The Council of the City of Milford met in Regular Session at 7:00 p.m. on December 21, 2004, in Council Chambers, 745 Center St., Milford, Ohio.  Mayor Bishop opened the meeting with the Pledge of Allegiance and a moment of silence.

Roll Call: Present: Mayor Bishop, Vice Mayor Gradolf, Ms. Hinners, Mr. Antell, Ms. McBeath, Mr. Reynolds.  Absent:  Mr. Kolb.  Motion by Ms. Hinners, second by Ms. McBeath to excuse Mr. Kolb.  All voted yes.

Public Hearing: Mayor Bishop opened the Public Hearing concerning the zone change requested by Cincinnati United Contractors.  Mayor Bishop introduced Jeff Wright, Assistant City Manager who gave a complete overview of the zone change and the planned development of the property.  Mr. Wright explained that 2 separate actions would be needed, (1) approve the zone change and (2) and approve the preliminary development plan.  Discussion was held among Council members on various aspects of the design.  After the discussion Mr. Michael Kubicki of Cincinnati United Contractors spoke on behalf of CUC and explained the need for the zone change and stated that the planned design included all of the requests that had been made by the Planning Commission.

At this time Mayor Bishop opened the meeting to comments from the public.  Alan Nelson, Greg Hinners and Cathy Gatch all spoke in favor of the zone change.  They all had some concerns but agreed it would be best for the City of Milford.

The following citizens spoke against the zone change: Chris Goess, Gene Binning, Andy Dickerson, and Claire Oliver.  They voiced concerns about traffic flow from Union Township, retention basins that allowed oil and gasoline that could flow into the Little Miami River, the flood plain and noise.  Mr. Robert Cerran, Attorney representing Mr. Tim Mara stated that Council did not have to respond.  If they approve the zone change they will get the development.  Mr. Cerran is against the development because of environmental issues and land use issues.  He also stated it would be disastrous to downtown Milford.  Ms. McBeath interjected that we are proud of Milford and would do what is right for our City.  Karen Huff, business owner explained the OMMA had concerns and if the rezoning was accomplished it would not guarantee a Wal-Mart.  She said Council has to listen to the different opinions and then do their best.

The applicant, Michael Kubicki gave his response stating that the development would be a quality development. 

Mayor Bishop asked for a motion to close the public comment section of the Public Hearing.  A motion by Ms. Hinners, second by Ms. McBeath to close the public comment section.  All voted yes.

A lengthy discussion was held among Council members concerning the zone change and planned development.  The proposed zone change is for 10 acres currently zoned L-I.  Cincinnati United Contractors are requesting a change to B-3 PD.  They already have 33 acres zoned B-3 PD.  Their plan is General Business with Planned Development overlay with approximately 205,000 square feet discount retail store with gas pumps and six outlots.

Council discussed whether to vote on the proposal or postpone voting to a later meeting.  A motion by Ms. McBeath, second by Ms. Hinners to draft an ordinance to approve the zone change for the 10 acres from L-1 to B-3 PD that was recommended by the Planning Commission.  Voting yes: Mayor Bishop, Vice-Mayor Gradolf, Ms. Hinners, Ms. McBeath.  Voting no: Mr. Reynolds, Mr. Antell.  Law Director Minniear stated that he did not think Mr. Antell should vote since he abstained his vote at the Planning Commission.  He said Mr. Antell’s vote could create legal problems for the City.  Mr. Antell held firm with his no vote.  Discussion continued concerning voting on the Planned Development Application.  A motion by Mr. Antell, second by Mr. Reynolds to continue to the next Council meeting to vote on the PD Plan.  Voting yes: Mr. Reynolds, Mr. Antell, Mr. Gradolf.  Voting no: Ms. McBeath, Mr. Bishop, Ms. Hinners.  With a three to three vote no decision was made.  Discussion continued on this and it was agreed to vote a second time to vote on the PD plan.  A motion by Ms. McBeath, second by Ms. Hinners to vote on the PD plan.  Voting yes: Mr. Gradolf, Ms. Hinners, Ms. McBeath, Mayor Bishop.  Voting no: Mr. Reynolds, Mr. Antell.  A motion by Ms. Hinners, second by Ms. McBeath to approve the presented PD plan.  Voting yes: Mr. Gradolf, Ms. Hinners, Ms. McBeath, Mayor Bishop.  Voting no: Mr. Antell, Mr. Reynolds.

Mayor Bishop closed the Public Hearing and the regular Council Meeting continued.

. Minutes:  A motion by Mr. Gradolf, second by Mr. Antell to waive the reading and approve the minutes of the regular Council meeting of December 7, 2004.  All voted yes.

