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City of Fairfield City Council met September 9

Meeting 10

City of Fairfield City Council met Sept. 9.

Here is the minutes provided by the council:

Council-Manager Briefing

A. 6:00 PM - Fairfield Forward Presentation

Mayor Miller called the briefing to order at 6:00 PM. Councilmembers present were Leslie Besl, Craig Keller, Debbie Pennington, Tim Abbott, Chad Oberson and Bill Woeste. Staff members present: Mark Wendling, Greg Kathman, Erin Lynn, Dan Wendt, Scott Timmer, Mark Parker, Steve Wolterman, Adam Sackenheim, Alisha Wilson, Tiphanie Howard, Steve Maynard, Carol Mayhall. Planning Commission members present: Scott Lepsky, Dean Langevin, Terry Senger and Dale Paullus.

Council heard an update on the Comprehensive Plan from Consultant Paul Colter. See attached slides.

Business Meeting Call to Order

Mayor Miller called the regular meeting to order at 7:00 PM.

Prayer/Pledge of Allegiance

Councilmember Woeste led in prayer and Pledge of Allegiance.

Roll Call

Councilmembers present included:

Attendee Name

Title

Status

Ron D'Epifanio

Council Member at Large

Present

Chad Oberson

Council Member at Large

Present

Bill Woeste

Council Member at Large

Present

Leslie Besl

Council Member, 1st Ward

Present

Craig W. Keller

Council Member, 2nd Ward

Present

Debbie Pennington

Council Member, 3rd Ward

Present

Tim Abbott

Council Member, 4th Ward

Present

Steve Miller

Mayor

Present

Agenda Modifications

None.

Executive Session Requests

Councilmember Abbott, seconded by Councilmember Woeste, moved for Executive Session to discuss purchase of public property and negotiations with public employees. Motion carried 7-0.

Special Presentations and Citizen Comments

a. Oath of Office - Police

Councilmember D'Epifanio administered the oath of office for Officer Brandon Barda, Officer Connor Frazier, Officer Ben Schwartz, and Officer Jeremiah Taylor. Chief Maynard welcomed them to the department.

Public Hearing(s)

None.

Approval of Minutes

The Regular Meeting Minutes of August 12, 2019 were approved as written and submitted.

OLD BUSINESS AND REPORTS Community & Public Relations Committee

Leslie Besl, Chair; Debbie Pennington, Vice Chair; Craig Keller, Member

Development Services Committee

Bill Woeste, Chair; Tim Abbott, Vice Chair; Ron D'Epifanio, Member

Resolution approving the Ward Boundary Review Commission Report and recommendation to make no changes to the boundaries of the four wards and amend the City Charter to require a decennial review.

Recommendation:

A resolution approving the Ward Boundary Review Commission’s report that recommends no changes be made to the political ward boundaries and that the City Charter be amended to require a decennial review.

It is recommended that City Council approve this report at the August 12, 2019 meeting. Councilmember Woeste presented the second reading of this resolution.

RESULT: SECOND READING Next: 9/23/2019 7:00 PM

Parks, Recreation and Environment Committee

Craig Keller, Chair; Bill Woeste, Vice Chair; Debbie Pennington, Member

Public Safety Committee

Ron D'Epifanio, Chair; Craig Keller, Vice Chair; Tim Abbott, Member

Public Works Committee

Chad Oberson, Chair; Ron D'Epifanio, Vice Chair; Bill Woeste, Member

Public Utilities Committee

Debbie Pennington, Chair; Chad Oberson, Vice Chair; Leslie Besl, Member

Finance & Budget Committee

Tim Abbott, Chair; Leslie Besl, Vice Chair; Chad Oberson, Member

NEW BUSINESS

Public Safety Committee

Ron D'Epifanio, Chair; Craig Keller, Vice Chair; Tim Abbott, Member

Simple Motion: Motion to not request a hearing regarding a liquor permit application in the name of NicFusion, LLC, Hot & Spicy, 4623 Dixie Highway, Fairfield, OH 45014 (Permit Class D1, D2, D3 & D6).

Recommendation:

It is recommended that City Council request, by simple motion, that no hearing be held on the liquor permit application in the name of NicFusion, LLC, Hot & Spicy, 4623 Dixie Highway, Fairfield, OH 45014 (Permit Class D1, D2, D3 & D6).

SIMPLE MOTION NO. 16-19. APPROVED 7-0.

RESULT: APPROVED [UNANIMOUS]

MOVER: Ron D'Epifanio, Council Member at Large

SECONDER: Bill Woeste, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Read by Title Only

Motion to read one ordinance by title only.

RESULT: CARRIED [UNANIMOUS]

MOVER: Ron D'Epifanio, Council Member at Large

SECONDER: Tim Abbott, Council Member, 4th Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to amend Chapter 505, entitled Animals and Fowl, of Ordinance No. 166-84, the Codified Ordinances of Fairfield, Ohio.

Recommendation:

Due to recent court decisions and the need to provide for more effective enforcement animal control it has become necessary to update the City's animal control statutes. It is recommended that City Council have a first reading on this item at the September 9, 2019 meeting.

Attorney Steve Wolterman presented an overview of the proposed revisions to the animal control ordinance.

Kurt Frymouth, District Leader for Humane Society of the United States, spoke regarding the insurance requirement that is proposed. He is not in favor of it because it puts an unnecessary burden on low income pet owners.

Katherine Hartung, Joseph's Legacy Dog Foster and Legal Advocate/Paralegal with Department of Justice, also opposed the insurance requirement and said that the number of dogs needs to be addressed, as well. City Manager Mark Wendling explained that the number is something that is part of the zoning code and as such, it will be addressed separately.

Councilmember D'Epifanio presented the first reading of this ordinance.

