fest meeting.
7/12/07 – Attended a ribbon cutting at LA Sports Bar on West Main Street. Also attended “Toast
of the Town” held at Added Touch Cleaning located at 17 West Main Street, Spring Valley. It is
a wonderful, quaint place with an ice cream shop.
7/17/07 – Attended the Greene Works Open House at 581 Ledbetter Road and the Xenia
Community/Dayton Daily News meeting regarding the Xenia Community Partnership.
7/18/07 – Attended a ribbon cutting at Sparkle Car Wash, Cincinnati Avenue; a Rail and Arts
Fest meeting; and a Habitat for Humanity ribbon cutting at 496 East Main Street. It is always a
delight to attend a Habitat for Humanity ribbon cutting because the new owners are so excited
about having their first home. Sweat equity goes into that project. The new owners have four
small children; it was a delight to experience their excitement and thankfulness.
7/19/07 – Enjoyed a wonderful evening of dinner and music provided by parents and youth at
Shawnee Park. This was the first time she attended the event. The young children played some
wild music, parents attended, and they shared a potluck dinner. It was wonderful to see the kids
happy and their parents enjoying the event.
7/23/07 - Presented a proclamation to William W. Hilgeman on his 80th birthday. Mr. Hilgeman,
a former Xenia Recreation Director, was responsible for developing new recreation activity
programs in the 1950’s so more children of all races could participate.
7/24/07 - Attended a Rail and Arts Fest meeting.
7/25/07 – Gave a welcome speech at Miami Valley Quarter Midget Racing Association at KilKare Speedway. There were over 700 applicants and 350 participants.
President Felton said City staff would begin working on South Detroit Street next week.
Regarding the Church Street project, the traffic pattern will be changed to accommodate Greene
County Fair traffic. She noted before the Church Street project began, staff did a traffic count
study that showed approximately 11,000 cars used Church Street daily. It appears many drivers
are using West Second Street while Church Street is closed.
Councilman Esprit said he forgot to mention at the last Council meeting that he attended the
ribbon cutting at LA Sports Bar and “Toast of the Town” held at Added Touch Cleaning in
Spring Valley. He served on Council when they discussed the issue with Buckskin Trail,
although he could not remember the specific concerns.
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
August 9, 2007
Special Session
6:00 p.m.
The Xenia City Council met in a Special Session on August 9, 2007, at 6:05 p.m., in the City
Council Chambers, City Hall, with the following members present: Dr. Lee G. Esprit, Jr.,
Dennis R. Propes (arrived at 6:20 p.m.), Jeanne Mills, Phyllis A. Pennewitt, and Patricia L.
Felton.
William R. Miller and Michael D. Engle were absent. President Felton said Vice President
Miller is in Wisconsin and Councilman Engle is driving from the airport. Councilman Propes
will be late because he received a call, while at Toast of the Town, that his child had been
injured.
Presentation on Homelessness. Cheryl Carter, Network Director of the Interfaith Hospitality
Network of Greene County, said Councilman Esprit attended an education committee meeting
for the Housing Coalition through the Greene Metropolitan Housing Authority. She
subsequently received a phone call from President Felton who stated Councilman Esprit felt it
was important for her to make a presentation to all members of Council. She introduced
Deborah Matheson, Facility Social Worker of the Family Violence Prevention Center of Greene
County, who began the presentation.
Ms. Matheson thanked Council for the opportunity to make a presentation. She shared the
following 2006 statistics of what the Greene County Housing Coalition has been doing:
The Housing Coalition is a group of all the service providers who assist homeless individuals in
Greene County. Some organizations such as Job and Family Services, provide support and
encouragement for people to work, and daycare opportunities, while others house individuals in
emergency shelters, transitional and permanent housing.
President Felton asked if the figures provided were just for Greene County. Ms. Matheson said
the chart indicates 2006 figures on what each organization did that is involved in the Greene
County Housing Coalition. (See attachment A). The Shelter Provider Committee of the Housing
Coalition decided it was very important to gather statistics on how many homeless people were
reporting to them, the number they served, and who was falling through the gaps.
Mayor Pennewitt asked who the members of the Housing Coalition were. Referring to the above
chart, Ms. Matheson said the organizations include the Family Violence Prevention Center
(FVPC), the Greene Metropolitan Housing Authority (GMHA), Interfaith Hospitality Network of
Greene County (IHN), Red Cross, Community Action Partnership (CAP), and Housing
Solutions. The CAP statistics represent their requests for services through the Harding Place, a
program that provides up to 18 months of long-term transitional housing. President Felton asked
where the Harding Place was located. Ms. Matheson said they are renting properties in the
apartments at Orange Street. President Felton asked if it used to be called SCOPE.
Ms. Matheson said yes. Mayor Pennewitt thought SCOPE moved. Ms. Carter said yes; they
moved to the former location of John Deere/Xenia Power Equipment. Ms. Matheson said
Housing Solutions is funded through the Mental Health Recovery Board and provides housing
for individuals with mental illnesses.
Ms. Matheson said their presentation helps provide a picture of what happens to families in their
services. One family was a mother of eight boys – a huge family and a big challenge. The
family contacted their organization through the hotline, and they were able to provide services
for multiple months. They assisted the children with their school issues and referred them to
different services in the community through mental health, housing, and Job and Family
Services. The mother was able to get a home through the Greene Metropolitan Housing
Authority, and she found a job. Because the family was involved with their organization for so
long, the threat of danger was drastically decreased; the person causing the danger was no longer
around. They referred the family to IHN, so they were able to provide emergency housing to
other individuals fleeing from violence situations. IHN supported the family for the remainder
of the time.
Ms. Carter said, along with the family of eight boys, they also housed three other families. All
agencies try to work together. Due to the housing situation and Section 8 vouchers not being as
plentiful as they once were, they have to house families much longer than in the past. A family
of eight presented problems because they were looking for a four or five bedroom home;
sometimes even three bedroom homes are often difficult to find. When Ms. Matheson called and
said the threat of danger was gone, IHN was able to offer assistance. The mother and three of
her oldest boys were able to secure jobs and the family found long-term housing. When you are
at their facilities, you are not treated as prima donnas. Clients are expected to seek employment
and participate in educational opportunities. All eight children are in school and doing well.
Ms. Carter said one of the women attending the training was a student of Councilman Esprit and
she became very emotional when she saw him. Because of financial difficulties, she was
stranded in Xenia and they were able to help her. Through a lot of hard work, the young woman
completed college and will begin teaching in two weeks. IHN is unique because they do not
house clients but depend on area churches to house them overnight. The churches so loved the
young woman, that when she moved out, the churches got together and completely furnished her
home.
Ms. Matheson said a mother of two came to them through the hotline and was housed in their
shelter. She was broken and very discouraged, believing she had little worth, was not
employable, and was a bad mother. She was a very good mother and had many employable
skills. Over time, they were able to encourage her to start believing in herself. The family was
able to get housing through GMHA, and she became an IHN employee.
Ms. Carter said she firmly believes in hiring employable persons who have gone through their
program. She contacted a person at GMHA and asked if she could recommend someone who
would like to work weekends. The GMHA worker said she did; a woman was working part-time
for GMHA but needed additional income. She recommended she contact Ms. Matheson for a
reference. The woman has been a great weekend staff person and has mentored many other
clients, since she herself was once homeless. She has been employed by IHN for four years.
Through a wonderful savings program through GMHA, she was able to save $8,000 and
purchased her first home. She works full time for the school system. Her son is entering high
school and her daughter has just graduated high school. They are a wonderful family. All of the
agencies in Greene County are wonderful at working together to help their clients achieve
whatever needs to happen.
Ms. Matheson showed a moving video of the faces of homelessness in Greene County. Captions
included:
•
A homeless individual is someone who lacks a regular, adequate nighttime residence or someone
whose nighttime residence is in a shelter or transitional housing. Homelessness is real and
devastating. Homelessness hurts hundreds in Greene County each year. It hurts individuals,
families, children, and the elderly. Homelessness can impact people of all ages, nationalities, and
cultures. Homelessness is caused by many factors such as loss of viable employment, death,
limited life skills, divorce, natural disasters, mental illness, major medical problems, and debt.
Being poor means being in an accident, an illness or a paycheck away from being homeless.
•
If you or someone you love became homeless today, where would you/they stay? Where would
you get help? Homelessness generates common feelings of fear, depression, rejection,
frustration, worthlessness, hesitance, lack of confidence, and vulnerability. Some people believe
that life problems are private matters. Sometimes one person’s behavior or decisions in life cause
problems that create the homelessness. Many people can be negatively impacted. Children are
more likely to suffer from anxiety and depression. “Children learn what they live.” If children
live with security, they learn to have faith in themselves. That is why no one should say that
homelessness is “not our problem.” It is a problem impacting our society.
•
Sometimes individuals feel as if there is no help, or as if they are not worth the help. What can be
done? Who can help? There are services that can help. Services include counseling for adults
and children, case management, and peer support. Seeking help can be a difficult thing to do, but
it is the first step toward a successful life.
•
The Greene County Housing Coalition provides supportive services, emergency, transitional, and
permanent housing for Greene County. Organizations include Family Violence Prevention
Center, the Greene Metropolitan Housing Authority, Interfaith Hospitality Network of Greene
County, Red Cross, Community Action Partnership, Housing Solutions, the Department of Job
and Family Services of Greene County, the Community Network, Integrated Youth Services, and
the Greene County Combined Health District. With the support of funders and donors, our
helping hands lift and support families in Greene County to success.
Ms. Matheson thanked the Council for the opportunity to share and to continue educating people
on what the Housing Coalition does. Many of their services are provided directly from this
community, which is why they felt it was very important to share what they do. The face of
homeless families in Greene County may not look like the face of homelessness in New York
City. They try to focus on homelessness in Greene County, how it impacts the community, and
what is being done to help.
Councilman Propes apologized for his late arrival; his daughter injured her ankle but will be fine.
Councilwoman Mills agreed homelessness is not what they always think. So many people live
from paycheck to paycheck and one accident or layoff can change their lives.
Ms. Carter said often in Greene County they see the “hidden homeless.” When people take in
someone that is homeless due to abuse, they want to protect them. However, after about six
weeks, nerves begin to fray, and at eight weeks, they want them to leave. They begin getting
referrals after about 90 days. Three years ago, they began counting the homeless people they
saw in Xenia. People sleep on park benches, under the bleachers at Cox Field, or at the library.
Often they will see people with signs stating, “Will work for food.” If you want to help, please
offer to bring them lunch rather than offer them money. The faces shown on the presentation are
what they see. If Ms. Matheson brought people from the Family Violence Prevention Center or
if she brought people from IHN, you would not be able to tell they were homeless. To date for
2007, she has received 3,000 requests for assistance with housing, utilities, and food and was
sure Ms. Matheson received just as many phone calls.
President Felton asked if the data is shared with other agencies so a person does not go from
agency to agency for assistance. Ms. Matheson said many of their organizations receive money
from the Ohio Department of Development, which now requires that all data is entered into the
Homeless Management Information System. As partners come on board, they will be able to
share the information among themselves and have access to it. There are only a few partners on
board that are entering the data. President Felton felt that was critical and a problem they
encountered in the past with the VISX Christmas Toy Project. They could not get everyone to
work together and some people went to four different places for assistance.
Mayor Pennewitt encouraged people to donate food or meals for the homeless. Her church does
that every six weeks. She was sure there are other needs that also need to be met.
Councilman Esprit thanked Council for inviting them to make the presentation. He wanted them
to make the presentation to all of Council because he was so inspired. There is an old saying,
‘one picture is worth a thousand words’. He felt everyone needed to see the presentation. Some
people think it is a private matter or that homeless people are coming from Dayton. The pictures
and video inspired him both then and now. “There for the grace of God go I”; many of us could
have been homeless. His intent was for the presentation to be made during a regular session so
other citizens could see it. President Felton said when the new system is installed in September,
the video may be able to be viewed by the public. She agreed the video was good; she was
hesitant to have it televised until she had seen it.
Ms. Carter acknowledged Ms. Matheson who created the inspiring video. Their clients are not
homeless, they are houseless. A house is a room with four walls. A home is what you put into it
– unconditional and forgiving love. She thanked Council for supporting their agencies. Home
can be a temporary shelter or a new home their organizations help the client secure.
Councilman Esprit said he understood not everyone can be helped or be successful, but he has a
clear conscience knowing that they tried.
President Felton asked how renovations were going on the old St. Francis Hotel. Ms. Carter said
renovations at the old St. Francis Hotel were coming along great. They are getting ready to
install the heating and air conditioning, followed by the electric and final plumbing. She hopes
to have it open by Thanksgiving; however, their building construction superintendent may say it
will open in one year. When they received the old St. Francis Hotel located next to Montgomery
Insurance over four years ago, it smelled old and musty, but now it smells like new construction.
They feel very blessed and very excited.
Councilwoman Mills asked how often they made the presentation to churches and other
organizations. She agreed with Councilman Esprit that it is a wonderful presentation.
Ms. Carter said they would be more than willing to give this presentation and show the video to
anyone interested.
Xenia City Council
Xenia City Council
August 9, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on August 9, 2007, at 7:00 p.m., in the City
INVOCATION: Cheryl Carter, Executive Director of Interfaith Hospitality Network, gave the
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilman Engle, to
approve the July 21, 2007, Special Session minutes as written. No discussion followed. The
Ayes:
Engle, Mills, Pennewitt, and Felton
Abstain: Esprit and Propes
Nays:
None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to approve the July 26, 2007,
Executive/Regular Session minutes as written. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
President Felton reminded everyone that Time Warner Cable is modifying the channel lineup.
Channel 10 (the City’s government channel) will go to Channel 5; Channel 23 (community
access) will go to Channel 6; Channel 24 (school channel) will go to Channel 21. Mr. Bazelak
said the changes would be effective August 28, 2007.
SPECIAL ACKNOWLEDGEMENTS: Mayor Pennewitt, Fire Chief Jeff Leaming, and Capt.
Jason Kinley invited BreAnna Minigh and Kala Stidham to come forward. Chief Leaming
said the two young women went above and beyond the call of duty to save lives. They
performed CPR prior to the arrival of the EMS crew. Thanks to their efforts, two people are
alive today. All this happened within two weeks of each other.
Capt. Kinley said it was a privilege to be present at such an exciting time. This proves Xenia is a
great place. They cannot do their job without the involvement of the community. In these two
cases, two people without vital signs were saved. BreAnna was on duty as a lifeguard at the
Greene County Pool on June 28. A 6-year old boy was found submerged under water for a long
period and was not breathing when removed from the water. BreAnna performed CPR until the
ambulance arrived. The boy was transported to Children’s Medical Center where he made a full
recovery.
Capt. Kinley said by the grace of God, Kala was present at a church basketball game on
Ledbetter Road at 11:15 p.m. on July 15. During the basketball game, a 21-year-old male
collapsed and went into cardiac arrest. He had no vital signs, was not breathing, and his heart
had completely stopped. Fortunately for him, Kala was present and able to administer CPR for
seven to eight minutes until the EMS crew arrived. The EMS crew performed CPR for another
10 to 15 minutes until they obtained a pulse. The 21-year old male was transported to the
hospital and is making a miraculous recovery; he is speaking and walking but his heart is still
being tested. By the grace of God, Kala, BreAnna, and everyone can celebrate the lives that
were saved. The Fire Division acknowledged them each with a certificate that recognized these
two young individuals who chose to get involved. It takes a community to get involved and in
this case, there were miraculous outcomes.
Chief Leaming noted the certificates were a small token of the City’s gratitude. He invited both
young women to address Council and the audience. Ms. Stidham said it definitely was God’s
grace; it was not her. CPR was something she learned adding that she got an “A.” She
encouraged everyone to learn CPR; it is only a 1 to 1½ hour class and definitely worth knowing
– you never know when you might use it. (A standing ovation followed.)
AUDIENCE COMMENTS: None.
Traffic Commission: Councilman Propes said the Traffic Commission met on Monday,
August 6th. Items discussed included:

480 Chestnut Street – request for no parking on one side. They need more information before a
decision can be made because the citizen request was just too vague.
Request for No Parking Zone at the corner of Rockwell Drive and Buckskin Trail near Warner
Junior High School. XTC felt it was something that staff needs to investigate further. Parking on
both sides of the curb at that location makes it difficult for traffic visibility, especially when
school buses use the area.
Semi trucks using Miami Avenue as a thru street. One side of Miami Avenue has a sign
indicating semi trucks are not to use Miami Avenue as a thru street but the other side has no sign.
Staff will do further investigation.
Request for No Parking Zone in front of 36 N. Detroit Street (The Crossings of Xenia) until
Church Street construction is complete. No action was taken since the project will be done soon.
There are two vacancies on the XTC. One candidate will be interviewed next week for one of the
vacancies; he hopes to make a recommendation at the next Council meeting. Mr. Brown resigned
to return to college in Akron. He wished Mr. Brown the best. He did a wonderful job for the
Xenia Traffic Commission and will be missed. Information on the vacancy will appear on the
City’s Government Channel.
President Felton asked Mr. Jones to discuss the status of the reconstruction projects for Church
Street and South Detroit Street. Mr. Jones said on Church Street, much of the base course
material is down, asphalt should begin next week, followed by striping. Church Street should be
done in the next two weeks. St. Rt. 380/South Detroit Street improvements will begin Friday or
Saturday. South Detroit Street traffic may be down to one lane during the two-week project, but
it will remain open.
Greene County Regional Planning Commission: Councilman Propes said there were
no actionable items.
Board of Zoning Appeals: President Felton said no report would be given due to the
absence of Vice President Miller. He will give the report at the next Council meeting.
Motion by Councilman Propes, seconded by Councilman Esprit, to excuse Vice President Miller
from tonight’s meeting. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Esprit, to support the City Manager’s
Recommendations for 2007 Community Funding recipients as follows:
Agency
Program Target
Greene County Historical Society
OSU Extension Office
Smile Again Playhouse
Toward Independence
Galloway Log House Renovation
4-H After-School Program
Youth Outreach through Theater
Handicap-accessible bathrooms for their
“Creative Community Connections” Program
TOTAL - Line 101-1001-59199
Amount of
Award
$2,500
$2,500
$2,500
$2,500
$10,000
President Felton explained this is money budgeted annually to help local organizations. The Roll
Nays: None
motion carried.
OLD BUSINESS:
Response/follow-up to 07/26/07 Audience Comments regarding the Storm Sewer.
Mr. Merriman said Mr. Jones was investigating the situation. A few concerns were referred to
the Law Director. They will report more specifically on the issue at the next Council meeting.
Response/follow-up regarding the need for additional signage on handicap signs
indicating the $250 fine. Mr. Merriman said Mr. Jones’ staff was in the process of making the
additional signage. When the signs are done, it will be a top priority for staff to install them.
President Felton said she understood the ordinance was changed so volunteers could write tickets
in the downtown area under the new law. The signage has to be on every handicap parking sign,
regardless of the location. Mr. Jones said that was correct. President Felton noted the State
mandated the $250 fine. Mr. Jones said the reason they are installing the signs is so enforcement
of the fine can begin.
Xenia Water Plant Master Controls Upgrade – Rejection of Bids. Mr. Merriman said
five proposals were received, but none contained enough technical depth necessary to meet the
requirements. He respectfully requested Council reject all the proposals for the Xenia Water
Plant Master Controls Upgrade received on July 13, 2007.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to reject all the proposals for the
Xenia Water Plant Master Controls Upgrade received on July 13, 2007. No discussion followed.
Nays: None
motion carried.
Authorization to Execute a Contract for Consulting Services for the Downtown
Revitalization Planning Grant. Mr. Merriman said the City of Xenia is conducting a FY 2006
Tier One Comprehensive Downtown Revitalization Program Planning Grant using 2006 CDBG
Formula Funding for planning activities and using the FY 2006 Tier One Comprehensive
Downtown Revitalization Program Grant funding. He noted Ms. Crockett was available for
questions.
enter into an agreement with Kinzelman, Kline, and Gossman (KKG) in the amount of $30,000
to begin work on the FY 2006 CDBG Formula/FY 2006 Tier One Revitalization grant.
Discussion followed. Mr. Merriman offered to have Ms. Crockett briefly describe what the
program entails, its potential, and its importance to the community.
Ms. Crockett noted this matter has been discussed for the last 16 months; it took a bit of foundation
building to bring it to fruition. In June 2006, City Council passed a resolution authorizing the City
Manager to submit the FY 2006 CDBG Formula Program grant application, which included
$10,000 for downtown revitalization planning to be used in conjunction with a $5,000 match from
the City. In December 2006, City Council passed a resolution for the City Manager to submit a
grant application to the State of Ohio for FY 2006 Comprehensive Downtown Revitalization
Program – Tier One funds. The City received award of the grant for $15,000 in March 2007. Last
August, they met with the DART team to look at the downtown area, which was a prerequisite to
this planning initiative. To be eligible for the Tier Two Comprehensive Downtown Revitalization
Program Grant funding, this planning initiative must be done, which may make the City eligible
for up to $400,000 for downtown revitalization. A review committee consisting of the Assistant
City Engineer, Steve Brodsky from XEGC, City Planner Nimfa Simpson, Barb Zajbel (Chamber
of Commerce), the Assistant City Manager, and she met to review the proposals received. The
review committee met to discuss their review of the six respondent firms and recommended KKG.
Business organizations, Chambers of Commerce, and service groups, not cities, have typically
hired KKG. KKG knows how to read the market and shared information on Xenia’s
demographics. They were surprised there was a younger segment of the population to which they
could do marketing. KKG has a fresh approach and a way to talk to businesses in a way that often
City personnel cannot. KKG discussed how businesses could get a return on their investment
through downtown revitalization. Staff is eager to get started. If approved, planning for the next
steps will begin tomorrow.
Nays: None
motion carried.
Add Authorized Vendor to Fuel Supplier List, Passage of an Emergency
Appropriation Ordinance in the amount of $18,000, and Passage of an Emergency
Ordinance Waiving Competitive Bidding and Entering into an Agreement with W.C.
Storey & Son, Inc., for emergency repair to the City’s Fuel Storage and Dispensing System.
Mr. Merriman said the Xenia City Garage recently detected a significant problem with the
gasoline stored in an on-site storage tank. It was determined the fuel in the storage tank is
contaminated and further use by City vehicles will likely result in potentially significant harm to
the fuel systems, specifically the Police Division cruisers. The following three action items are
respectfully requested as a result of this problem.
Action 1: Motion to Add Vendor to Authorized Fuel Vendor List.
In order to correct the problem, the storage tank must be taken out of service, thus requiring the
Garage to seek a temporary vendor to meet the pressing fuel needs. The Greene County
Engineer’s Office agreed to supply gasoline to the City on a temporary basis, at cost, while the
problem is being corrected. This is a wonderful example of how the City and County try to work
together to bring about a positive resolution to situations such as this. He respectfully requested
the Greene County Engineer’s Office be added to the list of approved fuel vendors in order to
complete this agreement.
Motion by Councilman Esprit, seconded by Councilman Engle, to add the Greene County
Engineer’s Office to the list of authorized fuel vendors. No discussion followed. The Roll on
Nays: None
motion carried.
Action 2: Emergency Appropriation for Fuel Tank Repairs and Upgrades.
Mr. Merriman said after investigation, staff discovered the cause of the problem and identified a
course of corrective action. He respectfully requested Council approve an emergency
appropriation ordinance in the amount of $18,000 into the General Capital Improvement Fund to
accomplish fuel tank repairs and any necessary upgrades.
THE REPAIR AND UPGRADE OF THE CITY’S FUEL STORAGE AND DISPENSING
SYSTEM, AND DECLARING AN EMERGENCY.
President Felton asked for an explanation of the repairs needed that will cost $18,000.
Mr. Merriman said the initial estimate was significantly less. Based on information received
very late today, the State Fire Marshal will require some additional precautionary measures be
taken during the process, which will inflate the consultant’s cost. They are requesting an
appropriation of $18,000 to accommodate any additional problems the consultant may find.
Nays: None
motion carried.
Nays: None
motion carried.
Action 3: Emergency Ordinance to Enter into a Contract with W.C. Storey & Son, Inc.
Mr. Merriman respectfully requested Council pass an emergency ordinance waiving competitive
bidding and authorize the City Manager to execute a contract with W.C. Storey & Son, Inc., of
Cincinnati, in an amount not to exceed $18,000.
Councilman Engle presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITHOUT FORMAL COMPETITIVE BIDDING WITH
W.C. STOREY & SON, INC., OF CINCINNATI, OHIO, IN AN AMOUNT NOT TO EXCEED
$18,000.00 TO MAKE EMERGENCY REPAIRS AND UPGRADES TO THE CITY’S FUEL
STORAGE AND DISPENSING SYSTEM, AND DECLARING AN EMERGENCY.
Motion by Councilman Engle, seconded by Councilwoman Mills, that the rules requiring the
President Felton explained this motion was to allow the $18,000 just appropriated to be spent.
She understood the vendor is an expert in the field, and they may possibly install a new fuel tank.
Mr. Merriman said the City was grandfathered in under some older legislation. A retrofitting
and upgrading of some of the existing infrastructure would need to be done. The City has used
this company in the past; they outfitted the new tanks when the old ones were replaced.
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilwoman Mills, that Ordinance Number 07-36
Nays: None
motion carried.
totaling $257,977.57. No discussion followed.
Nays: None
motion carried.
Introduction of Ordinances and Resolutions:
Mr. Saunders presented an
ORDINANCE TO WAIVE COMPETITIVE BIDDING AND LEASE A XEROX 5050 COPIER
THROUGH GEYER’S OFFICE SUPPLY, INC. In 2002, the Law Department leased a Xerox
432ST through Geyer’s Office Supply, Inc. The 5-year lease has expired, and it is being leased
on a month-to-month basis at the regular monthly charge ($236.50). This copier also serves as a
printer and fax, but it does not scan documents. They obtained quotes for Xerox, Sharp and
Kyocera copiers from Geyer’s Office Supply, Inc. (Xenia), ProSource (Dayton), and
Consolidated Business Solutions (Franklin).
All quotes are for 5-year leases. The copiers are comparable in terms of features. Based upon
the quotes received, Mr. Lewis has requested that City Council waive competitive bidding and
lease the Xerox 5050 printer/copier/scanner/fax for the Law Department from Geyer’s Office
Supply, Inc., because it is located in Xenia and Council has requested they buy from Xenia
businesses.
President Felton entertained questions from Council.
Mayor Pennewitt noted the list price for the Xerox copier from Geyer’s Office Supply is $17,969
with the State contract price at $10,309, which is a difference of $7,660. Mr. Saunders agreed
the purchase price for the Xerox copier is $10,309 and the lease price over a five-year period is
$17,969. Mayor Pennewitt summarized the Xerox copier could be purchased through the State
contract at a savings of $7,660. Mr. Saunders said that was his understanding.
Councilman Engle noted quotes were received for a Xerox 5050, Kyocera 4050, and Sharp MCM350. He asked if they were standardizing copiers throughout the City in order to get a better
service contract and better service in general. Mr. Saunders said he did not know. He noted all
the copiers are capable of being integrated with their computer system.
Mr. Bazelak said two years ago they had a combined lease to go with Sharp copiers. A
committee demonstrated various copiers and recommended the Sharp copiers. Councilman
Engle asked if they were satisfied with the Sharp copier performance after the two years they
have been in use. Mr. Bazelak said to his knowledge, yes. As the copiers are used, the true test
will come a few years down the road; for now, they work great.
Councilman Esprit asked if Sharp was a local company. Mr. Bazelak said Sharp is not a City of
Xenia business. Mr. Saunders said the Sharp copier is offered through a different vendor. The
Xerox copier they are recommending be leased is provided through Geyer’s Office Supply.
Councilman Esprit asked if staff is pleased with the Sharp copiers they use. Mr. Bazelak said
yes. President Felton asked if Councilman Esprit would like to discuss the lease with Mr. Lewis
when he returns. Councilman Esprit said yes; he needed more information. President Felton
said this agenda item will be put on hold until it could be discussed with Mr. Lewis.
Second Readings of Ordinances and Resolutions: Mr. Saunders presented an
ORDINANCE ACCEPTING ANNEXATION TO THE CITY OF XENIA OF 391.614 ACRES
OF LAND LOCATED AT THE NORTHEAST CORNER OF VAN EATON ROAD AND
UPPER BELLBROOK ROAD IN BEAVERCREEK, SPRING VALLEY, AND XENIA
TOWNSHIPS, and it was read for a second time.
Motion by Councilman Propes, seconded by Councilman Engle, that Ordinance Number 07-37
Nays: None
motion carried.
Mr. Saunders presented an ORDINANCE AMENDING THE ZONING MAP OF THE CITY
OF XENIA BY ZONING 391.614 ACRES OF LAND LOCATED ON THE NORTHEAST
CORNER OF VAN EATON ROAD AND UPPER BELLBROOK ROAD OWNED BY
GERDES INC., THOMAS J. GERDES AND NANCY LEE GERDES AS A-1
AGRICULTURAL DISTRICT, and it was read for a second time.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, that Ordinance Number 07-38 be
now passed. Discussion followed. President Felton explained the land has been annexed and
will be zoned agricultural. If a builder would like to develop the property, it would require
rezoning and the builder/developer would have to go through the entire zoning process.
Nays: None
motion carried.
Mr. Saunders presented an ORDINANCE AMENDING SECTION 452.16 - PARKING FOR
DISABLED PERSONS OF CHAPTER 452 - PARKING GENERALLY, and it was read for a
second time.
Nays: None
motion carried.
Mr. Saunders presented an ORDINANCE AMENDING CHAPTER 298: FEE SCHEDULE
SECTION (b) FEES FROM PART FOUR - TRAFFIC CODE, and it was read for a second time.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Engle said he was
happy to be back in Xenia. He just returned from Washington, D.C, this evening where it was
103 degrees with a heat index of over 110 degrees.
Councilman Propes had nothing to share.
Councilwoman Mills reminded citizens on August 17th “Night at the Museum” would be shown
at Shawnee Park as part of “Movies in the Park.” A Xenia youth organization will offer
concessions. Sunday is “Music in the Park.” She noted the “Music in the Park” season will be
ending soon; she encouraged citizens to attend.
Mayor Pennewitt encouraged everyone to attend the Rail and Arts Fest on Saturday, August 25th
from 10 a.m. until 6 p.m. It is a lot of fun with various railroad and art displays. It is a great way
for a family to enjoy themselves.
President Felton said the VISX Ice Cream Social is next Sunday at Shawnee Park, which is held
in conjunction with the Music in the Park. She asked citizens to please check on their neighbors
during the heat wave.
Councilman Esprit said he attended the “Toast of the Town” tonight along with Mayor Pennewitt
and others. He welcomed his grandson and other relatives visiting from Georgia, Texas, and
other parts of the country.
Mayor Pennewitt said Saturday is a big event – Councilman Esprit and his wife will be
celebrating their 50th Wedding Anniversary. Councilman Esprit said he and his wife had 10
children (9 living), 19 grandchildren, and 8 great grandchildren. Congratulations were extended
by Council. (Applause followed.)
Nays: None
motion carried.
Xenia City Council
Xenia City Council
August 23, 2007
Special Session
6:00 p.m.
The Xenia City Council met in a Special Session on August 23, 2007, at 6:00 p.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller (arrived at
6:35 p.m.), Michael D. Engle (arrived at 6:20 p.m.), Dennis R. Propes, Jeanne Mills, Phyllis A.
Dr. Lee G. Esprit, Jr. was absent.
Greene County Building Inspection Contract. President Felton said Mr. Price would go
through the contract line by line. Mr. Price stated the first two paragraphs are the same verbiage
as the existing contract signed in November 1, 2000.
•
1A. – Changed Ohio Basic Building Code to the Ohio Building Code, which is based on the
International Code Council (ICC) Model Code. They take the Ohio Administrative Section, add
it to the ICC code and “Ohiolize” it. That code became effective July 1, 2007, based on the 2006
ICC code.
•
302.1 – States, “All buildings and structures shall be classified with respect to use in one (1) of
the use groups…” Every commercial building has a use group, which is identified in the contract
with the appropriate section.
