Huber Heights City Council

In Council Chambers 6131 Taylorsville Road April 12, 10

1. The Huber Heights City Council met in a Regular Session on April 12, 2010. Mayor Ron Fisher called the meeting to order at 7:08 p.m.

2. The Invocation was given by Pastor Randy Griffith of the Free Methodist Church located at 6875 Old Troy Pike in Huber Heights, Ohio.

3. Pledge of Allegiance

Mayor Fisher led in the Pledge of Allegiance.

4. Roll Call

Council members present for this meeting were Mayor Fisher, Jim Ellis, Karen Kaleps, Roger Hensley, Mark Campbell, Jan Vargo, David Wilson, Tyler Starline, and Judy Blankenship. Mayor Fisher stated Council is all accounted for.

5. Approval of Minutes

The following Minutes were approved:

A. City Council Regular Session Minutes – March 22, 2010

6. Special Presentation/Announcements

A. 2009 City of Huber Heights Employee of the Year Presentation to Fire Lieutenant Keith Knisley – Eileen Bensen, City Manager and Mayor Ron Fisher Mayor Fisher and City Manager Eileen Bensen presented the Employee of the Year award to Fire Lieutenant Keith Knisley. Eileen Bensen said he was just recently chosen as the Employee of the Fourth Quarter. She noted that he was in charge of converting to the fiber optic system which saves the City $1,000 a month. He was responsible for the $260,000 radio replacement grant and he supervised the installation and trained employees. Eileen Bensen said Lieutenant Keith Knisley has done many other wonderful things technologically – and much of this was done on his own time. Mayor Fisher then announced there was a need for an Executive Session. He entertained a motion to go into Executive Session to discuss matters of pending and/or imminent litigation. Mr. Roger Hensley so moved; Mr. Ellis seconded the motion. On a call of the vote, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, and Mr. Ellis voted yea; none voted nay. The motion passes 8-0. Executive Session began at 7:14 p.m. and concluded at 7:40 p.m. Mayor Fisher stated the Executive Session concluded at 7:40 p.m. with no actions being taken. He reconvened the Regular Session at 7:40 p.m. B. Calamityville Tactical Laboratory and National Center for Medical Readiness Presentation – Ret. Air Force Colonel Dan Kirkpatrick, Assistant Director for Workforce Development, National Center for Medical Readiness.

This presentation will be rescheduled due to technical reasons with the audio-visual equipment.

7. Citizens Comments John Hodges of Cactus John’s spoke on the problems at the Orbit Fun Center located on Nebraska Avenue. Ralph Leffew, 4907 Chambersburg Road, spoke on the importance of voting. Marthalla J. Foree, 7040 Hubbard Drive, had reserved time to speak, but had left the meeting before the Citizens Comments. 8. Citizens Registered to Speak on Agenda Items There were no Citizens Registered to Speak on Agenda Items. 9. City Manager Report City Manager Eileen Bensen reported the Wright-Patterson Air Force Base Tattoo is scheduled for June 25, 2010. Huber Heights is one of the sponsors of this great event along with Riverside, Fairborn, and Beavercreek. If your group is interested in adopting a park, call Emily Haney at 237-5824 or see the City’s website for more information. The new City website is up and running and looks great thanks to the website committee. Visit www.hhoh.org for news and City information. Community events and other useful information are also included. The Relay for Life is scheduled for May 14-15, 2010 at Wayne High School. Join the City to celebrate, remember, and fight back. The City is now accepting vendor applications for the July 3, 2010 Huber Heights Fireworks Celebration. Application forms can be downloaded from the website or picked up at City Hall. If you or your non-profit group would like to participate as vendors for the fireworks and car show, you must obtain a permit in advance. One vendor who has applied is a “for- profit” food vendor. She said the City prefers “non-profit” vendors, but will take what it can get. As part of a car seat safety class, a car seat check will be held Thursday, April 15, 2010 from 10:00 a.m. – 1:00 p.m. at the Huber Centre on Chambersburg Road. Call 233-1564 to schedule an appointment. The City is in the process of getting quotes for refurbishing the south portal on SR 202. The City hopes to have it looking beautiful by Memorial Day. Huber Heights income tax returns are due on April 15, 2010. The office is available to help prepare returns and take payments. It is located at the Huber Centre on 6383 Brandt Pike. Normal hours are Monday thru Friday 8:00 a.m. – 5:00 p.m. The office will have extended hours on Wednesday and Thursday of this week until 7:00 p.m. Congratulations to City Attorney Alan Schaeffer and Mr. Stokely who were recognized as among the 2010 Super Lawyers. Only 5% of lawyers in Ohio are chosen for this honor. City Staff will be spending April 22, 2010 which is Earth Day, volunteering to make the City beautiful. Staff will be cleaning the I-70 interchanges at 201 and 202 and will be working at the Senior Center garden and also cleaning up Community Park. Eileen Bensen said City Engineer Russ Bergman reported the following upcoming street improvements for curb and sidewalk replacements: Work will continue through May on Executive Boulevard (from Troy Pike to the FedEx east drive);