RESULT: FIRST READING Next: 9/23/2019 7:00 PM

Public Works Committee

Chad Oberson, Chair; Ron D'Epifanio, Vice Chair; Bill Woeste, Member

Motion to Read by Title Only

Motion to read the following four ordinances by title only.

RESULT: CARRIED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Craig W. Keller, Council Member, 2nd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to authorize the City Manager to execute and file an Ohio Public Works Commission (OPWC) grant application and agreement for purchase of the 5333 Pleasant Avenue Property and declaring an emergency.

Recommendation:

It is recommended that City Council authorize the preparation of legislation, with rules suspension and emergency provision, authorizing the City Manager to execute and file the application for financial assistance, and enter into an agreement with OPWC for a grant to fund a portion of the 5333 Pleasant Avenue Property Acquisition.

ORDINANCE NO. 89-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Craig W. Keller, Council Member, 2nd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Oberson presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Bill Woeste, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to authorize the City Manager to execute and file an Ohio Public Works Commission (OPWC) Grant Application and Agreement for 2020 Boymel Drive Improvement Project and declaring an emergency.

Recommendation:

It is recommended that City Council authorize the preparation of legislation authorizing the City Manager to execute and file the application for financial assistance, and enter into an agreement with OPWC for a grant to fund a portion of the 2020 Boymel Drive Improvement Project.

ORDINANCE NO. 90-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Bill Woeste, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Oberson presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Bill Woeste, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to authorize the City Manager to execute and file an Ohio Public Works Commission (OPWC) Issue 1 Grant Application and Agreement for 2021 Street Improvement Project and declaring an emergency.

Recommendation:

It is recommended that City Council authorize the preparation of legislation authorizing the City Manager to execute and file the application for financial assistance, and enter into an agreement with OPWC for a grant to fund a portion of the 2021 Street Improvement Program.

ORDINANCE NO. 91-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Craig W. Keller, Council Member, 2nd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Oberson presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Debbie Pennington, Council Member, 3rd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to authorize the City Manager to enter into a contract with MKSK of Cincinnati for the engineering services needed to complete the design of Citywide Active Transportation Plan (Pedestrian Interconnectivity) and declaring an emergency.

Recommendation:

It is recommended that the City Council authorize an appropriation of $75,000.00 be made from the General Fund and that Council authorize the City Manager to enter into a contract with MKSK of Cincinnati for the engineering services needed to perform the Citywide Active Transportation Plan design.

ORDINANCE NO. 92-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Debbie Pennington, Council Member, 3rd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Oberson presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Chad Oberson, Council Member at Large

SECONDER: Tim Abbott, Council Member, 4th Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Finance & Budget Committee

Tim Abbott, Chair; Leslie Besl, Vice Chair; Chad Oberson, Member

Motion to Read by Title Only

Motion to read the following resolution and three ordinances by title only.

RESULT: CARRIED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Debbie Pennington, Council Member, 3rd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

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.

Recommendation:

The resolution would authorize the necessary tax levies to be collected for tax year 2019 collected during budget year 2020 to the Butler County Auditor.

RESOLUTION NO. 7-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Chad Oberson, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Abbott presented the first reading of this resolution.

RESULT: CARRIED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Debbie Pennington, Council Member, 3rd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to Amend Ordinance no. 127-18 Entitled "An Ordinance to make estimated appropriations for the expenses and other expenditures of the City of Fairfield, Ohio, during a period beginning January 1, 2019 and ending December 31, 2019." - Supplemental Appropriations - Transfers of Monies

Recommendation:

It is recommended that City Council authorize and direct the preparation of legislation amending the annual operating budget.

ORDINANCE NO. 93-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Leslie Besl, Council Member, 1st Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Abbott presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Chad Oberson, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to amend Ordinance No. 127-18 entitled “An Ordinance to make estimated appropriations for the expenses and other expenditures of the City of Fairfield, Ohio, during a period beginning January 1, 2019, and ending December 31, 2019.”

Recommendation:

It is recommended that City Council suspend the rules requiring a second and third reading of this Ordinance and adopt the appropriations listed above.

ORDINANCE NO. 94-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Craig W. Keller, Council Member, 2nd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Abbott presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Debbie Pennington, Council Member, 3rd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Ordinance to amend Ordinance No. 127-18 entitled “An Ordinance to make estimated appropriations for the expenses and other expenditures of the City of Fairfield, Ohio, during a period beginning January 1, 2019, and ending December 31, 2019.”

Recommendation:

It is recommended that City Council suspend the rules requiring a second and third reading of this Ordinance and adopt the appropriations listed above.

ORDINANCE NO. 95-19. APPROVED 7-0.

RESULT: ADOPTED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Craig W. Keller, Council Member, 2nd Ward

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Motion to Suspend Second and Third Readings

Councilmember Abbott presented the first reading of this ordinance.

RESULT: CARRIED [UNANIMOUS]

MOVER: Tim Abbott, Council Member, 4th Ward

SECONDER: Bill Woeste, Council Member at Large

AYES: D'Epifanio, Oberson, Woeste, Besl, Keller, Pennington, Abbott

Meeting Schedule

Clerk Wilson read the following meeting schedule:

A. Monday, September 23 - Council-Manager Briefing, 6:00 Pm; Regular Meeting, 7:00 PM

B. Tuesday, October 15 - Council-Manager Briefing, 6:30 Pm; Regular Meeting, 7:00 PM

C. Monday, October 28 - Council-Manager Briefing, 6:00 Pm; Regular Meeting, 7:00 PM

Executive Session of Council (if needed)

Council adjourned to Executive Session at 8:00 PM.

14. ADJOURNMENT

The Regular Meeting adjourned at 8:55 PM.

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