Referencing businesses, President Felton asked if there was anything in the code that addresses
the remodeling of older buildings. Mr. Price said Chapter 34 addresses what they used to call
“historical” buildings. Mayor Pennewitt asked if they were grandfathered. Mr. Price said not
exactly; the architect will evaluate the existing building. For example, points are given for
installing a fire alarm or sprinkler system. There are trade-offs to making existing buildings
reusable.
•
Section 1B is a major change. For residential, they used to have the Ohio Building Official
Association (OBOA) One, Two, Three Family Residential Code. Last year the State Legislature
mandated a new residential code in Ohio. Staff came before Council in January 2007 and
requested permission to make application to become certified as a residential building
department, and permission was granted. The City maintains its commercial and residential
building certifications.
President Felton explained the City could still go back to doing our own inspections. Mr. Price
noted there are several options. The intention was to make the building standards for residential
the same in every city in Ohio. Prior to that, under the OBOA code, local jurisdictions could
make things more stringent but not less stringent. When originally written, there was no
provision to make any changes. Since it was passed, there are now provisions to do that. Xenia
has an ordinance that addresses wind strapping for rebuilds and new construction. If Council
wishes, he would be glad to go before the Board of Building Standards and petition them to have
wind strapping included in the residential code.
Mayor Pennewitt asked if inspectors had been enforcing wind strapping. Mr. Price said
inspectors had not been enforcing that for new construction. They enforced it after the tornado
for rebuilds and new construction, but because it was not in the OBOA code, they stopped
enforcing it.
President Felton clarified the City’s ordinance stated wind strapping would be enforced;
however, when Greene County began doing the City’s building inspections, their inspectors did
not enforce that requirement. Mr. Price agreed, but with the new contract, they will enforce the
City’s requirement for wind strapping after staff petitions the Board of Building Standards to
have wind strapping included in the residential code. President Felton asked Mr. Price if he was
prepared to contact the State to do that. Mr. Price said he was ready to make the phone call
tomorrow. All Council members agreed Mr. Price should move forward with the petition.
Motion by Mayor Pennewitt, seconded by Councilman Propes, to endorse the requirement for
wind strapping (aka hurricane strapping) that was previously approved by Council via Ordinance
No. 00-54, passed 10/12/2000. No discussion followed. The Roll on this was the following:
Ayes: Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
•
Section 2 – Changes were made to the wording to clarify who enforces commercial and
residential building codes. Ultimately, the Board of Building Standards determines the powers
and duties of the designated Chief Building Official of the City concerning all Chapters and
Occupancies as enumerated in Section #1 of the agreement. Al Kuzma, the Chief Building
Official, suggested the verbiage.
President Felton asked if that meant the State enforced the codes. Mr. Price said yes. The Board
of Building Standards sets the rules and regulations for building construction for residential and
commercial in the State of Ohio.
•
Section 3 – No changes. It simply says the County will use the permit fees collected as their fee
for doing inspections for the City.
•
Section 4 was added to the Agreement and already specified in the new Residential Code. After
discussions with Law Director Ron Lewis, they agreed site plan language should be reiterated.
The language is verbatim from Section 106.1.1, which states, “A site plan showing to scale the
size and location of new residential construction and all existing structures on the site, including
setback and side yard dimensions as outlined in Section 106.1.1 of the Residential Code shall be
required and enforced.”
President Felton clarified the site plans must come before the City for a zoning permit first.
Mr. Price said yes; a zoning permit would be needed prior to applying for a building permit.
President Felton reiterated the City would check the site plans. Mr. Price said that was correct.
President Felton and Mr. Lewis agreed this would eliminate the problem the City recently had
with the site plan submitted by Mr. Chrisman.
•
Section 5 – Is repetitive wording from Residential Code Section 109.3 and identifies the required
inspections for residential.
•
Section 6 – No changes.
•
Section 7 - Mr. Price said they propose to change how long the Agreement would be in effect.
Originally, the Agreement was in effect for one (1) year and every year thereafter, without
notification to the County or vice versa. The Law Department suggested the Agreement be in
effect for one (1) calendar year. The notification time to terminate the Agreement was reduced
from ninety (90) days to sixty (60) days.
•
•
•
•
•
Section 12 states, “The Department of Building Inspection agrees to provide to the City, at least
quarterly, a report indicating the number of commercial and residential building permits issued,
the number of final occupancy permits issued, and the number of temporary occupancy permits
issued.”
President Felton felt the report should indicate the number of permits issued and those still
active. Mr. Price said he talked with a building inspection representative yesterday and they do
not have a status function built into their system; they would have to manually look at every
permit to determine the status. President Felton clarified every building permit issued would
also have to have a zoning permit. Mr. Price said that was correct. President Felton asked if
there was a way for the City to set up a tickler file. For example, a permit is good for one year; if
construction is not finished, someone needs to find out what is going on and if the appropriate
inspections were done. If the County inspector did not follow up, City staff would never know.
Mr. Price said the County assured him the IT Department staff is working on writing a program
for their computer system that would generate a report to show that information. President
Felton suggested they temporarily use the “old” system, which is an old-fashioned paper pile.
Mr. Johnson agreed with President Felton. Additionally, staff could ascertain from the County
which zoning permits could be closed out. Notices could be sent to people notifying them their
zoning permits have expired. It would then be the responsibility of the permit holder to take
action before any further construction could continue.
President Felton noted, before former Community Development Director Joy Warner retired,
there were over 1,000 permits over two years old that had not been followed up on. She knew of
instances where construction took place without inspections. Mr. Johnson said staff would
follow up with the Building Inspection Department and return with a plan on how to handle the
situation in the interim. They would also encourage the County to move forward with a
computer tracking system.
Mr. Price distributed information on the number of permits issued in 2006 and 2007 to date,
which also shows the dollar amount the County received:
Residential
Commercial
2006
571
$116,107
297
Residential
Commercial
2007
357
$ 73,391
142
President Felton asked if Mr. Price had a copy of the County’s Fee Schedule – the County
discussed raising their fees. Mr. Price noted Section 3 states, “It is also agreed that the County
will notify the City any time the fee schedule is changed.” He distributed copies of the Greene
County Department of Building Regulation 2007 Fee Schedule. Some fees were raised in June
2007; they propose to increase fees in January 2008, and depending on the status of the building
industry, they may increase fees again in January 2009. Fees are based on square footage and
the formula is included in the County’s Fee Schedule. When determining residential fees, the
Fee Schedule indicates one would take the square footage times $91.36/sq. ft. for Habitable
Space and $45.68/sq. ft. for Non-Habitable Space. Commercial fees are a bit more difficult to
calculate. Those fees depend on whether the structure is valued at $250,000 or less. Different
values are used for different types of facilities.
Councilman Propes said it is standard practice to base permit fees on the dollar value of the
residence. President Felton asked for further explanation. Councilman Propes said fees are
based on the square footage and the dollar amount of the home. For example, the owner of a
2,000 square foot home valued at $250,000 home in Beavercreek would pay more in permit fees
than the owner of a 2,000 square foot home valued at $125,000 in Jamestown. He did not feel it
was an equitable way to determine fees. Mr. Price agreed that was standard procedure statewide
under the Ohio Residential Code; however, the Building Department can set their own rate
schedule.
Mr. Price concluded that staff feels there is a need to re-evaluate the 2000 Greene County
Building Inspection Contract. He entertained questions.
Mayor Pennewitt asked what it would cost the City of Xenia to have its own Building Inspection
Department. Mr. Johnson said, based on fees the City was able to collect, there is roughly a 2:1
ratio. It would cost the City twice the amount of the fees received in order to have a threeperson department, which would include a Chief Building Official, a Building Inspector, and a
secretary (which is the minimum). The estimate is based on a flat to moderate building level; the
City would collect more fees if there was a building boom, but that would also require hiring
additional staff or contractual services.
Mayor Pennewitt asked if Greene County was providing quality service to developers and
homebuilders versus the City providing the same service. Mr. Johnson said he only hears from
people who are unhappy with the services provided by Greene County, which makes it hard for
him to assess those that were satisfied. Mr. Price said Sections 4 and 5 are included in the
Agreement to enumerate exactly what the new Residential Code requires of a Building Inspector.
If they were not doing what is required, the City would have legal recourse. Another option is to
contract with a private building inspection company.
President Felton said after the tornado, the City entered into a contract with the County to do
building inspections. At that time, the City’s rates were considerably higher than those of the
County. She questioned Mr. Johnson’s estimate of what it would cost the City to have its own
Building Inspection Department. The Xenia Building Inspection staff did inspections, but she
understood Greene County has not been doing their inspections. Nevertheless, the new
Agreement requires the County to do the inspections. Mr. Price agreed; the Agreement
reinforces what is required by code.
President Felton asked if the County agreed with the Agreement. Mr. Price said Mr. Kuzma
indicated he had no problems with the Agreement. President Felton understood building has
slowed down but did not understand why the County hired only one Building Inspector instead
of two. Mr. Price said building has decreased by 35%. Greene County does inspections for all
jurisdictions in Greene County except for the city of Fairborn, the Village of Clifton, and the
Village of Bowersville.
President Felton noted Council would vote on accepting the agreement during the Regular
Session tonight.
Greene Park Plaza Tax Increment Financing (TIF).
Mr. Bazelak acknowledged
representatives for the developer were in the audience. He said the developer for Greene Park
Plaza, Paran Management, would like to erect market rate apartments and are asking for some
assistance from the City with regard to setting up a TIF. They wanted to get Council’s feelings
about the project and discuss the City’s involvement. He invited representatives for the
developer to do a brief presentation.
Ed Small of Paran Management said they would like to discuss an apartment complex they are
proposing for the Greene Park Plaza site. The site was once a retail site, but they are not likely to
see retail return to that site because recent improvements along U.S. 35 have redirected retail
away from that site. Some years ago, their company made a significant investment in the former
Kroger site before the other retail development occurred. They have spent years investigating
possible development opportunities for the site. They were willing to explore anything but only
want to do what would be consistent with the City’s plans for the site. For example, they were
approached to do light industrial on the site, but were told that prospect was not compatible with
the residential neighborhood. They explored entertainment uses (a movie theatre or bowling
alley) but for a variety of reasons were discouraged from doing that. From a market demand,
they believe the best use for the site would be market rate apartments. He showed a picture of
the proposed apartment complex and how the site presently appears.
Mr. Small said the building is 100,000 square feet. They propose to demolish the building and
build 102 apartment units on the 10-acre site. The units would be single story units with attached
garages, and rent at the high end of Xenia’s market rate. The units would be geared toward
people who like the amenities of apartment living, an attached garage, and a backyard to enjoy.
There would be a green space in the center of the site to reduce stormwater run-off as well create
a more aesthetically inviting area. Some changes they discussed with City Officials were
extending one of the drives to Dayton Avenue, which would allow two means of ingress/egress.
A market study was done that indicated Xenia could support the project. The Deer Creek
development reflects that demand. They would not be competing with Deer Creek because the
proposed units would not be three-story, garden style apartments. A denser project would give a
better economic return. The early efforts to make this project work included multi-story
buildings on the site totaling 160 units. However, after evaluating the project further, they liked
the idea of offering a different product type in order to draw people into Xenia, to diversify the
choices for residential housing, and reduce the density on the site. The project is viable from a
market demand perspective and a site use perspective. However, to do a quality project needed
to achieve the desirable market rates, to attract the caliber of residents they desire, to do the
infrastructure improvements required, and reduce the density through single-story apartments,
there is a significant gap. Without Tax Increment Financing, the return on investors’ money
would be 2% to 3%, which is not viable and they would not take it to market. His task was to
look at the site and determine what could be done that would work for the company and the
community. If they were able to go in with a TIF, they could return just over 5% to investors,
which is still a low return for real estate investors. They believe this is a long-term, safe
investment and could potentially have a more significant return; it is not appropriate for investors
who want to get rich quick. They believe this is an exciting prototype that could lead to further
developments of this type. Since they began discussions with members of the community,
members of the County have directed them to other communities within Greene County that
might be looking for a similar project to serve their market. Having a TIF is likely the only way
to move this project forward. Without the support of the City and Xenia Community Schools,
they will not seek the support of investors. The project could be completed by the summer or
fall of 2008, or as late as the spring of 2009. Capital markets are getting tighter making it more
difficult to get credit; interest rates and construction costs have increased. Delaying a project
does not usually equate to a better project. If they can get enthusiastic community support, they
will move forward. They believe eliminating the blight would benefit their company and the
community, create income tax for the City and the School District, and also increase property
values and stabilize the neighborhoods adjacent to the site.
Mr. Johnson said staff has spent a considerable amount of time discussing this issue. The site is
a unique property but not a stellar part of the community. They realize there are limits to what
can be done at the site. Staff has worked closely with the builder to strike a balance between
adhering to the City’s standards for this type construction and what the builder needs for
marketing and developing the project. A great deal of time has been spent discussing the street
and utility construction standards and safety of traffic patterns within the site and along Dayton
Avenue. They considered possible changes at Cox School and the entire development of that
area. Paran Management has been very cooperative. Staff supports the proposed development
as a good use for that area. They realize this is contrary to the general direction of developments
within the City (seeking the lowest possible density and shifting more toward home ownership
versus rental property). Given the existing use of the property and what the developer
investigated for alternate uses, staff requests Council seriously consider the proposal.
President Felton thought they had the “cart before the horse.” She said Mr. Bazelak discussed
TIFs at a work session at which only four Council members were present. This particular TIF
would be different from any other TIF they have previously done. Council was not informed
exactly how this TIF is supposed to work and what role the City would play, which is different
from what was done before. She asked Mr. Bazelak if her assessment was correct.
Mr. Bazelak asked if President Felton was referring to the TIF at the Xenia Towne Square.
President Felton said she was. Mr. Bazelak agreed this TIF was a little different; this is an
incentive district TIF as opposed to a general purpose TIF. As Mr. Small shared, they would
need the support of the Xenia Community School District and Greene County. President Felton
asked Mr. Bazelak to explain the City’s responsibility for the TIF in order for the project to move
forward, which was not discussed with Council. Mr. Bazelak said tonight staff wanted to
concentrate on two things: (1) What density Council wants to see (housing versus apartments),
which is contrary to the general direction of developments within the City. However, there is a
different issue at this location because of the blight. The developer has attempted to bring
commercial development to the site, which may be the best use from the City’s perspective,
particularly if they were going to do a TIF. Unfortunately, after research, the developer does not
feel retail development would be possible for this site, at least in the near future. (2) The
developer is asking for assistance in declaring the area as a TIF district, and as such, the City
would be involved in issuing some bonds for the public infrastructure and utilizing the property
tax proceeds from the improvements to make those debt service payments to fund the public
infrastructure. The City would be involved in that process, which is different from a normal
development. There is a lot of work yet to be done, and they wanted to have the work session to
get the feelings of Council on the project in general before doing any more work.
President Felton agreed it looks good on paper but it does not follow their normal procedure for
development, which goes to staff, then the Planning and Zoning Commission, and then to
Council. Her biggest concern was the TIF and the City’s requirements. They have seen part of
the plan at XEGC, but that is not normally how plans are handled. She wanted to know exactly
how the new TIF would work, and the City’s responsibility and commitment for the money.
Mr. Small stated a TIF is a way to use the future tax revenues to fund infrastructure
improvements upfront. He invited Attorney Martin Hughes to address Council.
Martin Hughes said he is a property tax law attorney who primarily works for school boards but
also for a few developers. In this scenario, the City would seek revenue bonds. There would be
a commitment to ensure those payments would be made, even if the value of the project changes.
It would not impact the City’s budget.
President Felton said that did not answer her question – she is looking at revenue. With the
City’s existing TIF, the City receives dollars in lieu of taxes and worked with the schools on that.
With this TIF, money would be paid to the City who would then pay off the revenue bonds; the
City would end up with no revenue on that phase. Mr. Hughes said from the payments in lieu of
taxes, a payment to the City would not have been included. President Felton thought the City
would receive no property tax, based on either today’s value or what it would be worth when the
project is completed. Mr. Hughes clarified no property tax would be collected until the bonds
are paid off. President Felton said that could be in ten, twenty, or even thirty years.
Mr. Brodsky referenced President Felton’s statement, “The City would receive no property tax,
either based on today’s value or what it would be worth when the project is completed.” The
City would collect tax revenue based on what is presently collected. Mr. Hughes agreed the City
would continue to receive the property taxes it presently receives. Based on the new value, until
the bonds are paid off, the City would not receive an incremental amount; the school would
receive some but not as much as the full amount would be.
Mr. Bazelak said the City gets 8% of the total property tax collection; most goes to the schools.
As discussed at last month’s work session, when they do a TIF, the City would get 100% [of the
total property tax collection] instead of the normal 8%. The additional funding would be used to
make payments on the revenue bonds issued to do the public infrastructure. The City would
have some protection in the TIF agreement, such as a requirement in the covenant that the
developer would be required to make the debt payment in case the development does not happen
as quickly as anticipated. There would be a Letter of Credit included that could be accessed
should that happen. Mr. Hughes agreed. The City would continue to receive every dollar in
property tax it presently receives. The incremental amount would not be general obligation, but
a revenue bond. To ensure the revenue bonds are repaid, there would be back up structures to
make sure those payments happen. President Felton asked the time limit on the bonds.
Mr. Hughes estimated the bonds would be paid off within 20 years. In theory, a TIF can go 30
years but the bonds will always be structured to be paid off in less time.
Mr. Small said without the TIF, the project will not go forward. The comparison is between
phantom income the City would get if the project moves forward without the TIF versus the
actual proceeds it would receive. However, that phantom income will not be realized unless the
TIF is approved since the project will not go forward without it. The real comparison might be
with the proceeds the City is receiving today. Some of those might be indirect; they calculate
$70,000 in income taxes yearly would be generated from residents living in the apartments.
Mr. Hughes said in years past, Mr. Small has been through different attempts at what to do on
this project, and he asked him for projections. Some projects worked better for them due to less
infrastructure costs, but were not as good for the surrounding community. They also would have
generated far less income tax. Since this project is at the upper end of rental units in the City of
Xenia, the residents would need to have higher income levels in order to afford the apartments.
There will be more income tax from this type of project as opposed to the other possibilities.
Although the demand on the TIF is a little higher, the income tax will also be higher.
President Felton said she has been involved in many TIF discussions, but many members of
Council have not had that opportunity. This TIF is so different from anything done in the past,
which is why she wanted Council to be briefed. She wanted to ensure everything is in order
before the project moves forward in any way. Mr. Hughes agreed. The commitment is that the
City will receive everything it receives today and not be asked to risk a dime. These will be
purely revenue bonds, and the City will not be asked to do a TIF for any costs that are not
absolutely necessary to make the project viable. Some developers will ask the City to “give
away the store” but that is not this developer. They tend to do projects on sites like this to turn
them into something nicer than is in the area presently. President Felton said she did not mean to
imply it was not a good development or that the developer is not doing a good job. She just
wanted to know the specifics, including being educated on the TIF.
Councilwoman Mills asked if market research supported a need for this type development. The
City is highly involved with the “Under One Roof” initiative. These apartments would be in the
same vicinity as Cox School and the high school football field. If Cox School and the football
field were relocated, how would that affect the apartments and the neighborhood? She
understood the TIF, but there are still a lot of unanswered questions.
Mr. Small clarified Councilwoman Mills was asking what impact future changes in the area
would have on the project. That decision would be in the hands of the City, which would be to
ensure that each investment in the community could compound every other investment. They do
not want development of an adjacent area to compete against their project. The City should
contemplate how they would like the general district to look. For example, if the City were
thinking about putting in an environmental dumpsite where Cox School is located, they would
rather not invest any money in their site. If the City was considering using the location as a
commercial site with amenities that are appropriate and compatible with a market rate apartment
project or other mixed residential usage, that would be compatible with the use and be to their
benefit. In today’s environment, things change so quickly. They are constantly asked to do
things they have never done before. The successful developers and communities are those that
can figure out what is appropriate to do and not keep falling back on what was done in the past.
On the other hand, they cannot just do anything new that is proposed, because mistakes will be
made. They must evaluate each situation and decide what makes sense. From the developer’s
standpoint, they need to ascertain from the community if this development makes sense, because
they do not want to invest any more time or money if there is no community support.
Mr. Small said in the interest of full disclosure, the existing buildings would be demolished
regardless of what happens with the proposed project. The Auditor recently decreased the value
of the property considerably, which will affect the taxes the City receives. He wanted to ensure
Council understood the taxes the City presently receives would not necessarily be what they
receive in the future. Referencing President Felton’s comments, she felt the developer was out
of order in coming to Council now before they have gone through the formal process with staff
and the Planning and Zoning Commission. Tonight’s meeting was to bring Council in early
enough so they had input, even though it is informal input, and for the benefit of the developer.
He reiterated they do not feel justified investing more time and money in this site if there are
reservations on the part of Council regarding this project.
President Felton said she wanted information on the TIF, so they would know what that would
entail, so the developer could work with staff on the design. Mr. Lewis said this is a concept
plan so Council would have something to visualize; they were not asking for approval of the plan
design. President Felton said after speaking with staff, she disagreed with Mr. Lewis.
Councilwoman Mills asked if there were similar apartments in Xenia (single floor with attached
garages). Mr. Small said he was not aware of any according to the market survey of the
surrounding area. One would have to drive a considerable distance to find similar apartments.
These types of apartments are popular in other parts of the state and nationwide. Councilwoman
Mills felt the apartments might encourage employees of WPAFB to move to Xenia. Mr. Small
noted attached garages are not available at Deer Creek, which also does not offer detached
garages to every resident. The only reason they discussed their concept plan with staff was so
they were not speaking about something so abstract that people could not understand roughly
where they were headed. This is strictly a concept plan. They will work with staff to ensure the
building materials are appropriate and the project is good for them and the community.
Mayor Pennewitt asked the number of bedrooms each unit would have. Mr. Small said they are
two bedroom units. Mayor Pennewitt asked how they planned to use the open space. Mr. Small
said it would be used as a green space for the site; it will also serve as a detention area to ensure
there is no flooding in the units or surrounding area, although the City Engineer said they are not
required to have a detention area. They offered to dedicate the space to the Parks and Recreation
Department to use as green space. Another plan had two roads with more units that worked
better for them. However, they decided the green space would offer a nice view when entering
the site and for the other reasons mentioned.
Mayor Pennewitt asked the estimated project costs. Mr. Small said the “hard” costs, which are
construction costs associated with development of the site, building construction, driveways,
landscaping, etc., are estimated to be $6 to $7 million, but that figure did not include the public
improvements. The overall costs will be higher than that when design fees, attorney fees, etc.,
are added. Mayor Pennewitt asked the market rental rate. Mr. Small responded the units would
rent for $750 to $800 monthly.
Councilman Engle believed Cox Elementary is at capacity. He understood the developer had
discussions with the School Board; he asked what their overall feeling was regarding the
capacity of Xenia Community Schools to accommodate 104 units with an average of one child
for each resident.
Mr. Small said typically these type apartments are not designed to appeal to people with
children. The School District officials have been supportive of the project. Sometimes School
Districts work at odds with cities, as if they do not realize they are part of the community. What
they should be trying to do is promote the overall interests of the community. The School
District officials very clearly stated they want to do what is best for the community. As long a
revenues are consistent and in line with what they receive today, they are willing to support the
TIF. President Felton said they work well with the Xenia Community Schools. Mr. Small said
the School officials shared that the use at Cox School may change, but gave no indication that
the use would be contrary to what they plan to do. This is an issue of trust. Investors trust that
communities will do things well, and investors decide where to invest based on that trust.
Communities reflect their trust based on decisions they make and which developers they support.
They are proposing a partnership – they will try to do the best they can for the community and
hope those interests align and that the City will do the same for them.
Councilman Propes said he liked the project concept; he felt it would be a good development for
the area. President Felton said they are not deciding tonight on the development, but whether to
support the TIF. Councilman Propes said he would like more information about the TIF, but
from what he understands so far, he might be in favor of it. President Felton asked Mr. Brodsky
to contact Councilman Propes about the TIF. Mr. Brodsky said he would and offered to answer
any questions other members of Council had on how the TIF would work with this particular
project. He will work with Mr. Bazelak to get answers to any questions.
Mayor Pennewitt said she was interested in the project and would like information on the TIF; it
sounds like a great project for that area.
Councilman Engle summarized options for the site are minimal; other options have been
investigated and found to be unsuitable or not viable. This unique application might interest
investors and be advantageous to the City. Mr. Small agreed that was their perspective.
Mr. Bazelak agreed with Councilman Engle’s summary; the developer has investigated other
uses and if not this, then what could they do to eliminate the blight. Council should not expect a
large financial boon to the City’s income from this project. There would be some potential
income tax revenue, but that is not guaranteed. Senior citizens or retirees, who typically have
lower incomes, may chose to reside in the units. Adversely, the apartment residents may have
higher income levels, which would have some financial benefit to the City in terms of income
tax. From his perspective, does Council want to eliminate the blight, which might not
necessarily result in a financial benefit to the City?
President Felton said she was looking at both. Councilman Propes agreed. President Felton
asked for a consensus to investigate the TIF further in terms of this project. All Council
members present agreed.
Mr. Small thanked Council for their support. They will work with Mr. Brodsky and assume
Council would contact Mr. Brodsky if they need more information from them or have questions.
He also encouraged Council to contact them directly.
The Special Session was adjourned at 7:15 p.m., and Council took take a ten-minute break before
convening into Regular Session.
Xenia City Council
Xenia City Council
August 23, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on August 23, 2007, at 7:25 p.m., in the City
D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
INVOCATION: Al Green, Athletes in Action, gave the invocation after which all joined in the
Pledge of Allegiance.
to approve the August 9, 2007, Special Session minutes as written. No discussion followed. The
Ayes:
Propes, Mills, Pennewitt, and Felton
Nays:
None
motion carried.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to approve the August 9, 2007,
following:
Ayes:
Engle, Propes, Mills, Pennewitt, and Felton
Abstain: Miller
Nays:
None
motion carried.
Board of Zoning Appeals. Vice President Miller said BZA met on July 23, 2007, to
handle a tabled item, which was a request for setback variances at 664 Vine Street. The home is
already almost finished, but it does not meet the front and side yard setback requirements. BZA
requested an opinion from the City Law Director, who advised BZA they could either grant the
variance or not grant the variance and order the home to be demolished. BZA struggled with the
decision, but they finally granted the variance and requested the builder to provide a surveyed
plot plan clearly indicating that the proposed house will meet the required setbacks before a
zoning permit is issued.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on August 2, 2007,
and reviewed and recommended approval of the Replat of Lot 5 of Progress Center, Phase II,
Hospitality Drive. Stephen Anderson, Executive Director for Greene County Regional Planning
Commission, gave an update on development happenings in Greene County. Under “Old
Business,” an update was given on the Review Committee for Parkland Dedication Formula
meeting.
Mayors & Managers: Mayor Pennewitt said the August meeting was cancelled.
Miami Valley Regional Planning Commission: Mayor Pennewitt said MVRPC
approved the final Western County Land Use and Transportation Study. An amendment to
MVRPC’s SFY 2008 – 2011 Transportation Improvement Program was approved. A Regional
Land Use Planning Initiative Progress update and transportation program overview was given.
Handouts were previously provided to Council.
August BRACA meeting was postponed. They will meet on Tuesday, August 28th at 7 p.m.
OLD BUSINESS: President Felton noted the City Manager previously shared updates via his
weekly newsletter. If something was not answered, please let her know and she will ensure the
answer is received.
Award of Bid for Firefighter Physicals 2007. Mr. Johnson respectfully requested
Council award the bid and authorize the City Manager to execute a purchase order to Corporate
Health of Ohio based on the unit prices bid in the amount of $11,890 to provide physical
assessments of the Fire Division employees. He noted Chief Leaming was available for
questions.
Motion by Mayor Pennewitt, seconded by Councilman Propes, to award the bid and authorize
the City Manager to execute a purchase order to Corporate Health of Ohio based on the unit
prices bid in the amount of $11,890 to provide physical assessments of the Fire Division
employees. Brief discussion followed. Councilman Engle asked if the City had a history with
Corporate Health of Ohio located in Franklin, Ohio. Chief Leaming said yes. They utilized
Corporate Health last year and were satisfied with the product. The vendor provides the physical
assessments on site, which allows physicals to be conducted without interrupting services. The
Ayes: Miller, Engle, Propes, Mills, Pennewitt, and Felton
Nays: None
motion carried.
Approval of Contract with the Greene County Building Inspection Department to
conduct building inspection services within the City of Xenia. Mr. Johnson respectfully
requested Council approve an agreement with the Greene County Department of Building
Inspections to conduct building inspections of both residential and commercial structures and
authorize the City Manager to execute same.
Motion by Councilwoman Mills, seconded by Vice President Miller, to approve the agreement
with the Greene County Department of Building Inspections to conduct building inspections of
both residential and commercial structures and authorize the City Manager to execute same.
Brief comment followed. President Felton noted Council spent a considerable amount of time
discussing this detailed contract during the Special Session held earlier this evening. The Roll on
Nays: None
motion carried.
Approval of Replat of Lot 5 of Progress Center Phase II. Mr. Johnson respectfully
requested Council approve the Replat of Lot 5, Progress Center Phase II. He noted City Planner
Nimfa Simpson was available for questions.
Motion by Mayor Pennewitt, seconded by Councilman Engle, to approve the replat of Lot 5 of
Progress Center Phase II. Discussion followed.
Councilman Propes noted Lot 5A showed no access from the road; would the easements be
through the Lowe’s and Wal-Mart parking lots? Ms. Simpson said yes. Lots 14 and 15 share a
common driveway with Wal-Mart and Lowe’s, which would be the most optimal situation,
necessitating no additional curb cuts for the additional lots. President Felton asked if there
would be cross access between the businesses. Ms. Simpson said yes. Staff did not want a
situation like the one in Beavercreek, where there is no access between Target and Toys-R-Us.
Nays: None
motion carried.
Introduction of a Resolution approving Preliminary Participatory Legislation for
GRE Jamestown Bike Path Extension PID 81703 required by the Ohio Department of
Transportation (ODOT). Mr. Johnson respectfully requested Council introduce a Resolution
approving preliminary participatory legislation relative to the completion of the Jamestown Bike
Path Extension project. He noted Ms. Simpson, Ms. Crockett, and Mr. Jones were available for
questions.
Vice President Miller said he just returned from Wisconsin, which has the third highest rated
bike paths in the nation. There was a noticeable difference in their bike paths. The bike paths
are not paved but use a very hard surface of crushed rock type material. The bike paths were
very easy to bike or walk on. There were also campsites close to intersections and towns. He
wondered if this could be an option for bike paths in Xenia. Some long distance bicyclists prefer
to camp rather than seek lodging in a hotel. President Felton noted camping is available in Old
Town. Ms. Simpson thought it was a good idea. Vice President Miller asked staff to discuss his
suggestion and get back with him.
President Felton asked what the bike path extension would cost the City. Ms. Simpson said the
local match funding is being supplemented by grants awarded to the City by ODNR Ohio Trails
Funds for $430,000, leaving an out-of-pocket local share for the City of $144,680. The City of
Xenia, through the City Manager, will submit a request for a five percent (5%) increase in the
federal share of the project for anticipated cost of construction due to inflation. The local share
of the project will not increase because the City received a grant from Ohio Capital for $200,000
that will cover the corresponding required increase in the local share. President Felton asked if a
bridge over Old U.S. 35 was still being considered. Ms. Simpson said they would not know that
answer until they meet with the project designer.
Vice President Miller introduced a RESOLUTION ENACTED BY THE CITY OF XENIA,
GREENE
COUNTY,
OHIO
APPROVING
PRELIMINARY
PARTICIPATORY
LEGISLATION RELATIVE TO THE COMPLETION OF THE JAMESTOWN BIKE PATH
EXTENSION PID 81703, and it was read for the first time.
Streetscape Lighting Award – Authorization for DPL Energy to Install Lighting on
South Detroit Street. Mr. Johnson respectfully requested Council waive the rule requiring the
reading of an ordinance at two consecutive meetings and adopt the proposed emergency
ordinance to transfer $41,347.00 from account 233-1443-55599 to account 233-1443-53290 for
the 2007 Streetscape Project and award a contract to DPL Energy in the amount of $41,347.00,
in order to complete the project in the 2007 budget year, and authorize the City Manager to sign
the proposed contract.