Harshmanville Road to Taylorsville Road to Longford; and Rosebury Drive from Fishburg to Chambersburg. The City will hold its first Town Hall Meeting of the year in Council Chambers on Wednesday, April 21, 2010 at 6:30 PM for residents of the City who live south of I- 70. Mayor Fisher will host the meeting. A second meeting will be held in early summer for residents in the area north of I- 70. Jim Borland invited all City Councilmembers to attend the meeting. 10. Pending Business There was no Pending Business this evening. 11. New Business CITY COUNCIL

A. Motion to Approve Transfer of Liquor Permit #4424384 for Kwamb, Inc. DBA 202 Valero at 5114 Old Troy Pike, Huber Heights, Ohio 45424 to Liquor Permit #7122320 for Pushpmanohar DBA Pushpmanohar at 5114 Old Troy Pike, Huber Heights, Ohio 45424. Mrs. Kaleps, Chair of the Public Works Committee, said these are pretty routine and recommended approval. Mrs. Kaleps moved for approval; Mr. Campbell seconded the motion. On a call of the vote, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, and Mrs. Kaleps voted yea; none voted nay. The motion passes 8-0.

B. Motion to Approve Transfer of Liquor Permit #8373041 for Sunny Sonoma DBA Thai Smile Restaurant at 6118 Chambersburg Road, Huber Heights, Ohio 45424 to Liquor Permit #8871254 for Thai Treat Cuisine LLC DBA Thai Smile Restaurant at 6118 Chambersburg Road, Huber Heights, Ohio 45424. Mr. Roger Hensley moved for approval; Mrs. Kaleps seconded the motion. On a call of the vote, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. ADMINISTRATION/HUMAN RESOURCES Eileen Bensen, City Manager

C. A Resolution Authorizing the City Manager to Enter Into an Agreement With The Marketing Formula, an Advertising Agency, and Declaring an Emergency.

City Attorney Alan Schaeffer stated the Huber Heights Chamber of Commerce and Carriage Trails Development have engaged The Marketing Formula group to assist them in an advertising program. The two are working on the marketing for the City. The City, itself, has determined that it wants to promote the City’s assets to the world. It makes sense to coordinate that effort with them. The contract has not yet been negotiated; but this legislation authorizes the City to proceed with it.

Mr. Campbell, Chair of the Administration Committee, said Staff will be working on this and City Council will possibly move forward at the second reading. Mayor Fisher said this will be moved to the second reading. FINANCE DEPARTMENT Don Jones, Finance Director

D. A Resolution Authorizing the City Manager to Expend Funds to Cover the Costs of Various Goods and Services Ordered By City Departments/Divisions, and Declaring an Emergency.

Finance Director Don Jones said this is the amnesty legislation and he asked that this be approved this evening. Mr. Campbell moved to waive the second and third readings; Mr. Roger Hensley seconded the motion. On a call of the vote, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. Mrs. Blankenship moved for adoption; Mr. Wilson seconded the motion. On a call of the vote, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, and Mrs. Vargo voted yea; none voted nay. The motion passes 8-0.

