Mayor Policastro called the meeting to order at 7:30 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, and Ms. Sullivan.

Mr. Adams moved, seconded by Ms. Sullivan to excuse the absences of Mrs. Schmit and Mr. Thomas. On roll call; four ayes, no nays.

Mr. Ebelhar moved, seconded by Mr. Bevis that the minutes of December 11, 2006, be accepted as written. On roll call; four ayes, no nays.

The following communications were read by Mayor Policastro:

From Marilyn Adams: Thank you for the donation in memory of her husband

From Ohio Municipal League: Legislative Bulletin No. 11

From Donna Ewald: Letter dated December 8, 2006 re: Thank you to Fire Department

From Treasurer Borgerding: Treasurer’s Report November 2006. Treasurer Borgerding said we will end the year on a strong note with a higher ending balance in the General Fund than last year.

From Sue Singleton: Thank you note for the Kroger gift card

From Ohio Municipal League: Legislative Bulletin No. 12

From the Adams Family: Thank you for the donation in memory of Devon Adams

Ms. Sullivan moved, seconded by Mr. Bevis to pay the bills as approved by the Mayor, Clerk and the Chairman of the Finance Committee. On roll call; four ayes, no nays.

Mr. Adams moved, seconded by Mr. Bevis to accept the recommendation of the Committee of the Whole. The Committee of the Whole met on Monday, December 18, 2006, to discuss the acceptance of the bid for the Resthaven Barn from the Woman’s Art Club of Cincinnati Foundation. Their bid of $50,000 was the highest received and the only bidder presenting their proposal to the committee.

Several members of the Woman’s Art Club and the Woman’s’ Art Club Foundation spoke of their proposed use of the barn, the historic relevance of the building and their plans for securing the funds to implement this vision. Their original partner for the building purchase is no longer able to proceed; a revised plan and funding are being addressed by their membership and new community partners. Upon discussion, the committee recommends two courses of action.

A non-binding letter of intent will be drawn to reflect the proposed sale of the Resthaven Barn to the Woman’s Art Club of Cincinnati Foundation for the purpose of pursing additional funding and preparation of detailed plans to be reviewed by the appropriate Village departments. This would include the Architectural Review Board, Building Commissioner, and Planning and Zoning Committee.
The Village will participate in the procurement of a Phase One environmental study of the property in the amount of 49% of the cost of this study or $1,000.00 whichever is less.

Mr. Ebelhar said for the record Mr.Thomas is in agreement with the Committee report, however, he was not available to sign the report before he left to go out of town. Solicitor McTigue asked if the Phase I environmental study will give the Women’s Art Club the information they really need.Mr. Adams said the Phase I study will review the property. The big concern they had was the smell of oil. The question is is there really oil there or is it just on the top surface. Mr. Ebelhar said it will give them a good lead as to what might be on the property. Mayor Policastro said there may be small amounts of asbestos and lead paint, but those really should not pose an environmental problem. The Solicitor asked how long he should leave the letter of intent open for. Mr. Bevis said he believed Mr.Thomas was in the process of developing a letter of intent. The Solicitor said he will get together with Mr.Thomas when he returns to review the draft. On roll call; four ayes, no nays.

Mayor Policastro read the following miscellaneous announcements:

Village Offices will be closed Monday January 1, 2006 in observation of New Year’s Day

Resolutions:

“To reappoint Jeanne Boone as a member of the Architectural Review Board for the calendar years of 2007 and 2008” had a second reading. Mayor Policastro said Mrs. Boone has done a fine job over the years and he is happy she is returning.

“To reappoint Martin Koepke as a member of the Architectural Review Board for the calendar years of 2007 and 2008: had a second reading. Mayor Policastro said Mr. Koepke has been on the Board for a long time and he is glad to have him back.

“Resolution requesting the County Auditor to make advance payments of taxes” had a second reading. Clerk Bahler said this will simplify and expedite the process should we need to do it next year.

“To appoint Mike Benson as a member of the Parks Advisory Board for the calendar years of 2007 and 2008” had a second reading. Mr. Bevis asked the Mayor how he came to choose Mr. Benson. Mayor Policastro said he is a professor at the University of Cincinnati. He lives across the street from the Municipal Building and has done a great job landscaping his house. He was recommended by Peggy Keyes. He is sad to see Dr. Berkich leave, but with Mr. Benson living so close, he will take care of the Municipal Building flowers. He believes he will be a fine addition.

“To grant an easement to owner of property located at 6500 Mariemont Avenue, Mariemont, Ohio, for purposes of utilizing said easement for a driveway for ingress and egress” had a third reading. Mr. Ebelhar moved, seconded by Mr. Adams to adopt the Resolution. On roll call; four ayes, no nays. Resolution No. R-21-06 was adopted.

Ordinances:

“Ordinance amending Section 151 of the Mariemont Code of Ordinances” had a third reading. Mr. Adams moved, seconded by Ms. Sullivan to adopt the Ordinance. On roll call; four ayes, no nays. Ordinance No. O-12-06 was adopted. Mr. Ebelhar thanked the Committee and the Building Commissioner for all their hard work.

“Ordinance authorizing the renaming of Lane E and Lane F surrounding Patriots Park to Patriots Lane” had a third reading. Mr. Bevis moved, seconded by Mr. Ebelhar to adopt the Ordinance. On roll call; four ayes, no nays. Ordinance No. O-13-06 was adopted.

Mayor Policastro thanked Council for all their hard work during the year. Together we have accomplished quite a lot, such as: Best Hometown by Ohio Magazine, the Village will receive its National Historic Landmark status, Trolley Turn Around Park was put together, Miami/Murray connector beautification project is just about complete, MSD Wooster Pike pole project is finally done, we moved into our new Maintenance Facility, we have a tree farm, we got the retention tank and beautification project complete at Mercy St. Theresa, the Police Department has implemented a senior citizen program and neighborhood watch program, a great job was done on the street rehab this year, West Street is and we hopefully figured out a way to save our Historic Resthaven Barn.

Village Offices will be closed Monday December 25, 2006 and Monday January 1, 2007 in observation of Christmas and New Year’s Day.

Mayor Policastro said because Christmas falls on a Council Monday, the meeting will be held on Tuesday December 26, 2006. Mrs. Schmit and Mr. Thomas indicated that they would both be out of town that week and would not be available to attend the meeting.

Mayor Policastro moved the matter of the Resthaven Barn Bids from Planning and Zoning into the Committee of the Whole. He does not believe this is the scenario that we wanted for the barn and the residents who live by the barn need to be involved. Mr. Bevis and Mrs. Schmit represent that area, yet they are not on the Planning and Zoning Committee. He wants to call a Public Meeting and get the word out to those who live in the area to voice their opinions. He does not know if this will work with the bids that came in. He wants to save the barn anyway he can, but he does not know if this group has the money it will take to restore it. If we have to worry about grants, that may mean the barn is going to sit for a long time. Mr. Thomas reminded Council that we have a reverted clause which means if they do not get the work done within six months; the Village has the right to take the title back. The Mayor said he wants to see a plan; it can not just be a few rooms get done. From what he hears, they are only planning on fixing the bottom floor and leaving the upstairs as is - is that something that is acceptable to Council. Mr. Thomas said it goes back to Council’s objective in taking on this project - is it to save the barn or is it to make money for the Village. After discussion, it was decided to hold a public meeting on Monday December 4, 2006 at 7:00 p.m. to discuss the matter in further detail. The Mayor said he would get flyers out to the residents in the area notifying them of the meeting and he will contact Jane McDonald to let her know of the meeting. Mr. Bevis said he agreed with Mr. Thomas as far as what Council is trying to do - are we trying to retain Resthaven Barn or are we trying in other ways to maximize that property. Mr. Thomas said we can always give this organization the chance to move forward because we do have the right to obtain title again if they do not perform as we expect them to. If the expectations of what we want were not achieved by this latest process, we can always drop back and punt again and come up with a new plan and go through the process again. We are not obligated to accept the bid. Mr. Bevis said we owe it to this group to give them a timely response. Mrs. Schmit asked about the environmental issues. Mr. Thomas said he believes that to be a separate issue. He does not think whether or not we want to decide to sell the barn to them should get tangled up with environmental due diligence or survey issues. Mayor Policastro said it is a two edged sword - we definitely want to save the barn, but we also have to protect the surrounding citizens.

Resolutions:

“To authorize solicitation of bids for Phase II of the Boathouse Restoration Project” 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-16-06 was adopted.

“To confirm the reappointment of Christopher M. Ertel as Village Engineer” had a third reading. Mr. Ebelhar moved, seconded by Mrs. Schmit to adopt the Resolution. On roll call; six ayes, no nays. Resolution No. R-17-06 was adopted.

“To reappoint Peggy Keyes as a Member of the Parks Advisory Board for the Calendar Years 2007 and 2008” had a third reading. Mr. Ebelhar moved, seconded by Mr. Bevis to adopt the Resolution. On roll call; six ayes, no nays. Resolution No. R-18-06 was adopted.

“To reappoint David Tensi as Building Inspector for the Building Commissioner for the Calendar Years 2007 and 2008” had a third reading. Mr. Bevis moved, seconded by Ms. Sullivan to adopt the Resolution. On roll call; six ayes, no nays. Resolution No. R-19-06 was adopted.

“To reappoint Edward J. McTigue as Solicitor for the Village of Mariemont for the calendar years 2007 and 2008” had a second reading.

Ordinances:

“Ordinance Amending Section 151 of the Mariemont Code of Ordinances” had a first reading.

“Ordinance Authorizing the Renaming of Lane E and Lane F Surrounding Patriots Park to Patriots Lane” had a first reading.

“To Grant an Easement to Owner of Property Located at 6500 Mariemont Avenue, Mariemont, Ohio for purposes of Utilizing Said Easement for a Driveway for Ingress and Egress” had a first reading.

Mr. Bevis said he had a resident contact him and asked if we could do a better job maintaining the shrubbery along the Statuary Park and Plainville Road at Chestnut. He observed that the honeysuckle is rough over there. Ms. Sullivan said she asked last month if the Maintenance Department could clean up the area. Mayor Policastro said the Park Board has been working on the Statuary. Once the Maintenance Department is finished with a current project at Murray, he will send them over to Plainville and Chestnut.

Mayor Policastro said he was approached by Karen Monzel about putting together a small citizens group together to plan a Village wide garage sale day in the spring. The group will address Council at some date in the near future.

Mayor Policastro said Amy Fisher, Dr. Wendell and James Ferguson have volunteered to work together on the 4th of July fireworks display for next year. He hopes the group will be able to address Council early next year.

A lane by a different name
Village Council unanimously agreed to rename Lanes E and F which surround Patriots Park to "Patriots Lane." The Health and Recreation Committee requests that the village solicitor prepare the necessary legislation. There was some question if emergency services would be able to differentiate between the two lanes, but after discussion it was agreed that emergency personnel would be able to respond to the actual street address.

The MPAB fully expects other contributions will be forthcoming for this important project but that these other funds might not be available until 2007. Therefore, in order to meet the Dornette Fund matching fund stipulation, the Village pledges the full amount of the matching funds ($15,000). Councilman Rex Bevis said he is fully expecting the MPAB to raise money from other contributors to offset the expenses. Council unanimously voted to accept the recommendation.