Correspondence:  The Clerk read a letter from Joyce Rinckhoff Snell requesting that a picture of her father, Robert Rinckhoff be placed on the wall of Council Chambers.  Mr. Rinckhoff was a Council Member and Mayor of Milford.  He was active in the City from 1942 until 1971.  Council agreed and the Clerk will be in touch with Mrs. Snell to arrange for the placement of the picture.

The Clerk asked for a motion to accept and approve the financial reports distributed to Council.  A motion by Mr. Antell, second by Ms. McBeath to accept and approve the Allocation of Collection of City Income Tax and the Report of Investment Summary.  All voted yes.

Speaker:  Bill Knepp, Founder of the Miami Glen Organization and Ambrose Nordman, Chairman of Miami Glen Presented Miami Glen’s 10^th Anniversary Award to Chief John Cooper and Staff of the Milford Community Fire Department.  Mr. Knepp stated the Mr. Cooper is a performer for the community each and every day of the year.  He is always available to help the community in many different ways.  Mr. Knepp stated Miami Glen wanted to honor Chief Cooper as the “Performer of the Decade.”  Chief Cooper thanked Mr. Knepp and Mr. Nordman and Miami Glen for this surprise honor.

STANDING COMMITTEE REPORTS

Public Services: Mr. Gradolf reported that the Committee met on December 20, 2004.  The City Manager requested a Resolution authorizing a contract with ODOT for the U.S. 50/Lila Ave. repaving project.  A motion by Mr. Antell, second by Mr. Gradolf to draft a Resolution authorizing a contract with ODOT for the U.S. 50/Lila Ave. Project.  All voted yes.

Service Director, Mike Haight advised the Committee that he would request authorization in 2005 to purchase two new dump trucks under the state contract.  These would replace older trucks in very bad shape.  Mr. Haight also reported that they are waiting for additional information regarding the Shell gas card.

Carol Royer, Wastewater Supervisor provided two proposals for video cameras for the treatment plant.  She was asked if battery backup and if motion detection would be used to avoid constant feed of video.  She was certain of battery backup but would seek further information to see if they were motion activated.

The Committee briefly discussed the appointment of Harry Steger and establishment of his pay rate.  It was agreed that the Administrative Services Committee should initiate the request.

Administrative Services: Ms. McBeath reported that the Committee met on December 14, 2004.  The Finance Director reviewed year-end amendments to Appropriations Ordinance 04-255.  A motion by Ms. McBeath, second by Mr. Antell to draft an ordinance to amend Appropriations Ordinance 04-355.  All voted yes.  Mr. Wagner also provided an amendment to 2004 estimated resources that must be provided to the Clermont County Budget Commission.

ORC Compliance related to an omission in our minutes of the purpose of executive sessions.  The clerk has consulted with the auditors concerning this.

Mr. Wagner provided temporary appropriations request for 2005.  A motion by Ms. McBeath, second by Ms. Hinners to draft an ordinance adopting temporary appropriations for 2005.  All voted yes.

The Committee agreed to recommend that Council members be eligible for reimbursement of travel expenses directly related to Council appointed attendance at meetings i.e. OKI, etc.  A motion by Ms. McBeath, second by Ms. Hinners for a voice vote from Council approving the reimbursement of travel expenses for Council appointed attendance at meetings.  All voted yes.

A Motion by Mr. Reynolds, second by Ms. McBeath to draft an ordinance appointing Harry Steger as Financial Director.  All voted yes.  Mr. Steger was given the oath of office by Law Director Minniear.

A motion by Mayor Bishop, second by Ms. McBeath to appoint Susan Stagg as Chairman of the Personnel Commission.  All voted yes.  Liz Lohse, Chairman of the Commission resigned her position as of December 31, 2004.

Safety Services: Mr. Reynolds reported that the Committee met on December 20, 2004.  Fire Chief Cooper discussed with the Committee the Fire and EMS contract renewals with the Milford Community Fire Department.  The Fire Levy is at 5.3 Mills with a proposed 6.88% change at $746,000.  The EMS Levy is at 5.4 Mills with a proposed 3.97% change at $734,000.  A motion by Mr. Reynolds, second by Mr. Gradolf to draft an ordinance authorizing a contract with the Milford Community Fire Department for fire services in the amount of $746,000.  All voted yes.  A motion by Mr. Reynolds, second by Mr. Gradolf to draft an ordinance authorizing a contact with the Milford Community Fire Department for EMS services in the amount of $734,000.  All voted yes.