Motion by Councilman Engle, seconded by Councilman Propes, that the rules requiring the
Mayor Pennewitt thought the Streetscape Lighting Award was expensive; she did not realize it
cost $41,347 a month to lease the lighting plus pay for the usage. Mr. Jones explained the
$41,347 figure was a one-time cost to install and lease the eight (8) new lights. The first time the
City installed new lights, it cost $100,000. Mayor Pennewitt noted the energy cost for eight (8)
new decorative light fixtures is $715.08 per year, which she still felt was a lot of money.
Mr. Jones felt it was a bargain. President Felton clarified Mayor Pennewitt was referring to the
electric bill. Mayor Pennewitt said she wanted citizens to realize the cost of lighting. The eight
(8) lights cost $41,347 yearly. Mr. Jones disagreed. Mayor Pennewitt asked for further
explanation.
Mr. Jones said in recent years, the City entered into an agreement with DPL Energy for them to
own and maintain all of the City’s light fixtures along with providing energy. He asked DPL
Energy for a price to install lights on South Detroit between Main Street and Second Street. The
lights would be the same type lighting used on Main Street. The total cost for fixtures,
installation, and restoration of the concrete work is $41,347. The first time the City did the
lights, it cost $65,000, which does not reflect labor costs. The second time the City did the
lights, the cost was closer to $100,000. The City crews will still need to replace trees, install
planters (which they already have at the City Service Center), and replace benches where
required. The cost to run the lights for a year is $715.08. President Felton summarized DPL
Energy would take care of maintenance for all the lights. Mr. Jones said that was correct. These
eight (8) lights are not considered an asset because the City does not own them—the City is
leasing them.
Vice President Miller said the American Red Cross wanted one large night streetlight behind
their building. They had to purchase the light and the usage costs them $408 for the one light.
Councilman Propes said the streetlight in the back of his home costs him $20 a month. Vice
President Miller felt DPL Energy was offering a huge discount to the City. Mr. Jones agreed and
was surprised at the cost savings.
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilman Propes, that Ordinance Number 07-41
Nays: None
motion carried.
Motion by Councilman Engle, seconded by Councilwoman Mills, to award a contract to DPL
Energy in the amount of $41,347.00, in order to complete the project in the 2007 budget year,
and authorize the City Manager to sign the proposed contract. No discussion followed. The Roll
Nays: None
motion carried.
Emergency Ordinance to Appropriate Funds and Emergency Ordinance to Waive
Competitive bidding and enter into a contract for Landfill—Area F Passive Vent
Installation. Mr. Johnson said Council is being asked to waive competitive bidding for the
Landfill-Area F Passive Vent Installation, and respectfully request the appropriation of $53,839
to account #666-6905-53282 and the execution of a contract with MacTec Engineering and
Consulting, Inc., for the said project. He respectfully requested Council take two actions:
Motion #1: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings,
and adopt the proposed emergency ordinance to appropriate $53,839.00 into account 666-6905-53282 to
provide funds for the Landfill-Area F Passive Vent Installation and keep the City in compliance with
landfill regulations.
Motion #2: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings,
and adopt the proposed ordinance to waive competitive bidding as an emergency measure due to the time
needed to complete the Landfill-Area F Passive Vent Installation; and authorize the City Manager to
execute a contract with MacTec Engineering and Consulting, Inc. in the amount of $65,379.00 for the
project.
Mr. Johnson noted Jim Jones, Director of Public Services/Engineering, was available for
questions.
Councilman Propes asked why there was such a cost difference between the budgeted amount
and actual costs. Mr. Jones said they estimate the costs but have no idea what they will
encounter. EPA performs regular inspections. Methane gas concentrations at Area F of the
landfill have exceeded allowable concentrations for off-site gas migration for an extended period
(early 2004 to present). During the 2006 landfill inspection with the Greene County Combined
Health District and the Ohio EPA, this site was noted to be in violation and in contingent status
with a requirement to investigate, plan and begin gas remediation efforts to alleviate the
migrating gas. The City has no choice in this matter.
President Felton noted Council discussed this last year. Mr. Jones said Council would probably
discuss this issue for the next 30 years. The Passive Vent System was built as an attempt to avert
having to spend this additional money. Installation of more monitoring wells was required.
When EPA did samples, they found the gas was migrating more, and they have to ensure homes
in Laynewood are protected. This project is the cheapest “fix”, which is they are digging a 10’
deep hole, installing a perforated pipe, and filling it with large stones. This type of “fix” was
successful two to three years ago. It should work again, and hopefully they will no longer have
to deal with it. The alternative is to transport the methane gas or build another burner to burn the
gas. President Felton said last year Council discussed the landfill, the contract, and the fact they
had so much gas that was migrating, necessitating that something be done, which was why she
was surprised that only $11,500 was budgeted. Mr. Jones said mitigation was working; there
were no test wells in the areas they are now discussing. During EPA’s annual visit, they stated
they wanted to go further and for the City to put in more test wells. At that time, the only
information they had available was that there was migrating gas.
Nays: None
motion carried.
Nays: None
motion carried.
Vice President Miller presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING WITH MACTEC
ENGINEERING & CONSULTING, FOR THE PURPOSE OF PERFORMING THE LANDFILL AREA F PASSIVE VENT INSTALLATION, AND DECLARING AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Emergency Appropriation Ordinance and Approval to Bid S. King Street.
Mr. Johnson respectfully requested Council approve an emergency appropriation ordinance and
authorize the City Manager to advertise for bids for the S. King Street Flood and Drainage
project using FY 2005 CDBG/Distress funds and General funds. The City has an opportunity to
continue to use those funds to extend beyond the project recently completed in the area. He
requested Council consider two motions:
Motion #1: Waive a Second Reading and Approve an Emergency Appropriation Ordinance to
appropriate $71,221 in match funds to be transferred from the General (101) Fund to the
CDBG/Revolving Loan (601) fund to cover a portion of the needed $101,200 from the 601 fund and
appropriate said $101,200 from the 601 fund for completion of the 2005 CDBG/Distress Grant.
Motion #2: Authorize the City Manager to advertise for the S. King Street project.
He noted Community Development Director, Mary Crockett, was available for questions.
Councilman Propes presented an ORDINANCE AMENDING ORDINANCE NUMBER 07-07
TO MAKE ADJUSTMENTS IN APPROPRIATIONS FOR THE CURRENT EXPENDITURES
OF THE CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31,
2007, ASSOCIATED WITH THE ALLOCATION OF FUNDS AS AWARDED BY THE
STATE OF OHIO, OFFICE OF HOUSING AND COMMUNITY PARTNERSHIPS FOR THE
FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT/DISTRESS GRANT, AND
Motion by Councilman Propes, seconded by Vice President Miller, that the rules requiring the
Mayor Pennewitt noted the staff report states, “The original contractor completed some minor
water and sewer/flood and drainage work but their specs did not call for the completion of all
work needed…” She asked why. Ms. Crockett said from the time the grant was submitted in
2005, they thought the work could be completed on S. Galloway Street, but when the engineers
did the fieldwork, they discovered they could not do what they originally committed to do in the
grant. Therefore, this portion was not in the original bid specifications with the contractor, and
subsequently not completed. She discovered $77,940 was left for the City to draw from the
State, with no way to expend it on S. Galloway Street. In order to expend the remaining grant
funds, the City proposes to complete flood and drainage work on S. King instead of S. Galloway
Street, and receive an amendment and time extension from the State of Ohio to substitute the
work from S. Galloway to S. King Street. Mayor Pennewitt asked if S. King Street would
receive new curbs. Ms. Crockett said no; the money would be used to replace the old brick
storm sewer system, which is definitely in need of the work. President Felton asked if curbs and
sidewalks would be installed on S. King Street. Ms. Crockett said ‘no’ because there is not
enough funding through this grant.
Mr. Jones said the old brick storm sewer system needs to be replaced; staff did a little work on
the system last year. The $77,940 left from the grant will cover that replacement only. There are
four houses on S. King Street, with one means of ingress and egress. He noted Louderback
Plumbing is located there.
President Felton asked how far down the storm sewer system would be replaced. Mr. Jones said
the storm sewer system would be replaced from the south (where Louderback Plumbing is
located) to Main Street to just behind the businesses fronting Main Street, which is about 800
feet. President Felton understood the system would cross W. Second and W. Third Streets.
Mr. Jones said the system would not cross W. Second Street, because it is complete (including
manholes on both sides) and they don’t want to tear it up. When staff redid W. Second Street,
they installed a new piece of sewer pipe under the street so the stub could connect to any future
sewer lines without tearing the street up later for future improvements.
President Felton said she still had trouble with juggling and transferring money; she spoke with
Ms. Crockett about her issue. She would like further clarification later after Mr. Bazelak,
Ms. Louderback, and Ms. Crockett get it resolved.
Assistant City Manager, Brent Merriman, thanked the Finance Department for getting this issue
resolved and advising them on how to get the money allocated correctly. Ms. Crockett and
Mr. Jones were also excellent resources in attempting to muddle through this complex issue.
Whenever they receive grant funds, the last thing the City wants to do is return some money.
This was an opportunity to tackle a project important to Xenia. This is a victory and an
accomplishment for the City. Staff is very excited they found a resolution.
Nays: None
motion carried.
Motion by Councilman Propes, seconded by Vice President Miller, that Ordinance Number
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilman Engle, to authorize the City Manager
to advertise for competitive bids for the S. King Street project. No discussion followed. The
Nays: None
motion carried.
Items for the City Manager: Councilman Engle noted West Church Street looked good
and asked if there was a completion date. Mr. Jones said most of the paving is complete. Staff
will clean up the side streets tomorrow, do the sealing, and open the street after the lines are
painted next week. The timing of the signalization at Main/Detroit Streets will also be changed
at that time. Vice President Miller asked Mr. Jones to e-mail him when the street is open.
Mr. Jones said he would.
President Felton asked when S. Detroit Street would be blacktopped. Mr. Jones said everything
is done except the paving, which should be started on Monday or Tuesday, and should take one
or two days to complete.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to approve payment of bills
Nays: None
motion carried.
Councilwoman Mills,
Councilman Engle, and Vice President Miller had nothing further to share.
Councilman Propes reminded citizens to watch out for school buses and children since school is
back in session. He thanked his wife for taking care of their children all summer.

7/30/07 - Met with Blue Jacket Board President, Timothy Haney.
8/1/07 - Attended an “Under One Roof” meeting, an XEGC meeting, and the Holiday Inn
Anniversary Celebration.
8/2/07 - MVRPC meeting and Planning and Zoning Commission meeting.
8/6/07 - Volunteer reader for Leaders are Readers Week. The program is called “WORDS.”
Volunteers read current newspapers on the radio to people who are blind. It would be a
wonderful opportunity for participation by others.
8/7/07 - Rail and Arts Fest meeting and “Under One Roof” meeting.
8/9/07 - Attended the CMS (Custom Manufacturing Solutions) Open House. The factory in
located on Lower Bellbrook Avenue; they just purchased another building for their expansion. It
is wonderful to have a successful manufacturing business in Xenia.

8/9/07 - Attended the Toast of the Town.
8/11/07 - Attended the Back to School Weekend of Harvest Celebration at Lexington Park. This
was the first time she was invited to attend. Rev. Murphy and his wife sponsor this celebration
yearly. They collect clothes and backpacks and provide food and entertainment at Lexington
Park. They have two other events during the year. She could not believe these two individuals
did this on their own. The event was well attended; she was surprised at the number of needy
families.
8/13/07 - Attended an “Under One Roof” meeting.
8/14/07 - Met with Buckminn’s Harley Davidson staff to discuss Rusty’s Ride, an annual event.
Buckminn’s had an employee named Rusty, who worked part-time while completing
Beavercreek High School. Sadly, he was killed on his motorcycle. They hold the annual benefit
ride for Rusty’s family. Buckminn’s is quite involved in a number of benefits to which the public
is not aware.
8/14/07 - Attended the Miami Valley Military Affairs Association’s 27th Annual Dinner, and a
Rail and Arts Fest meeting. She reminded everyone the Rail and Arts Fest will be held Saturday,
August 25th from 10 a.m. until 6 p.m.
8/17/07 - Attended Relay for Life.
8/18/07 - Attended AHOP’s Backpack Blessing, which was quite an event also attended by other
members of Council. There was a lot of food and entertainment. It was a true blessing.
8/22/07 - Attended a community meeting with Senator Sherrod Brown, along with President
Felton and City Manager, Ken Johnson.
President Felton reminded citizens to offer assistance and check on those without air
conditioning.
ADJOURNMENT: Motion by Vice President Miller, seconded by President Felton, to adjourn
Nays: None
motion carried.
Xenia City Council
Xenia City Council
September 13, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on September 13, 2007, at 7:00 p.m., in the
City Council Chambers, City Hall, with the following members present: William R. Miller,
President Felton asked everyone to stand for a moment of silent prayer in honor of Norman Fear,
who passed away this week.
INVOCATION: Charlie Huff, gave the invocation after which all joined in the Pledge of
Allegiance.
APPROVAL OF MINUTES: Motion by Mayor Pennewitt, seconded by Councilman Engle, to
approve the August 23, 2007, Special and Regular Session minutes as written. No discussion
Ayes:
Miller, Engle, Propes, Mills, Pennewitt, and Felton
Abstain: Esprit
Nays:
None
motion carried.
SPECIAL PRESENTATION: Amy Baldridge, (Acting) Director of Curriculum and
Instruction, Greene County Career Center. Ms. Baldridge said the Career Center will ask
voters to approve a .75-mill Five-Year Renewal Levy this November that will not cost taxpayers
additional tax dollars. She shared a brochure that explained how they would use the levy
revenues and what high school and adult education programs are offered. Previously, they asked
voters to approve two (2) levies, but this time they listened to the voters. Although they want
more for the students, they have to respect the fact that people must live within their budgets.
They have a couple of adult education programs they are infusing into the high school programs,
which has been a “win-win.” Their drafting program allows adults to register at any time
because it is a self-based program, which allows adults more flexibility. The program allows
adults to interact with high school students. Adults foster a different role and bring a bit more
respect and a business/industry connection, which is good for the kids. Adults are humbled and
appreciative because when they are stuck, the high school students offer assistance. They offer
the same type program for precision machining. Students are offered the opportunity to earn
dual credits and skills that enable them to immediately enter the work force or take the dual
credits that can be articulated through various colleges in the area. She thanked Council for the
opportunity to discuss the Renewal Levy. If anyone is interested in showing support through
displaying a sign, they can contact Ron Bollinger at the Career Center; he is willing to deliver
signs. They would appreciate such support for the levy. Many Xenia students attend the Greene
County Career Center. She extended an invitation to everyone to tour the facility during the day.
President Felton reiterated this is a Renewal Levy, not a Replacement Levy, and will not cost
taxpayers anymore money.
Xenia City Council Meeting Minutes, 09-13-07, Page 2
Deputy Fire Chief: Chief Leaming introduced the new Deputy Fire Chief, Stephen (Steve)
Pegram. He was one of several candidates interviewed. Even at his young age, he has a lot of
experience in fire service and is a dynamic individual. The Deputy Chief will represent the Fire
Division at future Council meetings when he is unavailable. Chief Leaming invited Mr. Pegram to
address Council.
Deputy Fire Chief Pegram said before coming to Xenia, he spent seven years as the shift
commander and training officer at the Loveland-Symmes Fire Department in Hamilton County.
Prior to that, he was the first Deputy Fire Chief in Mason, Ohio, when the Mason/Deerfield Joint
Fire District and the City of Mason split their fire department in 1998. He helped create the City
of Mason Fire Department in four months. Prior to that, he was a civilian employee for the City
of Mason. Prior to that, he worked in Princeton, New Jersey, as a volunteer Fire Chief,
dispatcher, firefighter, instructor, and inspector. He was born and raised in Brooklyn, New York
and has no desire to return to a big city. He wished his daughter, Riley, a “Happy First
Birthday.” He and his wife Molly, who is a nurse in downtown Cincinnati, also have a four-year
old son, Jack.
Traffic Commission: Councilman Propes said the Traffic Commission met on
August 6th and discussed a few items from the previous meeting; however, there were problems
with the traffic counters so those items will be revisited. They also discussed further
investigating possible changes to the Hospitality Drive/Main Street intersection to keep drivers
from making illegal turns; staff is working on a few low cost initiatives. They continued
discussion on restricting semi-truck traffic on Miami Avenue.
Councilman Propes said there are currently two vacancies on the Xenia Traffic Commission due
to the resignations of two members. One letter of interest was received from Mr. John H.
Jenkins, 601 N. West Street, Xenia. He interviewed Mr. Jenkins and feels he will be a great
asset to the Commission. He is computer programmer and has lived in Xenia for several years.
Motion by Councilman Propes, seconded by Councilwoman Mills, to appoint Mr. John H.
Jenkins to fill a vacancy on the Xenia Traffic Commission with a term expiring on January 8,
2009. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
no meeting due to lack of actionable items.
Board of Zoning Appeals: Vice President Miller said the August BZA meeting was
cancelled due to lack of agenda items. There was going to be a request for a signage variance
but he advised the applicant to first contact staff, and they resolved the issue.
OLD BUSINESS: None.
Emergency Appropriation Ordinance and Approval for the Second Phase of the
ADA Handicapped Ramps/Curb Cuts using FY 2006 CDBG Formula Funds. Mr. Johnson
respectfully requested Council approve two motions:
Motion 1: Waive a Second Reading and Approve an Emergency Appropriation Ordinance to transfer
$10,000 in operating funds (601-5359-57110) to capital (601-5359-55508).
Motion 2: Motion to authorize the City Manager to advertise for the ADA Handicapped Ramps project,
second phase.
Councilman Esprit presented an ORDINANCE AMENDING ORDINANCE NUMBER 07-07
FY 2006 COMMUNITY DEVELOPMENT BLOCK GRANT FORMULA ALLOCATION, AND
President Felton invited Mary Crockett, Community Development Director, to discuss this
agenda item. Ms. Crockett said on June 8, 2006, Xenia City Council held a public hearing on the
FY ‘06 Community Development Block Grant funds and approved a resolution authorizing the
City Manager to submit an application for the FY ‘06 CDBG Formula grant application to the
State of Ohio. On July 12, 2007, Xenia City Council authorized the City Manager to enter into a
contract and to issue a Purchase Order for the ADA Ramp Replacement with Durst Brothers
Excavating in the amount of $63,745, although $92,000 was budgeted. Originally, the FY ‘06
CDBG Formula grant called for $87,100 in CDBG formula and $4,900 in General Fund match to
construct 61 handicapped-accessible curb cuts in the Priority Investment Area #5 bounded by
E. Church Street to the north, Columbus Street to the east, Hill Street to the south, and S. Detroit
Street to the west. The grant also provided $10,000 to AmBucs/GreeneBucs for the installation
of handicap ramps and fences for three disabled persons at their personal residences. This
summer the GreeneBucs representative asked to return their $10,000 grant to the City due to the
level of paperwork and requirements needed to build only three ramps. The State agreed to
allow the City to cancel that activity and move the $10,000 to the ADA handicap ramps/curb
cuts project, increasing it from the original $92,000 to $102,000, and adding another 32
handicapped curb cuts/ramps in the targeted area. Due to this transfer of $10,000 into the ADA
Handicapped Ramps project and the low amount of the Durst Brothers Excavating bid, there is
approximately $30,000 remaining to build another 25 handicapped curb cuts/ramps in the
targeted area. Although the ADA ramps were just bid, the State of Ohio requires that the City go
out to bid yet again for the remaining $30,000. The deadline for completion of this work is
December 31, 2007, so this work must be re-bid as soon as possible.
Nays: None
motion carried.
Nays: None
motion carried.
to advertise for the ADA Handicapped Ramps project, Second Phase. Discussion followed.
Vice President Miller asked how quickly they could advertise for bids. Mr. Bazelak said the
advertisement would be in the newspaper on Monday. The Roll on this was the following:
Nays: None
motion carried.
Emergency Resolution designating the Downtown Revitalization Target Area for
Participation in Small Cities CDBG. Mr. Johnson said the City of Xenia Community
Development Department applied for the FY 2007 CDBG Formula Allocation with two projects,
the second of which was for paving, landscaping, signage, and lighting on the City parking lot at
East Main Street and South Whiteman Street. A requirement of this project is that the City
parking lot must fall under the National Objective of Slum and Blight in order to qualify for
funding. To meet this objective downtown, a Downtown Revitalization Target Area must be
defined and inventoried, and a “Certification of Blighting Influences” must be sent to the State of
Ohio regarding the Downtown Revitalization Target Area.
Mr. Johnson respectfully requested Council waive a Second Reading and approve an Emergency
Resolution designating the Downtown Revitalization Target Area for Participation in Small
Cities Community Development Block Grant (CDBG) Programs and authorize the City Manager
to submit the required “Certification of Blighting Influences” for the Revitalization Area.
Councilman Esprit presented a RESOLUTION DESIGNATING THE DOWNTOWN
REVITALIZATION TARGET AREA FOR PARTICIPATION IN SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS, AND
reading of a resolution at two consecutive meetings be dispensed with and this ordinance be
Vice President Miller asked Ms. Crockett to explain why there are one or two trailers inside the
fenced in area on the east side of the S. Whiteman and E. Main Street parking lot. Ms. Crockett
she did not know why trailers were parked there, but she would find out.
Councilman Propes asked what affects—if any—the designation of “slum and blight” would
have on other areas of downtown. Ms. Crockett said she couched it somewhat as a “Downtown
Revitalization Southeast Quadrant Target Area”. HUD uses those terms in order for the City to
use CDBG dollars. HUD would not allow this to be approved as a “spot” of slum and blight as
they did at Xenia Shoe and Leather, which was an administrative decision made by the previous
City Manager. HUD said because this is a not just a building, they had to designate the entire
area. This particular designation only applies to this CDBG Formula Allocation. The
implications for the future are much more detailed work will be required. She thanked her staff
and City Engineering staff who took pictures and gathered information to complete the inventory
of all City owned parking lots, which was the first step. Much more in-depth research will need
to be done in the future to go after Tier 2 Business District CDBG dollars. Councilman Propes
wanted to ensure the public was aware the “blight designation” was just for the City’s effort to
obtain CDBG dollars. Ms. Crockett said that was correct. The Resolution is just applicable for
CDBG dollars and for this specific project.
President Felton referenced the final parking report. She noticed that within the last two weeks,
rarely were there vacant parking spaces in the S. Whiteman and E. Main Street parking lot.
Before completion of the parking lot renovations, they need to ensure there is parking available
for customers wishing to shop downtown. That may mean drivers with parking passes will be
asked to park in other lots. It was also difficult for her to find on-street parking because people
who work downtown park on the street. In order to help businesses, parking must be available.
She asked Ms. Crockett to explain to Council at a later date how the issue would be resolved.
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Councilman Engle, that Resolution Number 07-I be
Nays: None
motion carried.
Emergency Appropriation Ordinance for the Water Treatment Plant Filter Media
Project and Approval of Change Order #1. Mr. Johnson said staff was made aware of a
number of unplanned and unexpected items during the course of construction. Unfortunately,
the nature of these items was unforeseeable at the time the project was planned due to the
inaccuracy of the original plans and the age of the filters. Until the filters were disassembled, the
actual conditions could not be observed. Staff is requesting an emergency appropriation of funds
into the Water Capital Account to cover the unexpected costs. He noted Mr. Jones, City
Engineer/Public Service Director, was available for questions.
Mr. Johnson respectfully requested Council approve two motions:
Motion 1: Move to waive the rule requiring the reading of an ordinance at two consecutive meetings,
and adopt the proposed ordinance as an emergency to appropriate $154,319.00 into account #664-660255599 (Improvements-Other) to complete the Filter Media Project at the Water Treatment Plant.
Motion 2: Move to approve Change Order #1 issued to Fryman-Kuck by $154,319.00 for a total project
amount of $606,819.00 in order to complete the Filter Media Project at the Water Treatment Plant.
THE COMPLETION OF THE WATER TREATMENT PLANT FILTER MEDIA AND
UNDERDRAIN PROJECT, AND DECLARING IT TO BE AN EMERGENCY.
President Felton asked why the money was so far off. Mr. Jones said due to miscalculations
from the project design (based on incorrect original 1950 blue prints), media depth adjustments
in the filter beds was needed. The plans showed 10” of anthracite, and they had to put in 18” of
anthracite. Paint coat/sealants were discovered to have deteriorated beyond use and had to be
recoated. The old paint in the filter beds was flaking off and the walls of the beds have to be
scoured and repainted. They ran into an old design on the downspouts, which come in through
the roof, go over top of the clean water, and exit into the stream. If they leak, the City’s water
system would be contaminated. The outer wall sealant coat for the filter troughs is worn away
and the first wall layer is breaking down. Staff came up with an innovative design using PVC
pipe instead of a more expensive replacement. On an old project such as this, it is not unusual to
encounter problems; however, he was hoping they could get by without such extensive repairs.
President Felton said she wanted the public to be aware this is another example of old
infrastructure that needs to be repaired. Mr. Jones said the City has four filters and only one had
to be taken down; they only need one to operate. All need to be taken down on an alternate basis
and while they change out the high service pumps over the next few years. The anthracite and
other filter media caused the pumps to no longer function properly. What they are doing now
should last another 30 to 50 years.
Nays: None
motion carried.
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, to approve Change Order #1
issued to Fryman-Kuck by $154,319.00 for a total project amount of $606,819.00 in order to
complete the Filter Media Project at the Water Treatment Plant. Discussion followed.
President Felton asked if the contracts were complete, if the company is bonded, etc. Mr. Jones
said yes. After he spoke with President Felton, he realized he had met with Michelle Johnson
and prepared a procedural form, which was already in place. On another contract, they had
problems. He learned just today the contractor on the Galloway Street Project posted a bid bond
that rolled over to a performance bond. The bonding company did not inform the City that the
contractor quit paying on the bond and it expired, which is how the City had a contractor with no
bond. President Felton asked if there is a procedure in the bond agreement requiring the bonding
company to contact the City should the contractor not continue to pay for the bond. Mr. Lewis
said that is the procedure; however, the bonding company did not follow proper procedures. It is
like being a beneficiary on an insurance policy. If you had car insurance and did not pay the
premium, the insurance company would inform the lien holder. For some reason, the bonding
company did not do that. Mr. Jones said he now understood how procedurally the City had a
contractor with no bond.
Nays: None
motion carried.
Approval of Change Order #1 for W. Church Street Reconstruction Project.
Mr. Johnson said during the course of construction, several items arose that increased the cost of
this project. Many of the items could not be foreseen until the pipes under the street were
unearthed. Staff anticipated complications would occur due to the age of the utilities, and
appropriate funds were placed into the 2007 budget for this project. He respectfully requested
Council approve Change Order #1 in the amount of $50,272.63 for the West Church Street
Reconstruction Project and amend Purchase Order #58820 issued to Jergens Bales Contractors to
increase the amounts paid from account #664-4015-55503 to $70,541.46 and from account #6654015-55506 to $70,541.47. He noted Mr. Jones was available for questions.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve Change Order #1 in the
amount of $50,272.63 for the West Church Street Reconstruction Project and amend Purchase
Order #58820 issued to Jergens Bales Contractors to increase the amounts paid from account
#664-4015-55503 to $70,541.46 and from account #665-4015-55506 to $70,541.47. No
Nays: None
motion carried.
Items for the City Manager: Mr. Johnson noted the first reprinting of the City
historical walking and architectural tour was now available. He thanked Ms. Crockett, her staff,
and the Greene County Historical Society for their work on this project. Copies will be
distributed in various areas. The neighborhood walking tour highlights certain homes,
businesses, and buildings in Xenia, and gives a history of the area within the town as well as a
description of unique and beautiful architecture. It was an outstanding effort that addresses both
the historic nature of the City and the fact that Xenia is a bicycle and pedestrian friendly
community. It will also be placed on the City’s new website for people to access who cannot
obtain a hard copy. President Felton asked if copies were available for distribution at the City’s
Old Fashioned Days booth. Mr. Johnson said no, due to the limited number printed. If citizens
wish to have a copy, they can contact the Community Development Department. They asked the
Xenia Daily Gazette to print the first copies on newsprint; however, if someone wished to donate
funds, they are willing to upgrade it with better quality paper and add more color.
Award of Bid for 2007 Tax Forms. Mr. Bazelak respectfully requested Council award
the bid for 2007 Tax Forms to InSource Solutions Group, Inc., in the amount of $12,177.13, and
authorize the Finance Director to execute the purchase order. The cost is less than last year. He
noted Diana Steck, Accounts Receivable Manager, was available for questions.
Motion by Councilman Engle, seconded by Councilman Esprit, to award the bid for 2007 Tax
Forms to InSource Solutions Group, Inc., in the amount of $12,177.13, and authorize the Finance
Director to execute the purchase order. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
Approval of Additions to the Income Tax Rules and Regulations. Mr. Bazelak
respectfully requested Council approve a motion to amend the Income Tax Rules and
Regulations. These deal with taxpayer confidentiality and the ability to have payment
agreements. He noted Diana Steck was available for questions.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve a motion to amend
the Income Tax Rules and Regulations. Discussion followed. President Felton invited
Ms. Steck to address Council.
Ms. Steck said confidentiality continues to be a concern for taxpayers and the City, particularly
in light of recent problems experienced by the State of Ohio. The new proposed Article XVII,
Taxpayer Confidentiality, documents and clarifies the situations where taxpayer information can
be disclosed to a third party (including when a married couple files separately). The State of
Ohio is now requiring that a checkbox be added to the tax returns for the taxpayer to give
implicit authorization to their tax preparer to disclose information concerning their tax return to
the Xenia Income Tax Division and for the Xenia Income Tax Division to be able to contact the
tax preparer concerning their return. If the checkbox is not checked, the tax return cannot be
discussed with anyone except the taxpayer unless some type of written authorization from the
taxpayer is received. This protects both the taxpayer and the City. A form has been designed
that can be used to provide authorization for a third party to act as an agent for income tax
information. Copies of tax returns may be provided upon written request and proof of identity.
During income tax season, a minimum of 10 working days should be allowed for the fulfillment
of requests. At other times, if a taxpayer shows proper identification, they can obtain copies of
their return almost immediately, unless the department is short-staffed. Taxpayers sometimes
request copies of their prior year’s return literally a day before the deadline to file. This will put
the City more in line with what the State has recommended in terms of confidentiality.
President Felton asked if the utility billing and income tax records are backed up on disks daily.
Ms. Steck said yes. The current system does incremental disk backup every ten (10) minutes on
the hard drive; a tape backup is done nightly. The monthly backups are stored off site.
Councilman Engle asked what long-term safe guards are in place to ensure the City does not go
through what the State of Ohio recently experienced. Ms. Steck said Mr. Cardenas could better
answer that question. President Felton asked staff to inform Council of the answer.
President Felton asked how long records must be retained. Ms. Steck said they are required to
retain tax records for seven (7) years. Mr. Bazelak said the City has a record retention schedule.
Given the recent State of Ohio issues, he and Mr. Cardenas discussed how the City would handle
such a situation. As mentioned, staff routinely backs up information and the City has a safe
deposit box at an alternate location. Councilman Engle said he was concerned about the
technical savvy and sophistication of those that wish to extract the information illegally through
electronic access. As the seven-year limit of retention is reached, he asked how the City disposes
of the information to ensure the public that record destruction is done securely. Ms. Steck said
employees shred everything. Councilman Engle asked if staff uses cross cut shredders or strip
shredders. Ms. Steck and Mr. Bazelak said they did not know. Councilman Engle encouraged
the City to invest in cross cut shredders.
Ms. Steck said payment agreements have been provided to taxpayers with financial hardships for
several years. The new proposed Article XVIII, Payment Agreements, documents and clarifies
the situations where individual taxpayers are eligible for a payment agreement. The new rules
allow payment agreements only once every five (5) years to encourage taxpayers to make
quarterly estimated tax payments on their tax liability. The monthly compounded interest of
1.5% will be charged during the payment agreement period, but the 5% per month non-payment
penalty and the issuance of a court summons for non-payment is suspended as long as the
payment agreement is in force.