Fire chief proud of department's ability
Fire Chief Jack Phifer said he was really proud of the department and a letter they received from Steven Miller, Field Claims Superintendent with Cincinnati Insurance Companies. In his 30 years with firefighting, Phifer said he has never seen a letter like this one before. Councilman Doug Adams suggested having the letter read into the permanent minutes. The letter read:

“I am writing in regards to the above mentioned claim I am currently working on for Cincinnati Insurance and as a follow up to our meeting at the fire scene last month. Upon my initial inspection of this loss, it was clearly evident of the outstanding work and effort put forth by your department to bring this fire under control and minimize the extent of the damage. As we walked through the remains of the dwelling, I could not have been more impressed with the way you and your folks were able to contain this fire. This fire had the potential to destroy the entire dwelling, but your department was able to extinguish the blaze in a fast and efficient manner. Due to your efforts, we are in the process of repairing the dwelling instead of demolishing it. I cannot thank you enough for your effort and hard work in doing your job on an incredibly high level of performance. Based on this experience, I feel you and your department has to be one of the finest in the Cincinnati area and would assume the residents of your fine city rest easy knowing you are on the job. Again, thank you for a job well done”.

Resolutions. All resolutions must have three readings before being executed.
“To authorize solicitation of bids for Phase II of the Boathouse Restoration Project” had a second reading.

“To confirm the reappointment of Christopher M. Ertel as Village Engineer for calendar years 2007 and 2008” had a second reading.

“To reappoint Peggy Keyes as a member of the Parks Advisory Board for the calendar years 2007 and 2008: had a second reading.

“To reappoint David Tensi as Building Inspector for the Building Commissioner for the calendar years of 2007 and 2008” had a second reading.

“To reappoint Edward J. McTigue as Solicitor for the Village of Mariemont for the calendar years 2007 and 2008” had a first reading.

Resthaven Barn gets some attention
The Cincinnati Women's Art Club wants to transform the village's old Resthaven Barn into a usable facility. The barn has been home to the village's Maintenance Department for the last 20 years and was a dairy farm prior to that.
Jane McDonald, 6711 Mariemont Avenue, is president of the art club said the bid for the Resthaven Barn may have been small, but it was certainly heartfelt. "The Women’s Art Club has high hopes for this project. We have already written for grant money." She believes they will have private resources also.

There are issues though: There are several areas that have a very strong odor of motor oil. The club is not sure what contamination might be on the site. And it is not known who will be directly responsible for cleaning the contamination.

Building Commissioner Malone said that council needs to give the nod, if they are going to give the nod, to the Women’s Art Club as quickly as possible so the club can move forward with their due diligence phase to learn what options are available for restoring the Resthaven Barn.

"There is quite a bit of work to do and they have to convince themselves and to convince the village that the proposition is in fact do-able. We will need to move on this as quickly as possible," Malone said. Council referred the matter to the Planning & Zoning Committee.

McDonald said time is of the essence. "Once you get the bid you have six months before you can actually start construction and two years in which to finish. Applying for grants is all about timing. You want to get your request in early." She said if the committee languishes before making a decision, it puts the art club at a disadvantage to get funding. She asked in the committee’s deliberations to be considerate of the time factors.

Some change in the code
Rex Bevis moved, seconded by Charlie Thomas to accept the recommendation of the Planning and Zoning Committee regarding Zoning Code modifications. In February council approved a recommendation from the Planning and Zoning Committee for several modifications to the Village of Mariemont’s Zoning Code.
These proposed modifications included items that had already been approved by council but had not yet been through the formal Planning Commission approval process or were suggested improvements to the current zoning code, primarily as a result of errors/omissions/clarifications identified by the Building Commissioner. As part of the approval process to have these modifications legally approved by the village, a public hearing on the proposed changes was held in September of this year in council chambers. At that meeting, the various items proposed to be changed were discussed, resulting in several new proposed changes or clarifications. These new items are listed below, with the full wording of the change from the earlier approved language:

151.025 -- Clarifies the voting terms under which Council can approve a Conditional Use Permit;
151.060(B)(4) – Clarifies what the types of uses and parking requirements are to be considered under a Conditional Use Permit;
151.060(C)(8) – The originally approved language only dealt with private projects while the new wording adds language for public projects;
151.060 (C)(9) – Adds language to address storm water drainage conflicts;
151.060 (C)(10) – Clarifies that the new wording only applies to portable storage units;
151.131(A) – Adds language addressing the period under which temporary signs are allowed to be erected.

It is the recommendation of the Planning and Zoning Committee that Council approve the changes outlined in the attached and that the zoning code be so amended. As contained in our February report, the Planning and Zoning Committee again recommends that the Village engage the services of American Legal Publishing to recodify the zoning code by incorporating the approved changes. Mr. Thomas said he appreciated everyone’s patience during this process. Mr. Thomas said earlier in the year there was a public hearing and at that meeting it was determined that a couple of other changes needed to be made. The changes were listed on the attachment provided by Building Commissioner Malone. He briefly explained the changes: 151.025 Powers and Duties of Planning Commission: The granting of a Conditional Use Permit by the Planning Commission shall be approved by the Council with five-sixths of the full membership concurring. It is a legal requirement they decided needed to be included in the current zoning code amendments. 151.060(B)(4) Conditional Office Uses: (b) Other offices (including licensed medical practices) that are deemed to be compatible with the residential neighborhoods in which they may be located. Parking for conditional office uses shall be provided as stipulated in Section 101.089 of this zoning code. He said (b) in the previous language was specific to medical/opticians. We wanted to clarify it to be more inclusive, but not to exclude licensed medical practices. 151.060(C)(B): Projects located on public property shall not impinge on private property including access thereto. This came up because several people had public projects going on and the public personnel providing those services were using private property in a manner they were not allowed to. 151.060(C)(9): No storm water drainage shall be allowed to flow from a property onto a neighboring property. All storm water shall be conducted to a storm sewer, street gutter or drainage swale located in the public right of way. 151.060(C)(10): Portable storage units shall be allowed to remain on-site for a maximum of 2 weeks, after which time they shall be removed. Permanent or semi-permanent installation of portable storage units is expressively forbidden. 151.131(A): Such temporary signs shall not be erected prior to 30 days before the election for which they are denoting political cause or candidate and shall be removed no late than 1 day after the election. Mr. Bevis asked if Section 151.060(C)(9) regarding the storm water drainage was included because the code was silent on this issue and what about grandfathering in existing situations. Building Commissioner Malone said the Building Code is silent on the subject. Mr. Thomas said if you have an existing situation, it is already grandfathered - this would apply to new construction. It helps to keep someone from pouring water from a new construction project onto someone else’s property. Mr. Bevis asked for clarification on the conditional office use. Solicitor McTigue said a conditional use means that you are not necessarily zoned to use the property in a particular fashion, but Council/Planning Commission have reviewed an application on how someone proposes to use it, and Council finds it acceptable. However, certain conditions must be met. It is still Residence “A”. On roll call; six ayes, no nays. (For the record, the Committee report #6 should read 151.131(A). The permanent minutes reflect this change).

Mayor Policastro called the meeting to order at 7:30 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, Mrs. Schmit, Ms. Sullivan and Mr. Thomas.

Ms. Sullivan moved, seconded by Mrs. Schmit that the minutes of September 25, 2006 be accepted as written. On roll call; six ayes, no nays.

From Police Chief Hines: September 2006 monthly report. Mr. Ebelhar said he noticed that overall thefts were down from 2005. Chief Hines said fortunately 2006 has been a better year. We are still having a lot of opportunity type thefts. There was a report this month where there was an unlocked door with a cell phone and quite a bit of cash taken from a vehicle at the library. The department continues to try to educate people on the importance of locking valuables in the truck and locking doors.

From Fire Chief Phifer: September 2006 monthly report. Chief Phifer said the annual fire expo will be held this Saturday from 11:00 a.m. to 2:00 p.m. He encouraged everyone to remember to change the batteries in their smoke detectors.

From Maintenance Superintendent Scherpenberg: September 2006 Monthly Report. Mr. Adams asked when the last time the street sweeper was in the vicinity of Homewood. Superintendent Scherpenberg said he knows it was last done for a block party. Mr. Adams said he had it brought to his attention that the area needs some attention. Superintendent Scherpenberg said leaf season starts next week so all the areas should be taken care of. Mayor Policastro asked about the status of the Miami connector and asked when the trees would be planted. Superintendent Scherpenberg said the trees should be in on Monday. He said OOPS is running about a week behind and the area is still very soggy. Mayor Policastro suggested getting more dirt. Superintendent Scherpenberg said the trucks are already sinking in the wet grass.

From Building Commissioner Malone: September 2005 Monthly Report.

From Tax Administrator Judd: September 2006 Monthly Report/September 2006 Waste Collection Report.

From Mayor Policastro: Letter dated September 29, 2006 re: Street Paving on Harvard Acres/Park Lane. Mayor Policastro said he went around with Mr. Campbell from MSD. It was told to him by several of the residents that the 600 lineal feet did have some prior damage and at this point he agreed with Mr. Campbell that there should be some depreciation. You arrive at fair market value by taking replacement costs minus depreciation. It was agreed between the two of them to split the cost 50/50. Mr. Thomas asked how MSD is addressing the other issues. Mayor Policastro said we have a punch list of problems and so far MSD has been receptive. Mr. Ebelhar said we should not sign off on anything until everything on the punch list is satisfied. Mayor Policastro said he would like to get a letter to MSD as quickly as possible. Council agreed to split the cost provided the punch list is addressed satisfactorily.

From Rev. Lucy Vick: Letter dated September 30, 2006 re: Placement of stones at Patriots Park. Mr. Bevis suggested having the Parks Advisory Board look into the matter. Mayor Policastro agreed and asked Mrs. Van Pelt to forward a copy of the request to Carolyn Tuttle. Mayor Policastro said he thought it would be appropriate to re-name the lane ‘Patriots Lane’ and referred the matter to the Health and Recreation Committee.

From Spinnenweber Builders: Letter dated October 1, 2006 re: Thank you to the Fire Department.

From Mariemont Parks Advisory Board: Minutes from the meeting September 26, 2006. Mayor Policastro said the Parks Board has gotten favorable approval from the Dornette Foundation of $15,000 for fountain restoration and modifications to the Village of Mariemont. However the Parks Board must now secure the matching grant for $15,000. The Mayor believes Comey & Shepherd will donate, however the Parks Board wants to use the Bloch Fund as the matching fund. It is not believed that they will need the entire amount. Mr. Bevis said he would rather see what kind of matching money they come up with and then take a look at it. Mr. Ebelhar said he recalled that the Parks Board was going to pursue all of that and we would not necessarily have to get into the Bloch Fund. The Mayor said to get the $15,000 they have to have a matching fund. Mr. Ebelhar said he understands that, but he would like to see that come from other sources. Mr. Thomas asked what the scope of the work is. Mr. Bevis said primarily to raise the fountain and to fix it so it does not spray all over people. Also, the piping is going to be fixed so it can be drained properly in the winter time. Mr. Adams said he agreed with Mr. Ebelhar. He would like them to raise the funds and then come back to Council with an amount. Mr. Ebelhar said from the meeting he understood that they were going to pursue all private funding. His understanding was that the Bloch Fund was only to be used as the last resort and this seems early in the process. Mr. Adams suggested going back to the Park Board and telling them it is their obligation to raise whatever funds they can and whatever they are short - then come back to Council for a request for money from the Bloch Fund. Clerk Bahler said if you tell them you are going to give them the whole amount, where is the incentive to go raise any extra money. Mr. Ebelhar said there seems to be an artificial timeline on this that he does not understand. It is not unusual for grants to require matching funds, what is unusual is for that amount of money be requested from us this early in the fundraising project. Mayor Policastro suggested there be another meeting between the Health and Recreation Committee and the Parks Board.

