Council Meeting

MINUTES OF MEETING INDIAN HILL VILLAGE COUNCIL June 17, 2024 A meeting of the Indian Hill Village Council, including a work session, was held on June 17, 2024 at 6:30 p.m. The meeting was held at the Madeira-Indian Hill Joint Fire District meeting room, 6475 Drake Road. Officials present: Mr. Stephen H. Krehbiel, Mayor Mr. Richard J. Hidy, Vice-Mayor Mr. Andrew A. Byer, Council member Mr. Jeffrey G. Gibson, Council member Mr. Shayne O Manning, Council member Mrs. Pat Stern, Council member Ms. Dina C. Minneci, City Manager Mr. Scott D. Phillips, City Solicitor Mr. Paul C. Riordan, Clerk/Comptroller Officials absent: Mrs. Elizabeth C. Isphording, Council member Visitors present: Mr. Jamie Brescol, 4473 Bent Creek Drive 45244 Mr. Kim Burke. 6750 Camaridge Lane 45243 Mrs. Jessica Chaney, 6525 Drake Road 45243 Mr. Ron Freson, 6525 Drake Road 45243 Mr. Scott Gully, 6525 Drake Road 45243 Mr. Graham Kruse, 8075 Indian Hill Road 45243 Mr. Jack Kruse, 8075 Indian Hill Road 45243 Mrs. Jen Kruse, 8075 Indian Hill Road 45243 Mr. John Kruse, 8075 Indian Hill Road 45243 Mr. Jon West, 6525 Drake Road 45243 Mr. David Yeager, 6525 Drake Road 45243 PLEDGE OF ALLEGIANCE: Council opened the meeting with the Pledge of Allegiance. MINUTES: The minutes of the regular meeting of May 20, 2024 had previously been distributed to each Council member. There being no changes or corrections noted, Mayor Krehbiel declared the minutes accepted as issued. WORK SESSION: Mayor Krehbiel opened the PFAS work session. City Manager Minneci explained that the first PFAS work session was held on May 20, 2024. At that meeting, the PFAS regulations which had been issued on April 10th were reviewed. The requirement is that any water system that has PFAS higher than 4 parts per trillion (ppt) has to either connect to a system that has PFAS lower than 4 ppt or install a treatment system that will reduce the PFAS to under 4 ppt’s. All of this has to be done by 2029. She said that the timeline for planning, design and construction that is needed to meet Minutes of Council Meeting June 17, 2024 Page 2 the deadline was reviewed. Council also reviewed the requirements for constructing a PFAS infrastructure and its financial impact on Indian Hill water customers. We also reviewed funding opportunities currently available. One of the opportunities was a $13,000,000,000 settlement with Dupont and 3M. We learned that Tyco also has a settlement of $750,000,000 which has been approved over the last several weeks. BASF has settled for $316,000,000. Also discussed were the pros and cons of the options for moving forward. Three options are: 1) build our own PFAS system; 2) purchase wholesale water from the City of Cincinnati – we would continue to maintain our system; 3) working with the City of Cincinnati for them to take over and regionalize the water systems. After the discussions, the meeting ended with the approval to move ahead with engineering and design to construct a Village PFAS system. Also, staff was going to obtain information from the City of Cincinnati for purchasing water from them. The information from the City of Cincinnati has been obtained and will be discussed and reviewed tonight. She said that prior to those discussions, she welcomes Jack and Graham Kruse who are Indian Hill High School students to give their findings and analysis of the PFAS regulations on the operation of our Water Works. The Kruse brothers introduced themselves to Council. They explained that they became interested in filtration systems when they watched their father install a filtration system in their house. They explained that in the spring of 2023, they discovered that Indian Hill’s tap water is contaminated with “forever chemicals”. They thought it was time to find out why the Village water is contaminated and how that can be rectified. They started a non- profit organization called, “Indian Hill Pure Water Project”. The purpose of IHPWP was: 1) research contamination sources for the Little Miami aquifer; 2) determine filtration systems used by other municipalities; 3) have independent labs test water samples; 4) determine if retrofitting our water treatment facility with a filtration system is feasible; 5) present their findings to the Village of Indian Hill and Indian Hill Water Works Administrators. Research showed that there are many potential causes for contamination to the water shed in our area. Their research also showed that technology used to remove PFOS from drinking water can also remove other manmade chemicals. These technologies include Granular Activated Carbon adsorption (GAC), which is the most commonly used filtration system in municipal treatment facilities. They explained that time is of the essence because there is only five years to 2029 when the solution has to be in place. They also reviewed funding that is available to us for compliance with the regulations. Their final remarks were that Council is in a position to positively improve the trajectory of health for around 15,000 people. This is a huge impact and that is why the Kruse brothers spent so much time on this project and they asked Council to make this project a priority. Council thanked Jack and Graham for their excellent presentation, including all the research that went into it and they asked them to give their presentation to Indian Hill School administrators so that they could be encouraged to install filtration systems while the GAC system is being constructed to get an early jump on protecting the children. A complete copy of their presentation