Nays: None
motion carried.
Introduction of a Resolution Accepting the Amounts and Rates as determined by
the County Budget Commission. Mr. Bazelak respectfully requested Council introduce a
Resolution accepting the amounts and rates as determined by the Budget Commission, authorize
the necessary tax levies, and certifying them to the County Auditor. This is the final step in the
2008 Tax Budget process.
Councilman Esprit introduced a RESOLUTION ACCEPTING THE AMOUNTS AND RATES
AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE
NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, and
it was read for the first time.
Motion by Councilman Esprit, seconded by Councilman Engle, to approve payment of bills
Ayes:
Abstain:
Nays:
Pennewitt
None
motion carried.
Mayor Pennewitt said she abstained because she is a member of the Greene County Historical
Society.
Items for the Finance Director: President Felton said someone asked what salary
Council members were paid, and she did not know. She asked Mr. Bazelak to let Council know.
Mr. Bazelak agreed to do that.
Emergency Ordinance approving the Supplemental Pages prepared by American
Legal Publishing for the Yearly Update of the Codified Ordinances. Mr. Lewis respectfully
request Council approve an emergency passage of the Ordinance to have an up-to-date
codification of the laws of the City, one which is consistent with current State law, and to
immediately allow the code to be distributed to staff and be accessible by residents, vendors,
businesses, etc.
Councilman Propes presented an ORDINANCE APPROVING THE EDITING AND
INCLUSION OF CERTAIN ORDINANCES AND RESOLUTIONS 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 DECLARING AN EMERGENCY.
Motion by Councilman Propes, seconded by Councilwoman Mills, that the rules requiring the
President Felton asked if the updated pages would be available on disks and via the computer
link. Mr. Lewis said yes. Staff is requesting this be passed as an emergency in order to update
everything as soon as possible.
Nays: None
motion carried.
Motion by Councilman Propes, seconded by Councilwoman Mills, that Ordinance Number
Nays: None
motion carried.
Second Reading of Ordinances and Resolutions.
RESOLUTION ENACTED BY THE CITY OF XENIA, GREENE COUNTY, OHIO
APPROVING PRELIMINARY PARTICIPATORY LEGISLATION RELATIVE TO THE
COMPLETION OF THE JAMESTOWN BIKE PATH EXTENSION PID 81703, and it was
read for a second time.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 07-J be
now passed. Brief comment followed. President Felton said these are the preliminary plans to
complete the bike path extension from Xenia to Jamestown. The Roll on this was the following:
Nays: None
motion carried.
Introduction of Ordinances and Resolutions. None.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Esprit had nothing
further to share.
Councilman Engle invited everyone to attend the Old Fashioned Day activities this weekend,
which should be an outstanding event.
Vice President Miller thanked everyone who supported Blue Jacket and First Frontier. He
encouraged everyone to see the Legend of Sleepy Hollow shown Thursday through Sunday at
8:00 p.m. through the end of September. Please contact the Blue Jacket/First Frontier office or
him for tickets.
Mayor Pennewitt said Tim Haney, Blue Jacket Board President, thanked Council for sending a
letters of support to the State of Ohio elected officials asking that they fund the program.
Funding has been approved. She extended her condolences to the family of Norman Fear, aka
“Stormin’ Norman.” He was a developer and builder who loved the City of Xenia. He was
instrumental in bringing Athletes in Action, Legacy Ministries, Lowe’s, and Wal-Mart
SuperCenter to Xenia. This community will miss him.
Councilwoman Mills said she was proudly wearing a purple band of honor for donating blood
today. She encouraged others to donate blood, which would be greatly appreciated by the blood
banks. They pray it will not be your family member that needs blood, but donating blood will
help many. Mayor Pennewitt noted donations of blood could be made locally.
Councilman Propes said he hoped to see everyone at the Old Fashioned Days activities; the
parade begins at 9 a.m. Please be mindful of all the people who may be attending and practice
safe driving. He recently attended the Legend of Sleepy Hollow play; it was a very funny play
and he highly recommended seeing it.
President Felton noted Council members would be in the Old Fashioned Days Parade. Most
members of Council were aware she and “Stormin’ Norman” had their differences. He fought
cancer bravely over the last few years, and his wife and sons will greatly miss him as will
Council. She received over 20 phone calls about the recent changes made by Time Warner
Cable. People are mad because channels were changed and the Hallmark Channel was
eliminated. The Hallmark Channel is good clean entertainment and especially enjoyed by senior
citizens. If citizens object to any of the changes, she suggested they dial the local cable office to
voice a complaint or call the corporate headquarters in New York at 212-484-8000. They would
welcome a Time Warner Cable representative coming to Xenia to discuss the changes.
adjourn the Regular Session at 8:03 p.m. to go into Executive Session to discuss pending
litigation. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
pending litigation with the same members present.
Motion by Councilman Engle, seconded by Councilman Esprit, to adjourn the Executive Session
and convene in a Special Session in the City Council Chambers with the same members present.
No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
The City Council met in a Special Session with the same members present and discussed the
“Under One Roof” project. Discussion centered on the City of Xenia’s ability to support the
production of an interpretive, interactive model of an “Under One Roof” project. The City’s
share toward the creation of a virtual concept design model would be $3,000.
FOR A CONTRIBUTION TO THE XENIA COMMUNITY SCHOOLS “UNDER ONE ROOF”
CONCEPT, AND DECLARING IT TO BE AN EMERGENCY.
Nays: None
motion carried.
Nays: None
motion carried.
Xenia City Council
Xenia City Council
September 27, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on September 27, 2007, at 7:03 p.m., in the City
Council Chambers, City Hall, with the following members present: Michael D. Engle, Dr. Lee G.
Esprit, Jr., Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and William R. Miller.
Patricia L. Felton was absent (motion to excuse her absence on Page 3). Vice President Miller
asked everyone to stand for a moment of silent prayer in honor of President Felton’s son-in-law,
Dr. Peter McGreen, who passed away unexpectedly last week at a young age.
INVOCATION: Alan Anderson, Greene County Commissioner, gave the invocation after
APPROVAL OF MINUTES: Motion by Councilman Esprit, seconded by Councilman Engle,
to approve the September 13, 2007, Regular/Executive/Special Session minutes as written. No
Ayes: Engle, Esprit, Propes, Mills, Pennewitt, and Miller
Nays: None
motion carried.
PUBLIC HEARING: Rezoning of 6.638 acres of land located south of Stelton Road and
west of Chestnut Street from R-4 Multi-Family Residential District to R-1C One-Family
Residential District, owned by Emmanuel Baptist Church. Vice President Miller explained
the procedures for the public hearing and asked for the staff report. Mr. Johnson asked City
Planner, Nimfa Simpson, to discuss this issue.
Ms. Simpson said prior to the consolidation of this parcel to its current 6.638-acre description, it
was a five-parcel lot. Parcels 3 and 4 of the original parcels are zoned R-1C One-Family
Residential District and parcels 1, 2, and 5 are zoned R-4 Multi-Family District. Wayne Falls
originally owned the parcels. Because of their limited access, he had a difficult time marketing
these parcels. The City’s Property Maintenance Inspector (aka Code Enforcement Officer), Liz
Duteil, had problems enticing Mr. Falls to maintain the property. Mr. Falls originally offered the
parcels to the City; however, due to the cost of maintenance, the parcels were not accepted. She
suggested to Mr. Falls that he donate them to the Emmanuel Baptist Church because the parcels
are adjacent to church property. The church recently added a multi-purpose center, and she
thought the youth group might be able to utilize the lots. Emmanuel Baptist Church accepted the
donation from Mr. Falls. After the acceptance, these parcels were consolidated into one parcel.
The immediate plan of the property owner is to sell the property to a church member who wishes
to construct a single-family home. The consolidation of the five parcels necessitates the
rezoning of this parcel to one zoning designation. None of the former five parcels had street
frontage and this access limitation was retained with the consolidation. Because of the limited
access, the R-1C zoning will be appropriate as this lowers the allowable density that can be built
on this parcel. Emmanuel Baptist Church will provide an access easement off Chestnut Street.
Ms. Simpson said the Xenia Planning and Zoning Commission held a public hearing on
September 6, 2007, regarding this rezoning request. One property owner (Bernard Andzik of
940 Chestnut Street whose property is adjacent to this parcel) raised some issues concerning the
following:
1. Access: Mr. Andzik claimed that there is no right of way at the end of Chestnut Street that
extends to the Emmanuel Baptist Church Property. City Staff verified there is a forty-foot wide
right of way.
2. Mr. Andzik raised concerns about the depth of sanitary sewer and the storm sewer outfall at the
end of Chestnut Street. Engineering has been made aware of these concerns, and they will be
addressed at the construction phase.
3. Mr. Andzik is concerned about the proposed driveway easement originating from Chestnut Street
through the Emmanuel Baptist Church Property that will be granted to this parcel. Because this
parcel is essentially a landlocked piece of property, its only access points are limited. If the
Church is willing to provide an access easement to this property to serve one residential structure,
the property owner has a right to this offer. Chestnut Street would have to be extended
(improved) to the northern property line of Emmanuel Baptist Church.
Ms. Simpson respectfully requested City Council introduce an ordinance to rezone 6.638 acres
south of Stelton Road and west of Chestnut Street from R-4 Multi-Family Residential District to
R-1 One-Family Residential District.
The Xenia Planning and Zoning Commission
recommended approval of the rezoning at their September 6, 2007, meeting.
Vice President Miller entertained comments or questions from Council members. Mayor
Pennewitt asked who would be responsible for paying for the expense of extending Chestnut
Street and for infrastructure improvements. Ms. Simpson said the expense would be that of the
property owner or the person to whom the church has a sales contract.
Vice President Miller opened the public hearing and invited those in favor of the rezoning to
come forward to speak.
William Urschel, 2624 Ketki Court, Xenia, said he is the clerk and an elder for Emmanuel
Baptist Church and a trustee for the property. The purpose for addressing Council is that the
church owns a parcel of property with ambiguous zoning. Due to the expense of obtaining
access and extending City utilities, the church has not decided whether to keep the property or
sell it. Either way, the zoning issue needs to be resolved. They met with Ms. Simpson and
others many times to determine how to make it work. They have gone to the expense of
notifying the community and welcome Council’s recommendations on the proper zoning.
Vice President Miller invited those opposed to the rezoning to come forward to speak. No one
came forward to speak. Vice President Miller invited those neither for nor against the rezoning
to come forward to speak. No one came forward to speak. Vice President Miller closed the
public hearing at 7:15 p.m.
Councilman Engle introduced an ORDINANCE REZONING APPROXIMATELY 6.638
ACRES SOUTH OF STELTON ROAD AND WEST OF CHESTNUT STREET FROM R-4
MULTI-FAMILY RESIDENTIAL DISTRICT TO R-1C ONE-FAMILY RESIDENTIAL
DISTRICT, and it was read for the first time.
Motion by Mayor Pennewitt, seconded by Councilman Esprit, to excuse President Felton from
the meeting due the death of her son-in-law. No discussion followed. The Roll on this was the
following:
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.
overseas, now more than ever, and bring them home safe. He commented on the negative
campaigning from those running for office. He would rather hear what they did or will do for
our country. He understood that 24 million women did not vote in 2004 because there were not
enough good choices on the ballot. He feels everyone needs to vote. He attended a meeting in
West Carrollton on Tuesday and the Superintendent of Schools was present who spoke on the
importance of teachers. He said they need three teachers in each school--one to teach the book,
one to teach financing (what money you get you have to manage), and the third must teach
students to be good mothers or fathers and to be a good family. Five out of 10 families are
divorced due to financial problems and other issues. Everyone must work within their budgets.
If two parents are not enough to raise children, how can one parent be enough? America has
changed and many things are different today. When George Washington was President, almost
3 million people lived in this country; today there are over 300 million. He wondered if George
Washington would he have split the country in two and have two Presidents. He did not know,
but he asked Council to think about what he said.
Planning & Zoning Commission: Mayor Pennewitt said XPZC met on September 6,
2007. After holding a public hearing, Commissioners recommended rezoning the 6.638 acres
south of Stelton Road and west of Chestnut Street from R-4 Multi-Family Residential District to
R-1 One-Family Residential District. City Planner Nimfa Simpson gave a presentation on the
overall recommendations of the Parkland Dedication Formula Review Committee. After
changes are made, the Commission will re-visit Section 1236.14 of the Codified Ordinances.
Mayors & Managers: Mayor Pennewitt said Mr. Johnson would give the report.
Mr. Johnson said a meeting was held in Troy on September 12th. The first presenter was the
Director of the Montgomery County Board of Elections. He discussed the problem many Boards
are facing, i.e., recruiting an adequate number of poll workers. In Montgomery County, they
need 2,200 poll workers to staff all their precincts. In 2004, the Ohio General Assembly passed
HB 262 that allows government employers to enter into agreements with the Board of Elections
to release public employees (with pay) to work at the polls, which has brought forth interested
employees and volunteers. The second presentation by Martin Kim, Director of Regional
Planning for MVRPC, was an overview of the Regional Land Use Planning Initiative. A flow
chart was shared with Council. The MVRPC Committee initially approved the project.
Following some preliminary research, it was presented to stakeholders. Phase I: “Where are we
now?” will look at land suitability assessment and land use demand assessment. Phase II: “What
are our future options?” slated for 2009 and 2010 will look at future land use scenario
development (where and how to grow) and impact assessment (fiscal, infrastructure, and
mobility impacts.) Phase III: “Shared Vision” slated for 2011 is developing a shared vision for
land use where they will do a region based growth framework. The reason for their presentation
was to encourage jurisdictions to be actively involved since it would conserve local government
resources, balance development preservation, foster more cooperation, increase awareness of the
planning process, and ultimately prevent inefficient developments.
Miami Valley Regional Planning Commission: Mayor Pennewitt said a meeting was
held on September 6th. Members approved the SFY 2008 – 2011 Transportation Improvement
Program, SAFETEA-LU Funds Availability Report and Project Solicitation Request, an updated
STP-CMAQ and TE Policies and Procedures. Members also approved the 2008 Update of the
2030 Long Range Transportation Plan and an Initiating Committee to Oversee Development of
Regional Land Use Planning Committee. A Miami Valley Housing Assessment presentation
was also given.
met on August 28 and brainstormed for ideas to further support the Xenia community. Over 20
new ideas were presented, of which the top three projects were chosen and will be followed
through to completion. Those three priorities are the “Spirit Event” scheduled for October 12th,
the “Halloween Event” scheduled for October 30th, and “Make a Difference Day” scheduled for
October 27th. BRACA congratulated the Xenia Parks and Recreation Department on their
successful summer park programs: “Music in the Park” and “Movies in the Park.” The Board is
looking forward to supporting that department in their 2008 season.
Councilwoman Mills said BRACA met again on September 11th. They continued working on
the three October projects. The “Spirit Event” on October 12th will be held at the Cox Football
Field area. BRACA is supporting the Xenia High School Student Council with this activity. The
student tailgate experience is scheduled for 5 to 7 p.m., prior to the Homecoming football game.
The “Halloween Event” at Xenia Station is planned for October 30th from 6 to 9 p.m. (Beggar’s
Night). BRACA plans to volunteer and help with other items to be discussed at their next
meeting. This is the second year for this event. Last year, there was a haunted house, games for
which children won candy. She noted it was well supervised. She extended an invitation to
everyone to attend; all that attended last year had a wonderful time. “Make a Difference Day” is
scheduled for October 27th. A committee of BRACA members and City employees is working
in collaboration with the City Parks and Recreation Department. This event is in the early
planning stage and more details will follow. The Parks and Recreation Department is working
on the basketball season. The program is for cheerleaders in grades 4, 5, and 6 and basketball
players in grades 5 and 6. The next BRACA meeting is October 9th at 7:00 p.m.
Mayor Pennewitt asked if the dates mentioned by Councilwoman Mills would be on the City’s
Government Channel. Councilwoman Mills said she was not sure, but she would check. Vice
President Miller suggested Councilwoman Mills contact the City Clerk.
ITEMS FROM CITY COUNCIL AND MAYOR: Mayor Pennewitt said on Tuesday morning
she attended the Partners in Education Breakfast. The City of Xenia (and several members of
Council who serve on the “Under One Roof” Committee) received an award. The “Meet Me at
the Station” program has been in existence for eight years, which is a partnership between the
City of Xenia, the Historical Society, and the Xenia Board of Education. Third grade students
are invited to attend and learn local history; over 3,000 students have attended over the eight
years. This program and its partnership was recognized at the breakfast and awarded a plaque.
The plaques will be displayed in the City Council Office.
OLD BUSINESS: None.
Emergency Appropriation Ordinance for Water Treatment Plant Diking Project.
Mr. Johnson said the Water Treatment Plant (WTP) was built in the 100-year flood plain; the
finished floor elevation of the WTP is at the 100-year flood elevation. The entire area around the
plant floods during the rainy season and gets close to the doors of the plant at times. Any
electrical components at that level would probably be lost also. This loss could cost the City at
least $750,000, but even more important, the City would be without water for a very lengthy
period. Therefore, it is being requested that the City immediately revise and implement the
diking project for the water plant that would protect the high service pumps and other necessary
water service equipment from such a catastrophe. He respectfully requested Council waive the
rule requiring the reading of an ordinance at two consecutive meetings, and adopt the proposed
ordinance as an emergency to increase transfers in the amount of $300,000 in the Water Revenue
Fund (611) and appropriate $300,000 in Capital in the Water Replacement and Improvement
Fund (664) to immediately implement the diking project at the WTP. He noted Jim Jones, Public
Service Director/City Engineer, was available for questions.
THE COMPLETION OF THE WATER TREATMENT PLANT DIKING PROJECT, AND
Motion by Councilman Engle, seconded by Councilman Esprit, that the rules requiring the
Mayor Pennewitt asked if this would come back before Council if staff were unable to do the
work. [Staff report states, “This may be able to be constructed by the Service Department staff, if
available; otherwise it will be contracted out as an emergency.”] Mr. Jones said if the work
were contracted out, it would come back before Council.
Vice President Miller asked if there was federal money available for the project, and if so, could
the City be reimbursed for the expenses or use this money as leverage. Mr. Jones said if there
was federal money available for the project, it would have to be approved upfront and not try to
get reimbursed. The money could be used for leverage, but that would be the extent of the
money. Vice President Miller asked Mr. Jones to check to see if federal money was available for
this mitigation. Mr. Jones agreed to check. They have to go to the Army Corps of Engineers
anyway for a permit.
Councilwoman Mills asked what would be considered a “lengthy time” for the City to be without
water. Mr. Jones said if the equipment was damaged in a flood, it could take 6 to 12 months to
get new pumps. Councilwoman Mills felt if that happened, it would devastate the City, which is
why it is important to approve this ordinance tonight. Mr. Jones said the only alternative would
be to borrow a pump from someone who might have something close to what is needed and
could be used temporarily. When pumps are ordered, they allow nine months for delivery.
Nays: None
motion carried.
Nays: None
motion carried.
Award of Bid for the Cleaning, Redevelopment, and Repair on the Pump/Motor for
Wells #2 and #5. Mr. Johnson respectfully requested Council award the bid to Moody’s of
Dayton, Inc., for the cleaning, redevelopment, and repair on pump and motor for Wells #2 and
#5, and issue a purchase order to same for an amount not to exceed $23,503.00 for Well #2 and
an amount not to exceed $23,503.00 for Well #5. He noted Jim Jones was available for
questions.
Motion by Councilman Propes, seconded by Councilwoman Mills, to award the bid to Moody’s
of Dayton, Inc., for the cleaning, redevelopment, and repair on the pump and motor for Wells #2
and #5, and issue a purchase order to same for an amount not to exceed $23,503.00 for Well #2
and an amount not to exceed $23,503.00 for Well #5. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Award of Bid for Xenia Fire Division Uniforms for 2008 and 2009. Mr. Johnson said
a Request for Proposal (RFP) was developed by the Fire Division for uniform items. Due to the
large quantity and availability of various items, staff is recommending two vendors be awarded
contracts to ensure timely delivery. He respectfully requested Council award the bid for 2008
and 2009 Xenia Fire Division uniforms and authorize the City Manager to execute purchase
orders to David’s Uniforms and Galls for their bids on individual items as needed per the as-bid
prices per City specifications. He noted Deputy Fire Chief Stephen Pegram was available for
questions.
Motion by Councilman Engle, seconded by Mayor Pennewitt, to award the bid for 2008 and
2009 Xenia Fire Division uniforms and authorize the City Manager to execute purchase orders to
David’s Uniforms and Galls for their bids on individual items as needed per the as-bid prices per
City specifications. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Mayor Pennewitt said she appreciated the details provided to Council.
Approval of Extension of Lease with Xenia Sand and Gravel for the Xenia
Demolition Landfill. Mr. Johnson said since 1990, the City has leased land adjacent to the
former City landfill to a contractor who mined gravel and sand and then used the excavated area
to receive construction debris. The agreement was extended for three 5-year time periods in the
past. Based on pending regulatory changes and the unknown impact on the C&D landfill
operations, the current lease was extended for one year and was scheduled to expire on
December 14, 2006; a second one-year extension is due to expire in December 2007. The Lessee
had indicated that they were interested in a long-term lease that would allow them to make
significant capital investments in operating equipment and have time to recover those
investments. The proposed 15-year extension provides for greater regulatory communication
and oversight by the City along with an increase in the rate due to the City from 6.5% to 7.75%.
He respectfully requested Council authorize the City Manager to execute the proposed renewal
of the Gravel Pit Lease for an additional fifteen-year period at a rate of 7.75%.
execute the proposed renewal of the Gravel Pit Lease for an additional fifteen-year period at a
rate of 7.75%. Discussion followed.
Mayor Pennewitt said she was concerned about the 15-year lease. How would they know
increasing the rate to 7.75% would be enough to cover the 15-year lease? Mr. Johnson said that
is the percent of value of each delivery made there daily. The City will receive revenue of
approximately $65,000 per year, which is estimated to be more than enough even if the landfill
would need to be closed (should the Lessee not complete the closure activities). The contract
requires the Lessee to maintain a bond through the Greene County Combined Health District that
also ensures closure activities. Both the legal and industrial reviews of similar projects have
estimated this would be more than sufficient to provide that.
Mayor Pennewitt said one member of Council wanted assurance that the Law Director had
reviewed the contract since some items in the contract were left blank. Mr. Johnson said the
Law Director has reviewed the contract.
Councilman Propes asked how long the landfill would be useful, i.e., when they would run out of
headspace? Mr. Johnson said, under State regulations, the life of the landfill is determined by
the slope and water fill and also by the elevation height allowed. From their research, there
would be life beyond the 15-year contract term, and they would not be much above ground grade
at that time. Councilman Propes said he has seen the EPA approve landfill elevations higher
than significant landmarks in various counties, such as the Rumpke landfill in Cincinnati. In
Logan County, the landfill is approved to exceed the highest point in the State of Ohio. From a
public relations standpoint, the landfill owner decided against using that headspace because they
did not want the negative publicity. He is concerned about the 15-year lease and the height of
the pile. As Mr. Johnson mentioned, the landfill can go a little above ground level, but does that
mean 5 feet or 20 feet more? Knowing what the EPA has allowed in the past in other
communities, he feels the EPA will allow whatever fits their regulations and not what the
community sees as in their best interest, which is why he did not like the 15-year lease.
Vice President Miller noted the City is receiving 7.75% of the total revenue. If the dump charge
is increased, the revenue would also increase. Mr. Johnson agreed. During the bargaining
process, the vendor wanted the City to approve a flat fee per load, but the City did not agree.
Ayes: Engle, Esprit, Mills, Pennewitt, and Miller
Nays: Propes
motion carried.
Approval of Government Access Channel Policy: Mr. Bazelak said the City’s
Government Access Channel is one of the main communication arms of the City of Xenia and
should primarily be used for City sponsored/affiliated events and announcements. Over the last
several years, it has become apparent that a policy is necessary to give clear guidance to staff,
residents, business owners, non-profit organizations, etc., on the types of electronic programming
suitable for this channel, the priority of that programming, and prohibited programming. The
policy addresses other issues such as how to submit a request, editing of electronic messages,
liability, and conflict resolution. He respectfully requested Council approve the policy.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to approve the Government
Access Channel Policy. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Nays: None
motion carried.
Second Readings of Ordinances and Resolutions: Mr. Saunders presented a
RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE
BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND
CERTIFYING THEM TO THE COUNTY AUDITOR, and it was read for a second time.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Resolution Number 07-K be
Nays: None
motion carried.
Councilwoman Mills had nothing further to share.
Councilman Engle and
Councilman Propes wished “Happy Birthdays” to his two daughters, Gabby (now 5) and Isabella
(now 2), who recently had birthdays. He reminded the community that this is the last weekend
for the performance of “Sleepy Hollow” and encouraged everyone to attend. Vice President
Miller said tickets to the performances are now “buy one, get one free”.

9/6/07 - Attended an MVRPC meeting and Xenia Planning and Zoning Commission meeting.
9/10/07 - Attended an “Under One Roof” meeting and the Victorian Town House Renovation
Celebration.
9/12/07 - Attended a “Meet Me at the Station” meeting and Mayors & Managers meeting.
9/14/07 - Attended Old Fashioned Days activities.
9/15/07 - Participated in the Old Fashioned Days parade.
9/16/07 - Issued a Proclamation at the AME Pastor’s Appreciation Day Event.
9/19/07 - She and County Commissioner Alan Anderson were members of the Air Force Civic
Leader Tour group that visited the Patrick Air Force Base in Cape Canaveral, Florida. The 445th
Airlift Wing and the 88th Air Base Wing of Wright-Patterson Air Force Base sponsored this tour.
They flew in a C-5 Galaxy owned by the 445th Airlift Wing and visited the 920th Reserve Wing,
the Air Force Reserve Command’s premier combat research and rescue unit; it was very
interesting. The Wing trains and equips over 1,200 airmen to locate and recover U.S. Armed
Forces personnel during military operations. Additional missions include providing rescue
support for Space Shuttle missions, providing search and rescue support for civilians who are lost
or in distress, and lending support in humanitarian and disaster relief operations, such as
Hurricane Katrina, during which the Wing recorded saving more than 1,000 lives.
9/22/07 - Attended the Eagles 100th Anniversary Celebration.
9/25/07 - Attended the Partners in Education Breakfast (received awards/plaques for the “Meet
Me at the Station” program and as a member of “Under One Roof” committee.)
9/26/07 - Participated in “Meet Me at the Station.”
9/27/07 - Attended a ribbon cutting ceremony at X*ACT (Xenia Area Community Theatre). She
encouraged everyone to visit the new thrift shop.
Vice President Miller thanked everyone involved with Old Fashioned Days – it was a great
success. Many vendors said they would return next year. The Water Street Historical District
has had a booth for 13 years. The Chamber of Commerce and many others worked very hard
and did a wonderful job. He also thanked the Shriner’s Club for their second year of
involvement; over 26 different units participated in the parade. The Shriner’s Club does a great
job and raised money for the Children’s Hospital Burn Unit.
Councilman Esprit wished Councilman Propes’ daughters “Happy Birthday!” This past
Saturday, he attended the Greene Memorial Hospital Pig Roast at Gilbert’s Party Barn. It was a
grand affair, and he encouraged others to attend next time. It was an opportunity to meet people;
he talked with the Greene Memorial Hospital Chairman and his wife and he shared that Council
supports GMH and would like to see GMH remain in Xenia.
ADJOURNMENT: Motion by Councilman Esprit, seconded by Councilwoman Mills, to
following:
Nays: None
motion carried.
Xenia City Council
William R. Miller, Vice President
Xenia City Council
October 11, 2007
Executive Session
6:00 p.m.
The Xenia City Council met in an Executive Session on October 11, 2007, at 6:00 p.m., in the
Michael D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
Motion by Councilwoman Mills, seconded by Councilman Propes, to go into Executive Session
to discuss the Purchase or Sale of Land. No discussion followed. The Roll on this was the
following:
Nays: None
motion carried.
The City Council convened in Executive Session to discuss the Purchase or Sale of Land.
Special Session
6:30 p.m.
The Xenia City Council adjourned the Executive Session to convene in a Special Session on
October 11, 2007, at 6:30 p.m., in the City Council Chambers, City Hall, with the following
members present: William R. Miller, Michael D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis
A. Pennewitt, and Patricia L. Felton.
Update by Greene County. Greene County Commissioner Alan Anderson said he wanted to
share some information with Council on what he has learned as a Commissioner. He recently
spoke with a retired General Motors employee. He shared that there were many jobs in Greene
County, some of which went unfilled. The client shared that his grandson needed a job. He
asked him if his grandson had any post secondary education. He said no, because his grandson
could not afford to attend college. He told him Clark State Community College and Sinclair
Community College were local, and there was no reason someone could not afford to attend
college in Greene County. The gentleman was shocked to hear that. Commissioner Anderson
assured him that if his grandson completed a two-year Associate’s Degree program, especially in
the field of technology, he would be able to get a job and be successful. Greene County is one of
the bright spots in the State of Ohio. Most of this is related to WPAFB and its associated
businesses from the Base Realignment and Closure Activities (BRAC). Businesses would like to
locate in Greene County but feel they cannot find enough people to hire. Everyone knows
education is important. Clark State recently located a branch in Beavercreek. He noted the State
of Ohio designates which state colleges cover specific areas and Clark State was designated for
Greene County by statute. Clark State was told if they did not wish to have a branch in Greene
County, Sinclair Community College would be asked; however, Sinclair Community College is
partially financed by Montgomery County.
XCC Executive/Special Session, 10-11-07, Page 2
Commissioner Anderson said the Greene County Commissioners have a Community
Improvement Corporation (CIC), which has an action committee for Labor and Education. This
is a very high-powered group for education. He felt education systems would change into more
of a seamless transition from high school to college. Many students take AP classes while in
high school and those credits transfer to college. Some high schools allow students to attend
college classes during their senior year; some even accrue one year of college credits while still
in high school. Clark State, Sinclair, Wright State University, Central State, and Cedarville
allow students to fully transfer credits. The State would like STEM (science, technology,
engineering, and mathematics) centers in every high school in every county.
He believes Beavercreek will soon be so full that Xenia will need to be able to attract major
business. Beavercreek will be the primary spot to attract business because it is closer to
WPAFB; however, there is only so much land. If a California company wants to move and they
need 50 acres, they may consider the Gerdes Property. It is close enough to WPAFB that
employees would choose to live in Xenia and attend Xenia Community Schools.
In January, he talked with a gentleman from the Riverside Development Corporation who stated
his company was building a 78,000 square foot building in Xenia and 150 to 200 engineers
would be moving. He had not heard about the move and asked if the company was moving from
Riverside in Dayton. The gentleman said no, they were moving from Columbia University,
which is located on Riverside Drive. Growth in the job market means jobs for our children. He
understood 1,000 engineers would be moving to the area to build sensors (both medical and
airplane sensors). Sensor companies are coming and WPAFB is the center of the world for them.
Commissioner Anderson said those individuals affected the most are the older employees who
have been laid off from General Motors. It’s no big deal for eighteen year olds to attend fouryear colleges, but a 40-year old might need to obtain a 2-year degree from Clark State or Sinclair
Community College to be retrained. The 2-year colleges are geared toward those individuals.
Commissioner Anderson said he spoke with Congressman Dave Hobson who shared they are
trying to obtain federal money for Xenia. He assumed someone was working with Congressman
Hobson’s office to ascertain what Council has in mind. He finds the biggest thing they do is
connect with the State and U.S. Senators and State and U.S. Representatives. All that taxed
money goes to Washington D.C., then back through the State, then to Xenia. Xenia is the eastern
edge for future development.