From Ohio Municipal League: Legislative Bulletin No. 9

Mrs. Schmit moved, seconded by Ms. Sullivan to pay the bills as approved by the Mayor, Clerk and the Chairman of the Finance Committee. Mr. Adams asked if the repair to the fire hydrant was due to damage caused by others. Chief Phifer said he did not know, it was found broken. Superintendent Scherpenberg said at the last meeting there was a question about a litter vacuum. It is a billy goat that they use to pick up cigarette butts and garbage around the Square. On roll call; six ayes, no nays.

Mr. Ebelhar moved, seconded by Mr. Adams to accept the recommendation of the Finance Committee which met on October 3, 2006 to discuss the purchase of an online tax package that will allow taxpayers to complete their Mariemont Tax forms online, then print, sign and submit. Using our tax forms, this instrument completes the mathematical calculations, reducing errors and expediting correct payments to the Village. Our Tax Administrator reports approximately 50% or more of the existing submissions come with errors and require mailed request for correction. Each mailing costs c. $.63 cents plus labor costs. Additional costs savings may include: tax reminders will be mailed on post cards instead of full first class postage and ordering less of the expensive no carbon required tax forms. The online tax package vendor, Insource, has agreed to a five-year contract that will establish a fixed annual cost and spread out the initial set up fees, annual hosting and annual maintenance fees. Other municipalities using their system include Dublin, Newark, Loveland, Fairfield and Mason. The annual cost to Insource will be $2,240 per year. The Finance Committee recommends purchasing this software to enhance our Tax Department. The Committee further requests that the Tax Administrator ‘market’ the availability of the online tax service via local news outlets and the Village of Mariemont website. Mr. Ebelhar said this is a sophisticated software package. You can go online, enter date and it will make the calculations. Mrs. Judd was conservative with 50% of all tax forms that arrive at the office with some kind of mathematical error that need to be corrected. The cost of mailing and re-mailing add up and we are losing interest having the deposits in our account. We are hoping that something like this will re-coup itself over time as well as expedite the number of claims that come in. It is very user friendly. The five-year contract refreezes the rates for awhile and it seems like a pretty good deal all around. Ms. Sullivan said it is very affordable for that type of software. On roll call; six ayes, no nays.

Mrs. Schmit moved, seconded by Mr. Bevis to accept the recommendation of the Public Works & Service Committee which met on October 2, 2006 with members of the Mariemont Preservation Foundation and Dennis Malone to discuss renovation plans for our Village’s Boathouse. After much discussion, it is our recommendation that the Village, with the support of the MPF, and the Reakirt Foundation, rehabilitate the Boathouse. We believe that the Boathouse is an important part of Mariemont’s history and should be protected. The Boathouse must first be protected from further deterioration, the structure rehabilitated and it should be returned to public use. Because of the importance and uniqueness of the building the community would receive great enjoyment from utilizing the structure for social or business functions. We recommend approving the proposed scope of work and proposed budget for Boathouse renovations. Scope of work: Please see attached. Proposed Budget: Reakirt Foundation $18,000, MPF $18,000, Capital Improvement Budget 2007 $24,000 for a total of $60,000. It is important to note that to utilize the Reakirt Foundation grant money; the building must be completed with a finished interior and to be useable by community residents for all kinds of functions. In addition, certain work on the Boathouse will begin in the fall of 2006 with MPF funding. Mrs. Schmit thanked Mr. Malone and Mrs. DeBrunner for all their hard work and effort. The Committee felt that this was an important structure to our community and we need to prevent it from further deterioration. We need to rehabilitate and get the structure back for community use. Mr. Adams asked if this has been budgeted for 2007. Clerk Bahler said that we would allocate the funds in January 2007, but the funds are available now. Mr. Adams asked if due to the total amount of work, would the project need to go out for bid? Mr. Malone said we would need to go out for publicly and competitively bid for the second phase of the project. The second phase is close to $40,000 with the work primarily inside. Phase One work could start within two weeks, while Phase Two work would begin the end of this year/beginning of next year. We still need to put together the formal package for the bid process. Mr. Adams said he felt this would be a very worthwhile project. Clerk Bahler said we could not sign the contract until we have the funds available. Solicitor McTigue said he will prepare a Resolution for the bid process for the next Council meeting. It was discussed and determined by Council not to pass the resolution on an emergency basis. On roll call; six ayes, no nays.

Ms. Sullivan said there was a meeting on October 3, 2006 of the Safety Committee and at that meeting it was agreed to dismiss the size of vehicles allowed in the lanes because they did not see a way around how they would regulate the size of the vehicles in the lanes. She did suggest that it be mentioned in the next Mayor’s Bulletin to ask residents if they are having deliveries made to instruct the driver to deliver to the front as opposed to the rear of the residence.

Ms. Sullivan said they did meet with the Safety Chairman in Terrace Park to initiate discussions about the Terrace Park Fire Department renewal. There will be a second meeting on October 26, 2006. We are looking at ways to increase the value of the Terrace Park/Mariemont Fire Department relationship.

Mayor Policastro said he found out last week that the boiler in the building needs to be replaced. Before Council are several bids from Becker Plumbing. The Mayor recommended the 80% efficiency model as it would not make sense to put $18,000 into fixing the boiler if we are going to try to do something with the building of if we are going to build a new building. Council agreed to the 80% efficiency model so the work could be done prior to the weather turning cold.

The Mayor read the following communications:

Reminder to Council to submit their pictures for inclusion on the Village website. Ms. Sullivan said she would bring in a camera and pictures could be taken at the next Council meeting.

Resolutions:

“A Resolution Supporting the Construction of a New and Larger Jail Facility in Hamilton County” had a second reading. Mr. Ebelhar moved, seconded by Ms. Sullivan to remove Sections II and III as it gives more latitude than a general Resolution granting support. On roll call; Five ayes, one nay (Mr. Adams dissenting).

“To Request Advance from the Hamilton County Auditor for Second Half Real Property Taxes Collected for MariElders and Paramedic Service and to Declare Emergency” had a first reading. Mr. Adams moved, seconded by Mr. Ebelhar to suspend the rules to allow for the second and third readings. On roll call; six ayes, no nays. The Resolution had a second reading. Clerk Bahler suggested that we add the Permanent Improvement and General Funds to the request as well. Treasurer Borgerding said he talked with David Nurre of the Auditor’s Office and was told that we could receive payment in two weeks or two months - it was hard to say. Clerk Bahler said we might as well have the money in our account gaining interest. Mr. Adams moved, seconded by Mr. Ebelhar to add the Permanent Improvement and General Funds to the Resolution request. On roll call; six ayes, no nays. The Resolution had a third reading. Mr. Adams moved, seconded by Ms. Sullivan to adopt the Resolution. On roll call; six ayes, no nays. Ms. Schmit moved, seconded by Ms. Sullivan to invoke the emergency clause. On roll call; six ayes, no nays.

Ordinances:

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

Mrs. Schmit said under Public Works & Service what was the matter of State Issue Funding that was referred on 9-12-05. Mrs. Van Pelt said she would have to check the minutes for the history of the referral.

Treasurer Borgerding said he contacted the local banks and U. S. Bank will accept matching rates from other banks. He is still waiting to hear from PNC Bank. Mayor Policastro said he most definitely wants to do business with the merchants here in the Village.

Mayor Policastro said if anyone sees Jane McDonald to thank her for helping get the Statuary Park wall redone. Prus Construction put in a block wall several years ago that we were not happy with. They came back last week and redid the wall and now it looks great.

Mayor Policastro called the meeting to order at 7:30 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, Mrs. Schmit, Ms. Sullivan and Mr. Thomas.

Mr. Adams moved, seconded by Mr. Ebelhar that the minutes of September 11, 2006 be accepted as written. On roll call: Four ayes, (Mrs. Schmit and Mr. Thomas abstained).

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.

Mayor Policastro called the meeting to order at 7:30 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, and Ms. Sullivan.

Mr. Ebelhar moved, seconded by Ms. Sullivan to excuse the absences of Mr. Thomas and Mrs. Schmit. On roll call; four ayes, no nays.

9-11 remembered
Mayor Policastro said this evening is the 5th anniversary of the terrorist’s attacks, where many brave people died.
Bevis said 5 years ago today 2,779 people died at the World Trade Center in New York, 189 at the Pentagon in Washington D.C., and 40 in Shanksville, Pa.

Bevis asked for a moment of silence for all the victims of the 9/11 tragedy.

A raise in sales tax
It is Hamilton County Commissioner Phil Heimlich’s opinion that a new sales tax is imperative to reducing crime on the streets. The money will be used to improve the jail accommodations.

“It is a $225 million project and I do not feel it is fair to ask police officers to do their jobs by arresting people who are committing the crimes and acts of violence, and then releasing these same individuals the next day ... it is not a situation we can tolerate,” Heimlich said, who presented village council with handouts about the Campaign for a Safer Hamilton County, which is being chaired by Heimlich, Sheriff Simon Leis, Jr., Prosecutor Joseph T. Deters, and Carl H. Linder, Jr.

This campaign addresses the issue of the need for a new jail in Hamilton County. He thinks everyone recognizes that this business of arresting people one day and letting them out the next simply cannot continue.

Over the course of 20 years, approximately 70,000 criminals have been released early from jail short of serving their time. When talking with judges, they all say they have to give out a shorter sentence because they know there is never enough space.

“If you go back to when the jail was built, it was told to County Commissioners that the jail was too small. In 1991 a place called Queensgate was rented for what was to be three years at $2 million dollars per year,” Heimlich said. “ The new jail was never built and so far the County has spent over $25 million dollars in rent for a run down building.”

Last year the county hired one of the top corrections planning firms to look into a new solution. After a 5 month study, they determined that we need a new jail and we have to get rid of the older facilities. The consultant recommended building the new jail within 5 minutes of the Justice Center. According to the consultant, that should give county enough room until 2020.

“We want to build the new facility in a way so that it can be expanded. The big question is how we are going to pay for it,” Heimlich said.

The plan is to put a $.25 sales tax on the ballot. He believes a sales tax would be better than a property tax.
“We have control over the sales tax as opposed to property taxes. Forty-five percent of sales tax comes from outside of Hamilton County, therefore those who come to the professional games etc., are essentially helping to pay for the new jail,” he said. The tax will go for 10 years at the most. If it is paid off before 10 years, the tax will go away.

There is a possibility that we will receive $15 million to $25 million from the state, but commissioners are not including that in their figures.

