PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday October 07, 2009

Council convened at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Ghiz, Harris, Monzel, Qualls and Thomas (7)

Also in attendance were City Manager Milton Dohoney, Jr., and John Curp, City Solicitor and Acting Clerk of Council Brenda Williams

Council observed a moment of silent prayer and recited the Pledge of Allegiance to the Flag.

There being no objection, Minutes of the previous session Council were ordered Filed.

Items on the Council Calendar and items presented by-leave were disposed of as follows:


Vice Mayor Crowley was excused, and Councilmember Cole was excused.
MAYOR MALLORY
Item #: 200901361
APPOINTMENT, 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Ms. Crystal German to the SBE Leadership Committee. Mrs. German, a resident of Hamilton County, was a member of the OPEN Cincinnati Task Force. She is currently the Vice President for the Minority Business Accelerator and Economic Inclusion at the Cincinnati USA Regional Chamber of Commerce. Ms. German will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ONE WEEK ON CALENDAR
Item #: 200901362
APPOINTMENT, dated 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Mr. Jose Guerra to the SBE Leadership Committee. Mr. Guerra, a resident of Hamilton County, is the President of L5 Source, a small business that focuses on software development. He is the founder of the Hispanic IT Executive Council and President Emeritus of the Cincinnati Chapter for the National Society of Hispanic MBAs. Mr. Guerra will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ONE WEEK ON CALENDAR
Item #: 200901363
APPOINTMENT, dated 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Mrs. Icy Williams to the SBE Leadership Committee. Mrs. Williams, a resident of the City of Cincinnati, has worked at P&G for the last 30 years. Her most recent post was the former Associate Director for Corporate Supplier Diversity Development for P&G. Mrs. Williams is a Board Member for South Central Ohio Minority Supplier Development Council, Greater Cincinnati/Northern Kentucky African American Chamber, and Corporate Member of the Greater Cincinnati Regional Chamber Minority Business Accelerator Initiative. Mrs. Williams will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ONE WEEK ON CALENDAR
Item #: 200901375
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Sean Rhiney to the Vice Chair post for the Cincinnati Arts Allocation Committee. Mr. Rhiney, a resident of Cincinnati, is the General Counsel and Co-Founder of Midpoint Music Festival. The Vice Chairperson appointment is for one year said to expire September 30, 2010.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901376
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Jeaunita Olowe to the Chair post for the Cincinnati Arts Allocation Committee. Ms. Olowe, a resident of Cincinnati, has been an active member of the Cincinnati Arts Allocation Committee since 2004. She is a dancer, choreographer, Education Director, and Company Manager for Bi-Okoto Drum & Dance Theater. The Chairperson appointment is for one year said to expire September 30, 2010
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901377
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Mr. Dale Doerman to the Cincinnati Arts Allocation Committee. Mr. Doerman is an actor, playwright, director, theatre critic, arts administrator and arts educator in Cincinnati. He has experience as a grant review panel member and on-site reviewer with the Ohio Arts Council. A resident of Cincinnati, he is currently an adjunct faculty member at the University of Cincinnati's College Conservatory of Music. Mr. Doerman will serve a three year term set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901378
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Ms. Piper Davis to the Cincinnati Arts Allocation Committee. Ms. Davis a resident of Cincinnati, is an actress, singer, drama coach, arts administrator and arts education program coordinator in Cincinnati. Ms. Davis has experience in visual arts as a gallery coordinator and is currently the Coordinator for the after-school arts program at Emanuel Community Center. Ms. Davis will serve a three year term set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901379
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Mr. Saad Ghosn to the Cincinnati Arts Allocation Committee. Mr. Ghosn, a resident of Cincinnati, is the editor and publisher of the annual publication For a Better World: Poems and Drawings on Peace and Justice by Greater Cincinnati Artists. Mr. Ghosn is a visual artist and past recipient of a City of Cincinnati individual artist grant. He has hounded, organized, and created several exhibition series and is the Chief of Pathology and Laboratory Medicine Services at the VA Medical Center. Mr. Ghosn will serve a three year term set to expire on September 30, 2012
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901382
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Sarah Weiss to the Cincinnati Human Relations Commission. Ms. Weiss will replace and complete the term of Ms. Leslie Ayensu-Coker said to expire on January 31, 2012. Ms. Weiss, a resident of Cincinnati, is the current Executive Director for the Center for Holocaust and Humanity Education. She serves as a Board Member on the Ohio Holocaust Council and Jewish Vocational Service.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901383
APPOINTMENT, dated 10/7/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Darrick Dansby to the Cincinnati Human Relations Commission. Mr. Dansby will replace and complete the term of Mr. Antonio Mazzaro said to expire on January 31, 2011. Mr. Dansby, a resident of Cincinnati, is the current Executive Director for CityLink and is the former President of SMARTMONEY Community Services.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901384
APPOINTMENT, dated 10/07/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Shekar Jayaraman to the Cincinnati Human Relations Commission. Mr. Jayaraman will replace Ms. Ufot and complete her term said to expire on January 31, 2011. Mr. Jayaraman, a resident of Cincinnati has participated on the Human Relations Planning Team for the Cultural Diversity Awareness Conference.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901381
REAPPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to Executive Order # 64-934 of the Governor of the Commonwealth of Kentucky, I hereby appoint O'Dell Owens, M.D. to the Kenton County Airport Board Advisory Committee said to expire September 21, 2011.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR
Item #: 200901360
RESOLUTION, dated 10/2/2009 submitted by Mayor Mark Mallory, EXPRESSING the support of City Council for the 2009 Youth in City Government Program, which provides a unique and valuable community service by enabling outstanding area high school students to further their development as civic-minded citizens by learning more about our region's political jurisdictions and by closely observing the workings of City government.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0047-2009
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A