He shared a notice that would be sent out shortly regarding the MVRPC and the Dayton
Development Coalition, which is where the action is. He did not think the City of Xenia was a
member of the Dayton Development Coalition, but the Greene County Commissioners look out
for Xenia to the best of their ability. The Miami Valley has grown so well, because the Dayton
area representatives met and prioritized how they wanted to allocate federal money, which made
fund distribution easier. It also made it easier for them to fight for the money in Washington,
D.C. It has been extremely effective. The Dayton Development Coalition has a large staff of
very talented people. It is called the PDAC (Priority Development and Advocacy Committee)
process, which is where the money originates. He felt Xenia was losing many federal dollars by
not being a part of PDAC. Howard Poston noted the City of Xenia rarely participated. There are
six categories and almost everything is included. Whether the City would receive the federal
dollars depends on the priority for those dollars. It could mean federal dollars for transportation,
bike paths, water, sewer, sewer plants, water treatment plants, etc. The handout he shared
discussed the application process. The Dayton Development Coalition is known nationwide as
being a very successful force. He explained if a company from another state is considering
moving to Xenia, they will ask three questions: (1) Is the land zoned properly; (2) does it have
water/sewer/electric; (3) does it have sufficient Internet hook-up. If the answers are no, they
may go somewhere else. However, the City could ask for “x” amount of dollars to extend
utilities, and if doing so is considered a regional benefit, PDAC may provide the funding.
MVRPC generally focuses on transportation. In some ways, ODOT gets the federal money and
decides how the money is distributed. To a great extent, MVRPC is directed by the Dayton
Development Coalition, because they must approve many MVRPC projects.
Commissioner Anderson entertained questions from Council.
President Felton said on August 23, 2007, Council approved the agreement with the Greene
County Department of Building Inspections to conduct building inspections for residential and
commercial structures. There have been continuous problems in getting approval for building
occupancy permits. Commissioner Anderson said they recently posted for a new position in that
department and money was allocated. This additional employee should result in an increased
process speed. He asked for specific information on the problems; he would be glad to address
those concerns. President Felton asked Mr. Johnson to inform Commissioner Anderson of the
problems. Mr. Johnson agreed to do that.
President Felton said she was also concerned about the 911 money. The County has not done the
paperwork in order to receive funds from the State. Greene County must submit an amended
911 plan and budget for making the County Phase II compliant by December 31, 2007. It is
critical that be done because the City needs its share of the money. Commissioner Anderson
agreed; that was taken care of and the money will not be lost. The Commissioners do not think
Beavercreek, Fairborn, Sugarcreek, or Bellbrook will join.
President Felton asked if Commissioner Anderson knew that Council voted against joining the
Countywide Dispatch Center. Commissioner Anderson said he was not aware of Council’s
decision; he thought Xenia was the center of the operation. If that is the case, the project may
not come to fruition and nothing will change, which he felt was unfortunate. He did not know
how they could meet the 911 requirements or the next step beyond – the GPS 911.
President Felton understood the City’s Communications Center recently upgraded software that
was needed to initiate the GPS 911, which is why the City needs their share of the money. She
said Council has worked on this for a long time and originally wanted to be a part of the
Countywide Dispatch Center; however, cost was a factor. She attended a meeting with Greene
County Commissioners, Chief Person, Jim Jones, and others, and Xenia was willing to increase
the sales tax to pay for the Countywide Dispatch Center. Commissioner Ralph Harper said ‘no’
because the County was not going to raise the sales tax without putting the issue on the ballot.
Last year a contract was sent over asking for participation. Council read it and returned it; she
was not willing to give up control of the City’s tax dollars for an outside Board to dictate how
much the City would pay yearly.
Commissioner Anderson said there is already an outside board (represented by all the
participants) that oversees the Countywide Dispatch Center that has been in place for some time.
Mr. Johnson noted there is an advisory council.
Mayor Pennewitt said she was very concerned about the building inspection process.
Commissioner Anderson again asked that specific information be shared with him, either in
writing or in person.
Councilman Engle was aware of specific issues brought before Council. Commissioner
Anderson said the County Commissioners and Chief Building Official Al Kuzma want to do the
job correctly, and they need to address specific concerns and correct them.
President Felton said they were referring to people that call them personally with issues such as,
“Where is my occupancy permit?” and “Why do I have to go back two or three times to get my
building permit?” Mr. Johnson, Dave Price, and Jim Jones need to get involved.
Commissioner Anderson said he has heard of people who were told to go to the County Building
Inspection to obtain all their permits, which obviously was incorrect information. [Zoning
permits are issued by the City; building permits are issued by the County.] Vice President Miller
said trying to obtain all permits needed and having to go to two different buildings is frustrating.
He asked if it was possible for the City to have access to all the Greene County Building
Inspection forms so staff can make them available to builders. The builders could then fill out all
the forms and then take the County forms to the Building Inspection Department or a City
employee could run them over once daily. He felt it would be a safer and easier process. The
City could have a copy and ensure the forms were correctly completed and the County would
have what they need. Commissioner Anderson said he would speak with Howard Poston.
President Felton said the only thing the City needs is to ensure that the zoning permit is correct.
Vice President Miller disagreed. The City needs to make sure the County Building Inspector has
the correct application to check the setback.
The Special Session was adjourned at 7:00 p.m. to go into Regular Session.
Xenia City Council
Xenia City Council
October 11, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on October 11, 2007, at 7:08 p.m., in the City
D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
INVOCATION: Reverend Kenneth Moore, Pleasant Grove Missionary Church, gave the
to approve the September 27, 2007, Regular Session minutes as written. No discussion followed.
Ayes:
Miller, Engle, Propes, Mills, and Pennewitt
Abstain: Felton
Nays:
None
motion carried.
Motion by Councilman Engle, seconded by Vice President Miller, to excuse Councilman Esprit
from the meeting. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Traffic Commission: Councilman Propes said the October meeting was cancelled due
to a scheduling conflict that arose at the last minute. President Felton asked if the meeting had
been rescheduled. Councilman Propes said yes.
Greene County Regional Planning Commission: Councilman Propes said GCRPC
met on September 25th and discussed and approved a subdivision for Sugarcreek Township on
Feedwire Road and Little Sugarcreek Road. They also discussed zoning issues for Beavercreek
and Jefferson Townships. He reported Beavercreek Township’s representative, Richard Little,
who has been on the Commission for 28 years, is not running for re-election this year. His
presence will be sorely missed.
Board of Zoning Appeals. Vice President Miller said BZA met on
approved a variance of approximately 4’ for a front yard setback for the
468 Navajo Drive. The home sits on a corner lot, which is considered
frontages, and the side yard is required to have the same 25’ setback
September 24th and
property located at
to have two street
as the front yard.
Originally, the applicants were going to move, but their neighbors asked them to stay. They
moved across the street, built a garage, and now plan to add the room addition. Upon approval
of the variance, the applicant stated, “They plan to stay in Xenia forever.”
ITEMS FROM CITY COUNCIL AND MAYOR: Councilwoman Mills said the City Parks
and Recreation Department’s basketball program will begin soon. The first practice is scheduled
for November 5th and is open to boys and girls in 5th and 6th grades. Cheerleading is open to 4th,
5th, and 6th grade students. Coaches are badly needed. If citizens are interested, she asked that
they contact Michelle Fisher, City Parks and Recreation Director, at 376-7275. President Felton
asked if the information was posted on the City’s Government Channel. Mr. Johnson said if it
has not been posted yet, it would be soon.
Motion by Vice President Miller, seconded by Councilman Engle, to go into Executive Session to
discuss contracts and legal issues. Brief discussion followed.
President Felton thought they were to go into an Executive Session at the conclusion of the
Regular Session. Vice President Miller clarified the motion was to go into Executive Session
immediately. After a brief discussion, Council agreed to adjourn into Executive Session
immediately.
Nays: None
motion carried.
City Council convened in Executive Session at 7:18 p.m. and reconvened in Regular Session at
8:02 p.m., with the same members present.
OLD BUSINESS: None.
Introduction of a Resolution for the West Main Street/U.S. 35 Enhancement Project
- Phase II. Mr. Johnson respectfully requested Council introduce a Resolution authorizing the
City Manager to submit an application to MVRPC for Transportation Enhancement Program
funds from the State of Ohio for the Second Phase of the West Main Street Enhancement Project.
He noted Nimfa Simpson, City Planner, was available for questions.
President Felton asked if this was the project that originally included a 1,500’ wall.
Ms. Simpson said no; the design concept (which has not been finalized) would emphasize softer
treatments, such as more landscape and buffering materials, and include enhancement work
along the median on West Main Street. She said $350,000 would not be enough money to
construct a 1,500’ wall. President Felton asked where it would be located. Ms. Simpson said
originally it was to be constructed on the north side of U.S. 35. However, after speaking with
consultants, they suggested the second phase be located at Progress Drive and West Main Street.
Staff agreed it is important to maintain the main goal of the enhancement project, which is to
beautify this major entrance of the community and to buffer neighboring land uses from the
roadway activity in order to make the greatest impact for the City. After the design is finalized,
MVRPC agreed staff could resubmit the scope in order to make the greatest impact with the
money allocated. Everything will be shared with City Council before the design is finalized.
Councilman Propes introduced a RESOLUTION AUTHORIZING THE CITY MANAGER TO
SUBMIT AN APPLICATION, THROUGH THE MIAMI VALLEY REGIONAL PLANNING
COMMISSION, FOR TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FOR
THE SECOND PHASE OF THE WEST MAIN STREET ENHANCEMENT PROJECT, and it
was read for the first time.
Change Order #2 for W. Church Street Reconstruction Project. Mr. Johnson
respectfully requested Council approve Change Order #2 in the amount of $50,687.23 for the
West Church Street Reconstruction Project and amend Purchase Order #58820 issued to Jergens
Bales Contractors to increase the amounts paid from account #664-4015-55503 to $95,885.08
and from account #665-4015-55506 to $95,885.08.
Motion by Councilman Engle, seconded by Councilwoman Mills, to approve Change Order #2
in the amount of $50,687.23 for the West Church Street Reconstruction Project and amend
Purchase Order #58820 issued to Jergens Bales Contractors to increase the amounts paid from
account #664-4015-55503 to $95,885.08 and from account #665-4015-55506 to $95,885.08. No
Nays: None
motion carried.
Award of Bid – Road Salt. Mr. Johnson said the City of Xenia annually participates in
the Southwest Ohio Purchaser’s for Government (SWOP4G) for competitive bids for road salt.
He respectfully requested Council award the bid for road salt to Cargill, Inc. at $49.69 per ton to
maintain safe driving conditions on City rights of way during winter storm events. He noted Jim
Jones was available for questions.
Motion by Councilman Propes, seconded by Mayor Pennewitt, to award the bid for road salt to
Cargill, Inc. in the amount of $49.69 per ton to maintain safe driving conditions on City rights of
way during winter storm events. Brief discussion followed. Mayor Pennewitt asked why
Cargill, Inc. charged the Greene County Highway Department $48.13 per ton but charged the
City of Xenia $49.69 per ton. Mr. Jones said the difference in price was due to volume. Mayor
Pennewitt wondered if the City could have combined their order with the Greene County
Highway Department in order to get a better per ton price. Mr. Jones said he did not believe so.
This was a package bid for all communities, as they do with asphalt. Cargill stated they would
charge certain communities a certain amount. President Felton asked if the new trucks, hoppers,
and snowplows were delivered and ready. Mr. Jones said yes.
Nays: None
motion carried.
Emergency Ordinance to Waive Competitive Bidding for Engineering Services for
Filter Media & Underdrain Replacement Project. Mr. Johnson respectfully requested
Council approve a motion to waive the rule requiring the reading of an ordinance at two
consecutive meetings and adopt the proposed Ordinance as an emergency measure, approving
the waiving of competitive bidding and authorizing the expenditure of an amount not to exceed
$18,000.00 from line 664-6602-53121 to JJG (Jordan, Jones & Goulding, Inc.) for engineering
services. He noted Jim Jones was available for questions.
Councilwoman Mills presented an ORDINANCE AUTHORIZING THE WAIVING OF
FORMAL COMPETITIVE BIDDING AND AUTHORIZING THE CITY MANAGER TO
CONTRACT WITH JJG (JORDAN, JONES AND GOULDING) FOR ENGINEERING
SERVICES FOR THE FILTER MEDIA & UNDERDRAIN REPLACEMENT AND
INSTALLATION OF AIR SCOUR SYSTEM, AND DECLARING AN EMERGENCY.
Motion by Councilwoman Mills, seconded by Councilman Engle, that the rules requiring the
Councilman Propes assumed with such projects, once the filter media is removed and replaced,
staff may run into other things that need to be repaired. He asked if provisions had been taken
for unforeseen expenses that may occur. Mr. Jones said no, although it is a good question.
Council already approved an emergency ordinance on September 13, 2007, to pay for some
unforeseen expenses. The old paint in the filter beds was flaking off and the walls of the beds
had to be scoured and repainted. The Roll on this was the following:
Nays: None
motion carried
Motion by Councilwoman Mills, seconded by Councilman Engle, that Ordinance Number 07-50
Nays: None
motion carried
Award of Bid – South King Street Storm Sewer Replacement. Mr. Johnson
respectfully requested Council waive the formality of requiring the signed addendum at time of
the bid opening, award the bid to V&S Bowman Excavating, and authorize the City Manager to
enter into a contract for the South King Street Storm Sewer Replacement Project for $89,478.00
and issue a purchase order for same. He reminded Council the funding will come from the
remaining FY 2005 CDBG/Distress funds and General funds.
Motion by Councilman Propes, seconded by Vice President Miller, to waive the formality of
requiring the signed addendum at time of the bid opening, award the bid to V&S Bowman
Excavating, and authorize the City Manager to enter into a contract for the South King Street
Storm Sewer Replacement Project in the amount of $89,478.00 and issue a purchase order for
same. Discussion followed.
Vice President Miller asked if a start and completion date had been determined. Mr. Jones said
yes, it has to be completed by February 29, 2008. Vice President Miller asked if there would be
an interruption in traffic or service. Mr. Jones said traffic could be maintained. Mr. Johnson
said a schedule would be provided once the contract is awarded.
Mayor Pennewitt clarified the pavement where the work will be done would be patched—not
paved. Mr. Jones said that was correct; they intend to use the patching machine that works in
10-degree weather. Staff will then cut out that section and pave over the pipe in the spring.
President Felton commented on how nice the recent South Detroit Street improvement project
turned out. Mr. Jones said he believes the contractor may be given an award for the fine job they
did on that project.
Nays: None
motion carried.
Emergency Ordinance Appropriating the Allocation of State Grant Funds.
Mr. Johnson respectfully requested Council approve two motions.
Motion 1: Motion to transfer funds in the amount of $41,500 from 603-5361-57105 to 603-5365-57103
in support of the CHIP Grant Rental Assistance Program.
Motion 2: Waive a second reading and adopt as an emergency an ordinance appropriating $752,940 to
Fund 101 (General Fund) $196,940 to Fund 601 (CDBG Revolving Loan Fund) and $556,000 to fund
603 (Housing Rehab Grant) in order to set up a process to appropriately track the finances of these grant
programs.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to transfer funds in the amount
of $41,500 from 603-5361-57105 to 603-5365-57103. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE NUMBER 07-07
601-CDBG/REVOLVING LOAN FUND AND THE 603- HOUSING REHAB GRANT USING
101 GENERAL FUNDS FOR AN INTERFUND LOAN, AND DECLARING AN
EMERGENCY.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that the rules requiring the
President Felton asked how much of the proposed grant would be spent on the Xenia Rental
Assistance Program for Homelessness. Ms. Crockett said $50,000 is allocated by the State
through the Ohio Housing Trust Fund, which is different from CDBG and HOME funds. After
speaking with President Felton recently, she reviewed the March 2006 request submitted to
Council to apply for the CHIP Grant. She noted President Felton asked about homelessness
assistance at that time also. Municipalities were offered bonus dollars ($50,000 for Xenia) if
they offered homelessness prevention programs such as this. The City received more money
because that component was added. The County has a similar program, but they often receive
calls from people who want to or already live in the City and need assistance. The County urged
her predecessor to develop a program for the City of Xenia to assist people experiencing
homelessness or abuse who had been referred from various service agencies.
President Felton asked if other cities were developing similar programs with their CDBG Grant
money. Ms. Crockett said this is a program that has been done over the years, but she noted this
is different from CDBG. It is the State’s program, and there are fewer requirements. In the past,
other cities have done similar emergency funding to help people obtain housing.
President Felton said before they attempt to do this again, she wanted to know the statistics from
other cities. She also wanted to ensure, when funds are periodically drawn from the State, the
inter-fund loan would be repaid to the General Fund from the CDBG and/or Housing Rehab
Fund(s). Mr. Bazelak stated he would ensure that happened.
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that Ordinance Number 07-51
Nays: None
motion carried.
Introduction of a Resolution Authorizing an Agreement for Administration of the
Housing Revolving Loan Fund. Mr. Johnson respectfully requested Council introduce a
Resolution authorizing the City Manager to enter into an Agreement with the Office of Housing
and Community Partnerships (OHCP) of the State of Ohio, Department of Development for their
Housing Revolving Loan Fund Administration of program income. He noted Mary Crockett was
Ms. Crockett said in addition to accounting for Program Income, in order to expend funds for
new housing-related grants and loans, the City must set up a revolving loan fund for each HOME
and CHIP program income. The City would like to enter into such an agreement with the State
from January 1, 2008, and ending December 31, 2011, allowing the City to expend these funds to
(1) improve the affordable housing stock in Xenia, and (2) provide for the affordable housing
needs of low-and moderate-income persons.
President Felton asked if a summary of the requirements was available. Ms. Crockett said she is
currently developing one and would provide Council a copy next week. It describes who is
eligible, what segments of the City are covered, etc.
Councilman Engle introduced a RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF
DEVELOPMENT, FOR THE ADMINISTRATION OF THE CDBG AND HOME-FUNDED
HOUSING REVOLVING LOAN FUND, and it was read for the first time.
Items for the City Manager: Vice President Miller noticed the payment of bills
indicated a slide at Shawnee Park was repaired by the Miracle Recreation Equipment Company
at a cost of $512. As he has mentioned before, the “revolving” disks on the climbing pole next
to the playground equipment should be stationary. Previously, a playground representative
stated the disks would be fixed but that has not happened. Mr. Jones said Burke Products
installed that piece of equipment; however, they cannot find anyone to fix the disks, and staff
cannot locate any parts. Vice President Miller noted staff told Council parts were available at the
City Service Center. Mr. Jones agreed that was stated; however, there are no parts available.
Vice President Miller did not think Burke Products installed the climbing pole because when he
questioned the Burke Products representative, she stated their equipment had a lifetime warranty.
She further stated, even though it was not their equipment, she would check out the equipment
and repair the problem. He suggested the representative be contacted. Mr. Jones said
Ms. Crockett spoke to the representative, and they visited Shawnee Park the next day. Vice
President Miller felt if the disks cannot be made stationary, the equipment should be removed.1
Mayor Pennewitt asked if the $512 slide repair invoice should be paid to Miracle Recreation
Equipment Company. Vice President Miller said yes; he was referring to another piece of
equipment that has been in need of repair for over one year.
President Felton said she received an e-mail from Michelle Fisher about “Make a Difference
Day” to be held October 27, 2007. She asked that Mr. Johnson ensure the event is advertised in
the Xenia Gazette, with the Chamber of Commerce, and on the City’s Government Channel.
The more the event is advertised, the more people they may get to volunteer. City employees did
an excellent job in the spring at Shawnee Park. Mr. Johnson said they would make a good
marketing effort. President Felton encouraged the “younger” members of Council to volunteer.
1
[Excerpts from the September 14, 2006, Regular XCC Session: “Ms. Crockett said in the past several years,
Jennings was the exclusive representative for Burke Products. She was fortunate to find the new vendor for Burke
Products and the new representative, Carol Clark. Ms. Clark said last year, they were represented by Jennings,
Inc., but parted ways and they came on board in March 2006. … Councilman Miller was concerned about the safety
of one piece of equipment at Shawnee Park (a climbing pole with rubber disks), because the rubber disks rapidly
spin as children are climbing up the pole. Ms. Clark said each disk has 4 self-tapping screws and 8 bolts that
prevent the disks from spinning. The equipment has a full replacement warranty for 15 years. She stated she would
visit Shawnee Park tonight and fill out a problem report for repair or replacement of the equipment.”
Motion by Councilman Engle, seconded by Councilwoman Mills, to approve payment of bills
Ayes: Miller, Engle, Propes, Mills, and Felton
Abstain: Pennewitt
Nays: None
motion carried.
Mayor Pennewitt said she abstained because she is a board member of Xenia Adult Recreation
Services Board.
Mr. Bazelak thanked the IT staff and contractor who diligently worked on installing the new
audiovisual equipment between Council meetings. It will enhance the experience for those
citizens watching from home and for those in the Council Chambers.
ORDINANCE REZONING APPROXIMATELY 6.638 ACRES SOUTH OF STELTON ROAD
AND WEST OF CHESTNUT STREET FROM R-4 MULTI-FAMILY RESIDENTIAL
DISTRICT TO R-1C ONE-FAMILY RESIDENTIAL DISTRICT, and it was read for a second
time.
Motion by Councilman Engle, seconded by Mayor Pennewitt, that Ordinance No. 07-52 be now
passed. Discussion followed.
President Felton said she understood the need for the property to be rezoned but had a problem
with ensuring the road is built to City specifications. It will be very expensive for one person to
allow access off Chestnut Street for just one house; however, she would not like to see
apartments built on the parcel. She will support the rezoning to reduce the density in that area.
Nays: None
motion carried.
Items for the Law Director: President Felton asked Mr. Lewis to discuss handicapped
parking since the City made national news. She thought the issue was thoroughly covered during
the public hearing. For years, citizens were upset because the City did not provide enough
handicap parking spaces, and they thought people did not care about the “inexpensive” parking
tickets. The State passed a law increasing the fee and Council agreed it was a good idea. People
should not park illegally in handicap parking spaces.
Mr. Lewis said the changes made were minor in nature but major in terms of content. Signage
was changed after it was brought to the attention of the Law Department by the Police Division.
Many signs were not properly marked with a sign indicating the possible fine for parking
illegally in a handicap parking space. While researching the law, staff realized the State of Ohio
changed the law in 2004. This was not an invention by the City of Xenia. After speaking with
the Ohio Municipal League, he realized many Ohio municipalities had already posted the new
fines. To comply with the Ohio Revised Code, the fine was increased from $40 to $250. The
increased fine should not be an issue for anyone, as long as they do not illegally park in a
handicap parking space. There are provisions in the statute for individuals that forget to display
a placard. [SECTION 452.16: “Whoever violates division (c) of this section is guilty of a minor
misdemeanor and shall be fined not less than two hundred fifty nor more than five hundred dollars. An
offender who violates division (c) of this section shall be fined not more than one hundred dollars if the
offender, within five days of receiving the parking violation notice proves the following to the satisfaction
of the City Manager or his designee: At the time of the violation of division (c) of this section, the
offender or the person for whose transport the motor vehicle was being operated had been issued a
removable parking card, or special license plate for disabled persons that then were valid but the
offender or the person neglected to display the parking card or license plate as described in division (c)
of this section”.]
Mr. Lewis said they would be more than willing to listen to and consider legitimate reasons why
someone might park in a handicapped parking spot. Because the $250 parking fine is
substantial, there are provisions in the Ohio Revised Code for individuals to receive a “long form
citation” that looks different from a parking ticket and has different rights. [SECTION 452.16: (4)
“If a violator wishes to contest a violation of division (c) of this section before the Xenia Municipal
Court, they may request that they be issued a Uniform Traffic Citation to replace the parking violation
notice and have a court appearance date set.”] Mr. Lewis said this provision is new.
Mr. Lewis summarized three (3) changes made over the prior law:
1. Corrected the signage to reflect the increased fine as well as the penalty for failure to
provide a disabled sign in a parking lot or garage and failure to display a parking card.
2. Increased the fine to mirror that of the State of Ohio (from $40 to $250).
3. Included a provision for more due process for those cited for parking illegally in a
handicap parking space.
Mr. Lewis said this is not the City of Xenia’s law, as noted in the paper that made national news.
The State of Ohio Legislature passed the law in 2004. The City of Xenia is making its statute
mirror the State statute.
President Felton said the national news noted 40% of handicap parking placards used by
individuals who are deceased. Such illegal use of placards is being reported to the State. She
urged people to leave handicap parking spots available for individuals who need them and can
legally park there.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes had nothing
further to share.
Mayor Pennewitt said she would like to address parents and high school/middle school students.
There would be a presentation on October 15th, from 7:00 to 9:00 p.m., at the E.J. Nutter Center.
The program is to help students realize their potential, how to deal with themselves and the
environment, and their ability or desire to work in the community. It is self-esteem project. The
speaker, Crystal Miller, is a Columbine survivor. She felt it would be an interesting presentation.
Free tickets are available at the Xenia High School office or through Avis Budget Rental. She
hopes parents will take this subject seriously and encourage their children to attend with them.
Gabrielle Enright, a WHIO television reporter, will host the event.
Councilwoman Mills said Yoga class at Xenia Station began October 1st. The class is held on
Mondays from 6:30 to 8:00 p.m. at a cost of $6.00/week or $20/month. If anyone is interested,
please call Xenia Parks and Recreation at 376-7275. This is “National Breast Cancer Awareness
Month.” Greene Memorial Hospital will host a 5K run/walk on Saturday, October 13th.
Registration begins at 9:00 a.m. and the event begins at 10:00 a.m. She encouraged everyone
who enjoys walking or running to come out and support a very good cause.
Vice President Miller said he wanted to ensure City staff received credit for the work they did at
Shawnee Park; the landscaping and new barrier around the playground looks beautiful. He
wished his daughter and son “Happy Birthdays.”
Councilman Engle thanked and congratulated the “Club X” Soccer Team that wore his name this
year. They fought hard all year and came in second place in their division. He looks forward to
seeing them next year.
President Felton thanked everyone for sending cards and flowers in the recent death of her sonin-law. It is still a battle to lose someone in his 50’s. Her daughter has learned much about
being an executor. She remembered Jim Kennedy’s mother, who was a family friend for years;
she was a lovely lady and will be missed by many.
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilman Engle, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
City of Xenia
Special Session
October 20, 2007
9:00 a.m.
The Xenia City Council met in a Special Session on October 20, 2007, at 9:00 a.m. in the City
D. Engle, Dr. Lee G. Esprit, Jr., Dennis R. Propes, Phyllis A. Pennewitt, and Patricia L. Felton.
Jeanne Mills was absent.
discuss Personnel Matters. The Roll on this was the following:
Ayes: Miller, Engle, Esprit, Propes, Pennewitt, and Felton
Nays: None
motion carried.
with the same members present to discuss Personnel Matters.
Xenia City Council
Xenia City Council
October 25, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on October 25, 2007, at 7:03 p.m., in the City
Patricia L. Felton.
Allegiance.
approve the October 11, 2007, Executive/Special Session minutes as written. No discussion
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the October 11, 2007,
following:
Nays: None
motion carried.
PUBLIC HEARING:
2008 Five-Year Capital Improvement Plan. Assistant City Manager, Brent Merriman, said
Article IX, Section 9.11 of the Xenia City Charter requires the annual submission of a five-year
capital improvement plan. The City Manager’s Office is pleased to provide to the Council and
citizens of Xenia the proposed 2008-2012 Capital Improvement Program:
•
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The proposed 5-Year CIP provides a comprehensive review and proposed direction for Xenia’s
major initiatives and infrastructure improvements over the next five years.
This program is substantially based on direction provided by the City Council through dialogue
with the City Manager’s Office. Additionally, City staff recommendations for specific actions to
be taken in 2008 and beyond have played an important role in the program development.
The 5-Year CIP does not seek authorization for specific capital improvement expenditures.
Rather, it is a tool to be utilized in developing budget recommendations and in furthering strategic
planning efforts. More detailed information on the 2008 capital expenditures will be outlined in
the soon to be submitted 2008 Annual Budget.
The 5-Year CIP does seek to address the many critical improvement needs in Xenia. Many of the
targeted improvements are within available or reasonably expected sources of funding. Others,
however, will require outside or additional funding in order to be realized in future years.
Council and the public are reminded that the 5-Year Capital Improvement Program is merely a
plan and an initial series of recommendations aimed at achieving it.
The City of Xenia will remain steadfast in its efforts to effectively plan for the fund
improvements to the community that will ensure its long-term sustainability.
President Felton invited those in favor of the 2008 Five-Year Capital Improvement Plan to come
forward to speak. No one came forward to speak. President Felton invited those against the Plan
to come forward to speak. No one came forward to speak. President Felton invited those neither
for nor against the Plan to come forward to speak. No one came forward to speak. She then
closed the public hearing and entertained questions from Council.
Vice President Miller requested the 2008 Five-Year Capital Improvement Plan be discussed at a
work session since it is a lengthy process. He did not think people in the audience or those
watching at home would enjoy having Council go through the Plan page-by-page.
Mayor Pennewitt referenced Section 4, page 65 of the Plan (Major Facility and Infrastructure
Upgrades – Unfunded) specifically Shawnee Park – Retaining Wall Replacement and noted it is
shown as a 2009 priority under the column heading “2008 Five-Year Capital Improvement
Plan.” She thought the Shawnee Park retaining wall replacement was a 2008 priority.
Mr. Merriman responded that pending Council approval, staff would like to incorporate the
design and planning of the Shawnee Park improvements with an update of the Comprehensive
Park Plan. The last update to the Comprehensive Park Plan was in 1996, and updates should be
done periodically. They recognize these are significant needs and priorities as directed by
Council. It will be a 2009 priority because there is not enough funding in 2008 to complete the
entire project. They would also like to go through the planning stage in 2008 to incorporate the
recommendations into the master plan for all the park systems.
Mayor Pennewitt clarified planning would begin in 2008, but Shawnee Park retaining wall
improvements would begin in 2009. Mr. Merriman said that was correct. Other events such as
“Movies in the Park” are held at Shawnee Park and staff wants to ensure alternate plans are made
for such events during the time improvements are made.
Councilman Engle said as he reviewed the Plan, he noticed some stepped up funding through the
5-Year Plan. He asked how staff has accounted for inflation. He realized nothing was to be
authorized at this time, but certainly the costs in 2012 will be quite different compared to the
costs in 2008.
Mr. Merriman said they are comfortable with the 2008 figures, but as they get out several years,
the figures may need to be increased to take into account inflation; it is certainly something they
need to look at more closely. While much of what is in the Plan is funded, there is a substantial
amount that is not funded. Staff will need to have serious conversations with Council about what
options and alternatives are available to fund those necessary improvements.
President Felton asked if grant funding would be sought to pay for improvements.
Mr. Merriman said for funding options that they are aware of, staff will take the steps to try to
secure funds to pay for or offset expenses for projects, which has been incorporated into the Plan.
President Felton entertained a motion.
Vice President Miller presented a RESOLUTION ADOPTING A DRAFT OF THE FIVEYEAR CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF XENIA, OHIO,
PURSUANT TO SECTION 9.12 OF THE XENIA CITY CHARTER, AND DECLARING AN
EMERGENCY.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, that Resolution Number 07-L
Nays: None
motion carried.
Amendment to the recommendation of the Xenia Urban Service Area Land Use Plan, 19952015 relative to planning area GR-3 AND Rezoning of 6.138 acres of land located at
834 Bellbrook Avenue from R-1C One-Family Residential District to O-1 Office Industrial.
Mr. Merriman requested City Planner, Nimfa Simpson, address Council. Ms. Simpson said the
first action requested of Council is to introduce an Ordinance rezoning 6.138 acres located at
834 Bellbrook Avenue from R-1C One-Family Residential District to I-O Industrial Office
District. This parcel was part of the former Mallow’s Orchard prior to its sale and consists of
approximately 20 acres. The applicant is presently leasing space across the street from this
property and would like to build their own structure on this site. The Xenia Urban Service Land
Use Plan is the basis for any kind of zoning decision. The recommendation of the Urban Service
Land Use Plan recommends that all the parcels be utilized for residential use when the
agricultural use is abandoned. However, the surrounding land use and zoning varies. The
property across the street from the parcel is zoned I-2 Heavy Industrial District. There is also
other zoning such as A-1 Agricultural District, R-1C One-Family Residential District, and B-4
Planned Shopping Center District. Because of the mix of land uses in this area, the desirability
of this area for residential use may not be as high as it would be in a purely residential area. The
zoning code includes I-O Industrial Office District, which was primarily developed to be used in
this kind of situation and is designed to promote research and similar industries. Global
Industrial Equipment Incorporated (G.I.E., Inc.) is this type of industry. The applicant will
explain that they primarily assemble parts and export them all over the world. It is a very clean
and noiseless type of operation.