As soon as the jail is paid off, the sales tax will go away. Even with the new tax, taxes will not go up over the rate of inflation.

Most of the County leaders and law officials are supportive and have endorsed this levy. The issue should not be how much it will cost to build the new jail, but how much will it cost if we do not. He asked the mayor and members of council to show their support by passing a resolution.

Adams moved, seconded by Ms. Sullivan that the minutes of August 28, 2006 be accepted as written. On roll call; four ayes, no nays.

The following communications were read:

Please park on the correct side of the road
Bevis said he has observed that people are parking on the wrong side of the road. To him this appears to be a safety issue as when people pull out, they will be crossing a lane of travel.

There is an ordinance in place prohibiting this type of parking. Chief Rick Hines said he has been working in the village for 19 years and people were parking that way when he came here.

“We are looking at something that people have been accustomed to doing for 40-plus years. The majority of the people who park in the Historic District park the opposite way,” Hines said.

Bevis asked if council should take a look at the ordinance. Hines said that was up to council, but as far as enforcement, it is something the department has not enforced for years.

Mayor Policastro said it is hard to park in the Historic area. Clerk Stan Bahler said the harder it is to park, the more dangerous it is to park on the wrong side of the street. Hines said if council decides to make changes, it will be a major job educating the residents. Bevis disagreed saying it would take one warning ticket - people are a little smarter than that.

Sullivan disagreed saying finding a good parking spot in the Historic District is like winning the lottery. “It will be a grave inconvenience to residents ... and a waste of time for the police department,” she said.

It was suggested to make a friendly reminder in the Mayor’s Bulletin. Clerk Stan Bahler said if the village is going to remind them and then not enforce it, what’s the point? “If we are not going to enforce the ordinance, then remove it from the books. We can’t selectively enforce some ordinances and not enforce others,” he said.

Resurfacing issues at Park Lane
Residents of Park Lane made a request to have Park Lane resurfaced. Mayor Policastro said he has been looking into this with Ebelhar and it seems Metropolitan Sewer District only wants to resurface 75 percent of the “U” area on Park Lane.

He is meeting with MSD and it is Mayor Policastro’s opinion that once you get over 50 percent and you have a unit like that, you should do the whole thing.

He has asked the Engineer to give him an estimate of what it will cost. If they do not agree to finish it, council should look into finishing it themselves, especially after what those people have been through, and perhaps compromising with MSD.

Public forumDuring public forum, village residents are given the opportunity to voice their opinions and concerns, ask questions from council, make suggestions and share any other thoughts concerning village decisions, projects and expenditures.

Ms. Denise McCarthy, 6722 Chestnut Street, presented Mayor Policastro with a petition list of 103 names against the selling of the green space at Chestnut and Plainville. She plans on having an additional 75-80 names by tomorrow. Mayor Policastro said we are going to do this the democratic way. The Mayor’s Bulletin will come out with a “tear off’. It will explain everything - the benefits etc. It will be up to the people. After the people have spoken, he will either turn it over to Council, or if they don’t want it - it will just die. Whatever money comes from the sale of the piece of property will go directly back into the Parks Fund, especially for bathrooms and the tee ball park. He said all the facts are not out, and people need to have all the facts in order to make a decision.

Ms. Mary Alice Maze, 6734 Chestnut Street, said she has been a resident for almost 19 years and she just found out about this proposal last week. She usually reads the Council minutes and she was real surprised that was the first mention of something going on. She has heard that talks have been going on since May. She finds it very disconcerting that this is more of a behind the scenes proposal. Nothing has been mentioned in the Eastern Hills Journal or the Town Crier which are the two large mass medias for the Village. She believes if this is going to be a true democratic process, it should be put on the ballot for the November elections. Mayor Policastro said there have been no talks, no behind the scenes activity. He does not know where everyone is getting this information. Frank Raeon, a City Planner, approached the Mayor with this plan. The Mayor wrote a letter to the Emery Memorial about selling the property. They gave their permission but, said it had to be okay with the people. Ms. Maze said one member of the Parks Advisory Group told her that it had been in discussion since May. Mayor Policastro said that is when Mr. Raeon made the suggestion and the letter was sent to the Emery Memorial. It has taken them this long to respond. He told the Parks Advisory Board that this was suggested by Mr. Raeon. He is going to do a survey similar to that of Resthaven Barn. In his bulletin also, he is going to mention the possible sale of property behind the library and the sale of the Steam Plant. He wants the residents to be aware of potential income streams coming into the Village. One of the promises he made when he ran for Mayor was to find ways to finance the Village by bringing in new business for payroll taxes, because a future operational levy is the last thing he would want to do.

Ms. McCarthy said she is not against new businesses coming into the Village. She believes we need more businesses. However, she feels there are more appropriate places in the Village than in between two schools. Mayor Policastro said all we are doing right now is looking into a suggestion.

CouncilmanEbelhar said the first he heard about this proposal was at the last Council meeting. He said it has not been in front of Council for a long period of time. Mayor Policastro said it will not be referred to a Committee of Council until he hears from the people.

Solicitor McTigue said the very first step in the process in selling a piece of property is for Council to first make a determination that the Village no longer has a use for the property. If Council makes that determination, then there is a whole process that we need to go through. He certainly believes that the Village residents will have an opportunity to let their feelings be known.

Mr. John Swisher, 6624 Wooster Pike, said in the Historic District we do not have the luxury of having streets wide enough to accommodate a lot of vehicle turnaround. A lot of streets are not marked that there is no parking on one side. There are times when he can not get his trucks through without having to make a lot of extra turns. Forcing people to park in one direction will force them to find places to turn around which can be a real challenge. He respectfully asked that the issue not be pushed.

Ms. Karen Koetzel, 3865 Beech Street, said the lanes in the Historic District were built in the 1920’s and are not built for the size trucks Rumpke feels they have to use now that they are down to pick up once a week. There has been a lot of property damage on Lane A. Large truck drivers run into fences, hedges etc. She suggested the Safety Committee look into posting signs limiting the size of through trucks. Mayor Policastro referred the matter to the Safety Committee.

Ms. Maze said she has witnessed Rumpke dumping the recycling in the trash truck. People take the time to separate the recycling and it can be very frustrating to see it tossed in with the garbage. Mr. Ebelhar said they have a huge recycling center where the recycling is sorted out from the garbage. They may have to send one truck for whatever reason, but it gets sorted out on their end.

Mr. Nowlin asked when the curb will be replaced on the western end of Wooster Pike. Mayor Policastro said that is obvious damage and he has been told that it will be replaced.

Mayor Policastro called the meeting to order at 7:35 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, Mrs. Schmit, Ms. Sullivan and Mr. Thomas.

Over budget?
Councilman Adams asked about the paramedic budget and was informed the annual budget is $300,000 for paramedics but if that pace continues there will be an over expenditure of $57,000 in salaries.

Adams said the budget for salaries is $273,000 and right now the Fire Department is on track to overspend $57,000 and he wanted to know what the department was going to do to try to stay within budget. Clerk Stan Bahler said part of the issue is that all paramedic salaries go through the paramedic budget now.

“That was not how it was initially planned. We had calculated the additional amount and put it in that budget, but when we set it up, we charged it all to the paramedics, so the actual fire budget is under budget,” Bahler said.

Update on possible bike trail?
Councilman Rex Bevis said he has had several people approach him regarding the bike path.
“One area we might want to look at in the future for a possible bike path is the extension to the existing path behind Krogers and the school property,” he said. Mayor Policastro said the problem he has with it is OKI wanted $150,000. Councilwoman Schmit said we did not say no to the bike path, just give us some other options that are not as expensive. Councilman Thomas said it might be worthwhile to have an informal meeting with those individuals who have contacted Bevis to go over a little bit with them.

Street repairs
Engineer Ertel said he got the proposal for the additional work for the street repair work. The work would include two curb ramps, one at Pleasant and Wooster and the other at Pocahontas and Wooster. The additional work is $9,000, which will include paving the cut through that the emergency vehicles use. The project was $14,000 under budget when bids came in so this will still keep us in budget.

Bevis asked how these additions came about. Police Chief Rick Hines said he asked for the paving of the cut through. When it snows, it is impossible for the Maintenance Department to clear the area. It will make it a lot easier for both the fire and police departments to respond from the station if the area was paved.

Schmit asked why those two places were selected for the ramps.Engineer Ertel said it came from resident input. Mayor Policastro said there are a lot of mothers who want to cross Wooster to go to the Tot Lot and they have to run and try to lift the buggy up over the curb on Wooster. It is also difficult for kids on bikes.

Bevis said the thing that bothers him is the process. The Committee worked together to identify all the projects and now all of a sudden things come out of the woodwork and we add to the work order. Mayor Policastro said the bids came in low and we had several important safety projects that we missed. He thinks it is important that we try to get these done.

Bevis said it is like the squeaky wheel gets oiled. Mayor Policastro said he believes these are good projects and not a case of the squeaky wheel getting oiled. Thomas said he believes Mr. Bevis’s point is that there are several places along Wooster Pike to get to Pleasant Street where you can cross safely.

Ebelhar said the Committee spent a lot of time setting the priorities according to the budget. Mayor Policastro said the Committee did a good job and we got a great price. Schmit said the Committee got a similar request for residents along Murray Avenue and Grove to put in ramps. At the time we said it was too expensive. Mayor Policastro said we are still under budget if Council wants to add it, the Engineer can get a price to have that work done as well. The work is scheduled to be done, but if Council wants to wait another year, it’s fine with him.

Adams moved, second by Ms. Sullivan to proceed with the expenditure that the Engineer has outlined for the curb cuts and the cut through to improve safety crossing Wooster Pike.

On roll call; six ayes, no nays.

Open Forum
During open forum, villagers present at the meeting may ask council questions, or intimate to council any problems or issues they have with any projects or decisions, or they may just voice an opinion.

Ms. Julie Curran, 3809 Simpson, Village of Fairfax, asked for an update on the West Street situation, as she missed the last meeting and the minutes had not yet been posted. She would like to know what new plans might take place as school is starting next week and she wants to know what the Village is doing to make sure her kids are safe.

Ms. Karen Hollyday, 6607 Mariemont Avenue, restated her appreciation for Council trying to work on the West Street issue to find a safe solution. She is still concerned about the pick up situation. The Mayor said that is in the plan.

Ms. Laura Dolle, 6927 Mt. Vernon, said her concern is lunch time. If she wants to pick her kids up for lunch, can she stop on West Street to get her kids?

Ms. Jenny Ferguson, 2 Emery Lane, said she was inspired by the spirit of collaboration between the School Board and the Village Council by trying to accommodate everybody’s needs - the children’s, retail merchants etc. She finds it refreshing to see this approach being taken. She would encourage the School Board and Council to continue to work together with this spirit in mind.

Mr. Ken White, 3829 Settle Road, is a member of the School Board and he too said he appreciates the cooperation between the Board and Council. The School Board wants to formalize a joint letter or statement. He asked that a yellow center line be placed down the middle of the street. He thinks it will help identify that you can not cross the line. He also wanted to make sure that the intent is to have a right turn only from West Street onto Wooster Pike. Mayor Policastro said yes because if it was not, it would clog the traffic.