Item #: 200901373
RESOLUTION, dated 10/06/2009, submitted by Mayor Mark Mallory, from John P. Curp, City Solicitor, EXPRESSING City Council's support for Hispanic Heritage Month.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0049-2009
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A

MR. BERDING
Item #: 200901364
ORDINANCE, (EMERGENCY) submitted by Councilmember Berding on 9/30/2009, AUTHORIZING payment to Joel Kimmet in the amount of $98 for the cost of materials used to place plywood barriers over windows and doors of a residence at 2186 Harrison Avenue in Westwood, which property had been previously ordered condemned by the City of Cincinnati Department of Community Development, notwithstanding the provisions of Chapter 1101, "Administration", and Chapter 321, "Procurement and Disposal of Supplies, Services and Construction", of the Cincinnati Municipal Code and any other provisions of the Cincinnati Municipal Code which would prohibit such payment.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
MR. BORTZ
Item #: 200901127
ORDINANCE, submitted by Councilmember Bortz on 7/31/2009, Modifying the provisions of Title V, "Traffic Code," of the Cincinnati Municipal Code by enacting a new Section 506-98, "Text Messaging While Operating a Motor Vehicle."
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***
MS. COLE
Item #: 200901365
COMMUNICATION, dated 5/29/2009 submitted by Councilmember Cole from Maxine Baker, regarding her employment with Police Records Unit.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;RULES & GOVERNMENT OPERATIONS COMMITTEE
***
Item #: 200901366
COMMUNICATION, dated 8/3/2009 submitted by Councilmember Cole from Maxine Baker, regarding the experiences she had when attending an Employee Health Service appointment.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;RULES & GOVERNMENT OPERATIONS COMMITTEE
***
Item #: 200901367
COMMUNICATION, dated 9/25/2009 submitted by Councilmember Cole from Roderick B. Justice, regarding her offer on the house at 846 Lincoln Avenue.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;FINANCE COMMITTEE
***
CITY MANAGER
Item #: 200901355
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/7/2009, authorizing the grant of a permanent easement within Nassau Street to Majed Hajjar for constructing and maintaining a retaining wall and patio, which interest is not adverse to the interest retained by the City.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***
Item #: 200901356
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/7/2009, dedicating, accepting and confirming the dedication of certain real property to public use for street purposes as additions to Elm Street, Race Street, Vine Street, Walnut Street, Main Street, Second Street and Third Street in accordance with the plat designated "Fort Washington Way Subdivision - Phase I."
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200901357
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/7/2009, authorizing the transfer of the sum of $395,230.00 within the General Fund from operating account no. 050x222x7100 to the unappropriated surplus according to the attached schedule of transfer for the purpose of reducing the Cincinnati Police Department's General Fund Operating Budget to realign expenditures with current revenue estimates.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901358
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/7/2009, authorizing the transfer of three city-owned parcels of real estate to The Clifton Business & Professional Association.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***
CLERK OF COUNCIL
Item #: 200901368
COMMUNICATION, dated 10/2/2009 submitted by the Clerk of Council from James Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 209-2010 Renewal Application, Permit #1886167, Class D-5-6, D L Lack Corp. dba Don's Glenway Gate, 5077 Glenway Avenue, Cincinnati, Ohio 45238. Hearing is scheduled for November 2, 2009 at 10:00 a.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200900923
MOTION, dated 6/16/2009, submitted by Councilmembers David Crowley, Jeff Berding, Leslie Ghiz, and Chris Bortz, WE MOVE that the City Manager is authorized to request from the Ohio General Assembly an amendment to the Ohio Revised Code that recognizes the Cincinnati Retirement System as the retirement system for potential Water District employees;
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL N
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A

Item #: 200901340
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/30/2009, authorizing the City Manager to establish terms and conditions in order for Xavier University to provide water services to two private properties on Ledgewood Avenue, notwithstanding Cincinnati Municipal Code Section 401-69, Resale of Water Prohibited.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0272-2009
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A

Item #: 200901371
RESOLUTION, dated 10/06/2009, submitted by Council member Chris Bortz, from John P. Curp, City Solicitor, ADOPTING Findings of Fact and Conclusions of Law in the appeal of the Zoning Hearing Examiner's Decision for Westwood School at 2981 Montana Avenue.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0048-2009
MR. CROWLEY A
MS. GHIZ N
MR. HARRIS Y
MR. MONZEL N
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A