Staff supports amending the recommendation of the Land Use Plan as follows:
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Consider non-residential use for the 6.138 acres of land and an appropriate zoning designation
that has built-in protective standards; and
Consider non-residential use for the 20.629 acres under a Planned Unit Development (PUD)
concept in the future because it directly abuts residential use.
Ms. Simpson said the 20.629 acres is not being considered for rezoning. However, the
recommendation of the Xenia Urban Service Land Use Plan includes both parcels under
Planning Area GR-3, which recommends residential zoning for both parcels. Staff does not
expect the parcels to be developed into residential. There is existing residential to the west of the
property and protecting those residents must be considered so they are not unduly impacted by
future non-residential use. In the future, if this property is developed into something other than
agricultural, staff would like it developed under a PUD so the City could have more control and
require some type of protective measures for adjacent residential properties. She respectfully
requested Council take two actions:
Action 1. Introduce a resolution amending the recommendation of the Urban Service Area Land Use Plan
relative to Planning Area GR 3.
Action 2. Introduce an Ordinance rezoning 6.138 acres located at 834 Bellbrook Avenue from R-1C OneFamily Residential District to I-O Industrial Office District.
Ms. Simpson said the type of operation the applicant has is a conditional use under the I-O
Industrial Office District. After the parcel is rezoned, the applicant still has to go before the
Board of Zoning Appeals for a conditional use permit. She said the Updated Thoroughfare Plan
requires the extension of Industrial Boulevard to West Second Street. The applicant has been
advised that he may have to dedicate some kind of right-of-way to allow the City to implement
the recommendation of the Thoroughfare Plan in the future. It is imperative that be implemented
for emergency purposes because it would be a direct route to Second Street from Cincinnati
Avenue and Industrial Boulevard. There is no funding available to do that now. In the future,
the City may seek the same type funding that funded the Progress Drive extension from Main
Street to Second Street. There is no recommendation for the alignment of the Thoroughfare
Plan. It is a technicality that must be resolved by City staff perhaps through a future engineering
study. The Xenia Planning and Zoning Commission endorsed approval of the amendment to
Urban Service Area Land Use Plan 1996-2015 relative to GR-3 changing the recommendation to
include non-residential land use and for the majority of the planning area to be developed under a
PUD concept and approval of the rezoning of 834 Bellbrook Avenue from R-1C One-Family
Residential District to I-O Industrial Office District.
President Felton entertained questions from Council.
Vice President Miller noted Ms. Simpson shared an overhead of the three different proposed
routes as shown below:
Vice President Miller said if this is light industrial, he is concerned about semi trucks passing
two schools. He asked if the developer or the City was building the road.
Ms. Simpson said if this was a subdivision and the developer needed the extension, the developer
would be responsible to pay for the extension. In this case, the developer can develop the parcel
without the road by utilizing the frontage on Lower Bellbrook Road. This thoroughfare
extension is needed by the City to improve the circulation pattern for emergency vehicles and to
improve access. The road would not be built immediately; it may be built in the future,
depending on the availability of funds. City staff would like to uphold the recommendation of
the Thoroughfare Plan, which needs to be affirmed now. This is the only opportunity to get the
right-of-way because once the structure is built and accommodations are not made in the site
development plan, the City would lose the opportunity to extend the road.
Vice President Miller said he understood Ms. Simpson’s comments; however, the developer
should not be given three options because staff would not know where the developer would build
their access road. Utilities would have to be installed and the road made wide enough to allow
access for emergency vehicles. He would like to see the road planned now—not later—and for
staff to tell the developer, “When you build your access road, the access road must be here
because the City will connect it to Second Street.” Ms. Simpson agreed; Mr. Jones may be able
to address the concern. Vice President Miller said he did not want to make it difficult for the
applicant to develop the property – he wants industry to build in Xenia and provide more job
opportunities. Just like the 5-Year CIP, let’s write it down. If the developer wants to choose the
route, that is fine but he did not want to allow three options. If the developer does not choose
one of the options for their access road, it would not connect Industrial Boulevard to Second
Street and not improve access for emergency vehicles.
Ms. Simpson felt the road shown in yellow on the map was the most feasible because that is
where the utilities are located. The City Engineer will determine the location of the road.
Vice President Miller thought the developer and business owner would also like to know the
location of the extension road. If they know where the public utilities and right-of-way would be
located, they can plan their development around the road, which would make it much easier than
planning a development around a guess.
President Felton said she was familiar with the area because she lives there. She felt the road
shown in red on the map appeared to be the least expensive to develop and asked if her observation
was correct. Ms. Simpson said since she is not an engineer, she could not answer that question.
President Felton thought the route was shorter and straighter and the terrain more manageable.
They must also take into account at least one of the schools may be relocated. They do not want to
face the same situation faced at the Industrial Park where the route had to be rebuilt because it was
dangerous. Ms. Simpson noted utilities are located on the road shown in red.
President Felton opened the public hearing and invited those in favor of the recommendations to
come forward to speak.
Lando Steele, 1156 Dorchester Road, said he was representing G.I.E, Inc. They manufacture
chemical process valves. At their facility, they inventory parts and components for sale and do
assembly. Their partners do all the heavy manufacturing. They employ machine shops and
companies to make plastic, glass, and rubber liners for use with various types of chemicals. He
agreed with Vice President Miller – they also want to know where the Industrial Boulevard
extension will go before they begin construction.
President Felton invited those opposed to the recommendations to come forward to speak. No
one came forward to speak. President Felton invited those neither for nor against the
recommendations to come forward to speak. No one came forward to speak. President Felton
then closed the public hearing and entertained two introductions.
Vice President Miller introduced a RESOLUTION AMENDING THE XENIA URBAN
SERVICE AREA LAND USE PLAN 1995-2015 RELATIVE TO ITS RECOMMENDATION
AFFECTING PLANNING AREA GR-3, and it was read for the first time.
Vice President Miller introduced an ORDINANCE REZONING APPROXIMATELY 6.138
ACRES LOCATED AT 834 BELLBROOK AVENUE FROM R-1C ONE-FAMILY
RESIDENTIAL DISTRICT TO I-O INDUSTRIAL OFFICE DISTRICT, and it was read for the
first time.
SPECIAL PRESENTATION: Proclamation for National Breast Cancer Awareness Month
and National Mammography Day. Mayor Pennewitt said in conjunction with other area mayors,
they would like to stress how important it is to do anything possible to eliminate breast cancer and
how important testing is to detect cancer as early as possible. The City of Xenia chose to write a
Proclamation supporting this act, which she then read. She presented the Proclamation to President
Felton proclaiming October 2007 as National Breast Cancer Awareness Month and October 19th as
National Mammography Day.
President Felton agreed a mammogram was an important test. She noted she had cervical cancer in
1965; it is important for both men and women to have the proper screenings for all types of cancer.
Charlie Huff thanked Council for the job they have done, and the friendship they have shared
over the years. He is proud to be a Xenian, and he enjoys giving the Invocations.
Planning & Zoning Commission: Mayor Pennewitt said XPZC held a public hearing
on October 4th and endorsed approval of the amendment to Urban Service Area Land Use Plan
1996-2015 relative to GR-3 and the rezoning of 834 Bellbrook Avenue from R-1C One-Family
Residential District to I-O Industrial Office District as discussed above. The Commission also
scheduled a public hearing on the proposed amendment to Chapter 1236.14 Mandatory Parkland
and Fee-in-lieu Regulations and proposed new Park Expansion and Development Fee Ordinance
during the November 1, 2007 XPZC meeting.
President Felton asked for clarification on when the public hearing was scheduled. Ms. Simpson
said the date was changed to November 15, 2007. President Felton said she found the
information confusing in the format in which it was presented. She would like to review the
information at a work session prior to the public hearing, so Council will understand on what
they may be asked to vote on.
Mayor Pennewitt asked that her report be corrected to reflect the public hearing date was
changed to November 15, 2007.
Mayors & Managers: Mayor Pennewitt said the Mayors & Managers of the Miami
Valley were guests at the annual dinner of the 88th Air Base Wing and the Wright-Patterson Air
Force Base Partner Unit Senior leaders. After an enjoyable performance by the WPAFB Concert
Orchestra, Colonel Colleen M. Ryan gave a brief presentation of the development of WPAFB
and its impact on the area. No business meeting was held.
October 4th and approved the following: (a) Adoption of Amendment to SFY 2008-2011
Transportation Improvement Program; (b) Update of Memorandum of Understanding with the
Greater Dayton Regional Transit Authority; (c) Regional Land Use Planning Committee Structure.
Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said at the
October 9th BRACA meeting, three priorities for fall were decided. They are the “Spirit Event”
held on October 12th, “Make a Difference Day” scheduled for October 27th, and a “Halloween
Event” scheduled for October 30th. Xenia High School seniors organized a Tail Gate Party for
“Spirit Day”, which was held prior to the Homecoming Game, and free food and drinks were
offered as well as corn hole games and other activities. Everyone had a great time. BRACA
supported the event by distributing the food. The XHS Student Council sponsored the event.
She reminded citizens that volunteers are needed for “Make a Difference Day.” Volunteers can
register at Xenia Station with activities beginning at 10 a.m. Former First Lady of Ohio,
Mrs. Taft, began the program in Ohio, which is a now a national event. On “Make a Difference
Day,” everyone is asked to make a difference in someone’s life, either big or small. The City of
Xenia is participating in the event and welcomes everyone. Work will be done at Xenia Station
and Lexington Park. The “Halloween Event” at Xenia Station is scheduled from 6 to 9 p.m. on
October 30th, which is also “Beggar’s Night” from 6 to 8 p.m. The Prince Hall F. & A. Masons –
Wilberforce Lodge #21 will sponsor the event. The event last year was very successful, and they
look forward to making this an annual event. One upcoming project in December is “Santa in
Xenia.” BRACA looks forward to sponsoring many more activities.
President Felton noted BRACA has been busy and asked if the information was on Channel 5.
Councilwoman Mills believed the information was on Channel 5.
Mayor Pennewitt asked if “Make a Difference Day” would be cancelled if it rains on Saturday.
Mr. Merriman suggested those interested in volunteering call City Hall to register. Individuals
would then be contacted if the event is cancelled or the date changed due to inclement weather.
Mayor Pennewitt congratulated Councilwoman Mills on doing a great job as chairperson of
BRACA. There must be a wonderful group of individuals serving on BRACA. Councilwoman
Mills agreed the Board members’ participation was what made BRACA successful.
OLD BUSINESS: None.
Award of Bid for ADA Ramp Replacement Phase 2. Mr. Merriman respectfully
requested Council award the bid for ADA Ramp Replacement project and authorize the City
Manager to enter into a Contract with R.A. Miller Construction Company for $27,500 and issue
a Purchase Order for same. This project involves reconstruction of 25 handicap ramps in Priority
Investment Area #5 of the City of Xenia Community Assessment Strategy. He noted Mary
Crockett, Community Development Director, was available for questions.
Motion by Councilman Esprit, seconded by Councilman Engle, to award the bid for ADA Ramp
Replacement project and authorize the City Manager to enter into a Contract with R.A. Miller
Construction Company in the amount of $27,500 and issue a Purchase Order for same.
Vice President Miller noted he was not related to the contractor, R.A. Miller Construction
Company.
President Felton clarified these were new ramps and not replacements for those previously done.
Ms. Crockett said that was correct. She added the first contractor’s bid was so low that there was
over $25,000 leftover. The Engineering Department requested and received four bids on the
project with very competitive pricing. The lowest and best bid was received from R.A. Miller
for $27,500. R.A. Miller has done a good job for the City in the past and is a reputable firm. In
the first phase, 60 to 61 handicap ramps were constructed. This project will accomplish another
25 ramps. President Felton said she thought handicap ramps were already replaced on Second
Street. Ms. Crockett said some ramps were replaced on W. Second Street, but these are new
ramps for the most heavily trafficked areas.
Mayor Pennewitt thanked Ms. Simpson for providing the diagrams indicating the locations of the
ramps; they were very helpful to Council. Ms. Crockett said the diagrams also help with
obtaining money from the State. Ms. Simpson spent a great amount of time on the diagrams.
Vice President Miller asked if there would be continuity with the ramps constructed by the new
contractor. Ms. Crockett said yes – the specifications are the same. Mr. Jones agreed.
Nays: None
motion carried.
Authorization to execute Contract for Consulting Services for West Main Street
Enhancement Project, First Phase. Mr. Merriman respectfully requested Council authorize the
City Manager to enter into an agreement with R. D. Zande & Associates, Inc., in the amount of
$29,000 to complete the Preliminary Engineering Design for the First Phase of the West Main
Street Enhancement Project. He noted City Planner, Nimfa Simpson, and Public Service
Director/City Engineer, Jim Jones were available for questions.
Motion by Councilman Esprit, seconded by Councilwoman Mills, to enter into an agreement
with R. D. Zande & Associates, Inc., in the amount of $29,000 to complete the Preliminary
Engineering Design for the First Phase of the West Main Street Enhancement Project.
President Felton asked if the design would include any walls. Ms. Simpson said the first step
toward implementing the West Main Street Enhancement Project is to complete the preliminary
engineering design, which may include some type of retaining walls and landscaping. The
project will not move forward until Council sees and approves the design. President Felton
asked how much money was allocated for this phase of the project. Ms. Simpson said this year,
the City of Xenia budgeted $29,084 for the preliminary engineering for this project. President
Felton commented that the City would spend $29,000 for consultant services in Phase I and get
nothing. Ms. Simpson said the $29,000 would be used for developing a design concept for the
entire corridor of West Main Street from Allison Avenue to Progress Drive and for identifying
the cost of the project. They cannot get to the next stage of bonding from the Transportation
Enhancement (TE) Program until Phase I is completed – it is a requirement of the grant.
Mayor Pennewitt asked if Xenia could have a nice brick wall welcoming people to the City like
the one in Centerville. Ms. Simpson said beautifying the major gateway to the City is part of the
engineering study. Mayor Pennewitt asked if more evergreen trees could be planted to hide the
view of the rear of homes on W. Main Street. Ms. Simpson said the intent of the project is to
provide a landscaping treatment to achieve buffering between the roadway activity and the
residential homes along W. Main Street and to beautify this main gateway to the City.
Nays: None
motion carried.
Transfer of funds and approval of Change Order for Emergency Repairs of
Underground Fuel Storage Tank. Mr. Merriman respectfully requested Council entertain two
motions:
Motion 1: Motion to transfer funds in the amount of $5,530.00 from Account Code 361-1446-55336 to
Account Code 361-1446-55399 for the emergency repair of the underground fuel tank system.
Motion 2: Motion to approve Change Order #1 to increase Purchase Order #59169 by $5,529.10 issued
to WC Story & Sons for a total payment amount of $23,529.10 for the underground fuel system repair.
Mr. Merriman noted City Council approved an Emergency Appropriation of $18,000 on
August 9, 2007, for emergency repairs and compliance upgrades to the fuel storage and
monitoring system at the City Garage. Additional problems were encountered after work began
that required immediate attention.
Motion by Councilman Esprit, seconded by Councilman Propes, to transfer funds in the amount
of $5,530.00 from Account Code 361-1446-55336 to Account Code 361-1446-55399 for the
emergency repair of the underground fuel tank system. No discussion followed. The Roll on
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Vice President Miller, to approve Change Order #1
to increase Purchase Order #59169 by $5,529.10 issued to WC Story & Sons for a total payment
amount of $23,529.10 for the underground fuel system repair. No discussion followed. The Roll
Nays: None
motion carried.
Approval of Summer Brooke Sections 4 & 5 Developer’s Agreement. Mr. Merriman
respectfully requested Council allow changes to the Developer’s Agreement for Summer Brooke,
Sections 4 and 5, with the Arnold Development Company and authorize the City Manager to
sign the modified agreement. He noted Public Service Director, Jim Jones, was directly involved
in these negotiations and available for questions.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to allow the proposed changes to
the Developer’s Agreement for Summer Brooke, Sections 4 and 5, with the Arnold Development
Company and authorize the City Manager to sign the modified agreement. Discussion followed.
Councilwoman Mills asked why staff wished to make changes to #4 of the existing agreement,
how long the agreement had been in effect, and why it is ineffective for this developer.
Mr. Jones said this agreement has been in place for about ten years, which was approved by
Ordinance. Staff was not recommending a new Developer’s Agreement. They are asking City
Council to separately accept this Developer’s Agreement with some changes to accommodate
some of the needs, requests and concerns of the developer that have no impact on what they are
doing. This does not change the original agreement that was adopted by Ordinance; both
agreements basically say the same thing.
Councilwoman Mills felt the revision in #4 was different. It states, “The Inspection Fee shall be
equal to 3% of the total estimated cost of improvements as submitted by the Developer’s
Engineer.” Item #4 (c) in the existing Developer’s Agreement states, “…”10% of the approved
total estimated cost…” Mr. Jones said the 3% relates to inspection fees; the 10% refers to the
performance bond, which is normally requested upfront. When the developer wishes to record
the plat, the City asks for a performance bond for anything the developer has not completed, so
the City has a 100% performance bond. As soon as that is satisfactorily completed, they go to a
maintenance bond, which is 10% of the total project costs. When the developer begins building,
they will be building on their own property. The biggest thing the City would be concerned with
is if the City would be stuck if there were a problem. In this case, the developer is building on
their own property, they will bury the waterline pipe, and if they default, there will be a piece of
property the developer has invested money in, and they walk away from it. Requiring a bond
will not protect the City because the City would not accept the land. For example, if someone
wanted to bury a piece of pipe in their yard, that is fine. However, it is a different situation if the
property owner wants the City to accept the property. If so, staff would inspect and test the lines
and request a 10% maintenance bond. The developer/owner cannot sell any lots until the plat is
recorded, and the developer cannot record the plat until the City has a 100% performance bond
for those items that are not completed and a 10% maintenance bond of the total project costs.
Councilwoman Mills clarified the City would not be held liable for any work done [before the
City accepts it]. Before the developer can sell lots, they must come back before the City, and the
City has the final approval and can identify any adjustments that need to be made. Mr. Jones
said yes; several staff members review and sign off on the final plat plans and the developer
cannot sell lots until they record the plat.
Vice President Miller noted he is the chairperson of the Board of Zoning Appeals. This year
they had a problem with a builder who constructed two homes that did not meet the proper
setback requirements. Since the properties were both under roof, demolishing the homes was not
a feasible alternative. In this situation, what would happen if the developer buries a pipe that is
supposed to be buried ten feet and it is only buried 8½ feet? If we do not have a performance
bond in place, then that could be a problem. He would much rather have the City inspect the
pipes, even though they are on private property, because the future goal is still to sell houses on
that property. Mr. Jones said all the City inspects is utilities and a right-of-way that would
eventually be accepted by the City after the City approves the utilities. The developer cannot
build houses until the plat is recorded, which means the City approved it. The developer cannot
transfer the property and sell lots to get building permits until the City approves it.
Vice President Miller said he understood that. What happens if the developer sinks money into
the property, and it is not inspected because it is their private property? Mr. Jones said the
developer would have lots with no houses. Vice President Miller said he was concerned for the
developer. If the developer hires subcontractors that do unacceptable work, the City may end up
with problems. Mr. Jones said in the existing agreement, the developer only posts a 10%
performance bond before commencing any work on the waterline. Upon completion of the
waterline, the developer will post a 10% maintenance bond, but that could still happen. The City
will have an inspector there full-time to inspect utilities. Regarding the building lots, the
developer cannot sell the lots or build homes until the plat is recorded, which means the bonding
has to be in place. Most of the upfront work, other than roads, will be underground.
Vice President Miller noted the City had two homes that were occupied before the problems
were brought before BZA. Mr. Jones said that was a different situation. The site plan was
already approved and the homes were built because someone in the Building Inspection
Department or Zoning Inspection Department did not check the proper setback requirements.
Councilman Engle asked if a special situation for a developer had ever been created previously.
Mr. Jones said not to his knowledge. Councilman Engle asked what precedent would be set by
doing this and what the City’s potential liability would be. Mr. Lewis said he did not think the
City had any potential liability. However, if the agreement is amended this time, Council should
be prepared to amend it in the future. The 3% inspection fee should address Vice President
Miller’s concern. Even though the City has not accepted the improvements, staff will inspect
whatever utilities the developer lays underground. Mr. Jones said if staff finds it unacceptable,
the developer will have to correct the situation or the project will be shut down.
Mr. Lewis agreed this situation was different than the one cited by Vice President Miller. The
developer will not be allowed to move forward without passing the City’s inspections.
Mr. Jones said he has been more involved in this project than with others because the former
Assistant City Engineer was handling these issues previously. Once he got involved and
reviewed the agreement with the developer more deeply, he discovered some issues he may
bring back to Council. He may request some refinements and clarifications because there are
some vague areas. There are also some policy issues he needs to deal with, which do not have to
come back before Council.
Mr. Lewis said before this current Developer’s Agreement, the City required a 100%
performance bond upfront. About ten years ago, then City Solicitor Kimberly Mayhew, the City
Engineer at that time, and Nimfa Simpson wrote the Developer’s Agreement. In that process, the
bond was reduced to 10%. He asked Ms. Fackler to pull agreements from Beavercreek and
Fairborn, although he knows they don’t have to do what everyone else does. Their Developer’s
Agreements are similarly drafted, but they do allow for this type of modification. Council can do
whatever they want; he just wanted to provide them with the information.
Councilman Esprit asked if the City is protected. Mr. Jones said yes, which was a major concern
he also had. The 10% performance bond is the only significant difference. Also, Item #5 states,
“The developer agrees to complete all required improvements no later than 24 months from the
date of the Agreement except for sidewalks, which will be completed as part of the construction
of the primary residence on each individual lot and which will not require extensions of the
construction schedule under paragraph 9 of this Agreement.” The reason for the extra language
in Item #5 is because bonding on the sidewalks is done on an individual basis. The developer is
not held to a certain time frame because the sidewalks are not installed until after construction of
each individual home is complete. Things are done in conjunction with the developer that are
not necessarily cast in stone in the Agreement. He does not see any exposure for the City; he
would have opposed the modifications had he seen any liability.
Mayor Pennewitt noted #4 states, “The Inspection Fee shall be equal to 3% of the total estimated
cost of improvements as submitted by the Developer’s Engineer.” She questioned if the estimate
of the developer’s engineer would be less than the actual cost of improvements, resulting in the
City losing money. Mr. Jones said that was a major point of contention in the discussion with
the developer and something he plans to change in the future. The only reason he conceded on
that point was because historically the City has never used a detailed estimate that the City
prepared; the City has only used the developer’s estimate. If the wording were changed, it would
be inconsistent with what was done in the past. From this date forward, the Agreement will state
the City’s Engineer’s estimate in detail. He will no longer permit what has happened in the past.
Mayor Pennewitt asked if they City would lose 7%. Mr. Jones no; the City would lose 3% of the
difference between what the City estimates the cost of the improvements to be versus what the
developer comes up with. Mr. Lewis explained the 3% relates to the inspection fee; the 10%
refers to the performance bond – they are two different numbers.
President Felton noted paragraph #4 states, “The Developer will be permitted to construct and
install all or a substantial portion of the required improvements before recording the Record
Plan without posting any bonds.” She has a problem with the word substantial because the
definition is too broad. Mr. Jones said the developer can do the whole thing, but the City has not
approved or accepted it. President Felton said she was frustrated. The current Developer’s
Agreement has worked for years. If an exception is made now, more exceptions will need to be
made in the future. She did not feel making these changes to the Agreement was a benefit to the
City. She did not care who the developer was; this developer builds beautiful homes. She did
not care what Beavercreek and Fairborn do because she is only concerned about protecting the
citizens of Xenia. She felt if Council approves these changes, the City might be sued if it does
not approve changes requested by other developers in the future. She asked Mr. Lewis if her
assumption was correct.
Mr. Lewis stated if Council amends this agreement, they should be prepared to revise the current
Developer’s Agreement to be similar to the wording in the Beavercreek and Fairborn
Developer’s Agreements.
Ayes: Miller and Esprit
Nays: Engle, Propes, Mills, Pennewitt, and Felton
motion failed.
Vice President Miller said he understood this was very difficult, but he wished to extend to this
developer and potential developers that in his dealings with small business owners and potential
businesses that want to come to Xenia, they sometimes have to make it easier for them. The
opinion in Greene County is that it is not fun to come to Xenia and start a business or develop
here. He felt they need to think ahead of the game instead of chasing people away.
Councilman Esprit agreed with Vice President Miller, which is why he asked Mr. Jones if the
City would have any liability. We have to encourage people to come into our great city.
Emergency Ordinance adjusting appropriations for Waterline Oversizing (Summer
Brooke, Section 4). Mr. Merriman respectfully requested Council entertain two motions.
Motion 1: Motion to waive the rule requiring the reading of an ordinance at two consecutive meetings,
and adopt the proposed ordinance as an emergency to appropriate $23,940.00 into account #664-133855503 (Water Mains and Valves) to compensate Arnold Development Company for oversizing the water
main along Stevenson Road.
Motion 2: Authorize the City Manager to sign the Memorandum of Understanding for the oversizing of
1,330 feet of water main from an 8” to a 12” water main and issue a Purchase Order to Arnold
Development Company for $23,940.00.
CITY OF XENIA, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2007,
FOR THE OVERSIZING OF A NEW WATERLINE ALONG STEVENSON ROAD, AND
Vice President Miller asked if this would help with the looping of the waterlines throughout the
City. Mr. Jones said yes. The next stage of the extension would be if Singing Greens were
developed, the City would ask for the same thing from that developer.
Nays: None
motion carried
Nays: None
motion carried
Motion by Councilwoman Mills, seconded by Councilman Esprit, to authorize the City Manager
to sign the Memorandum of Understanding for the oversizing of 1,330 feet of water main from
an 8” to a 12” water main and issue a Purchase Order to Arnold Development Company for
$23,940.00. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
totaling $340,800.05. Discussion followed.
Vice President Miller asked if Green Leaf Printing and Design Inc. [11 shirts for BRACA @
$294.50] and Gradeco of Clinton Co. LLC [asphalt driveway/screen building @ $3,400] were
located in Xenia or Greene County. Mr. Jones said there are no paving companies in Xenia.
Mr. Bazelak said the $3,400 was for paving done at the Glady Run WTP. He said he would
check the addresses of both companies and share the information with Council.
Nays: None
motion carried.
Emergency Passage of a Resolution of Appreciation – 1998 Charter Review
Committee. Mr. Lewis said at the request of Councilman Esprit, his staff has prepared a
Resolution to acknowledge the work done by the 1998 Charter Review Committee members,
which he respectfully requested be passed as an emergency measure.
Councilman Esprit presented a RESOLUTION OF APPRECIATION FOR THE DEDICATED
EFFORTS OF THE 1998 CHARTER REVIEW COMMITTEE, AND DECLARING IT TO BE
AN EMERGENCY.
of a resolution at two consecutive meetings be dispensed with and this resolution be placed at
Nays: None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, that Resolution Number 07-M be
Nays: None
motion carried.
RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION,
THROUGH THE MIAMI VALLEY REGIONAL PLANNING COMMISSION, FOR TRANSPORTATION ENHANCEMENT PROGRAM FUNDING FOR THE SECOND PHASE OF
THE WEST MAIN STREET ENHANCEMENT PROJECT, and it was read for a second time.
Motion by Councilman Propes, seconded by Councilman Esprit, that Resolution Number 07-N
Nays: None
motion carried.
Mr. Lewis presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF
DEVELOPMENT, FOR THE ADMINISTRATION OF THE CDBG AND HOME-FUNDED
HOUSING REVOLVING LOAN FUND, and it was read for a second time.
Motion by Councilman Engle, seconded by Councilman Esprit, that Resolution Number 07-O be
now passed. Discussion followed.
President Felton asked if this resolution dealt with Greene County and rent. Ms. Crockett said
no. This is the general agreement between the City and the State of Ohio to allow the City to use
its program income in the Housing Revolving Loan Fund capacity. It is not related to
homelessness. It is related to the home repair portion of the CHIP grant.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Engle and Vice
President Miller had nothing further to share.
Councilwoman Mills encouraged everyone to look out for kids on Tuesday evening,
October 30th, during “Beggar’s Night.” Please have a safe and fun evening and come to the
Xenia Station “Halloween Event.”
Councilman Propes noted there is still one vacancy on the Traffic Commission and invited
anyone interested to send a letter to the City Clerk.
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09/28/07 - Attended the “Old Timer’s Day” opening ceremony
10/01/07 - Attended the Clark State Greene Center dedication
10/03/07 - Attended “Meet Me at the Station” and XEGC meeting
10/04/07 - Chaired a Planning and Zoning Commission meeting
10/05/07 - Attended the City Employees’ Recognition Dinner
10/06/07 - Toured the renovated Marshall House located at 255 W. Third Street
10/10/07 - Attended “Meet Me at the Station” and Mayors & Managers meeting
10/18/07 - Attended an “Under One Roof” committee meeting
10/22/07 - Attended an “Under One Roof” committee meeting
10/23/07 - Attended the Candidates Night forum at XARSC
10/23/07 - Attended the Xenia Community School Board meeting to discuss “Under One Roof”
10/24/07 - Attended “Meet Me at the Station”
President Felton suggested people who wished to help the evacuees from the California fires
should donate money to their favorite charity. Almost 1 million people were evacuated, which
was remarkable. Xenia residents know what it is like to receive assistance from others.
Councilman Esprit said he attended several “Under One Roof” committee meetings. He
encouraged everyone to have fun but to be safe and watch out for youngsters on Halloween. He
offered a prayer for City Manager, Ken Johnson, who is ill.
the Regular Session at 8:30 p.m., to go into Executive Session. No discussion followed. The
Nays: None
motion carried.
Xenia City Council
Xenia City Council
November 8, 2007
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on November 8, 2007, at 7:00 p.m., in the City
Patricia L. Felton.
Council-Elect members Dale Louderback and John Caupp were also present.
INVOCATION: Will Urschel, Emmanuel Baptist Church, gave the invocation after which all
joined in the Pledge of Allegiance.
APPROVAL OF MINUTES: Motion by Councilman Esprit, seconded by Councilman Propes,
to approve the October 20, 2007, Special/Executive Session minutes as written. Brief discussion
followed. Councilwoman Mills asked that the minutes reflect that she was not present at the
meeting. The Roll on this was the following:
Ayes:
Miller, Engle, Esprit, Propes, Pennewitt, and Felton
Abstain: Mills
Nays:
None
motion carried.
Motion by Councilman Esprit, seconded by Mayor Pennewitt, to approve the October 25, 2007,
following:
Nays: None
motion carried.
Dr. Jon Ellis, 55 Clifton Road, said he was representing the Source Water Protection Committee
for the City of Xenia. The subject is the water supply pricing policy for Xenia’s water source
protection zone customers. At their October 23, 2007, meeting they were reminded that owners
of property in Xenia’s well field zone protection area within Xenia Township are being charged
a large premium over intra-city rates for water service derived from the aquifers beneath their
land. The Committee is well aware that the property owners in this protection area live and
operate their property under special restrictions to preserve the safety and non-contamination of
Xenia’s water supply. There is precedent for City Council to acknowledge these property
owners for their contribution. It is the desire of this Committee that Council considers a
reduction in the rate charged for water for those property owners that submit to initial and annual
inspections to verify the required conditions are being kept in accordance with the protection
ordinance. Presently, only seven property owners are fed city water within the One-Year Timeof-Travel area. The remaining owners have their own wells. Some of these seven customers
have already made special arrangements with the City. This would be predicated upon full
compliance to applicable restrictions in the Source Water Protection Area.
President Felton stated Council would take this matter under advisement.
Vruddhi Choksy, 36 N. Broad Street, Fairborn; Heather Brech, 281 Clear Springs Road, Spring
Valley; and Barbie Stahl, 2130 Zink Road, Fairborn, shared a handout supporting their request
that Council consider an ordinance requiring veterinarians to report suspected animal abuse.