Interim Police Chief McDonald shared information with the Committee on the last Town Marshall, Joseph L. Pierson, who was born in 1896 and died in 1943.  His picture will be placed on the wall of Police History in the City Building. Chief McDonald provided  “Manning Needs Review” which notes appropriate use of resources and the people and positions we currently have and based on this we are appropriately staffed.  Rates for part-time officers are being reviewed with a proposed rate change in January, 2005.  The Chief also provided a review of marked vehicles.  He recommends the replacement of the totaled marked vehicle with a simple unmarked Ford Tarus at a cost of $12,000.  He also recommends we downgrade the Ford Expedition to patrol/severe weather and command vehicle.

Community Development: No report.  Mr. Antell reported that the Committee had no meeting.  Mr. Antell asked for approval of Council to nominate Nancy Storch as the City’s nomination for Salute to Leaders.  Mrs. Storch has served as a leader and volunteer for the City of Milford for many years.  Mr. Gradolf made a motion, second by Ms. Hinners to nominate Nancy Storch.  All voted yes.

Mr. Antell explained that he had received a memo from Virginia Critchell stating the Historical Society had completed an inventory of the ten largest trees in the City.  The report has been sent to the officials who sent support for our Tree City Program.  This will help support the Program.

 City Manager’s Report: Ms. Rokey reported that the Service Department had four employees who worked 3 ½ hours on Sunday due to the snow.

The Water Department replaced hydrants on Clark St., Cross St. at Walnut and on Center St. A six-inch water main break occurred on Crestview Dr.

Sara Imhulse, Assistant to the City Manager received her master’s degree in public administration.  She was congratulated by Council.

Ms. Rokey stated that appointments to the Citizen’s Review Committee and Metropolitan Housing Authority need to be made.  A motion by Mr. Antell, second by Mr. Gradolf to approve the Citizen’s Review Panel.  All voted yes. A motion by Ms. McBeath, second by Ms. Hinners to approve the appointment of Maggie Campbell Reynolds to the Metropolitan Housing Authority.  All voted yes.

Committee Meetings

Public Services            
Tuesday, December 27, 2004                
5:00 p.m.

Reminders

City Holiday Party           
Thursday, December 23, 2004                
11:00 a.m.

City offices closed           
December 24^th and December 31^st

Planning Commission           
Wednesday, January 12, 2005`               
6:00 p.m.

Parks & Recreation           
Monday, January 24. 2005                        
5:30 p.m.

Police Department: Interim Chief McDonald presented a picture of Milford’s last Marshall, Joseph L. Pierson.  The picture will be placed in the City Building.  Chief McDonald explained that the Police Department and Chief Cooper, Fire Chief, work together with a true sense of community.  Chief McDonald reminded citizens that cars should be removed from the street during a snow emergency. 

Fire Department/EMS: Chief Cooper distributed the monthly Fire Department report to Council.  He also thanked everyone for all the good things said about him and wished everyone a Merry Christmas.

Comments:  Mr. Reynolds thanked the Police Honor Guard for their presence at the funeral of Helen Kniepp.  They served with dignity and honor for a past member of the Police Department.

Old Business: None

New Business:

Ordinances and Resolutions:

04-410    An Ordinance Amending Appropriations Ordinance 04-355.  A motion by Ms. McBeath, second by Mr. Antell to adopt.  All voted yes.

04-411    An Ordinance Adopting Temporary Appropriations for 2005.  A motion by Ms. McBeath, second by Mr. Antell to adopt.  All voted yes.

04-412    An Ordinance Authorizing a contract with the Milford Community Fire Department for Fire Services in the amount of $746,000.  A motion by Mr. Reynolds, second by Mr. Gradolf to suspend the rules and ready by title only.  All voted yes.  A motion by Mr. Reynolds, second by Mr. Gradolf to adopt.  All voted yes.

04-413    An Ordinance Authorizing a contract with the Milford Community Fire Department for Emergency Medical Services in the amount of $734,000.  A motion by Mr. Gradolf, second by Ms. Hinners to suspend the rules and read by title only.  All voted yes.  A motion by Mr. Reynolds, second by Ms. McBeath to adopt.  All voted yes.

04-414    An Ordinance Appointing Harry Steger to the Position of Director of Finance and Establishing A rate of pay.  A motion by Mr. Reynolds, second by Ms. McBeath to suspend the rules and read by title only.  All voted yes.  A motion by Ms. McBeath, second by Mr. Reynolds to adopt.  All voted yes.

04-415    An Ordinance Authorizing a contract with the Milford Exempted Village Schools for rental of Offices in the City Building.  A motion by Ms. McBeath, second by Mr. Antell to suspend the rules and read by title only.  All voted yes.  A motion by Ms. Hinners, second by Mr. Antell to adopt.  All voted yes.   

Adjourn:  There being no further business to come before Council the meeting was adjourned at 10:40 p.m. with a motion by Mr. Gradolf, second by Mr. Reynolds.  All voted yes.

Joanne Trilety, Clerk of Council                                               
Lou Bishop, Mayor