is included in the Council packet. Minutes of Council Meeting June 17, 2024 Page 3 Ms. Minneci directed Council’s attention to a proposal to supply Indian Hill water from the Greater Cincinnati Water Works (GCWW) which is included in the Council packet. The proposal from GCWW is to provide water only and the Village would still maintain their systems. The GCWW proposed rate is $2.53 per CCF beginning July 1, 2024 and the rate would increase based on the Consumer Price Index (CPI). Research shows that other communities are paying between $1.84 and $3.20, contracts with other entities vary across the board from 20 years to 50 years. The $2.53 rate does not include the cost of meter connections. The Village would need approximately two additional connections that will cost approximately $250,000 per connection. Ms. Minneci directed Council’s attention to the financial analysis included in the Council packet. It showed that the total Village annual expenses for water production were approximately, on average, for the last seven years, $1,104,000 which is $1.02 per CCF. When this is compared to the proposed cost from GCWW, there would be an increased cost to the Village of $1,400,000 per year. This annual increase in cost is basically the amount of paying the 25-year bond payment (principal and interest) which was discussed at the last work session. She said that other entities have found that the original rate proposed by GCWW increase on an annual basis at a rate higher than expected. The Village would still have to maintain the Water Works building, and other water-related facilities, and meter readings would continue. Possibly there could be a reduction of personnel as a result of purchasing the water. The Village would incur an additional capital cost, if necessary, to cap the wells. Capping the wells is a major decision because it is permanent and the Village would no longer be able to produce water in the future if circumstances change. Mr. Burke explained that we know what’s in the Miami River aquifer, but we don’t know what’s in the Ohio River. He said that the GCWW GAC systems only filtrate certain chemicals and therefore, a chemical coming down the river could go right through the system. Council member Gibson pointed out that the Village has been operating the Water Works system very efficiently for over 75 years. Purchasing water from GCWW is like a rental model, where there are variables that we cannot control, while if we install a GAC system, it’s under our control. Council member Manning pointed out that when the river goes low it is a big problem for the GCWW. We have an aquifer in which we have some concern, but it is not as much of a concern. After discussion and review, the consensus of Council was to move ahead with the RFP to construct a GAC system for the Village. Council thanked Ms. Minneci and staff for their excellent analysis and explanations. Minutes of Council Meeting June 17, 2024 Page 4 Ms. Minneci explained that in order to share in the funds being allocated by the Federal Government regionalization has to be considered. If the Ohio EPA feels regionalization is the best for us, they’ll only provide funds if we decide to regionalize. There being no further questions or comments, Council closed the work session and moved into the regular Council session. FINANCE COMMITTEE REPORT: Council member Gibson directed Council’s attention to a memo titled, “Finance Committee”. He reported that the Finance committee met on June 12, 2024 to review several items in advance of the Council meeting. Copies of the Finance committee minutes are included in the Council packet. Council member Gibson also directed Council’s attention to the May 31, 2024 financial statements, which were also included in the Council packet. Council member Gibson provided the following financial highlights: a. Income Tax Receipts: Income tax receipts continue to be lower than projected. The Village received approximately $209,000, which was $53,000 less than received in May 2023. Currently, the Village is running at about 80% of budget for income tax receipts. b. Operating Disbursements: Operating expenditures totaled approximately $1,160,000 which was $70,000 more than May 2023. This is due to the timing of payments. c. CIRF: Disbursements totaled approximately $370,000. Expenditures included Ranger vehicles and a recycling truck. d. Water Works Receipts: Water usage receipts were approximately $272,000 which was marginally higher than the same time in May 2023 and they are running about one-third of budget. e. Water Works Disbursements: Total operating disbursements were approximately $438,000 which is marginally higher than the same period in 2023. This is due to the timing of payments. f. Water Works CRF: Disbursement totaled approximately $104,000 which included meter purchases and semi-annual bond interest payments. g. Long Term Debt: The May interest payments were paid and the annual principal payment plus interest will be made in November. h. Cash and Investments: Total month-end cash and investments were approximately $53,800,000 compared to approximately $54,800,000 in April 2024 and approximately $55,800,000 in May 2023. i. Rowe Funds: The market value as of May 31st is up a little less than 5% since December 31. 