E. An Ordinance Establishing the #437 Energy Block Grant Fund, and Declaring an Emergency.

Don Jones explained this creates a fund within the accounting system. This is an Energy Block Grant which the Police Division received as part of the stimulus package for the cooling tower. He asked that this be approved this evening. Mr. Roger Hensley moved to waive the second and third readings; Mrs. Vargo seconded the motion. On a call of the vote, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, and Mr. Wilson voted yea; none voted nay. The motion passes 8-0. Mrs. Kaleps moved to adopt; Mr. Ellis seconded the motion. On a call of the vote, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, and Mr. Starline voted yea; none voted nay. The motion passes 8-0.

F. An Ordinance Amending Ordinance 2009-O-1813-A By Making Supplemental Appropriations for Expenses of the City of Huber Heights, Ohio for the Period Beginning January 1, 2010 and Ending December 31, 2010 (Capital Improvements), and Declaring an Emergency.

Don Jones explained this is a change to the budget. This will appropriate the funds for the Carriage Hills project. The second piece of this ordinance is the authority to expend the Energy Block Grant fund that was just created which is $152,900. He thanked Rob Schommer for applying for this grant. He asked that this be approved this evening. Mr. Ellis moved to waive the second and third readings; Mrs. Kaleps seconded the motion. On a call of the vote, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley,

Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, and Mrs. Blankenship voted yea; none voted nay. The motion passes 8-0. Mr. Wilson moved to adopt; Mr. Starline seconded the motion. On a call of the vote, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, and Mr. Ellis voted yea; none voted nay. The motion passes 8-0. G. An Ordinance Authorizing the City Manager of the City of Huber Heights, Ohio to Execute the First Amendment to the State Infrastructure Bank (SIB) Loan Agreement, Loan #SB0510, Between the Ohio Department of Transportation and the City of Huber Heights Originally Authorized by Ordinance No. 2005-O- 1583, Making Certain Changes to the Authorized Projects, and Declaring an Emergency.

Don Jones stated this is a change to an existing agreement that the City has with ODOT. It is a low interest loan to the City that allows the City to do capital improvements within the City. He asked that this be approved this evening. Mr. Campbell, Chair of the Administration Committee, said they do recommend approval of this legislation. Mr. Campbell moved to waive the second and third readings; Mrs. Kaleps seconded the motion. On a call of the vote, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, and Mr. Ellis voted yea; none voted nay. The motion passes 8-0. Mr. Starline moved to adopt; Mrs. Blankenship seconded the motion. On a call of the vote, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, and Mr. Ellis voted yea; none voted nay. The motion passes 8-0. Don Jones thanked Russ Bergman, Hanane Eisentraut, and Scott Falkowski for the work they did on this. LEGAL Alan Schaeffer, City Attorney H. A Resolution Authorizing the City Manager to Pay to Huber Investment Corporation for Damages Incurred as a Result of a Sewer Backup at 7830 Timberhill Drive, Huber Heights, Ohio in an Amount Not to Exceed $25,482.00, and Declaring an Emergency.

Alan Schaeffer explained this deals with a sewer backup in the main line that occurred on Timberhill Drive resulting in damage to private property in 2008. He said the City will get some reimbursement from United Water to help pay for this problem. He asked that this be approved this evening. Mr. Campbell, Chair of the Administration Committee, said they recommend approval of this. Mr. Campbell said the City needs to look at its procedures as it relates to sewer backup and the maintenance of those lines. The City needs to work with United Water to make sure the maintenance schedule is accurate and consistent. City Manager Eileen Bensen said Staff will report back to Council on this issue within the month.

Mr. Campbell moved to waive the second and third readings; Mr. Roger Hensley seconded the motion. On a call of the vote, , Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. Mrs. Kaleps moved for adoption; Mr. Roger Hensley seconded the motion. On a call of the vote, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, and Mrs. Vargo voted yea; none voted nay. The motion passes 8-0. PUBLIC SAFETY DEPARTMENT Jim Borland, Public Safety Director