Ms. Curran said there are several families that are not Mariemont residents and how are they going to be notified. Discussion ensued regarding notification to all parents of the change. Mr. White said the School Board plans to electronically notify everyone along with paper notification. Mayor Policastro asked if the Eastern Hills Journal could print an article. He also said he will put it on the front page of his Mayor’s Bulletin which will go out this week. It will also be placed on the Village website.

Ebelhar recapped the issues at West Street and he said until the School Board finalizes its plan, the construction will not begin until June 2007. In the interest of trying to create a safe environment and still accommodate some of the parental concerns, after the Ordinance is passed tonight, there will be no parking on West Street at all. It will be two way traffic at all times of day. There will be a special safe zone that will be approximately 60’ long where parents can discharge their passengers on the school side of the street. We will have police and other individuals who will strictly enforce that parents do not discharge students into the street. Buses will continue to load and unload in the parking lot. Individuals will not be permitted to stand or park their car and escort their children to the school. They will only be able to drop off the child within the 60’ foot radius. The process is known as ‘Stop, Drop, Go’. There will be a ½ hour window in the morning and the afternoon for the discharge of students in the safe zone only. For parents who need to sign their children out for whatever reason, will have to park in the lot and physically enter the school to retrieve their student. The point is to use the street for traffic, not for parking and idle chatter.

Village insured
Mr. Ebelhar moved, seconded by Ms. Sullivan to accept the recommendation of the Finance Committee to re-new the Village Liability Insurance. The Finance Committee met on Thursday August 10, 2006 to discuss the renewal of the village’s liability insurance, which includes “Comprehensive General Liability”, “Real and Personal Property”, “Business and Vehicle coverage.”

Upon review, the Committee recommended the renewal of coverage through “The Ohio Plan” prepared through the Hylant Group with an annual cost of $39,581. The Committee requested that the appropriate ordinance be created with the emergency clause due to expiration of coverage dated 8-25-06. Ebelhar said this is the same company we have used for the past 7-8 years.

“We could have done a three year contract, but we have had good luck with a competitor that wants the Village’s business. This is less than what we paid last year, even though we have added some equipment. We feel good with the service we have gotten with them in the past and the Department Heads have done a good job making sure we have been safe and taking the risks out of the daily work load,” he said.

On roll call; six ayes, no nays.

Village receiving consultation
Council accepted the recommendation of the Finance Committee to discuss the Mayor’s recommendation to hire a consultant to assist in evaluation of the Village compensation program.

nvestment in this human resource study will provide professional benchmarks with similar municipalities for continued fiscal integrity and planning.

Upon review, the Committee recommends hiring Educational Services Institute Inc. for this analysis. Fees for this study shall not exceed $10,000. Ebelhar said the Finance Committee continues to struggle to see how we compare with the best of the best service.

Dr. Ann Grooms, a Village resident, has a Educational Service Company that will compliment the human resource manual to really look at job duties, job descriptions and what is a fair compensation. It will compare Mariemont to other municipalities our size. It will help council create a benchmark of where it is in relation to the rest of the state and country.

“We are looking at beefing up our human resource capability by getting some professional assistance. This will put us in good shape in moving us toward trying to look at our total financial picture by looking at our salary grades and wages,” Ebelhar said.

Adams asked what Grooms will do exactly. Ebelhar said she has a self study where the employees will fill out what they do. After that has been processed, Grooms will weigh that to standards. She will also help write job descriptions, look at salary wages for those comparables and give the village an analysis and suggestions for pay bands.
On roll call; six ayes, no nays.

Mayor Dan Policastro called the meeting to order at 7:30 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Adams, Mr. Bevis, Mr. Ebelhar, Mrs. Schmit, Ms. Sullivan and Mr. Thomas.

Mr. Bevis said he would like to address the meeting of June 26, 2006. On Friday June 23, 2006 the Solicitor sent out an ordinance on West Street which was erroneously marked as an emergency. Solicitor McTigue has subsequently told everyone the same.

Later Friday afternoon, he received an e-mail from Adams asking what the emergency was about. Bevis said he informed Adams that the ordinance would only have a first reading and that Bevis would not be voting for it as an emergency. Ebelhar also said that the emergency clause was simply an error and the ordinance would only have a first reading.

There was no doubt that this was not to have been an emergency. The reason he brought it up was because it changed the whole entire tenor of that meeting. On Monday June 26, 2006, Adams sent out the following e-mail: ‘It has been listed as an emergency Ordinance, as you can see in the attached copy that Joanee originally sent. However, they are now trying to not make it an emergency because they don’t have the votes to get it passed with Bill Ebelhar being out of town. As it stands now, if Bill were in town, the vote would be 3 to 3, with the Mayor then casting the tie- breaking vote. And, he is firmly in favor of it moving forward. Melissa, Kim and I do not want this to go forward until the School Board gets back to us with their plan, and we will try to get it stopped tonight. It’s always good to have community representation at these meetings, especially when we have such a volatile issue like this. Thank you for your support’.

It suffices to say that one resident came to that meeting and referred to Council as being sneaky. Adams knows Bevis did not intend it to be an emergency as he knows neither did Ebelhar. Bevis believes Adams deceived the public. He believes the meeting of June 26, 2006, was flawed because of some misrepresentation.

Sullivan said she did not think it was misrepresentation because there were some valid questions. She does not think they were trying to skew the meeting one way or another. She had valid questions about how things fell into place and simply wanted more information. Mayor Policastro said it was an honest mistake by the Solicitor. Ebelhar did not call for an emergency. The only thing Bevis was addressing was the emergency clause.

Sullivan moved seconded by Ebelhar to accept the minutes as written for June 26, 2006, Budget Hearing June 26, 2006 and July 10, 2006. On roll call; five ayes, Ebelhar abstained due to his absence from the meeting.

School Board gives thanks
Mayor Policastro asked that the e-mail be read from Mariemont School Board President Rick Koehler into the permanent minutes:

‘Dear Mr. Mayor: As I will be out of town next week, I wanted to express to you and the Council Members, the thinking of the Mariemont School Board relative to the West Street reconfigurations being anticipated at this time. To begin, I would like to say what a pleasure it has been to work with Bill Ebelhar on this project. The invited dialogue between Mariemont Village Council (MVC) and the Mariemont Board of Education (MBOE) has been terrific. Indeed, this project has opened our eyes to a better solution for our parents and the children of our school district. At the June MBOE meeting, we authorized Gerry Harris to have Ron Roberts Engineering proceed with the drawings necessary to execute a drop-off area on school property. We envision these drawings being completed this fall. Late this year, or early next year, we will put those drawings out for bid. Our intention is to award the contract so that work can begin on this endeavor the day after school is out, next summer. When the kids return in the fall, the work will be completed and ready to be used by the parents. If MVC is going to eliminate the parking on West Street, prior to us having our work completed, we would ask that you consider allowing drop-off at certain times of the day, for parents and their children. This would alleviate the need for parents to park their cars in the lot and then walk their children to the school from there. Next year, when our work is completed, this will not be an issue. I am certain that Dr. Harris and Steve Brokamp (the new Mariemont Elementary Principal) would be happy to work with the Village, to establish what times of the day this plan would need to properly function. Thank you in advance for your consideration. Sincerely, Rick Koehler, President MBOE.’

Open Forum
During Open Forum, members of the audience may address council regarding concerns, questions, or just to make a statement. Here were the comments issued by those who requested to speak to council.

Ms. Karen Hollyday, 6607 Mariemont Avenue, said she is concerned that if we go ahead and make West Street no parking for one year until the new drop off is completed that it will become a more hazardous situation for the children for this year. It is a nightmare as it is for parents and a safety issue for parents. She suggested having a limited time drop of for the next year.

Ms. Jamie Keyes, 6825 Hammerstone Way, said she appreciates our police. She thinks our police department goes beyond the call of duty for a Village our size. She would encourage the police to do occasional surprise visits on West Street during school drop off. Rather than continue their niceness, perhaps the police need to start issuing some citations, we will not have people parking along West Street. Mayor Policastro said once we get this on paper, he is going to ask the Police Chief to have an officer there for at least the first 30 days of school to make sure the chaos and problems are ironed out. She thinks it will take more than 30 days. Mayor Policastro said he will leave that up to the Police Chief.

Ms. Marie Huenefeld, 7 Denny Place, thanked Council for working the Mariemont Board of Education. These problems are not easily solved and she appreciates that Council will continue to work cooperatively with the Board of Education.

Ms. Geneva Jokich, 6620 Wooster Pike, asked Council for a handicap parking spot in the back of her house to park. Mayor Policastro referred the matter to the Safety Committee.

Ms. Jenny Ferguson, 2 Emery Lane, thanked Council and the School Board for working hand in hand and trying to work together to resolve a prickly situation. The whole point of the matter is safety and serving the need of all community members - residents, students and businesses. She thinks it is wonderful to see everyone working together to serve everyone’s needs.

Ms. Ferguson said the City of Montgomery has been experiencing a surge of residential teardowns and new residences being built. The City recently passed an Ordinance to prevent new construction from towering over existing construction. She was curious if the Village had a similar Ordinance that would protect our older homes from being dwarfed by new homes. Mr. Ebelhar said the Village has in place standards and guidelines, which in not an Ordinance, but recommendations for building. It was put into place several years ago. The Solicitor said the Standards and Guideline have some teeth, but not as much as it would if there was an Ordinance in place. He suggested the Mayor refer it to a Committee if Council wishes to address the issue further. Mrs. Bartlett said time if of the essence because she believes another new home is to be constructed on Center Street. The Mayor referred the matter to the Planning and Zoning Committee.

Ms. Ferguson said another matter of concern to her is non-members using the tennis courts. Because we are limited on funding and personnel to monitor the area, she was curious if it would be a possibility to incorporate the tennis courts into the Parks system, which could be utilized by all residents for a nominal fee. It might bring in more money than what is currently being paid. Mr. Bevis said it would be best to bring it up at the next Recreation Board Meeting. He said we have people come to Council meetings periodically who complain about the waste collection fee, so he would be hesitant to impose a fee on every family when so few participate. Mayor Policastro said he also would have a problem with that because a lot of people would be upset. Ms. Ferguson said it could be made a general fee to support all of our parks. It is important to remember that having the tennis courts in our community available to those who want to play, is a property value.

On top of Rowan Hill
Mr. Bevis said the work has commenced on the residents and Mercy St. Theresa on Rowan Hill. All the plantings have been removed. He wanted to know if there was a landscaping plan. Mayor Policastro said he has the plan, but he does not think a whole lot will be done until September. The Mayor has trees at the tree farm that will be planted in the Village right-of-way. Mr. Bevis said in the old agreement, Mercy St. Theresa was required to put up a fence at the top of the hill. The concern is the automobiles that are parked in the lot and the headlights shine directly into the residences on Rowan Hill. Mayor Policastro said he would rather see a softer type barrier than a privacy fence.

Fire coverage discussed
Mr. Bevis said the Village of Terrace Park, as part of a 2.1 million tax funding, is building a new fire department building as well as adding a new fire truck. Yet, we continue to provide daytime fire coverage for them for $10,000. He suggested we renegotiate the contract at the end of the year. We have a $600,000 Fire Department and they are paying $10,000 a year for primary support during the day.