2023. The market value as of May 31st was approximately $4,830,000 which includes an unrecognized gain of $1,370,000. Total monthly operating receipts were consistent including dividends/interest of approximately $12,000. Operating expenses totaled $49,000 and net investment gain was $40,800. j. Green Areas Funds: The total market value for investments and cash as of May 31st was approximately $5,100,000 including an unrecognized gain on investments of Minutes of Council Meeting June 17, 2024 Page 5 $3,469,000. Earnings were a few hundred dollars with monthly expenses in line with budget of approximately $7,700. Council member Gibson reported that the Finance committee had a good discussion on the fact that the Village is under-collecting on income tax receipts. We reduced the income tax rate for the second straight year. The experience of coming in under budget seems to be occurring on a statewide basis. Specifically noting that it is occurring in the City of Wyoming as well. Given the fact that over the last 5 years we collected a little less than $16,000,000 in income tax receipts more than budgeted, we are comfortable with this even though it is uncomfortable to undershoot the budget. But, given our reserves, we think as a Finance committee that we are not looking at this so much as a problem, but how do we get more accurate in budgeting in the future. This is a good problem for us to have as long as we learn upon our way through. Council member Gibson reported that the state requires the Village to prepare a 2025 tentative tax budget. He said that Mr. Gully had prepared a tax budget and walked the Finance committee through the budget numbers. The preparation of the actual budget for the Village will start a few months from now. Council member Gibson reported that the Finance committee is required to hold a public hearing on the 2025 tentative tax budget at this June Council meeting. Council member Gibson requested that Council enter into a public hearing on the 2025 tax budget. Mayor Krehbiel approved the request and Council entered into the public hearing. Council member Gibson reported that the tentative tax budget is a requirement of the County and it represents a starting point for the more encompassing 2025 budget process. The formal detailed budget review process begins in July. The process includes another public hearing in November and a recommendation for the appropriation Ordinance in December. This process includes many meetings amongst staff, Finance Director, Comptroller, City Manager and Council committee members where individual line items are thoroughly analyzed and adjusted as needed. In addition, Council will hold a Strategic Planning Session in August which will evaluate priorities for the upcoming year. There being no questions or comments, Mayor Krehbiel closed the public hearing. Council member Gibson reported that the finance committee recommends the approval of the following Resolution. A RESOLUTION ADOPTING THE TAX BUDGET OF THE CITY OF THE VILLAGE OF INDIAN HILL, OHIO FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2025 AND SUBMITTING SAME TO THE COUNTY AUDITOR was presented and read. Minutes of Council Meeting June 17, 2024 Page 6 Upon motion by Council member Gibson, seconded by Council member Manning, the Resolution was passed by voice vote 6-0. Mayor Krehbiel declared Resolution number 16-24 adopted. LAW COMMITTEE REPORT: Council member Hidy directed Council’s attention to a memo titled, “Law Committee”. He reported that the Law committee met on June 6, 2024 to review several items in advance of the Council meeting. Copies of the meeting minutes are included in the Council packet. Council member Hidy reported that Mr. West presented an Ordinance correcting the original 1964 Ordinance for the acceptance and dedication of Whitegate Lane subdivision. With the correction, portions of Kugler Mill Road and Buckingham Road dedicated with a subdivision plat all those years ago, but inadvertently not included in the 1964 Ordinance, will now be formally included. The Law committee agreed to recommend emergency approval of the Ordinance. Council member Hidy reported that after holding a public hearing, the Law committee agreed to present the second reading of an Ordinance proposing Charter amendments as recommended by the Charter Review committee and to have such recommendations be placed on the November 5, 2024 ballot. Council member Hidy requested a suspension of the rules and enter into emergency session. Mayor Krehbiel approved the request. The approval was carried by roll call vote 6-0. Council entered into Emergency Session. AN ORDINANCE RE-APPROVING THE PLAT OF WHITEGATE FARM SUBDIVISION RECORDED IN PLAT BOOK 117, PAGES 15-18 OF THE HAMILTON COUNTY RECORDER’S OFFICE, AND ACCEPTING THE DEDICATION OF WHITEGATE LANE AND THE PORTIONS OF BUCKINGHAM ROAD AND KUGLER MILL ROAD CONTAINED THEREIN PARCEL ID NO. 629-0232-0021 AND NOTE THAT PRIOR ORDINANCE NO. 27-64 AS RECORDED IN DEED BOOK 3389 PAGE 567 OF THE HAMILTON COUNTY RECORDER’S OFFICE INCORRECTLY ACCEPTED ONLY WHITEGATE LANE FOR DEDICATION AND FAILED TO INCLUDE ACCEPTING THE PORTIONS OF BUCKINGHAM ROAD AND KUGLER MILL ROAD CONTAINED THEREIN FOR DEDICATION, AND DECLARING AN EMERGENCY was presented and read. Council member Hidy requested that the requirement for three readings of the Ordinance be waived. Mayor Krehbiel approved the request and the approval was carried by roll call vote 6-0. Minutes of Council Meeting June 17, 2024 Page 7 Upon motion by Council member Hidy seconded by Council member Byer the Ordinance was passed by roll call vote 6-0. Mayor Krehbiel declared Ordinance 07-24 enacted. Council member Hidy requested a public hearing to review the proposed charter amendments as recommended by the Charter Review committee. Mayor Krehbiel opened the public hearing on