I. An Ordinance Declaring Certain Property Owned By the City as Surplus, and Declaring an Emergency.

Public Safety Director Jim Borland stated this will allow the City to auction off City property that is no longer needed at the City Pool which has been closed. He said this did go before committee. He asked that this be approved this evening. Mrs. Kaleps moved to waive the second and third readings; Mrs. Blankenship seconded the motion. On a call of the vote, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, and Mr. Wilson voted yea; none voted nay. The motion passes 8-0. Mr. Roger Hensley moved to adopt; Mrs. Kaleps seconded the motion. On a call of the vote, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, and Mr. Starline voted yea; none voted nay. The motion passes 8-0. PUBLIC SAFETY DEPARTMENT - POLICE DIVISION Rob Schommer, Police Chief

J. A Resolution Declaring Certain City Property No Longer Needed for Municipal Purposes as Surplus and Authorizing Disposal of Said Surplus Property.

Police Chief Rob Schommer stated the City is purchasing seven new police cars and this legislation will allow for the disposal of nine old police cars. He asked that this be approved this evening. Mrs. Vargo moved to waive the second and third readings; Mrs. Blankenship seconded the motion. On a call of the vote, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, and Mrs. Blankenship voted yea; none voted nay. The motion passes 8-0. Mr. Starline moved for adoption; Mr. Wilson seconded the motion. On a call of the vote, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, and Mr. Ellis voted yea; none voted nay. The motion passes 8-0. PUBLIC SAFETY DEPARTMENT - FIRE DIVISION Bob Maimone, Fire Chief

K. A Resolution Authorizing the Purchase of Supplies to Update and Improve the Fire Station Buildings, and Declaring an Emergency.

In Council Chambers 6131 Taylorsville Road April 12, 10 Fire Chief Bob Maimone explained this was presented to the Administration Committee and will allow the City to exceed the $15,000 spending limit with a vendor. He asked that this be approved this evening. Mr. Roger Hensley moved to waive the second and third readings; Mr. Campbell seconded the motion. On a call of the vote, Mr. Roger Hensley, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, and Mrs. Kaleps voted yea; none voted nay. The motion passes 8-0. Mrs. Blankenship moved to adopt; Mr. Roger Hensley seconded the motion. On a call of the vote, Mr. Campbell, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, and Mr. Roger Hensley voted yea; none voted nay. The motion passes 8-0. COMMUNITY SERVICES AND SPECIAL PROJECTS DIVISION Emily Haney, Community Services and Special Projects Manager

L. A Resolution Authorizing the City Manager to Enter Into an Annual License Agreement With Broadcast Music, Inc. (BMI), and Declaring an Emergency.

Emily Haney, Community Services and Special Projects Manager, said this will allow us to enter into an annual contract with Broadcast Music, Inc. so that we can play their music at City facilities. She asked that this be passed this evening. Mr. Campbell, Chair of the Administration Committee, recommended approval of this legislation. Mr. Campbell moved to waive the second and third readings; Mrs. Vargo seconded the motion. On a call of the vote, Mrs. Vargo, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, and Mr. Campbell voted yea; none voted nay. The motion passes 8-0. Mr. Roger Hensley moved to adopt; Mrs. Kaleps seconded the motion. On a call of the vote, Mr. Wilson, Mr. Starline, Mrs. Blankenship, Mr. Ellis, Mrs. Kaleps, Mr. Roger Hensley, Mr. Campbell, and Mrs. Vargo voted yea; none voted nay. The motion passes 8-0. Mayor Fisher then asked the Administration Committee, with the closing of the City pool, to look at any other services the City can offer such as a splash pad or other recreational opportunities for residents of the City.

12. City Official Reports and Comments Mrs. Blankenship congratulated Lieutenant Knisley as Employee of the Year and Alan Schaeffer as Super Lawyer. She asked if the City could put the old cabinets from the Fire Station in the auction. Mr. Starline echoed the comments of the others. He congratulated Lieutenant Knisley and his family. He thanked Ralph Leffew for mentioning the voting. He said that is one of the more important things that sometimes gets overlooked and that is the primary elections. He thanked the students for attending. He congratulated Alan Schaeffer on his award. He said as a fellow lawyer, he realizes how important and prestigious the award is. He also congratulated Matt Stokely as well. He said this is National Dispatchers’ Week and said it is his understanding that they not only do a phenomenal job for the City of Huber Heights, but because of the dispatching for other communities, they also bring in a little bit of revenue with their efforts. He thanked Lieutenant Gustin for taking a shift as a dispatcher over the weekend.

