Mayor Policastro read the following communications:

From Thomas Calder: $100 donation for Fire Department/Paramedics

Article from the Business Courier re: Haney Graphics and reply letter from Mayor Policastro

From Jodi Wrublewski-Bohl, Mariemont Preschool Parents Group: Annual Tree Lighting and Luminaria

From Time Warner Cable: Letter dated September 18, 2006 re: Changes in the current programming

From Treasurer Borgerding: August 2006 Monthly Report. He said the August receipts show the transferring of funds that Council approved by Resolution. It has been requested by the MariElders to ask Hamilton County for an advance on the second half real estate tax. He spoke with Mr. Nurre at the Auditor’s office and was told that the funds hopefully would be available the end of August, but they were still working on finalizing the disbursement. Council agreed to pass a Resolution with an emergency clause at the next Council meeting.

From Dan Barford: e-mail re: Lily Pad update

Marya Dungan, 6531 Park Lane, asked about the status of repair on her street. Mayor Policastro said he and Mr. Ebelhar walked the whole area. He said it is very irritating because MSD only wants to pave 60% of Park Lane. In the near future with all the staging of the heavy equipment, the pavement is going to start breaking away. He asked the Engineer to get an estimate of how much it would cost to finish paving approximately 650 lineal feet. The estimate is $10,500.The Mayor is going to call the supervisor with MSD and ask him to go ahead and finish the whole horseshoe area. This would be a consolation to what the residents have had to go through. If they refuse to pay for it, then he will try to compromise. A good subrogation law firm will take 33% if we have to file a complaint.

David Arends, 6504 Park Lane, said he read the MSD/Sunesis contract. He believes the Village has a lot of leverage. They are in liquidated damages right now between $3,000-$5,000 per day. There are a number of things that have been done that have not complied with the terms and conditions of the contract. He suggested the Mayor contact Rick Jones, owner of Sunesis, who he believes will be able to help out. The Mayor and Solicitor asked to have all pertinent paperwork forwarded to the Village office so we can be well versed in what the contract reads. Mr. Arends suggested that the Building Commissioner review the paperwork as well since he was the one who signed the building permit.

Scott McIntosh, 6508 Park Lane, said the work has already started and he guarantees they are not touching 60% of the street. The entire process has been an absolute nightmare.

Mr. Adams said they are contractual obligated to replace the areas they have destroyed and he believes timing is of the essence since they have begun the work. We need to resolve this issue first thing in the morning.

Mayor Policastro said he wants to negotiate a price with the blacktop company being used by MSD to get the work done and we’ll fight about the money later. He thinks the proper thing to do is to do the whole area of Park Lane and Harvard Acres. Solicitor McTigue said it is a $10,000 expenditure. Even if we are not successful in negotiating some resolution to the contract, we are going to go ahead with the work to satisfy the residents. Mayor Policastro said he feels strong that we will get some money back from MSD because of the hidden damage and side damage they are doing with their large equipment.

Mr. Thomas said we are going to have a hard time amending a contract we are not a party to. Mr. Arends said the Village legally does not have any leverage and that is why he would suggest Council negotiate.

Ms. Karen Koch, 6507 Park Lane, said she has had personal property damage on her property. She spoke to the contractor but has yet to see any action. Mayor Policastro said to keep the office informed and we will stay on it. Mr. Arends suggested that the Village office be a central source for complaints and issues. Mayor Policastro said if anyone has specific problems, to write it up and submit it to Mrs. Van Pelt or Mrs. Singleton so he can go over the list of damages that need to be fixed with Mr. Gumm of MSD.

John Swisher, 6624 Wooster Pike, Complained about the condition of Wooster Pike and the curb line from Park Lane to Oak Street. Mayor Policastro said he has asked them to do something temporarily before someone gets hurt.

It was agreed by Council to approve the expenditure to fix Park Lane. Mr. Arends said the Mayor’s approach is correct by getting a list of the scope of work that needs to be done. He would recommend a meeting that would involve the Mayor, the Building Commissioner, Rick Jones, President of Sunesis, and the MSD representative to review the contract documents. It is a matter of compliance. He understands that they are not done yet, but he does not believe that they are going to get everything done either. They are already over the contract amount of time and are probably losing their shirt dollar wise. He offered to sit in on the meeting if the Mayor so wished.

Ms. Marty Bartlett, 3744 Indianview Avenue, asked what procedures will be used for the survey that is to be included in the Mayor’s Bulletin and who will tally the vote. Mayor Policastro said people can bring in the survey or mail it in. He will be the one to tally the count. Mrs. Bartlett said she thought this was going to be a democratic process and wondered if a third party should tally the count. Mayor Policastro said it is a survey and he is not going to make a big deal out of it.

Mr. Clyde Nowlin, 6643 Elm Street, asked why the granite curbs are being stored between Beech Street and Oak Street. He questioned why not store it on Park since it’s torn up anyway. Engineer Ertel said he did not know why they are storing them where they are - he knows that they are for Harvard Acres. Mayor Policastro said they may have left them in the median for safety reasons - nobody walks there.