Resolutions
Resolutions receive three readings, so as to give the public a more thorough chance to learning what changes could be made.

“A Resolution to Transfer Funds from the General Fund to the Paramedic Fund” had a first reading.

“A Resolution to Advance Funds from the Permanent Improvement Fund to the General Fund” had a first reading.

“To Amend Section 79.01, Schedule II and Schedule III of the Mariemont Code of Ordinances Regarding Parking on West Street; To Repeal Ordinance No. O-12-00; and To Declare Emergency: had a second reading. Mr. Ebelhar moved, seconded by Mr. Adams to remove the emergency clause and to remove Section V. On roll call; six ayes, no nays. Mr. Ebelhar said we are primarily working off the plans by Roberts Engineering that were presented at the Committee of the Whole meeting. As indicated in the e-mail from Mr. Koehler, the School Board has approved the go ahead for the drop off area. In looking at the turn off lane that we talked about participating in, it makes sense from the standpoint of the Engineer that he work off their elevation and wait for Mr. Roberts drawings to be completed. We would then have a better document to assist us. As the School Board has indicated, everyone knows how dangerous it is presently and with construction slated for June 2007, the idea was what kind of intern plan we want to have in place to move cars and discharge kids safely. The original Ordinance calls for no stopping, standing or parking. To discharge someone in a drop off zone would require stopping, so we would have to eliminate that term. It seems to him we would need to eliminate standing and parking at all times in the area. There were some preliminary ideas about where the drop off area would be. West Street would have a designated drop off area which would be a safe zone. The parents could come in, drop off their students and keep going. This would allow for continuous traffic flow with the children being discharged on the school side of the building. It would eliminate people stopping and parking.

Mr. Adams said he commended Mr. Ebelhar for working with the School Board to come to that resolution. He believes it truly answers several different issues. One being working with the School Board and it also addresses the safety issue. He feels this is a good resolution.

Ms. Sullivan asked how afternoon pick up would be handled. Mr. Ebelhar said cars control discharge of the students and in the afternoon when students leave, they may stop at their lockers, talk to friends. He thinks it would be best to have the parents meet their children at a designated location. Ms. Sullivan said her concern is communication and we need to be very proactive. As soon as a decision is made, the more communication we have with everyone the better.

Mayor Policastro said another thing that is very important is the right turn onto Wooster Pike. Once we get the plas from the school, we will have our Engineer review the plans. It would be great thing to happen so people can get out even faster with the right turn lane.

Mrs. Schmit asked if this procedure is successful, can it be considered for the future. Mr. Ebelhar agreed that it would be a nice testing phase, but he would be concerned about the impact on the additional parking lot and how that would play out.

Mr. Ebelhar moved, seconded by Mr. Bevis to amend the Ordinance to read ‘there shall be no parking at all times on both sides of West Street between Wooster Pike and Madisonville Road with the exception of the designated drop off area which shall only be utilized for the imminent discharge of passengers for school purposes at that location’. On roll call; six ayes, no nays.

“To Accept Bid of Barrett Paving Materials Inc. for the 2006 Street Rehabilitation Project; To Authorize Contract and To Declare Emergency” had a first reading. Ms. Sullivan moved, seconded by Mrs. Schmit to suspend the rules to allow for the second and third readings. On roll call; six ayes, no nays. The Ordinance had a second reading. Mr. Bahler said in Section III needed to be amended to read ‘the Permanent Improvement Fund and the Street Restoration Fund and to charge Account No. 403.703.52409 $50,000 with the balance to Account No. 201.701.52409’. Mrs. Schmit moved, seconded by Mr. Bevis to amend the Ordinance. On roll call; six ayes, no nays. The Ordinance had a third reading. Mr. Thomas moved, seconded by Mrs. Schmit to adopt the Ordinance. On roll call; six ayes, no nays. Mr. Ebelhar moved, seconded by Mr. Thomas to invoke the emergency clause. On roll call; six ayes, no nays. Ordinance No. O-6-06 was adopted.

Mayor Policastro called the meeting to order at 7:35 p.m. with the Pledge of Allegiance to the flag. The following Council members answered present to roll call: Mr. Ebelhar, Ms. Schmit and Ms. Sullivan.

Mayor Policastro said four Council members need to be present to hold a meeting. Since there were only three members, the meeting was adjourned at 7:36 p.m.

Per the details recorded by village council: “Mr. Ebelhar moved, seconded by Ms. Sullivan to accept the recommendation of the Committee of the Whole. The Committee met on Tuesday, March 21, 2006 to discuss revisions of traffic patterns in and around West Street to increase the safety of children and pedestrians in this congested area. With the addition of a new parking lot behind the Strand accessed off the southern end of West Street near Wooster Pike, the Village enlisted the services of a traffic consultant, Mr. John Niehaus, to investigate and recommend optimal safety configurations. Mr. Niehaus was asked and did meet with representatives of those most impacted by this congested area: Mariemont School Board, Spinnenweber Builders, Village of Mariemont Council, Village Engineer, Police Chief and Fire Chief and residents who provided input during two Committee of the Whole meetings held previously.

“The motion passed 4-2. The Committee requested the appropriate ordinance be prepared. In collaboration with the recommendation of the Mariemont School Board’s planned improvements, this motion and subsequent ordinance does not exclude the potential of a “bus loading only” to be established near the southern end of West Street near Wooster once definite plans for the designed recess are finalized.

“But not everyone is convinced the changes will make a difference. Robin Teeters said from the meeting she does not believe there has been a compelling reason given to make these changes. The space has been rented and is not open in the morning when the area is congested. There have been no injuries under the current system. No child has been hurt and there have been no auto accidents. There is a little bit longer response time for emergency equipment, but there have been no adverse consequences to that.

“Teeters added that someone twisted their ankle and had to wait a few extra minutes, but she does not think that is a big problem. She said there has also been an inadequate study of the alternatives. “When questions were asked, they could not tell us how many spaces would be available if we change this plan,” she said. She does not believe enough alternatives were considered.

“The school has said they would conduct their own study and they have not been given enough time to complete that.

“Barb Policastro, 6610 Pleasant Street, said all the experts agree that this is a good thing. She said one day somebody is going to make that turn onto West Street without realizing it. She believes it would be much safer for the children to park in a parking lot with the parents helping them out than to be running out in the street. From the last meeting, her impression was that people could not find parking and they wanted to be able to park and watch their child go into the building. By parking in the parking lot, and walking your child to the school entrance, the parents would not have to worry about the child getting out into traffic or causing an accident. The experts agree this is a safety issue and she thinks there has to be something to this if it comes from an outside source.

“Mr. Paul Hoffer, 3861 Settle Road, said he has three small children and he does not understand how walking in a parking lot would be safer than pulling to the side of the curb and letting them out on the sidewalk. Vehicles are larger now and when you are backing up, a child is below that view point, and with people pulling in and out, he does not see how that is safer. There are not enough parking spaces in the lot and he does not see how the traffic flow is going to improve if people are parking and then trying to get out and walking with their children. He believes it will congest the area more. He questions the recommendation of Mr. Niehaus of how it would be safer to have West Street a two way street. He asked if the study was during the drop off and pick up of children.

“Mr. Rick Koehler, Mariemont School Board of Education, said the school has hired its own consultant. They have only presented the school with a preliminary solution, which the Board likes. It is a two-lane pull-off entirely on school property. The pull-off starts just beyond the parking lot entrance and runs all the way parallel inside the curbside lot and dumps out right before Wooster Pike. One of the primary questions that we do not have an answer for is how much this will cost to execute. This is something that would probably be put into next year’s budget. The timing is more of an issue than the concept. This has been going on a lot longer than he realized, he was only been brought into it in the last couple of months.

“Mayor Policastro said he wants to work with the School Board to make the area safer for our children.

“Amy Getgy, 6936 Miami Bluff, asked why the school is paying for this if it is a public issue. It seems to her the initial reason it was brought up by a private sector. The Mayor said we know we have a safety issue. Quite a few residents have complained along with concerns from both the fire and police chiefs. There have been several times when we could not get an emergency vehicle through there. That is enough warning for him as Mayor to put this into Committee. As an Insurance Claims Manager who handles insurance claims, he sees about twice a year where kids get hit in school zones, and sometimes killed in this county. If he does not take action and look into thoroughly, the liability will fall back onto the Village.

“Dina Wilder, 6716 Hammerstone, said what bothers her is that we are increasing traffic right next to the school instead of decreasing traffic. There have been no other options presented that would provide more safety as well as providing us with another option.

“Mayor Policastro said he has been to every traffic school in the country for insurance claims, and he believes we would be decreasing traffic. When you have 20 stopped vehicles on a street, you have a greater potential to have an accident involving pedestrians. He believes we need to take kids off the street and put them into a safer drop off area and let the street traffic flow.

“Julie Curran said we are shifting the problem from Wooster Pike to Madisonville Road. People are going to have to turn from both directions onto West Street to try to turn into the parking lot to drop off their kids. A backup will start to occur on Madisonville Road and she thinks this will add to the congestion of the traffic flow.

“Ms. Jenny Ferguson, 2 Emery Lane, said she can see both sides. She sees potential safety problems and of course being proactive before someone gets hurt is a valuable idea. She is concerned with the way it has been handled. Frequently in this Village, things are discussed, but not in an open manner. Therefore, people are rallying at the 11th hour to say this is not a good idea. She would like to see things transpire so that it is a win-win for all parties involved. Our school children, the School Board, and our Village Representatives should all have an equally successful outcome in this situation. Maybe Mr. Spinnenweber suggested that he would like more parking. She does not blame him. He has made the Village a better place for us to live. He is entitled to a return on his investments. But, to couch it as a safety issue, when the request came from Mr. Spinnenweber, she would rather see it presented as a concern that we can all benefit from. She would like to see everyone work together in good faith with the School Board as opposed to voting right now to change something. Why not work together, even if it requires more time to obtain proper funding to complete the project. Let’s look at the results of the study and try to work it together. We can enforce the laws on that street - have an officer out there ticketing. There are mothers who abuse the privilege every single day. Try using the system that is in place right now and see if we can make it better.

“Ms. Nan Dill, 3701 Center Street, said questions asked to Mr. Niehaus were how many cars drop off, how many parking spaces are there, and he was unable to answer basic questions. In her opinion it becomes a credibility problem. She does not feel this has been well thought out. We do not know if there are enough spaces to fit the people, cars and buses in. From that standpoint it seems premature. As taxpayers, we have now paid for two consultants to study this. In 8 days no one will be dropping off or picking up children for several months. It seems to her we have time to let the study be completed, regroup as a community and find out what is best for everyone, on both a safety and financial standpoint.

“Ms. Karen Hollyday, 6607 Mariemont Avenue, said she is concerned that the options presented do not offer safer solutions. She uses the parking lot and said it is pretty much full now. It is not a realistic solution to the problem. She asked before Council votes, she begged them to take a moment and let all the studies be completed. If this is really for the safety of the children, then do what is safe for the children - and that is not the parking lot.

“Mayor Policastro asked if a pull off area for buses was in the plan being considered by the School. Mr. Koehler said the buses would still drop off on West Street. A short term win-win solution would be to allow parents to still drop their children off at the curb heading south on West Street.