In Council Chambers 6131 Taylorsville Road April 12, 10 Mr. Wilson congratulated Lieutenant Knisley for his Employee of the Year Award and also to Alan Schaeffer for his Super Lawyer Award. He thanked Mr. Lefew for his comments on the importance of voting. Mrs. Vargo said it is a great honor to be chosen as Employee of the Year because the competition is really tough. Certainly, Keith came out head and shoulders above the rest. The City is obviously very proud to have him. She said being a Super Lawyer is also very impressive. The City is very fortunate to have Mr. Super Lawyer as the City Attorney. She then congratulated Alan Schaeffer. She said her friend from out of state who is a dispatcher said they really celebrate Dispatchers’ Week and they go all out. She said we all know the importance of their job and what a good job they do. She said one of the dispatchers was in the running for Employee of the Year. She asked Chief Schommer to pass along her thanks. Mr. Ellis congratulated Alan Schaeffer. He said as a lawyer himself, he realizes the prestigiousness of this award. He announced on April 23, 2010 at 7:00 p.m., there will be a charity basketball game taking place here in Huber Heights. It is called Hoops for Kids and will be held at Wayne High School. It will be the Huber Heights Police and Fire Department members against the Huber Heights City School staff. The tickets are $3.00 in advance and $4.00 at the door. The tickets can be purchased at Super Subby’s on Wayne Town Boulevard., at C’s Pizza on Brandt Pike, also at the Huber Heights elementary and junior high schools, at City Hall, and the Police and Fire Departments. All the proceeds will provide school supplies and other things to disadvantaged youths. Some teachers are taking money out of their own pockets to provide pencils and paper to students who do not have the money. One of the highlights is that there will be a half-time shoot-out for a recliner from Cedar Hill Furniture. He said they would like to see a great turnout. Mrs. Kaleps echoed everything that has been said this evening. She mentioned a reoccurring problem that has to do with rats in the backyards of houses along Pitcairn where the houses abut the creek. Apparently, animals have been bringing the rats up to the houses. The Health Department got involved in this a couple of years ago. The City needs to address this soon. She then announced the Historical Society is having its annual appraisal on April 24, 2010 at Titus Elementary at 1:00 p.m. Mr. Robert Honeyman will be the appraiser. Each person may bring up to two hand-held items for appraisal. The cost is $5.00 per item. Registration is at 12:30 p.m. All of the proceeds go to the Huber Heights Historical Society. Mr. Roger Hensley said Lieutenant Keith Knisley is a great fireman and has a great family. It is a great award for him. He thanked Chief Schommer for finding the money through the grant. He also asked Chief Schommer to give City Council a report on the problem on Nebraska. He said to Mayor Fisher that now is a great opportunity for the City to look at recreation for the kids in this community. He is happy that Mayor Fisher has asked Mr. Campbell’s committee to look into this. Mr. Campbell congratulated Alan Schaeffer. He appreciates the fact that he does a lot more for the City than just legal work. He also said he appreciates what Lieutenant Knisley has done. He said in regard to the assignment the Mayor has given the Administration Committee, he has received some phone calls from neighbors who were disappointed that the City was not going to have pool recreation to offer. He asked if the Mayor is looking for direction on this matter both short-term and long-term. Mayor Fisher said he wanted to know if the City could provide something. As far as funding or financing, he asked if maybe Don Jones would have any ideas. It is his understanding that there is no stimulus money. He would like to see a proposal.

In Council Chambers 6131 Taylorsville Road April 12, 10 Mayor Fisher than said he also really does appreciate Alan Schaeffer and Lieutenant Knisley. He said we ca not say enough about the dispatchers, but we all do know how great they are. All of the City Staff does a great job. He said he is pleased how well the City Council Meetings go. He then announced that Riverside Mayor Johnie Doan had died suddenly late this afternoon.

13. Executive Session The Executive Session was held at the beginning of the meeting.

14. Adjournment Mayor Fisher adjourned the Regular Session at 8:43 p.m.

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