Mr. Adams asked when the trees are going to be replanted. Mayor Policastro said we have the trees and they are scheduled for planting mid-October.

Ms. Sullivan moved, seconded by Mr. Bevis to pay the bills as approved by the Mayor, Clerk and Chairman of Finance. Mr. Bevis asked about the payment to American Red Cross and asked for clarification. Mrs. Van Pelt said Captain Bauserman took a class to become certified to teach young residents on becoming certified babysitters by the American Red Cross. Mr. Bevis questioned the payment to Grainger for trash cans and a litter vacuum. Mayor Policastro said we purchased new trash cans. One for in front of the Strand and one for the broken one at the pool. Mr. Bevis said that is a lot of money for trash cans. Mayor Policastro said he believes there are two separate bills, but will ask Superintendent Scherpenberg for explanation. Mr. Adams asked if the MDC in car computer for the Police Department will be paid out of the court computer fund. Clerk Bahler said it would get more information on what it is and will then decide if it can come out of that fund. On roll call; six ayes, no nays.

Mr. Ebelhar moved, seconded by Mr. Adams to accept the recommendation of the Health and Recreation Committee. The Health and Recreation Committee met with members of the Mariemont Parks Advisory Board (MPAB) on September 11, 2006 to discuss the “Adopt-A-Bench” concept. Based upon input form the MPAB and discussions that evening, the Committee recommends the following: Some of the teak benches which exist throughout the Village do not have names engraved or plaques attached to them. In an effort to make bench memorials more affordable to residents, these benches may be adopted for a one time fee of $500. Included in the fee will be a plaque recognizing the person being memorialized. The Village makes no guarantee as to the life of the bench. Village residents may contact the Village Office to investigate adopting a bench. Mr. Bevis said this program was brought to the attention of the Committee by the Mayor as an opportunity for residents to memorialize people without having to spend $900-1,000 for a new bench. The Village has a number of benches that would be suitable. On roll call; six ayes, no nays.

Mrs. Schmit moved, seconded by Ms. Sullivan to accept the recommendation of the Safety Committee. The Village Council Safety Committee met at 6:30 p.m. on August 28, 2006 to discuss a request from Geneva Jokich, 6620 Wooster Pike, for a handicapped parking space behind her home. Mrs. Jokich has a medical condition that limits her mobility and has been issued a handicapped parking permit by her physician for motor vehicles. While she does not drive, Mrs. Jokich utilizes the permit to access transportation to and from her residence. The Safety Committee investigated the legality of such a request and found that it is permissible by law. As such, the Safety Committee recommends that the request for a handicapped space in the rear of 6620 Wooster Pike be immediately granted, to be terminated upon the sale of her home or her passing. The report was not signed by Vice-Chairman Ebelhar. Ms. Sullivan said she and Mrs. Schmit looked at this issue from a purely legal perspective. It was discussed with the Solicitor and they found it legal to have this dedicated space. She also discussed it with a former Safety Director for the City of Cincinnati to see how common it was in the city. She was told that it is very common. Obviously, it would not be her personal space; it would be a handicap space for anybody in the area. Mrs. Jokich has obviously shown the need that she does have an impediment to her mobility. Not only is it legal, she believes it to be a kindness even though some of her neighbors may disagree. Mrs. Schmit said she has a need for it and legally she is allowed to have it. Mayor Policastro said he believes all the parks should have a handicap parking spot. Patriots Park needs a handicap parking space and probably that would be the best place to have one. Mr. Adams asked if she has a garage or a driveway. Mrs. Schmit said she has a two car garage which is rented out. Mr. Adams asked if she could park behind her garage. Mrs. Schmit said she could park behind her garage, but if someone had to get out of the garage, the vehicle behind the garage would need to be moved. There is no driveway, just a small lip. Ms. Sullivan said one of the reasons this came to Council’s attention is because she often can not park behind her house because some of her neighbors park their vehicles there and she does not have access to her own property. Mrs. Schmit said it is a courtesy that the neighbors in that area provide to one another that you do not park behind someone else’s home. Mrs. Jokich’s caretaker said that often times she is not able to park behind the home. Mr. Ebelhar said part of his election not to sign the report was based on the fact that she does have a two car garage that she elects to lease out when she could keep it for herself. He believes it is primarily a neighbor spat in that there are large commercial trucks that are parking in the way. He would be more inclined to outlaw commercial vehicles in the lane than he would be to put a handicap parking space for basically one person’s use, although there would be no guarantee that another handicap person could not legally park there and block the same intent that she would use to gain access to her house and property. It is an interesting dilemma, but he thinks it is more of a neighbor’s issue of being inconsiderate of each other than a true medical need. Mrs. Schmit said we can alleviate this problem for one of our elderly residents. She said she hopes when she is that age she does not have to deal with this type of aggravation. Mr. Adams asked if this would be setting a precedent. Ms. Sullivan said it was discussed and that was one of the reasons she called the former Safety Director for the City of Cincinnati. She asked him if that had been abused and she was told no. She said for the most part, people are self policing and they are only going to want that if they truly need it. Mr. Bevis said he shares Mr. Adams concern about the incorporation of dedicated handicap parking spaces around the Village. Mr. Adams said the other concern he has is that Mrs. Jokich has made a conscientious decision to rent out the garage which limits her access. He does not understand why the Village is coming in when it really seems to be a dispute between two neighbors. Ms. Sullivan said she and Mrs. Schmit struggled with those issues also, but in the end it came down to the fact that it is legal and there is a need. Mrs. Schmit said she would find it hard to believe that we would have an onslaught of residents coming and saying they need their own handicap parking spot. She feels Mrs. Jokich needs support with this. Mayor Policastro asked if we should have handicap parking in the park. Mr. Ebelhar said the proposed spot is adjacent to a park and if we wanted to pursue that it probably would be a good location, but that was not the task at hand. The task at hand was should we allow this person handicap parking in the Lane because she does not have access to her property. Mr. Bevis said the fact with handicap parking is that it will decrease the number of other spots available - and where there are tight parking requirements that could be a problem. Mrs. Schmit said in that area everyone has some space to park behind their home. She lived there for four years and everyone honored that by being a good neighbor. That is the way it worked around the entire green space. By putting a handicap parking spot behind her home, we are really not taking away a parking space, but guaranteeing that there will be a spot available for her. Ms. Sullivan said hopefully we should all feel the kindness which hopefully is one of the values we espouse here in Mariemont is to take care of our residents. She thinks we would all agree that we are all here to take care of our residents regardless of their age, disability or handicap. Yes, she has a two car garage, but the woman often has difficulty walking. We either are going to take care of our elderly residents or we are not. She knows this is taking a small issue and expanding it, but if we don’t care about every resident in this Village and their handicap and their lack of mobility, then she questions what we are doing here. Mr. Adams said he appreciates that concern and we certainly do want to help everybody in the Village. However, the report indicates that she does not drive, yet we are giving her a parking space. She had access to the back of her garage and he believes the parking spot that is being proposed is probably the same distance. The caretakers that come over are not handicapped and it would be illegal for them to park there without a handicap parking sticker. He has an issue with it being a personal pick up and drop off spot. Mr. Ebelhar said the handicap sticker goes with the person, not the vehicle. Mrs. Schmit said she really thought it through. She visited the area several times and saw mulch trucks and a huge rig parked behind her house. She thinks if we can make this lady’s life a little easier for a little while, then let’s do it. She is legally allowed to have this spot. Who are we to say forget it because we are too afraid we might have an onslaught of handicapped people walking in knocking on our door. On roll call; three ayes, three nays (Mr. Adams, Mr. Bevis and Mr. Ebelhar dissenting). Mayor Policastro voted aye to break the tie.