“Mr. David Wilder, 6716 Hammerstone, said the idea of a drop off in the parking lot does not seem to be an ideal scenario to him. Accidents happen in parking lots. Mayor Policastro said fender benders happen in parking lots, deaths occur in the streets.

“Ms. Anita Hunt, 6813 Hammerstone, said it seems to her that this is a mute subject because the information going into the study has not been provided. She does not understand why we are considering it when the person who did the study did not even know the number of cars in the parking lot.

“Mr. Patrick Dolle, 6927 Mt. Vernon, thanked Council for their concern for safety and thanked Mr. Kohler for showing up. It helped him recognize the need for the School Board and the Village to work together. It seems to him there is not a regular discussion about safety between the School Board and Council. There seems to be a genuine lack of communication between all parties. The fact that we have an elementary school in town that has been there for almost 80 years and has no private drop off definitely needs to be addressed. But he does not think we are taking the necessary time to adequately address it in terms of a long term solution.

“Mr. Koehler said the School Board does not plan to adopt Mr. Niehaus’s plan, nor do they plan to redo their parking lot.

“Ms. Jenny Ferguson asked Council to take advantage of time that will be 8 days away. It will not be a safety issue over the summer. It was requested to table or delay the decision to allow more time to come up with a better solution that will benefit everyone.

“Mrs. Policastro said there are numerous schools that do not have access from the street, which requires the children to be dropped off in the parking lot.

“Ms. Dill said no one has addressed the issue of who will supervise the children while they walk from the parking lot to the school.

“Ms. Hollyday said there are several special occasions at the school when parking is a nightmare, such as the carnival or concerts. That is an issue that needs to be addressed.

“Ms. Julie Dixon, 3764 Indianview, said if this truly is a safety issue for children during the school year, then she does not understand why it needs to be a 24/7 issue. The perception within the community is that this is not a safety issue. It has become a safety issue because one businessman has requested something.

“Mr. Ebelhar said he was on Council six years ago when we created the current system. At the time, the traffic patterns were different, there was an apartment building, cars were getting bigger and kids were being driven more than walking. Several crossing guards quit due to fear for their safety and people were allowing their children to get out on Madisonville Road and shooting across the street into the parking lot. There was an arbitrary decision to make the street artificially one way. Since that time the Strand and the businesses in that area, including the Executive Building and our Tax Office, have all shown great growth and improvement to the point where they need more parking. There will be a new lot that will enter off of West by the bank that will be coming in shortly. We had old designs of the school pull-off that were not acted on for whatever reasons. He said Mr. Koehler has been one of the more active Board members, but not the only one who has been involved. We have had countless open meetings, nothing has ever been secret, although it is not unusual for people to arrive near the end and say why was I not told. There were three preliminary drawings that were put together by various levels of expertise. None of those seem to satisfy all of the needs, so the Village hired a traffic consultant who had numerous years of experience to look at congestion the area. He interviewed members of the School Board, Mr. Spinnenweber, Village Council, Safety Officers etc. to find out what ideas might work. And that is what he did, he took all the suggestions and input and came up with an idea. The School Board said they wanted to hire an expert, so they hired an expert. We have seen the preliminary drawings on that. Of all the input of all the ideas of all the needs of the Schools, residents, kids, he has boiled it down to three basic points: (1) We have increased traffic on the street. (2) We have one traffic engineer that says to move the kids off the street because it is very narrow, (3) Load/Off load kids in a safer environment, we have different ideas of what that may be. The consistent factor, in his opinion, that he brought forward in the Committee report was they are restricting parking on the street. We have left open all the possibilities of curb cuts and bus pull-offs etc. All of that is still on the table. The only motion is to relieve the congestion caused by parking on the street. The present parking situation is hard to enforce, unless we mark tires and he believes our police force could be better utilized elsewhere. We have to change people’s behavior to a more positive and safe sense. To him that is the best way to make it enforceable, fair and consistent - is to stop parking on the street at all and move it to the lots that are supposedly designed to accommodate them. In the past we have bagged signs in the past for unusual circumstances to allow temporary parking, but in general we want people to think of the street as a street and not as a ‘added on’ to the school or the stores. We continue to strive - all the meetings and communications have been open. His number is listed in the phone book and the Town Crier has listed his e-mail address. He encouraged concerned residents to use those avenues to contact him. He does not know why Mr. Spinnenweber actually gets blamed for this when he would not need to open this up for discussion. He could have had his curb cut, put his street in and it would be someone else’s problem, not his.

“Mrs. Schmit said she does not believe the current setting is not the safest for our children. She does believe the Village needs to move forward with the school in tandem. If we move forward with this tonight, and it may be another year before the school’s project is completed, what will happen next year? She believes we are creating an unsafe situation for our children which is completely unacceptable. She does not believe it is a good scenario to have everyone going around being angry. She would like to work with the school to find the best solution.

“Mr. Ebelhar said there are plenty of other options that the school can consider as an intermediary step. He has not seen their plan. He would love to be involved in additional conversations with them, but he is not sure that this particular item precludes that from occurring. The summer is the time to allow people to adjust and prepare for changes. It is our responsibility to set the pace and to continue to look together for the best way to continue progress.

“Mr. Adams thanked everyone for being here and believes they speak loud and clear. We have had numerous amounts of parents who have said this is not a good suggestion and only one who said it was. At the last Committee of the Whole meeting, he made a proposal to wait and work for a win-win solution, which this Council turned down. He thinks that was a mistake. He does not think there is any sense of urgency at this point of time to bring this issue to a head. Nor is there any reason for this report to go forward until we get a win-win solution with the School Board. The reason the issue is before Council is because in August 2005, Mr. Spinnenweber sent a letter to Council and the Mayor saying he could not lease the space and it was all due to the parking issue and the school congestion. That is a fact in Council records. It was not brought about by the Police Department, the School Board, the school or parents. Mr. Spinnenweber reiterated the fact in another letter sent in January 2006 that you have not addressed my issue with parking yet. Somehow someway this whole problem has been created into this safety issue. It is not a safety issue. He asked at the Committee of the Whole meeting, how many accidents have there been on West Street. Zero. It is a problem that is not going to go away having a two way street. The School Board has said they are not in favor with the plan we have in front of us. The traffic engineer supposedly gave us all correct information. He did not do a traffic count, he did not do a parking study and he does not know how many people come through there everyday - that is inadequate information. We have plenty of time this summer to get this issue resolved by working with the School Board. He made a motion to table the report until the School Board can get their study complete and we then have a joint meeting to resolve this for a win-win solution.

“Mayor Policastro said he disagreed with Mr. Adams. He asked both the Fire and Police Chiefs if they repeatedly brought this issue to his attention. The Fire Chief said he has brought it to the attention of the Mayor numerous times in the past. The Police Chief said even before he became Chief, he believed it was a dangerous situation.

“Mr. Thomas said in reading the report, it says we have already acted upon this. He asked what the purpose is today. Mr. Ebelhar said if we pass no parking then we would have to draw up the Ordinance. Mr. Thomas seconded the motion made by Mr. Adams to table the report. Ms. Sullivan said she wished we had this crowd when we had the consultant. It would have made for a more enlightening give and take discussion. She said this is a Council that does want to work with the residents and the School Board. Since we do have some options to look at, then why not take the time to look at them. Living in the Historic District, she and most of the constituents see the problem with the way the traffic is on West Street. On roll call; six ayes, two nays (Mr. Bevis and Mr. Ebelhar dissenting).”

A small spill and no one hurt
From Fire Chief Phifer: March 2006 Monthly Report. Councilmember Bill Ebelhar asked Fire Chief Jack Phifer about the details of what happened at Kellogg. According to Phifer, a Kellogg’s maintenance worker was cleaning a pipe and knocked off a valve and 100 pounds of anhydrous ammonia they use for refrigeration spilled on the floor.

“It evaporates very fast so it did not create a very large problem,” Phifer said.

New radios for MFD
The fire department has also requested funds for new radios. Clerk Stan Bahler said the department wants to increase their allotment for radios by $295. Council had already allotted $10,000 at the beginning of the year, which was actually a carry-over from last year. The agreement at that time was they could get two radios and a charger for $10,000.

“Now they can get four radios for just $295 more with this deal,” Bahler said, adding he recommends allowing the department the allotment. Adams seconded Bahler’s recommendation and council unanimously agreed to the allotment.

Feel free to swim
Council unanimously accepted the recommendation of the Health and Recreation Committee to not make any significant changes in the village’s pool situation.

The Health and Recreation Committee met March 27 to discuss whether people who attend Mariemont schools but are not village residents should be allowed Swim Pool memberships. The committee received input from many citizens and also considered the financial status of the Swim Pool. The Committee recommended no change be made to the current membership classifications.

Fun stuff going on
There will be a village-wide safety meeting from 7 p.m. to 9 p.m. May 18 in the auditorium of Mariemont Elementary

The Taste of Mariemont will be held 5 p.m. - 7 p.m. Sunday, May 21

Ballot issue slated for November
As was mentioned in the March 12 council briefs, there is an issue that everyone in the village may want to vote on, whether they like to vote or not. The issue is call the Tax Expenditure and Limitation Ballot, or TEL. The purpose is to amend the state constitution that will limit the ability of the legislature to increase state spending.

Councilman Doug Adams agreed, saying it would greatly limit the villager’s ability to do certain functions. “We need to make sure our residents are informed so they will know what they are voting for.”

Ebelhar suggested the information be included in the next Mayor’s Bulletin and that council should write a letter to the Municipal League and thank them for keeping everyone posted.

“This is a disaster waiting to happen,” he said.

Mayor Dan Policastro asked if we should write a letter to Secretary of State Ken Blackwell and Solicitor McTigue suggested everyone write to our Congressman. Ebelhar said we should send a letter to Ohio Representative Michelle Schneider and Senator Robert Schuler and copy those letters to Mr. Blackwell.

The TEL issue is complicated. The following information is taken from the Citizens of Tax Reform Web site http://www.repealthetax.com/

It is encouraged that residents research the information to get a better grasp of the issues.

From http://www.repealthetax.com/
Citizens for Tax Reform’s Tax Expenditure Limitation (TEL) Amendment limits state and local government annual spending growth to 3.5 per cent or the sum of the rate of inflation plus population growth. Any year-end unspent revenue over 10 per cent of the budget is to be refunded to taxpayers. Local governments receive a guaranteed five per cent of the previous fiscal year’s aggregate state expenditures, and unfunded mandates are forbidden. The Attorney General has approved petition language and circulation has begun. Citizens for Tax Reform will collect the necessary 322,899 signatures by the state mandated August 10 deadline to qualify for the November 8 ballot.

Q. Why does Ohio need a TEL?
A. Ohio state government spending is growing at an unsustainable rate, 71 per cent since 1994. This rate of spending growth drives jobs out of Ohio and saddles remaining taxpayers with unreasonably high burdens.

Q. How many other states have TELs?
A. Twenty-six states have either tax or spending limitations. New Jersey passed the first TEL in 1976, and Ronald Reagan helped promote Prop 13 in California in 1978.