There are several strong reasons for this. There is a well-established link between animal cruelty
and subsequent violence toward human beings. According to one of the studies, over 70% of
battered women who seek shelter from their abusers stated that their abusers threatened, harmed,
or even killed their pets. According to the same survey, 32% of children who are abused in some
way by a family member had killed or injured an animal. By enacting this ordinance, they will
be able to help prevent children from becoming potential human abusers and will be able to
punish the crime abusers. This link is publicized among violent criminals, such as Jeffrey
Dahmer, who began by harming or killing animals and then killed humans. Several states have
enacted this ordinance and it has helped them tremendously. As more states enact more laws
that protect animals, more abuses are reported. They are able to punish the abusers at an earlier
stage, therefore saving human lives. There is the argument that enacting such an ordinance is a
state legislation, not a City Council matter; however, a local municipality can enact any law as
long as it does not violate the statutes or laws set down by the state or national legislature. There
is no reason Xenia cannot take the first step and set an example for others to follow. They urged
Council to consider the 11-page document they shared and to do what is best for the community.
Traffic Commission: Councilman Propes said XTC met on November 5th and welcomed
their newest member, John Jenkins. There was a presentation by MVRPC Manager, Ana Ramirez,
regarding the Long Range Transportation Plan and Planning Process for the City of Xenia. He
offered to share the list of Xenia’s current MVRPC projects. Old business was discussed. Council
will be asked to consider a proposal for a “No Parking Zone” in one area of Rockwell Drive and
Buckskin Trail. They discussed whether to leave the stop sign by John Sale Manor or to install a
citizen actuated signal. The Commission and staff favored leaving the stop signs since they have
received positive comments. They discussed the Commonwealth and Colorado Drive issue
brought to the Commission by President Felton. Jim Jones and Commissioners visited the area and
found no problems; however, staff will continue to monitor it.
Vice President Miller said he previously e-mailed Councilman Propes about a citizen complaint
in the area of Progress Drive. He did not know if traffic has increased or decreased since then,
but he has experienced the same problem. He has difficulty making a left or right turn onto
Progress Drive from the side streets because motorists drive at high speeds when exiting 35/Main
Street onto Progress Drive. Councilman Propes said the entire area was an issue XTC planned to
discuss at the meeting. Sgt. Lane conducted research in the area but had to leave the meeting due
to a police emergency; therefore, that issue was not discussed.
Greene County Regional Planning Commission: Councilman Propes said the
Commission met on October 23rd at the Greene County Sanitary Engineering/Public Works
building in Xenia. They discussed several subdivision reviews in Sugarcreek Township. A
builder would like to erect a butcher shop/restaurant on the Clark County/Greene County line (a
small portion is in Greene County), which has created some unique and complex issues that they
need to make a decision on for flood control and utility purposes. They also did zoning reviews
on residential developments in Cedarville, Bath, and Xenia Townships.
Board of Zoning Appeals: Vice President Miller said the October meeting was
cancelled due to lack of agenda items. BZA will not meet in November since no agenda items
were submitted within the time frame required.
Reschedule the November 22nd meeting due to the Thanksgiving Holiday. President
Felton entertained a motion to reschedule the November 22, 2007, meeting due to the
Thanksgiving holiday.
Motion by Councilwoman Mills, seconded by Vice President Miller, to reschedule the Thursday,
November 22, 2007, XCC meeting to Monday, November 19, 2007. No discussion followed.
Nays: None
motion carried.
Councilman Esprit congratulated the victors in all of Greene County following the November 6th
election. He thanked the citizens of our great community for permitting him to represent them
for the past 12 years; it has been an honor. In the words of our friend, Mr. Koussa, “Thank you,
thank you, thank you.” (Applause followed.)
OLD BUSINESS: None.
REPORTS OF CITY OFFICES: Mr. Merriman said the November 19th XCC agenda would
be available by Wednesday, November 14th. President Felton asked if there were many agenda
items. Mr. Merriman felt the agenda would be light. President Felton said if would be fine to
have the agenda ready by Thursday, November 15th, which would give Council time to review it
over the weekend. She realized the City Manager’s Office was working on the 2008 budget.
Waive Competitive Bidding and Authorize Emergency Execution of Lime Supply
Agreement with Huron Lime. Mr. Merriman respectfully requested Council approve an
emergency Ordinance waiving competitive bidding for the 2008 Biosolids Processing-Lime
Supply and authorize the City Manager to execute a contract with Huron Lime, Inc., at the rate of
$116.30 per ton delivered. Staff experienced no major problems or discrepancies during the use
of their product. Since 1999, they have been the lowest bidder, with the exception of 2003.
Huron Lime, Inc., has quoted lime supply for 2008 to the City with no incremental increase from
the 2007 amount of $116.30 per ton delivered
Mayor Pennewitt presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO
HURON LIME, INC., FOR THE PURPOSE OF THE 2008 BIOSOLIDS PROCESSING-LIME
SUPPLY, AND DECLARING AN EMERGENCY.
President Felton noted the estimated volume for 2008 is 255 tons; she felt the $30,000 staff
requested in the line item may not be enough money if the entire inventory is used and they need
more. She did not want Council to be asked to appropriate more money in 2008. Mr. Merriman
said staff would review their estimates. President Felton asked if there was money remaining in
the line item in the 2007 budget. Mr. Merriman said he did not know. President Felton asked
Mr. Merriman to check. He said he would do so.
Mr. Bazelak clarified this was an emergency ordinance.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, that Ordinance Number 07-54
Nays: None
motion carried.
Vice President Miller asked if lime could be stored if there was money left in the 2007 budget.
Mr. Merriman said he was not familiar with the conditions under which lime could be stored. He
offered to check.
Mr. Bazelak reminded Council they have the ability to transfer money. If the budgeted amount
is not spent in another line item, they are able to transfer those funds. President Felton said
transferring money was an issue with Council; they cannot follow money that is transferred.
Mr. Merriman said staff would review the allocation and inform Council of the outcome.
Authorize City Manager to enter into Towing Agreements with three local towing
companies. Mr. Merriman respectfully requested Council entertain three (3) motions:
Motion #1: Authorize the City Manager to execute the Towing Agreement per the fees outlined in the
agreement with Moorman’s Towing & Body Shop, Inc., now and in future years providing there are no
substantial changes to the contract or vendors utilized.
agreement with Rick’s Auto Service Center now and in future years providing there are no substantial
changes to the contract or vendors utilized.
agreement with Johnson’s Towing, LLC, now and in future years providing there are no substantial
changes to the contract or vendors utilized.
He noted Police Chief, Randy Person, was available for questions.
Motion by Councilman Esprit, seconded by Vice President Miller, to authorize the City Manager
to execute the Towing Agreement per the fees outlined in the agreement with Moorman’s
Towing & Body Shop, Inc., now and in future years providing there are no substantial changes to
the contract or vendors utilized. Discussion followed.
President Felton asked if the rates from four years prior had increased. Chief Person said in most
cases, the primary tow fees increased about $10 per tow. The fees were brought in line with
those charged by other jurisdictions and Greene County; therefore, the vendors only need one
schedule for all the areas in which they tow.
Mr. Lewis noted the City’s rates are less expensive than those of several surrounding
municipalities. He felt the City got a very good deal.
President Felton thanked staff for the time they spent obtaining prices and making the vendors
happy.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to authorize the City Manager
to execute the Towing Agreement per the fees outlined in the agreement with Rick’s Auto
Service Center now and in future years providing there are no substantial changes to the contract
or vendors utilized. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Councilwoman Mills, to authorize the City
Manager to execute the Towing Agreement per the fees outlined in the agreement with Johnson’s
Towing, LLC, now and in future years providing there are no substantial changes to the contract
or vendors utilized. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Renew Five-Year Lease Agreement with Xenia Adult Recreation and Services
Center. Mr. Merriman respectfully requested Council authorize the City Manager to execute the
Five-Year Lease Agreement (with the option of an additional Five-Year Agreement) with the
Xenia Adult Recreation and Services Center (XARSC).
to execute the Five-Year Lease Agreement (with option of additional Five-Year Agreement) with
the XARSC. Discussion followed.
Vice President Miller said earlier this evening he asked for clarification on the insurance from
the City Manager’s office. It did not make sense for both the City and XARSC to pay for
insurance on the same building. He realized the City was required to pay insurance since it owns
the building but wanted to ensure the proportions paid were correct. He had no problems with
the contract. He realized XARSC was also carrying insurance and wanted to ensure their portion
was correct.
Mr. Merriman said the prior agreement required the XARSC to insure the structure for $450,000.
The current insurance agreement requires them to carry insurance coverage of $600,000. They
currently have insurance totaling $1.2 million for the building; $150,000 for the contents; and
they have insurance on an accessory building located on the property. Their insurance for the
structure far exceeds the current listed value, which the Greene County Auditor estimates to be
$590,000.
President Felton said she did not like the contract. She did not feel it was complete or correct
and should not have come before Council written in this context. She did not understand why
the contract was written for a flat fee rather than for “replacement value”. She insures her home
and contents for replacement value, not depreciated value. The City does many things for senior
citizens and this is one example. She felt the contract should be written correctly before she
could vote for passage.
Mr. Merriman said the City’s insurance does not cover the contents; it covers the building up to
$3 million, which is more than the replacement value.
President Felton agreed with Vice President Miller; she did not understand why they were both
paying insurance on the structure. Either the City or XARSC should pay more or they should
share the costs. The City owns the building and leases it to XARSC at a yearly cost of $1.00. As
a non-profit organization, XARSC struggles with their budget every year. The City gives a
certain amount to keep the organization functioning and to provide services to senior citizens.
This is one area where the City could do more.
Mr. Lewis said the City began insuring the building a few years ago to help XARSC. He did not
understand why XARSC did not just carry liability insurance and insurance to cover its contents.
A few years ago, the City agreed to assist XARSC by assuming the costs of insurance on the
actual structure. XARSC may not realize they do not need to carry the same insurance coverage
the City already pays.
Mayor Pennewitt suggested the agenda item be tabled until Council has all the facts. President
Felton asked if there was time to delay passage until all the questions are answered.
Mr. Merriman thought there was time since the deadline is the end of December.
Motion by Councilman Esprit, seconded by Vice President Miller, to table discussion on
Renewal of the Five-Year Lease Agreement with Xenia Adult Recreation and Services Center
until the next Council meeting. Discussion followed.
Mr. Merriman asked for clarification. Is it Council’s opinion the City should inform XARSC
that the City will carry insurance on their behalf for both the structure and contents.
Mr. Lewis said no; XARSC should carry insurance coverage on the building’s contents and carry
liability insurance. President Felton agreed; XARSC should carry something similar to “renter’s
insurance.” Mr. Lewis stated “renter’s insurance” is not typically carried on a commercial lease.
President Felton said she wanted to ensure the City and XARSC were not carrying duplicate
insurance.
Ayes:
Abstain: Pennewitt
Nays:
None
motion carried.
Mayor Pennewitt stated she abstained because she serves on the XARSC Board.
Items for the City Manager: Mr. Merriman announced a Spring Hill Park
Redevelopment Charrette is scheduled for November 13, 2007, from 7 p.m. until 9 p.m., at the
Emmanuel Baptist Church, 1120 S. Detroit Street. They would like to ascertain the community’s
thoughts on what they would like to see at Spring Hill Park. President Felton asked if the
information on the meeting was displayed on Channel 5. Mr. Merriman thought it was
displayed, but if not, he will see that it is.
Councilwoman Mills noted BRACA members plan to attend the meeting; their regular meeting
would begin at 8 p.m.
Award of Bid for Outsourcing of Monthly Utility Bills and Disconnect Notices.
Mr. Bazelak respectfully requested Council award the bid for outsourcing of the printing and
mailing of monthly utility bills to SmartBill for a three (3) year period at a rate of $0.115 per bill
and $0.10 per shut off notice, plus applicable postage, and authorize the City Manager to enter
into the agreement. The City currently utilizes SmartBill and has been very happy with their
service. They are now able to include inserts, such as the City survey, and will soon have
another insert explaining the process for automated meter reading to begin next year. He
entertained questions from Council.
Motion by Councilman Propes, seconded by Vice President Miller, to award the bid for
outsourcing of the printing and mailing of monthly utility bills to SmartBill for a three (3) year
period at a rate of $0.115 per bill and $0.10 per shut off notice, plus applicable postage, and
authorize the City Manager to enter into the agreement. Discussion followed.
Mayor Pennewitt asked how much money the City has saved by outsourcing the bills versus
having staff prepare them. Mr. Bazelak said there is some cost associated with outsourcing the
utility billings, but savings are realized in staff time and not having to pay for the actual utility
bills versus the service costs. Outsourcing is a little more expensive; however, he felt the cost
was justified because the new utility bills include the return envelope and space for a comment
section for events and information of importance to citizens. There is a savings on disconnect
notices because they were more expensive when purchased in the past. Outsourcing the
disconnect notices at a cost of $0.10 per shut off notice is a cost savings to the City. It costs
about $1.20 per year/per customer to outsource the utility bills.
Nays: None
motion carried.
Introduction of two Resolutions for Suspension of Uncollectible Utilities Receivables
and Uncollectible Loans/Grants Receivables. Mr. Bazelak respectfully requested Council
introduce two resolutions:
1) A Resolution Authorizing Suspension of Uncollectible Utilities Receivables from the active records
of the utility funds.
2) A Resolution Authorizing Suspension of Uncollectible Loans/Grants Receivables from the active
records of the loan/grant funds.
Councilwoman Mills introduced a RESOLUTION AUTHORIZING SUSPENSION OF
UNCOLLECTIBLE UTILITIES RECEIVABLES, and it was read for the first time.
Councilwoman Mills introduced a RESOLUTION AUTHORIZING SUSPENSION OF
UNCOLLECTIBLE LOANS/GRANTS, and it was read for the first time.
Vice President Miller asked when Council would vote on the resolutions. Mr. Bazelak said
Council would vote on the resolutions at the next Council meeting.
Motion by Councilman Esprit, seconded by Vice President Miller, to approve payment of bills
Nays: None
motion carried.
RESOLUTION AMENDING THE XENIA URBAN SERVICE AREA LAND USE PLAN
1995-2015 RELATIVE TO ITS RECOMMENDATION AFFECTING PLANNING AREA
GR-3, and it was read for a second time.
Motion by Vice President Miller, seconded by Councilman Esprit, that Resolution Number 07-P
be now passed. No discussion followed.
Nays: None
motion carried.
Mr. Lewis presented an ORDINANCE REZONING APPROXIMATELY 6.138 ACRES
LOCATED AT 834 BELLBROOK AVENUE FROM R-1C ONE-FAMILY RESIDENTIAL
DISTRICT TO I-O INDUSTRIAL OFFICE DISTRICT, and it was read for a second time.
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes,
Councilwoman Mills, Councilman Engle, and Councilman Esprit had nothing further to share.
Mayor Pennewitt thanked Councilman Esprit for representing her at the XARSC Roast in honor
of Greene County Sheriff, Gene Fischer.
Vice President Miller thanked the citizens of Xenia for their support in the recent election. He
was honored to serve on Council with Councilman Engle and Councilman Esprit. Councilman
Esprit is a mentor.
President Felton thanked the voters for their support. She noted the newly elected Councilmen,
Dale Louderback and John Caupp, were in the audience tonight. She announced Council would
have a work session on December 1, 2007, at 9:00 a.m., to discuss the 2008 budget. The budget
should be ready by November 17th. She invited Mr. Louderback and Mr. Caupp to join Council
at the meeting; copies of the 2008 budget will be provided to them.
Nays: None
motion carried.
Xenia City Council
Xenia City Council
November 19, 2007
Executive Session
6:30 p.m.
The Xenia City Council met in an Executive Session on November 19, 2007, at 6:30 p.m., in the
Miller, Michael D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L.
Felton.
Dr. Lee G. Esprit, Jr., was absent.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to go into an Executive Session
to discuss Potential Litigation and Sale of Real Estate. No discussion followed. The Roll on this
was the following:
Nays: None
motion carried.
The City Council convened in Executive Session to discuss Potential Litigation and Sale of Real
Estate.
Regular Session
7:00 p.m.
The Xenia City Council met in a Regular Session on November 19, 2007, at 7:10 p.m., in the
Michael D. Engle, Dennis R. Propes, Jeanne Mills, Phyllis A. Pennewitt, and Patricia L. Felton.
Council-Elect members Dale Louderback and John Caupp were also present.
INVOCATION: Dan McClain, Xenia First Church of the Nazarene, gave the invocation after
Motion by Mayor Pennewitt, seconded by Vice President Miller, to excuse Councilman Esprit
from the meeting because he is teaching a class at Central State University. No discussion
Nays: None
motion carried.
APPROVAL OF MINUTES: Motion by Councilwoman Mills, seconded by Councilman
Propes, to approve the November 8, 2007, Regular Session minutes as written. No discussion
Nays: None
motion carried.
SPECIAL PRESENTATION: Resolution of Appreciation for Rebecca Louderback.
Mayor Pennewitt said this was a special night for a special person. On behalf of City Council,
the public officials, and staff she presented a Resolution paying tribute to Rebecca Louderback,
Assistant Finance Director, for her 32 years of valuable service to the City of Xenia. Her
integrity, dedication, and professionalism is of the highest degree and worthy of emulation. She
earned the respect, trust, and admiration of elected officials, appointed officials, staff, and the
citizens of Xenia, all of whom wish to express their sincere thanks and appreciation, and extend
to her their best wishes for many years of happiness during her retirement. Her passion and
enthusiasm was evidenced by her generosity and devotion of countless hours of volunteer service
to the City of Xenia Recreation program and many community functions. She was named the
“2006 Volunteer of the Year.” (Applause followed.)
Mrs. Louderback said she has enjoyed working for the City of Xenia, Council, and staff. She
said she would be available to volunteer where needed. (Applause followed.)
Mayor Pennewitt presented a RESOLUTION GIVING TRIBUTE TO REBECCA
LOUDERBACK IN RECOGNITION OF HER VALUABLE SERVICE TO THE CITY OF
XENIA.
Motion by Mayor Pennewitt, seconded by Councilman Propes, that the rules requiring the
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilman Propes, that Resolution Number 07-Q be
Nays: None
motion carried.
Planning & Zoning Commission: Mayor Pennewitt said XPZC held a public hearing
on November 15th regarding the Amendment to Chapter 1236.14 Mandatory Parkland
Dedication and Fee-in-lieu of Regulations; Fees for Park Acquisition and Development
Requirements. The XPZC recommended that the Amendment be sent back to staff for further
changes.
Mayors & Managers: Mayor Pennewitt said she was unable to attend the meeting.
November 1st and approved the Amendment to MVRPC’s SFY 2008 – 2011 Transportation
Improvement Program. Copies of the Draft List of 2030 Long Range Transportation Congestion
Mitigation System Projects and the books on Walkable Communities were distributed.
OLD BUSINESS: President Felton noted at the November 8, 2007, meeting, Council tabled
discussion on Renewal of the Five-Year Lease Agreement with Xenia Adult Recreation and
Services Center. Council instructed staff to bring the Contract back for discussion tonight.
However, due to an emergency with the City Manager, etc., and attempting to schedule a
meeting with Xenia Adult Recreation and Services Center staff, it is not ready for discussion
tonight. She entertained a motion to remove it from the table and send it back to staff; they will
bring it back to Council before the end of 2007 when the Contract expires.
Motion by Councilman Propes, seconded by Vice President Miller, to remove from the table the
Renewal of the Five-Year Lease Agreement with Xenia Adult Recreation and Services Center.
No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Propes, to send the Renewal of the
Five-Year Lease Agreement with Xenia Adult Recreation and Services Center back to staff.
Brief discussion followed. President Felton asked if staff could meet the deadline of
December 31, 2007. Mr. Merriman, Assistant City Manager, said absolutely. The Roll on this
was the following:
Nays: None
motion carried.
Award of Bid for Police Division Uniforms. Mr. Merriman respectfully requested
Council award the bid and authorize the execution of 2008 Purchase Orders to Galls on an asneeded basis for the purchase of police uniforms as provided in the request for proposal.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to award the bid and authorize
the execution of 2008 Purchase Orders to Galls on an as-needed basis for the purchase of police
uniforms as provided in the request for proposal. Discussion followed.
Mayor Pennewitt asked if wallets and key holders were included in the Police Division’s
contract. Vice President Miller noted the wallets are specifically designed to hold the Police
badges. Mr. Merriman said those items were included.
President Felton noted this is a bid for costs to be incurred in 2008. Nothing will be purchased
until after the 2008 temporary budget appropriation ordinance is approved.
Nays: None
motion carried.
Emergency Ordinance for Additional Garage and Electricity Appropriations.
Mr. Merriman respectfully requested Council move to waive the reading of an Ordinance at two
consecutive meetings, and adopt an ordinance as an emergency to appropriate an additional
$26,000.00 into account 221-1441-53772 to cover remaining garage costs for 2007, and to
appropriate an additional $3,000.00 into account 221-1444-53802, and an additional $6,000.00
into account 101-1009-53802 to cover electric costs for the remainder of 2007.
Councilwoman Mills presented an ORDINANCE AMENDING ORDINANCE 07-07 TO
Motion by Councilwoman Mills, seconded by Vice President Miller, that the rules requiring the
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Vice President Miller, that Ordinance Number
Nays: None
motion carried.
Approval of Transfer of Funds, Emergency Passage of a Resolution, Contract, and
additional Legislation for City Wide Signalization Project. Mr. Merriman respectfully
requested Council entertain six (6) actions in regard to the City Wide Signalization Project:
Motion 1: Transfer $60,000 from 228-5102-55508 to 228-5309-55508.
Motion 2: Transfer $100,000 from 229-5302-55508 to 229-5309-55508.
Motion 3: Waive the second reading and pass as an emergency the Final Resolution.
Motion 4: Authorize the Finance Director to sign Fiscal Officer’s Certificate.
Motion 5: Authorize the City Manager to sign the Contract with the State of Ohio Department of
Transportation for $321,986.20.
Motion 6: Authorize the Finance Director to sign the Escrow Agreement with Security National Bank.
Mr. Merriman noted Jim Jones, Public Service Director/Engineer, was available for questions.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to transfer $60,000 from 2285102-55508 to 228-5309-55508. Discussion followed.
President Felton requested Mr. Jones share the signalization locations with the citizens. She
noted staff is working with the State of Ohio and funding over $1 million in new traffic signals
for the City. Money must be transferred to allow the City to pay its share.
Mr. Jones said they looked at 27 intersections in the City, which includes most of the signalized
intersections. They did not include Thornhill/South Detroit/Home Avenue or Union/U.S. 68.
President Felton asked if Wilson Drive was included. Mr. Jones said yes. Twenty-one (21) of
the 27 signals were warranted by ODOT standards and are ones in which ODOT will participate.
(the City will receive 21 new signals). Per the State’s standards, of the 27 total intersections, six
(6) did not meet warrants. Of those six (6), three (3) are recommended for removal:
Detroit/Third, Collier/Main, and Galloway/Main. Even though Galloway Street is not warranted,
due to safety issues, it will remain. The other two (2) at Detroit/Third and Collier/Main will be
removed. The remaining three (3) signals at Main/Columbus, Church/Columbus, and Main/King
are close to meeting warrants, they function well for the City, and it would not be sound
judgment to remove them either.
President Felton clarified signals would remain at Main/Detroit and Main/King (for the residents
of John Sale Manor) and asked if the West Street signal would remain. Mr. Jones said yes.
Vice President Miller clarified the intersections Mr. Jones named did not qualify for funding
because they did not meet warrants; however, they could be upgraded at the City’s expense.
Mr. Jones said that was correct.
President Felton asked which intersections were not warranted but would be signalized.
Mr. Jones said Main/Columbus; Church/Columbus; and Main/King. The Main/King intersection
needs some signalization work done right now.
Mr. Jones said they were fortunate that copper wiring was used for the underground wiring in the
past; they contemplated going to Fiber Optic wiring. Wagner-Smith (now called Bright Street)
tested all the wires and they are good, which saved some money. The poles will remain the
same. The controller boxes will change. The lighting in the signal heads will change to LED’s
which will cost a fraction of what the City is paying presently. It is a good project. He noted
when the former Assistant City Engineer was here and headed up this project, she asked that the
intersection of Ledbetter Road and U.S. 42 be studied. Because that intersection is warranted, it
will be signalized and be part of this project. He further noted the State is managing the
construction on this project. If there are change orders, even if the City does not request them,
staff will be notified and they will be paid at the City’s expense.
Vice President Miller asked if all six (6) motions could be approved together. President Felton
said other Council members asked that there be separate motions.
Nays: None
motion carried.
Motion by Vice President Miller, seconded by Mayor Pennewitt, to transfer $100,000 from 2295302-55508 to 229-5309-55508. No discussion followed. The Roll on this was the following:
Nays: None
motion carried.
Mayor Pennewitt presented a FINAL RESOLUTION FOR PID NO. 78492 FOR A
COORDINATED SIGNAL SYSTEM ALONG DETROIT STREET, MAIN STREET, AND
SECOND STREET.
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, Resolution Number 07-R be
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Vice President Miller, to authorize the Finance
Director to sign the Fiscal Officer’s Certificate. No discussion followed. The Roll on this was
the following:
Nays: None
motion carried.
Motion by Councilwoman Mills, seconded by Councilman Propes, to authorize the City Manager
to sign the Contract with the State of Ohio Department of Transportation for $321,986.20. No
Nays: None
motion carried.
Motion by Mayor Pennewitt, seconded by Councilwoman Mills, to authorize the Finance
Director to sign the Escrow Agreement with Security National Bank. No discussion followed.
Nays: None
motion carried.
Items for the City Manager: On behalf of the City Manager and staff, Mr. Merriman
thanked Mrs. Louderback for her excellent service to the City. They will miss her. She has been
a tremendous asset, not only to City organizations but also to the community. He wished her the
best and invited her to volunteer at any time.
Motion by Councilman Propes, seconded by Councilwoman Mills, to approve payment of bills
totaling $367,602.74. No discussion followed.
Nays: None
motion carried.
Items for the Finance Director: Mr. Bazelak said he appreciated City Council passing
the Resolution for Becky Louderback, which had to be shortened because they could not capture
everything she has done for the City over her 32 years of employment. She has been invaluable,
both to this community and to the Finance Department. She is a tremendous person who will be
missed very much. They know she will be around, which is a good thing. They will miss her
very much, both professionally and personally.
Introduction of Ordinances and Resolutions: Sale of Surplus Real Estate on
Harner Drive. Mr. Lewis respectfully requested introduction of an Ordinance authorizing the
sale of surplus real estate owned by the City of Xenia, which is no longer needed for any
municipal purpose. He explained when the adjacent Progress Center Phase II was developed
(site for Wal-Mart Superstore and Lowe’s Home Center), Harner Drive was realigned creating a
remnant right-of-way totaling 0.137 acres that is no longer utilized. The owner, Progress Center,
Ltd., represented by Doug Degenhart and Norm Fear, had requested that the City of Xenia vacate
this remnant right-of-way so it can be consolidated with Lot 1 of Progress Center PUD.
Together with the consolidation of 0.104 acres approved by Council on April 26th and this
addition, Lot 1 of Progress Center will become larger in size and more functional for a building
site. This issue was presented to the Xenia Planning and Zoning Commission on April 5, 2007,
and XPZC endorsed staff’s recommendation that required the developer to provide either an
easement or a site in Lot 12 of Progress Center for a community sign in exchange for the City
vacating the former right-of-way of Harner Drive. The community sign would be similar to the
one constructed at North Detroit Street and Ankeney Mill Road. The original Progress Center
PUD approved in 1997, proposed a development sign to be constructed on Lot 12 to identify
Progress Center PUD, but this was not constructed.
He said Doug Degenhart, representing Progress Center PUD, objected strongly to providing an
easement or land for a community sign as he proposes to install a development sign for the
tenants of Progress Center PUD. He withdrew his request for the right-of-way vacation on
April 6, 2007. City Council approved the replat of Lot 1 by adding only the 0.104 acres of land
to the northwest. On April 17, 2007, Mr. Degenhart sent a letter to City Council and public
officials concerning his objection to allowing a community sign on Lot 12. In his letter, he
requested that the staff recommendation and XPZC’s recommendation requiring the developer to
provide land or an easement for a community sign on Lot 12 of Progress Drive be withdrawn.
His advice to Mr. Degenhart is that since the request has gone through the process, it should
continue within the approval process and that City Council is the final decision making body to
either support or overturn the recommendation of City Staff and XPZC.
After research done by staff, in order to vacate the Harner Drive right-of-way, Mr. Degenhart
needed a petition signed by the adjoining property owners. Despite his attempts to get Wal-Mart
to petition to vacate this parcel, Wal-Mart did not respond. Therefore, vacating the parcel is not
an option.
This parcel actually contains 0.1374 acre; 0.1371 adjacent to Lot 1 and 0.0003 adjacent to Lot 2,
in Progress Center, Section One. Mr. Degenhart did not include disposition of the 0.0003 parcel
in his initial proposal to vacate the right-of-way.
Prior to Mr. Fear’s death, he and Mr. Degenhart transferred property for estate planning
purposes. Mr. Degenhart is now the owner of Lot 1. Lot 2 is still owned by Progress Center
LTD. Mr. Degenhart’s attorney proposes the City sell the 0.1371 acre and the 0.0003 acre to Mr.
Degenhart, which the City has the authority to do under ORC 723.121. Once Mr. Fear’s estate is
probated, Mr. Degenhart will sell the 0.0003 acre to Progress Center LTD. He proposes the
selling price of $100 for both parcels. Mr. Degenhart has agreed to enhance and maintain the
south face of the drainage ditch along Lot 1. A landscaping plan that will be submitted at the site
development approval stage shall incorporate an enhancement proposal for this area consisting of
landscaping and slope stabilization treatment, which is currently not there.
He reiterated staff requests introduction of an ordinance to sell the 0.1371-acre and 0.0003-acre
former Harner Drive right-of-way to Doug Degenhart for $100 and to enhance and maintain the
south face of the drainage ditch along Lot 1, authorize the City Manager to execute a purchase
agreement and deed, and approve the re-plat incorporating 0.1371 acres into Lot 1 and 0.0003
acres into Lot 2.
Councilman Propes introduced an ORDINANCE AUTHORIZING THE SALE OF SURPLUS
REAL ESTATE OWNED BY THE CITY OF XENIA, OHIO, NO LONGER NEEDED FOR
ANY MUNICIPAL PURPOSE, and it was read for the first time.
Contract for Services from Public Defender’s Office. Mr. Lewis respectfully
requested Council authorize the City Manager to execute a Contract with the Greene County
Public Defender Commission for Calendar Year 2008 in the amount of $19,500. A copy of a
letter from Greene County Public Defender Arthur L. Sidell III and the proposed contract
between the City of Xenia and the Greene County Public Defender Commission for Calendar
Year 2008 was included in the agenda item report. The proposed contract amount is the same as
2007. The Commission operates the Public Defender’s Office under authority of the Ohio
Revised Code. The primary purpose, consistent with law, is to provide legal counsel to indigent
persons charged within the Xenia Municipal Court jurisdiction. The amount paid by the City of
Xenia is a portion of the budget, which is shared by other political subdivisions in Greene
County. The Public Defender’s Office continues to be of great assistance to the Police Division
and Xenia Municipal Court.
Motion by Mayor Pennewitt, seconded by Councilman Propes, to authorize the City Manager to
execute a Contract with the Greene County Public Defender Commission for Calendar Year
2008 in the amount of $19,500. Discussion followed.
Mayor Pennewitt clarified $19,500 was only a fraction of the revenue the Public Defender’s
Office receives because other entities are paying the same amount. Mr. Lewis said that was
correct; the amount is based on the caseload. Fairborn and Beavercreek pay more than $19,500
because of the higher caseloads in that Court system as opposed to Xenia Municipal Court.
Mayor Pennewitt asked how this could be approved in the 2008 budget without knowing how
many cases Xenia Municipal Court would have. Mr. Lewis said the City is not charged by the
case; it is a flat fee intended to help operate the Office of the Public Defender. If there are more
cases, the City will not be charged more; if there are fewer cases, no refund will be made. The
$19,500 is the portion of the budget based on the 2007 cases that were presented to their office.