The Mayor read the following miscellaneous announcements:

Reminder to Council to submit their photos for inclusion on the Village website.

Records Commission will meet Monday October 9, 2006 at 7:15 p.m.

Beggar’s Night will be Tuesday October 31, 2006 from 6:00 p.m. to 8:00 p.m.

Annual Tree Lighting and Luminaria will be Saturday December 2, 2006 from 5:00 p.m. to 9:00 p.m. (Rain date will be Sunday December 3, 2006)

“A Resolution authorizing the solicitation of bids for Resthaven Barn” had a third reading. Mr. Adams moved, seconded by Mrs. Schmit to adopt the Resolution. On roll call; six ayes, no nays. Resolution No. R-13-06 was adopted.

“A Resolution Supporting the Construction of a New and Larger Jail Facility in Hamilton County” had a first reading. Mayor Policastro asked Council if they wanted to pass this Resolution on an emergency basis so we can forward a copy of it to Commissioner Heimlich. Mr. Bevis moved, seconded by Mr. Thomas to suspend the rules to allow for a second and third reading. On roll call; three ayes, three nays (Mr. Adams, Mr. Ebelhar and Ms. Sullivan dissenting). The Resolution will have the second reading at the next Council meeting.

“An Ordinance Authorizing Application and Contracting with the Ohio Public Works Commission” had a first reading.

Treasurer Borgerding said he was looking into moving some money into another bank and asked for Council direction. Solicitor McTigue said Council will need to pass a Resolution. The Treasurer said he can get a quarter of a percent higher rate at Huntington Bank. Clerk Bahler said before Council can pass a Resolution, the bank will need to send to the Village paperwork documenting their solvency. The Solicitor instructed the Treasurer to get the required paperwork and the Solicitor will prepare the Resolution with an emergency clause for the next Council meeting. It was discussed and decided to have the Treasurer check with US Bank for a competitive rate since we already have a Resolution in place naming them. Mayor Policastro said he would rather stay within the Village and give the business to one of the two local banks, therefore we need to see if they will match the proposed interest rate.

Mrs. Schmit said she went to see the Presidential motorcade and it was nice to see the presence of the Mariemont Police Department.

Ms. Sullivan moved, seconded by Mr. Adams to go into executive Session to discuss pending litigation. On roll call; six ayes, no nays.

The meeting adjourned at 8:42 p.m.