Q. Colorado has a TEL and some say their state government has been hamstrung in their efforts to adjust to a changing economy. Won’t this cause the same problems for Ohio?
A. Colorado’s situation is different because their amendment requires approval of all tax increases (not spending increases) and was later amended to allow accelerated K-12 education spending. Ohio’s amendment only limits what is spent, not how it is raised, and contains a ‘poison pill’ that voids the spending limit if other amendments authorizing higher spending are passed.

Q. Why change the Constitution to do this?
A. Putting this in the Constitution puts an institutional wall in place against increased taxes and spending. John Hancock said, “Constitutions are not restrictions by government upon the people, constitutions are restrictions by the people upon the government.”

Q. What is notable in Citizens for Tax Reform’s latest petition language?
A. 1) This petition language allows state spending to increase 3.5 per cent or the sum of the rate of inflation plus the increase in population, whichever is higher.
2) Local governments receive a guaranteed baseline spending level of five per cent of state revenues and state government is forbidden from placing duties on local government without providing the revenue to perform them (no unfunded mandates).
3) A simple legislative majority can authorize a statewide referendum on higher spending.

Q. If this TEL was in place two years ago, how would it have changed Ohio’s budget?
A. State spending went up 11 per cent in the FY04-05 budget. If the TEL was in place the most state spending could have increased was seven per cent - a savings of nearly $2 billion in general fund dollars alone.

Relevant Economic Facts:
- According to the Federal Reserve Bank, the U.S. inflation rate was 2.2 per cent in 2003 and 3.0 per cent in 2004.
- The U.S. Census Bureau estimates Ohio’s population grew:
22,536 to 11,410,396 by July 1, 2002 from 11,387,860 on July 1, 2001 = .20 per cent
27,284 to 11,437,680 by July 1, 2003 for an increase of .24 per cent
21,331 to 11,459,011 by July 1, 2004 for an increase of .19 per cent

2006 street projects
The Public Works and Service Committee met on March 23, 2006, and in consultation with Village Engineer Chris Ertel, recommended certain street repairs for 2006.

There are some streets in the village in poor condition. For example, a lane from Bank Place to West Street will be fixed, costing the village $16,320; the problems from Rembold Avenue from Pocahontas Avenue to Petoskey Avenue will cost $9,310.

Streets in fair condition but still need maintenance include Cachepit Way from Miami Bluff Drive to Mt. Vernon Avenue; Grove Avenue from Murray Avenue to Cambridge Avenue; Mt. Vernon Avenue from Flintpoint Way to Miami Road; Pleasant Street from Mariemont Avenue to Wooster Pike; and West Street from Miami Road to Fieldhouse Way. Total cost for those streets’ will be $71,580.

Additional road projects include the Mercy St. Teresa parking lot ($12,500), Murray Avenue parking pads ($7,500) and the Gravel Walkway/Murray Avenue renovations ($6,000).

The budget for 2006 is $165,000.00. The committee strongly suggested the Mariemont Maintenance Department make patch repairs to the east end of Wooster Pike and to the west end of Wooster Pike, when the Metropolitan Sewer District work is complete.

Adams asked if this would address the Wooster Pike issue enough to make it serviceable. Village Engineer Chris Ertel said Wooster Pike will be repaved by the State of Ohio in April of next year. That is why he could not recommend the Village resurface it now.

Councilman Rex Bevis said the committee was really handicapped this year because of Wooster Pike. “It is a mess,” he said, “but Mr. Ertel has assured the committee that it will be done by the State next year.”

Councilwoman Schmit said another consideration was that Cinergy is doing a gas main replacement. They will be working on 30 to 40 percent of the village’s streets and tearing them up. An example is the work they just completed on Settle Road. It would be of no benefit to repave these streets, knowing that Cinergy would be coming in and tearing them up.

Council wants the repairs to commence as soon as possible

Upcoming events

The Village-Wide Safety Meeting will be held May 18 from 7 p.m. to 9 p.m. in the auditorium of Mariemont Elementary

Taste of Mariemont will be held from 5 p.m. to 7 p.m. Sunday, May 2.

Pat Stern, Executive Director of the Intercommunity Cable Regulatory Commission (ICRC), addressed Council and explained that the role of ICRC is to address the complaints of cable customers, help communities regulate the cost of the basic tier of cable service and the cost of equipment and installation, to attend school and community events, and to monitor legislation regarding cable service on the state and federal level.

Now they are heavily lobbying Congress and, as of last week, were successful and there has been a draft agreement for ICRC to go to national franchising. Right now, communities have the ability to enter into a contract with companies like Time Warner Cable. Federal franchising would take that ability away and take it out of the community's hands.

The ICRC filed an FCC filing on behalf of all communities so that local communities don’t lose the aspect of local franchising.

"If ICRC loses the ability to have local control, and a cable provider tears up your street putting in new lines, you might have to wait for federal assistance to repair the streets," Stern said. " In this community, trees are very important and you have provisions in your local contract for your trees. With federal franchising, you may not have that. It may be that local franchises might be grandfathered."

The contract with Time Warner expires in 2009. If ICRC sees that the national franchise has any grandfather clause, the ICRC might come to the village and advise to extend the franchise to take advantage of the grandfather clause.

Councilmember Bill Ebelhar asked if the ICRC only controls the basic tier and not other program tiers. Stern said that they can regulate basic tier and equipment costs, but cannot regulate HBO or other digital tiers. She said they can monitor Time Warner to make sure they are meeting guidelines. They audit the cable companies about every ten years.

Councilmember Rex Bevis said he had heard there might be opportunities with the cable companies to be able to pick and choose which channels you want. Stern said it is called a la carte programming and there is legislation pending that would offer that kind of programming. Bevis asked if that is something the federal franchising might bring to the village, Stern said that is a possibility but it is important to make sure local communities have some control.

One good thing about the state franchising is that it would bring competition. Bevis asked if there might be a situation then where you would have two or more providers offering service in one community and Stern said that could happen.

Bike trail update
As has been recently reported, representatives from OKI have requested that the village participate in the construction of a bike trail through the Village in order to assist in a proposed bike trail loop that would run through several eastern Hamilton County communities, more notably referred to as the “Red Bank-Fairfax-Mariemont-Columbia Trail Loop.”

If council approves the extension, the trail would utilize the area of the old CG&E right-of-way, which runs from the intersection of Murray and Settle roads on the west of the village to Wooster Pike south of the high school on the eastern side of the village.

OKI would help pay for part of the extension; the village would be responsible for approximately 30 to 40 per cent of the cost. Costs for similar bike trail projects have been approximately $500,000, which would make the village’s cost in the area of $150,000 to $200,000.

The village’s planning and zoning committee has said it would like to work with OKI to establish a bike trail system, since it would provide a wonderful addition for villagers and visitors, but they feel the trail – as proposed – would be a detriment to existing green spaces. Also, the committee does not feel the village should be as financially responsible as the present proposal indicates.

Future discussion on the subject is schedule.

Lawnscapers ordinance passed
Council accepted Lawnscapers bid of $127,970 to mow and trim selected village properties; the bid was deemed the lowest and best bid. Lawnscapers is under contract for 2006 and 2007.

The ordinance was declared an emergency (a term used when an issue in need to bypass the typical three readings council employs) because the contract is to be effective in time for the first mowing.

Fast alert, quick action
Council was curious to learn how the village police department was able to quicky apprehend a burglar last month, preventing a situation that could have escalated. Chief Rick Hines said the answer was simple: a resident called the department to inform them of some suspicious activity that was being witnessed. Based on the phone call, the police were dispatched and, sure enough, the result was the thwarting of a burglary attempt. Hines said it was a veritable example of why neighborhood watch programs are so important.

Ballot issue slated for November
There is an issue that everyone in the village may want to vote on, whether they like to vote or not. The issue is call the Tax Expenditure and Limitation Ballot, or TEL. The purpose is to amend the state constitution that will limit the ability of the legislature to increase state spending.

The issue is complicated. The following information is taken from the Citizens of Tax Reform Web site http://www.repealthetax.com/

It is encouraged that residents research the information to get a better grasp of the issues.

From http://www.repealthetax.com/
Citizens for Tax Reform’s Tax Expenditure Limitation (TEL) Amendment limits state and local government annual spending growth to 3.5 per cent or the sum of the rate of inflation plus population growth. Any year-end unspent revenue over 10 per cent of the budget is to be refunded to taxpayers. Local governments receive a guaranteed five per cent of the previous fiscal year’s aggregate state expenditures, and unfunded mandates are forbidden. The Attorney General has approved petition language and circulation has begun. Citizens for Tax Reform will collect the necessary 322,899 signatures by the state mandated August 10 deadline to qualify for the November 8 ballot.

Q. Why does Ohio need a TEL?
A. Ohio state government spending is growing at an unsustainable rate, 71 per cent since 1994. This rate of spending growth drives jobs out of Ohio and saddles remaining taxpayers with unreasonably high burdens.

Q. How many other states have TELs?
A. Twenty-six states have either tax or spending limitations. New Jersey passed the first TEL in 1976, and Ronald Reagan helped promote Prop 13 in California in 1978.

Q. Colorado has a TEL and some say their state government has been hamstrung in their efforts to adjust to a changing economy. Won’t this cause the same problems for Ohio?
A. Colorado’s situation is different because their amendment requires approval of all tax increases (not spending increases) and was later amended to allow accelerated K-12 education spending. Ohio’s amendment only limits what is spent, not how it is raised, and contains a ‘poison pill’ that voids the spending limit if other amendments authorizing higher spending are passed.

Q. Why change the Constitution to do this?
A. Putting this in the Constitution puts an institutional wall in place against increased taxes and spending. John Hancock said, “Constitutions are not restrictions by government upon the people, constitutions are restrictions by the people upon the government.”

Q. What is notable in Citizens for Tax Reform’s latest petition language?
A.1) This petition language allows state spending to increase 3.5 per cent or the sum of the rate of inflation plus the increase in population, whichever is higher.
2) Local governments receive a guaranteed baseline spending level of five per cent of state revenues and state government is forbidden from placing duties on local government without providing the revenue to perform them (no unfunded mandates).
3) A simple legislative majority can authorize a statewide referendum on higher spending.

Q. If this TEL was in place two years ago, how would it have changed Ohio’s budget?
A. State spending went up 11 per cent in the FY04-05 budget. If the TEL was in place the most state spending could have increased was seven per cent - a savings of nearly $2 billion in general fund dollars alone.

Relevant Economic Facts:
- According to the Federal Reserve Bank, the U.S. inflation rate was 2.2 per cent in 2003 and 3.0 per cent in 2004.
- The U.S. Census Bureau estimates Ohio’s population grew:
22,536 to 11,410,396 by July 1, 2002 from 11,387,860 on July 1, 2001 = .20 per cent
27,284 to 11,437,680 by July 1, 2003 for an increase of .24 per cent
21,331 to 11,459,011 by July 1, 2004 for an increase of .19 per cent

Upcoming info
There was a presentation from ICRC exectutive director Pat Stern to inform council of some possible changes from a state and national level that could have a serious impact on the future of ICRC and its coverage of local events. The Mariemontbuzz.com is presently researching more thoroughly the possible changes and will post an update quicklky.