Nays: None
motion carried.
RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE UTILITIES
RECEIVABLES, and it was read for a second time.
Motion by Councilwoman Mills, seconded by Mayor Pennewitt, that Resolution Number 07-S be
Nays: None
motion carried.
Mr. Lewis presented a RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE
LOANS/GRANTS, and it was read for a second time.
Motion by Councilwoman Mills, seconded by Councilman Propes, that Resolution Number 07-T
Nays: None
motion carried.
READING OF COMMUNICATIONS AND DISCUSSION: Councilman Propes wished
everyone a “Happy Thanksgiving” and cautioned citizens to be careful while shopping on Friday.
Councilwoman Mills said BRACA did not have a meeting this month due to lack of a quorum.
However, they are working on “Santa in the Park”, which is scheduled for December 6th
beginning at 6 p.m. at Shawnee Park. Activities will include free pictures with Santa, free hot
chocolate and candy canes, a coloring contest, free cookies and cookie decorating, free carriage
rides, and Christmas themed entertainment. She welcomed everyone to attend. She noted that
the Xenia Community Schools are on a two-hour delay the following day. She wished everyone
a “Happy Thanksgiving” and assured Councilman Propes she would not push or shove other
shoppers on Friday.
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10/28/07 - Attended the 50th Anniversary of Bethel Community Church.
10/28/07 - Attended a ceremony for Eagle Scout Andrew Donley.
10/29/07 - Attended the groundbreaking ceremony at Kettering Health Network, Kettering
Medical Center and Benjamin and Marian Schuster Heart Hospital
10/30/07 - Attended the Kettering Health Network dinner.
10/31/07 – Attended “Meet Me at the Station”.
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11/01/07 - Attended an MVRPC meeting; also attended an Interactive Design Workshop.
11/05/07 - Attended the ribbon cutting held at Mary’s Odds & Ends
11/07/07 - Attended “Meet Me at the Station”.
11/08/07 - Attended the groundbreaking for Dr. Ames’ office on Progress Drive.
11/08/07 - Attended the “Veterans’ Day Dinner.”
11/12/07 - Attended a “Veterans’ Day” program at Cedarville University.
11/14/07 - Attended “Meet Me at the Station”.
11/15/07 - Chaired the Planning and Zoning Commission meeting.
11/18/07 - Attended AHOP’s 7th Inning Stretch program.
11/18/07 - Attended “Annual Family Day” at the Church of God.
11/19/07 - Met with Pastor Miller
Councilman Engle and Vice President Miller had nothing further to share.
President Felton noted Councilmen-elect Mr. Louderback and Mr. Caupp were present in the
audience. She invited residents to attend the annual Thanksgiving dinner at Coach’s Grille from
11 a.m. – 2:00 p.m., sponsored by the Volunteers In Service to Xenia (VISX) and the City of
Xenia. Meals for shut-ins will be delivered if they call Interfaith Hospitality Network. If
residents would like to deliver a meal to someone, please come to Coach’s Grille and they will
package a dinner for delivery. They would prefer to limit home deliveries to shut-ins and those
that are in need. All the information on the event is displayed on Channel 5. She will be there
most of the day. The original owner of Coach’s Grille held the first event in 1990 and it has
continued ever since. They serve roughly 500 people each Thanksgiving. She wished everyone
a “Safe and Happy Thanksgiving.”
ADJOURNMENT: Motion by Vice President Miller, seconded by Councilman Propes, to
following:
Nays: None
motion carried.
Xenia City Council
Xenia City Council
December 1, 2007
Special Session
9:30 a.m.
The Xenia City Council met in a Special Session on December 1, 2007, at 9:50 a.m., in the City
Council Chambers, City Hall, with the following members present: William R. Miller, Dr. Lee
Michael D. Engle was absent.
Also present were Councilmen-Elect Dale Louderback and John Caupp.
2008 Budget Overview: Mr. Merriman shared copies of the PowerPoint presentation and
apologized for technical problems preventing them from using the computer for the presentation.
They wished to provide Council the opportunity to review and have open conversations on the
overall budget. They will entertain questions from Council as to the direction they wish to go
and specific issues they would like to have addressed during the budget approval process.
2008 Budget Process:
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More attention to detail
Accuracy and consistency
Assessing Budget Management improvements
Better capital project planning
Application of new finance system
Mr. Merriman said they entered the 2008 budget process wanting to advance their efforts by
planning earlier in the year and trying to be more efficient and timely. They were aware of the
major problems in the budget process and felt they made a lot of progress in addressing those
issues; however, some problems occurred resulting in the budget packets being distributed far
later than they desired. It is a fairly complete document in terms of how the expenditures are laid
out and the detail sheets are more explicit and accurate than in past years. They worked with the
Finance Department to resolve many of the issues. They are still learning about the new finance
system and its capacity. Some of the changes they are looking at for next year should
significantly improve the efficiency and effectiveness of the budget process. He said this is his
first full budget process, and of course, Ryan Duke is the new Assistant Finance Director. There
are also other new budget administrators.
Budget Management Improvements:
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Assessments and planning of operating costs (Ex: postage meter, utilities, property taxes, etc.)
Carryovers and reauthorizations
Budget alignment with Council vision and goals
Communication with department/divisions
Mr. Merriman said many line items fall under “Operating Costs.” For example, the line item for
telephones does not just cover the City’s telephones; it includes the Nextel’s, cell phones, and
pagers. They do not want to under or over budget in each line item. Carryovers and
reauthorizations presented a challenge earlier this year and continue to create potential problems.
Some management policies were instituted this year to attempt to get a better handle on that by
XCC Special Session 12-01-07, Page 2
requiring additional documentation. They are trying to integrate more planning on the
department level so they are not taking on more in a year than what they can reasonably
accomplish and creating many carryovers and reauthorizations.
President Felton asked Mr. Merriman to explain carryovers and reauthorizations to
Mr. Louderback and Mr. Caupp. Mr. Merriman said the term carryovers is a budgeted item
where the funds are in the current budget, expenses have been encumbered and carried over to
the new year so they can eventually pay the purchase order. A reauthorization is usually a
capital project or purchase line item that has been approved for a particular year but has not been
encumbered; thus, they request that the appropriation be reauthorized from the current year into
the new year, which requires a new and separate action in next year’s budget.
Mr. Johnson said these actions create numerous budget problems. If they know a project will not
be done this year and staff wants to do it next year and the money is allocated in next year’s
budget, it is essentially in the budget twice. That creates problems with beginning and ending
balances because staff does not want to remove it from the current budget, which affects the
entire accounting system. If the money is allocated in next year’s budget, they are accounting for
it twice. This year they will attempt to separate the reauthorizations so they know exactly what
they are and what impact they will have on the budget.
Mr. Merriman said staff would come back to Council at the end of the year with separate
documentation for the reauthorizations. However, until they know what has to be closed out this
year, it is difficult to know specifically what will be included on the list of reauthorizations.
President Felton asked why that was a problem; the books are closed on December 31st.
Mr. Merriman said reauthorizations are less of a problem; carryovers are the bigger issue. Staff
has a good idea of reauthorizations. Both the Finance and City Manager’s Offices are reluctant
to say specifically what those will be until the end of December. President Felton understood
that encumbered monies should balance with the purchase orders. Mr. Merriman agreed.
Mayor Pennewitt explained the money allocated for reauthorizations is subtracted from the
previous year; in essence, they are seeing more net profit because expenses would be reduced.
Mr. Merriman agreed most funds would have higher ending balances than what the budget
presently indicates because they will not spend all the money authorized in certain line items.
Other line items will have money authorized for projects that will not be completed this year;
thus the ending balance this year and the beginning balance for next year will be higher. There
were specific issues in Funds 664 and 665 this year that directly attribute to this. Fund 665
shows a negative balance presently; however, additional spreadsheets will be provided later that
will show the fund will have a significant positive beginning balance next year.
Mr. Merriman said staff attempted to more closely align the budget with Council’s vision, goals,
and priorities. They also tried to increase communication with Department and Division heads.
This continues to be a challenge because some staff is isolated at satellite sites outside City Hall.
Major Goals for Budget Process Improvement for 2008
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Catalogue and assess maintenance agreements and lease agreements.
Integrate budget detail and work sheet formats.
Provide for Department Budgeting accessibility.
Improve capital project planning and financial tracking.
Mr. Merriman said the above are some things they have looked at for the 2008 budget. They
realized they were issues in 2007, but given the workload, unfortunately not all issues can be
tackled. As they finalize the 2008 budget, they will begin looking at the 2009 budget. There are
numerous maintenance and lease agreements in the budget and they do not have a good handle
on them in terms of a good comprehensive list and one “go to” person who has overall
knowledge about them. He spoke to Mr. Duke regarding this issue and they are committed to
creating a management tool to increase greater control over them beginning next year.
Mr. Merriman said one of the major reasons the budget was late is because the City has two
different systems that they must attempt to balance and ensure they match. All the details sheets
are created as Excel spreadsheets and all the worksheets are created through the Finance
Department’s budget system. When a change is made in the Finance Department’s budget
system, they have to go back and accurately report that in the detail sheets, which may sound
simple. However, when they start multiplying all the accounts in all the departments and all the
funds in the entire budget, a tremendous series of changes occur. It is a significant chore to make
the many changes that occur as they move through the budget process. With the new finance
system software, they have the ability to create more interconnectivity with departments. What
was provided separately on detail sheets can be integrated within the finance system so it is one
document that matches accurately and consistently. In the future, when a change is made, it is
made on the entire system so they do not have to double their efforts. Once implemented, it
should cut man-hours in half. The result will also be easier for Council to read; they will not
have to search through numerous sheets of paper – it should all be laid out in sequential order. It
should be a cost savings in the amount of time and paper needed. It will take a lot of work to
reach that goal but it will be a huge step forward. Staff will need to be trained on how to use it.
Mayor Pennewitt said she was pleased to hear about the changes. Most people do not realize
how many problems are created when money is transferred. Last year Council had two sets of
detail sheets. Mr. Merriman said staff is trying to provide more complete and accurate
information to Council in the detail sheets, as requested by Council last year. Most departments
have provided more information on their detail sheets but a few departments still need to provide
more. They feel they are making progress, but it will never be perfect.
President Felton noted Mr. Merriman mentioned staff having the ability to access financial
records. Mr. Bazelak said there would definitely be security measures in place. The Department
Heads will generally only have the ability to input data, which allows Finance staff the ability to
upload those spreadsheets into the City’s financial system.
Mr. Merriman said detail sheets are provided on the “G” drive. Everyone who had access to the
“G” drive had access to those spreadsheets and could alter them. That happened in many cases
but the communication was not there, which resulted in items not matching up with the Finance
system. Having control will allow a limited number of users who can actually go in and make
those changes to the Finance system. An extraction from the Finance system will be provided in
the form of an Excel spreadsheet. Department and Division Heads will update the detail and
request the totals for expenditures. They will forward that to the Finance Department, who will
then upload the information into the budget system.
President Felton said for years she has requested that Council have the ability to view the budget
from their home computers. Vice President Miller thought Council could do that via the City’s
Intranet. President Felton clarified she did not want to change the budget figures, only view
them. Mr. Merriman said the way they do the budget now with the detail sheets, anybody who
has access to them can modify them.
Vice President Miller asked if staff would be able to monitor who is accessing the system or
requesting the changes. Mr. Merriman said departments would continue utilizing their current
system. In most departments, the Department Head usually has their administrative assistant/
secretary (who is involved in the process of establishing budget requests) make the request.
When those requests are made, Finance Department staff will have the ability to note those
requests. There will be no additional changes to detail sheets or the Finance system unless it
comes through those channels. While Department and Division Heads will have the ability to
make those initial requests, they will not actually be making the changes on the system.
President Felton asked who would approve the requests. Mr. Merriman said requests would be
processed through the City Manager’s Office and the Finance Department.
Vice President Miller noted Mr. Merriman explained the problems between the Excel
spreadsheets and the Finance system. Will the new financial software allow for integration of
the two systems? Mr. Bazelak said they discussed using a newly formatted Excel program.
Mr. Merriman said presently staff is using an Excel detail sheet they created themselves that is
separate from the Finance system. The new Excel format will be specifically generated so it is
aligned with and compatible with the Finance system. Mr. Bazelak agreed it would be formatted
to be compatible. Vice President Miller hoped the new software would eliminate the problem.
Mr. Merriman said they hope the 2009 budget book will be half the size of the 2008 budget
book. Some pages contain only one line. They will be able to condense those and eliminate a lot
of the extra space, thus making it more consistent and complete and less voluminous.
Mr. Merriman referenced the goal to “improve capital project planning and financial tracking.”
They tried to hone their skills at not setting their sights too high and making sure what they plan
is appropriate in terms of need and priority, while taking into consideration the availability of
staff and manpower. There is no reason to list numerous items and seek approval but then
realize at the end of the fiscal year that many things need to be carried over, reauthorized, or
eliminated altogether. Goals should be appropriate to ensure they are tracking the capital
improvements process all the way through.
President Felton said based on Council priorities, budget priorities may change, which means the
budget will need to be changed. Mr. Merriman agreed the budget is always subject to change.
Overview – General Statements:
9 The budget before Council presents no change in staffing.
9 Requested capital projects and purchases are based on either critical need or cost efficiency.
9 Several funds are projected to have decreased ending balances (the 253 and 615 funds required
subsidization from the General Fund).
9 This budget – like all budgets – is constantly in motion and changing.
President Felton asked if Mr. Merriman was stating there would be no change in the number of
staff or the number of titles. Mr. Merriman said both. The total number of staff may not change,
but the cost for that staff is subject to increase due to increased cost for insurance, etc.
Mayor Pennewitt asked how they account for staff on sick or disability leave. Mr. Merriman
said there are some issues that need to be worked out. For example, the City Manager’s
secretarial position presents an uncertain situation. For Council and the City Manager’s Office,
there is a need to provide consistency and some semblance of what to expect. The City Manager
will need to make that decision. More information will be provided to Council at a later date.
Mr. Merriman said they try to limit capital purchases to those things they feel are most critical or
those things that (if they are not done now) would cost the City more in subsequent years. At
some point, additional funding resources may need to be sought so all necessary improvements
can be accomplished and the infrastructure would be secure.
Several funds are projected to have decreased ending balances. Funds 253 and 615 had negative
cash flows for 2007. Transfers from the General Fund were requested to keep those funds in the
black for the coming year. The Law Director will discuss the Victim Witness Program, which is
an important service; however, they need to ensure funding is available. Fund 615 is the Parking
Fund; revenues decreased after some downtown parking meters were removed. Services from
that fund were significantly reduced but personnel costs increased. There are a number of
options to consider. The parking study is complete and some of the recommendations will be
implemented after the first of the year, which may address some of the issues relative to parking
enforcement operations. Due to the decrease in revenue, a balance was carried over but that
balance is now depleted. It is a relevant issue and one they must discuss.
Mr. Merriman said the 2008 budget as presented is a constantly changing document. Staff feels
the items that are included are necessary to provide for all the operations and services for 2008
and provide the necessary capital purchases and projects to keep the City’s systems running and
the infrastructure healthy. Inevitably, some money will not be spent on some line items and
some encumbered projects will not be completed. There will be higher than projected beginning
balances in some areas. The present requests will most likely remain; however, the budget is not
set in stone. As Council shares their priorities, changes most likely will be made. It is a very
dynamic process and the budget is constantly in motion. They will never reach a point where all
the numbers are final.
Mayor Pennewitt asked if the budget was in balance today. Mr. Merriman said the proposed 2008
budget shows a positive cash flow in the Key Operating Funds. All the funds have a positive
balance except Fund 665, which has many reauthorization/carryover issues; they are projecting a
much higher beginning balance than what is actually showing in the present finance system. The
City Manager’s Office and the Finance Department agreed it would be best to leave the balance
alone. As they go through 2007, they will be able to more accurately reflect the exact beginning
balance for 2008, which they project to be several hundred thousand dollars higher.
Mayor Pennewitt asked if money would be put in reserve to transfer later. Mr. Bazelak said this
issue would resolve itself at the end of the year because then they would have an actual balance.
Presently, they are looking at a projected balance that is based on the 2007 budget. The budget is
a projection document. Presently, the balance is the projected ending balance, as if all revenue
came in exactly as budgeted and all expenses were exactly as budgeted, which rarely ever
happens. There will always be a difference between what actually ends up being the beginning
balance as of January 1st and what is projected to be the balance as of that date. That is where
they run into issues with reauthorizations and carryovers. They do the best they can to estimate
what they believe to be the 2008 beginning balance. They want to know what is projected to be
the ending balance because that is in essence the reserve for the year.
President Felton said the two-month reserve should be shown somewhere every month; she does
not just want to see it shown on January 1st. Mr. Bazelak said the analysis is done at the end of
the year, which tells them how much can be transferred. Though not calculated monthly, the
balance can be calculated based on each monthly report. Council could look at the ending cash
balances each month in the 101 and the 221 Funds and add them together, which is generally
around $2.5 million and meets the two-month reserve requirement. However, the calculation to
determine how much they are able to transfer into the General Capital Fund happens at the end
of the year. President Felton said the balance would not reflect outstanding purchase orders,
which are like a debt. Mr. Bazelak agreed, but anticipated revenues are also not shown.
Mayor Pennewitt asked if the City’s expenditures equal its revenue. Mr. Merriman said the City
has more revenue than expenditures. Some funds do not have as high of a projected ending
balance for 2008 as they did for 2007, which is why there are problems in the 615 Parking Fund
and the 253 Victim Witness Fund. There is enough money to maintain those two funds through
2007 and to maintain those two programs next year. If they don’t do anything right now, then at
some point next year, adjustments will need to be made to ensure there are funds to carry them
through the end of next year.
Councilman Esprit referenced Fund 253 and Fund 615. He remembered when the parking
meters were removed. He wondered if removing them accomplished the goal of increasing
visitors to the downtown area. Mr. Merriman thought that would be difficult to measure. There
is a vacancy rate in the downtown area that is higher than desired. Looking at the problem in
those terms, the goal has not been met. Has it made parking more accessible in some of those
areas? Absolutely. There is a much greater issue regarding downtown parking, and it’s not just
the lack of parking. It is part of a conversation they need to have related to parking and is very
much related to the downtown development process.
Mr. Louderback asked when Council’s 2009 priorities are submitted to the City Manager.
President Felton said priorities would be submitted by June 2008, maybe earlier.
Mr. Louderback asked why Council did not submit their 2009 priorities as soon as possible.
Vice President Miller said Council has submitted them as early as March, but they are not
finalized until July. Mr. Merriman said conversations regarding the tax budget would begin in
January or February 2008 for the 2009 budget. Council’s priorities are a continuous discussion;
however, priorities are not finalized until July.
President Felton suggested Mr. Louderback and Mr. Caupp receive copies of the 2008 Capital
review sheets Council did for the 5-Year Capital Improvement Plan. One of the priorities
Council approved was to do the diking at the Water Treatment Plant to prevent flooding. Other
projects would allow the engineering to be done in 2008 with the actual work to be done later.
Mr. Louderback perceived Council was always in a crunch to get the budget finalized. He
wondered if Council could assist in speeding up the process. Mr. Merriman thought they were in
line with the Council President to get this process started earlier in the year and get more of it
done before the end of the year. Given the size of the organization and resources available,
changes will always need to be made after the end of the year. If they had more money and data,
the budget might be able to be done before the end of the year. President Felton noted the City
Charter requires that the budget be done by October 31st. Even today, the final budget is not
complete due to possible changes and revenue. This year staff prepared a “draft” final budget,
which is kept in the Council Office since there is only one copy. There were more problems this
year because they are trying to merge the two ways they prepare the budget. Sometimes, the
numbers do not match which necessitates staff having to manually check the detail sheets.
Mr. Merriman said one of their goals is to ensure more than one staff person knows the system in
order to make those estimates in a more timely manner. Overall, the 2008 budget is better than
last year; however, staff is still working under constraints and trying to make improvements.
Mr. Louderback asked who recommends hiring additional staff. President Felton said the
Appointed Officials make those recommendations. Vice President Miller said Council sets
policy but does not hire or fire anyone other than the Appointed Officials. Council can request
the Appointed Officials to review their recommendations and provide their opinions.
President Felton said the City does not have extra money. In 2003, $1.3 million was cut from the
budget via lay-offs, attrition, and eliminating some positions. With the increased costs of
insurance, benefits, and salaries, that cost savings has decreased. There is not much money to
hire more staff; if more staff is hired, those costs are deducted from the General Fund.
Mr. Merriman said funds are available to hire more staff but doing so will directly affect the
General Capital Fund and the ability to provide funding for capital purchases and projects. This
year staff will request approximately $900,000 be transferred from the General Fund into Fund
361, which is for primary capital improvements. Vice President Miller also noted hiring
additional staff is an expense for many future years, not just one year.
President Felton asked how much money was transferred last year. Mr. Bazelak said last year
$870,000 was transferred to the General Capital Fund. In 2004, $1 million was transferred.
President Felton noted those funds helped pay for the new traffic signals, street repairs,
ambulances, trucks, etc. Regular installment payments are made. Mr. Merriman said many
items, such as paving materials and stone, are partially expended from Fund 361.
Vice President Miller said the budget is referred to as a “living document” because it constantly
changes. They try to stay in line with the budget, but it is more of a guideline for reference. Last
year, there was a problem with the City’s gasoline storage tanks; money was expended to correct
the situation but it was not budgeted. Mayor Pennewitt agreed the budget is a tool.
Mr. Louderback asked if any managers have requested staff increases. President Felton said she
did not know but everyone wants more staff. The Appointed Officials determine staffing levels.
Council discusses staffing levels during the budget process to ensure there is money to cover the
expense. Mr. Merriman apologized for not including two sections in the Budget book until
today, specifically the “2008 Budget Message” and “Staffing Requests.” President Felton
thought staff did a good job considering the volume of pages included in the 2008 budget.
Mr. Merriman said it takes many, many manhours to put together the Budget books.
Mr. Caupp asked the projected balance at the end of 2007. Mr. Merriman responded that the
projected balance is $2.5 million.
Mr. Bazelak said the financial system was changed and a new personnel budgeting program was
added. Just about every year they show an $8,800 positive cash flow, which means they show a
positive balance in the Key Operating Funds. As they try to balance the budget yearly, it ends up
being somewhere in that neighborhood. There is never a negative cash flow. It is rare that they
have more than $8,000 to $11,000 remaining. Over the last few years after the changes were
made, they were able to transfer significant dollars into the Capital Improvement Fund. If
everything came in as budgeted that would not be possible. They have been able to transfer
between $1 million to $870,000 these last few years, because there is some contingency built
into the budget. If the Key Operating Fund is $15 million and they are off by 2% to 3%, there is
the difference between budgeted and actual cash flow. They have the cash flow that could end
up being over $1 million. Even though they project there will be $8,000, they are hopeful they
will have $500,000 to $1 million. As personnel costs increase, that amount will decrease.
Personnel decisions will need to be made as to where the dollars are allocated, assuming there
indeed is a significant transfer of funds.
Mr. Bazelak said there are potential staffing issues in the Enterprise Funds (water and sewer
funds), which are controlled by rates. Council has the ability to increase rates to cover additional
staff in the water or sewer department. President Felton noted the rate increase also covers major
capital improvements in those particular funds because they are restricted funds and can only be
used for things in that department. Mr. Merriman agreed they have the most flexibility with
those funds because Council can directly control the rates. They could be more creative with
those funds than with the General Fund.
(Vice President Miller left the meeting at 10:40 a.m.)
President Felton thought they borrowed $6.5 million for improvements at the WWTP that were
not included in the original bonding. Mr. Bazelak said actually $8 million was borrowed.
President Felton said they know many departments need additional staff; however, it is an
economic issue. Even if they have $1 million this year and additional staff were hired, that does
not mean they will have $1 million next year.
Mr. Merriman said, although Xenia’s population has remained steady, the City’s boundaries
continue to expand which also means the infrastructure continues to expand. The service areas
for Police, Fire, and Code Enforcement have increased. The need for maintenance on the
infrastructure system continues to increase. The City has not had the resources to provide
additional staff to deal with those needs. When one factors in injuries in the Fire Division, more
overtime was approved to provide minimum staffing levels as required for that division. At
some point, all the overtime catches up. Some difficult decisions will need to be made on which
direction to go. They have discussed seeking additional funding.
President Felton noted the 3.5 Mill Levy is up for renewal (or replacement) in 2009.
Mr. Bazelak said the 3.5 Mill Levy was from the 1950’s but in 1970, the roll back provision was
implemented where nothing more was granted due to the increased property value. The rollback
was based on the 1970’s value unless annexed property was added. They have been dealing with
the outside or 3.5 millage of about $400,000 to $500,000 since the 1970’s. A replacement levy
was sought in the 1990’s, but was defeated. President Felton thought that was an income tax
levy. Mr. Bazelak said the income tax levy was in 1992, but a replacement levy was requested in
the mid 1990’s; however, it was not approved by the voters. Mr. Louderback asked if that was a
3.5 mill levy. Mr. Bazelak said yes. Before the layoffs, the City attempted to increase the
income tax to 2% from 1.75% but that was defeated, which resulted in the layoff process in
2003. In 1992, the income tax increase from 1.5% to 1.75% was passed and froze the credit at
1.5% for those working outside the City. In the mid 1990’s, they attempted to replace the
existing 3.5% mill property tax levy and it was defeated. On the outside millage, they have been
dealing with the same property tax since the 1970’s. They receive inside millage, which has the
advantage of being able to take the increase in the assessed value, and the property taxes would
grow. The “voted portion” maintains the same amount of funds.
Mr. Louderback asked how much revenue was generated from the increase from 1.5% to 1.75%.
Mr. Bazelak said it was approximately $1.5 million. President Felton noted that had to go before
the voters for approval.
Issues Needing Dialogue:
9 Staffing
9 Victim’s Assistance Program
9 Capital Improvement Plan
Mr. Merriman said everyone’s goal is to provide the best possible services to all of Xenia and to
ensure those services are provided well into the future. The overall service needs to continue to
increase and they have not been able to keep pace in terms of adding staff to effectively meet
those needs. They need to discuss how they can work with the new Municipal Court Judge to
ensure the Victim Witness services are funded, not only next year but also in the future. It is a
critical service they are statutorily obligated to provide in some capacity. They are requesting a
large transfer of funds in 2008 to ensure those services are provided. The City Manager’s Office,
the Law Director, and the new Municipal Court Judge need to discuss how those services will be
provided in subsequent years.
Mr. Merriman said the two new Councilmen have not had the opportunity to engage in dialogue
regarding the Capital Improvement Plan through 2007 related to much of the planning. There
are 14 Capital Improvement Programs they have been developing that are at various levels of
development ranging from water, sewer, fire and rescue, and parks and recreation, which cover a
variety of infrastructure services. There is a lot of work to be done on those programs largely
because they have never taken a comprehensive approach to some of those things in the past.
For example, fleet management was done piecemeal by departments in the past. They want to
change that approach to more of an organizational perspective so they are prioritizing what fleet
purchases need to be made in the next one to five years. Council requested to know how staff
makes the decision to replace a vehicle. That decision is made based on the total number of
hours the vehicle is operated; in other cases, it is based on mileage; other times it is based on the
diminishing return of that investment. They would like to provide Council with information as
to why those purchases or improvements are necessary. Not all the necessary improvements can
be made at this time; they must be done in increments. At some point, additional resources will
need to be sought to meet the needs from everything from replacing much of the sewer system,
to streets, to fleet vehicles for the Police Division. There are a number of factors that must be
part of that conversation. This year efforts were concentrated on critical needs or those that
would have a significant cost savings if done now rather than later.
Mr. Louderback asked for clarification of “fleet management.” Mr. Merriman said the term
refers to anything from Fire and Police vehicles to maintenance and construction vehicles –
anything on the rolling fleet. They want to take a more comprehensive approach rather than
having each department or division make their own plans. Given the City’s financial situation, it
is important to take a holistic approach and make decisions based on the priorities, safety, and
service issues. Objective, defensible information to support those requests are needed to support
the critical need. Mr. Louderback asked if there was some history on when a fire engine should
be replaced, i.e., are they replaced at 100,000 engine miles? Mr. Merriman said there are best
practices and industry standards on which to base those decisions. He did not think they did a
very good job with communicating what those things are and why those requests were made.
President Felton said an outside firm was hired to do all the repairs and maintenance on the fire
trucks if the repairs are not done at the City’s Garage. Expertise is needed to repair computer
systems, etc., on the current fire trucks.
Mr. Louderback clarified, once a fire engine has “x” number of hours, industry standards
recommend it no longer be used. Mr. Merriman said the fire engine could be used; however,
history and best practices have shown that at “x” number of hours/miles, there is a much higher
risk of a critical failure. In the 2008 budget, they are requesting replacement of a bucket truck in
the Maintenance Department. Last year it reached the point of diminishing return because
$6,000 to $8,000 was spent to repair the truck. They are at the point where it costs more to keep
that vehicle operating, which is not cost effective, as opposed to purchasing a new bucket truck.
President Felton asked the cost of the bucket truck. Mr. Merriman thought the cost was
$120,000. President Felton thought a bucket truck was purchased last year. Mr. Merriman said
no. That is one example where there is a safety issue and it is no longer cost effective to
maintain the vehicle. They have to ask themselves if they want to put our staff and the public in
jeopardy by continuing to use that piece of equipment. President Felton said when similar
requests are made she actually goes out and looks at the vehicle they want to replace. New
trucks are now coated to prolong the life of the engine and body. Mr. Merriman agreed.
Mr. Caupp asked if Council receives reports on what each vehicle costs to maintain.
Mr. Merriman said such reports can be generated, but that is not routinely done. They have
software that can generate such reports. Someone has to be able to make the critical assessment,
which is one piece that has been missing in the past. The City’s Garage finance system is
grossly inadequate. They need something that can tie directly into the Finance system and
integrate the two systems, which would be a much more effective process. That is a big step
because there are many things tied into the Garage budget software. It would be a major change
but something that needs to be done because a better fleet management system is needed.
Mr. Caupp summarized the City really does not know the cost of maintaining the fleet vehicles
on a yearly basis. Mr. Merriman responded a report could be generated that breaks down the
fuel and maintenance costs for each vehicle. President Felton said such reports are usually only
done when staff would like to replace a vehicle. Mr. Merriman agreed such reports should be
generated on a regular basis for all fleet vehicles.
Council took a break at 10:50 a.m. and reconvened at 11:00 a.m. Vice President Miller and
Councilman Esprit did not return to the Special Session. President Felton reported Vice
President Miller is attending to his mother, who is in the hospital.
XEGC – XEGC Director, Steve Brodsky, summarized XEGC’s 2008 Goals and Objectives.
Essentially, XEGC’s goal is to work with area businesses to help them grow and try to attract
additional business and industry into the City. Over the past year, XEGC has not been very
successful in attracting new business due to the economy. However, they were able to work with
several area industries to help them expand, whether through financing additional equipment that
allows them to hire additional personnel or helping them relocate to new buildings. A few area
businesses have expanded. CMS on Lower Bellbrook Avenue moved into the former Warrior
Building. CMS is largely a defense contractor for vehicles shipped to Iraq. Their business has
increased and additional personnel will be added. Some of what XEGC does is hard to see
because they have not necessarily provided direct dollars. They do use their Revolving Loan
Fund. For one business in the Industrial Park, it was better for them to use the Regional 166 (a
State program) than to go through XEGC. The business still purchased the equipment they
needed and expanded their employment base, but it was more financially advantageous for them
to use the State program. XEGC was able to put them in touch with the right people to be able to
use that program. There are a few applications pending for which XEGC funds can be used.
Mr. Brodsky said in November the new Business First! Program began. It is a comprehensive
business retention program that lays out procedures and a comprehensive database to allow them
to track past visits and easily view the data to ascertain what has happened in the past to ensure
they are meeting the needs of Xenia’s businesses. It also brings to the table more than 80
resource partners, who are people outside the organization that have protocols and are o