the 2024 Charter Amendments as recommended by the Charter Review committee. Mrs. Chaney reviewed several of the changes included in the Ordinance of the proposed amendments to the Charter of the City of the Village of Indian Hill: • The requirement for competitive bidding would be increased from $50,000 $75,000 • Allow the City Manager to enter into contracts exceeding 5 years as long as there is a super-majority of Council • Position under Civil Service has to have a competitive examination appointment or promotion from the rule of 3 to the rule of 5 candidates that must be considered for the position. • All future Charter amendments be codified upon County Board of Elections There being no questions or comments, Mayor Krehbiel closed the public hearing and Council entered into their regular meeting. AN ORDINANCE TO CAUSE PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF THE VILLAGE OF INDIAN HILL TO BE PLACED ON THE NOVEMBER 5, 2024 BALLOT was presented and read for the second reading. BUILDINGS & GROUNDS COMMITTEE REPORT: Council member Byer directed Council’s attention to a memo titled, “Buildings and Grounds Committee”. He reported that the Buildings and Grounds committee met on June 11, 2024 to review several items in advance of the Council meeting. Complete meeting minutes are included in the Council packet. Council member Byer reported that, as always, routine maintenance was performed on all buildings and grounds, green areas, parks and recreational fields. While we label this work as routine, it is important work. This maintenance ensures that our facilities meet both resident expectations and also operability expectations of Village employees working at Village facilities. In addition to routine maintenance which includes seasonal mowing, mulching, fertilizing, tree trimming and sports field prep, the Buildings and Ground department planted a gingko tree in Stephan Field to honor Village resident Steve Hilmer for his approximately 35 years of leading the Village Easter Egg Hunt. Minutes of Council Meeting June 17, 2024 Page 8 Council member Byer reported that the generosity of Village residents was on full display this past month, showing in 3 areas: 1. We continue to gratefully accept Green Areas gifts from generous Village residents, with current activity including gifts of 1.9 acres from 2 Abbey Place, 1.7 acres from 8890 Camargo Road and 8.546 acres from Meadows of Peterloon, Phase 2. 2. The Rowe Arboretum received a vehicle traffic counter graciously donated by Mrs. Judy Mitchell. The Arboretum is also preparing to host an American Conifer Society National meeting. 3. The 2024 “Reforest the Hill” program has received more than $22,500 in donations. Council member Byer reported that the usage at Grand Valley continued to grow in May, with attendance up nearly 17% vs. April. Council member Byer gave an update on the South Given Stream Restoration repairs: the contractor removed several truckloads of the wrong-sized Type D rock and had a LIDAR survey performed. The consultant is evaluating the survey and is considering a modified design. The consultant is also working with its insurance company on its claim process for restoration due to the rock size being their error. Council member Byer reported that the Buildings and Grounds committee recommended the Village renew the lease with the Ohio Department of Natural Resources for property adjacent to Grand Valley to prevent people from entering the Preserve from the river. He said that while there is no cost to the Village, it does require the Village to maintain the property. Council member Byer reported that the Recreation Commission’s new “Meet the Fleet” event was held on May 31st and it appeared to be quite a success. PUBLIC WORKS COMMITTEE REPORT: Council member Stern, directed Council’s attention to a memo titled, Public Works Committee”. She reported that the Public Works committee met on June 11, 2024 to review several items in advance of the Council meeting. Copies of the meeting minutes are included in the Council packet. Council member Stern presented the departmental activity highlights, a complete copy of the departmental activity report is included in the Council packet. a. Cleaned and inspected catch basins, gutters and pipes along Village roadways. b. Tree trimming, trimmed honeysuckle and repaired berms along various Village roadways. c. Installed bollard system in front of brine storage pad. d. Repaired guardrail on Indian Hill Road Minutes of Council Meeting June 17, 2024 Page 9 Council member Stern presented the following highlights on the project management report. A copy of the report is included in the Council packet. a. 2024 Street Resurfacing Program – Contractor began surface course on various side roads, Given and Blome Roads. Permanent paving markings on all streets are expected to be done by mid-June. Spooky Hollow Road is delayed due to a resident’s sanitary sewer force main project. b. Given Road Evaluation/Maintenance – Project began in June c. Sycamore Creek Restoration & Habitat Enhancement – The consultant expects to have final plans to the contractor for construction to begin at the end of June/early July. Public Works installed a temporary sign on-site to assist with questions, rumors, trespassing and illegal parking. d. Varner Road – The contractor is preparing a quote for survey and engineering services needed to remove deteriorated culvert pipe located in the creek bed and restoration along the south side of the road. e. Camargo Culvert Replacement – Six bids were received with JTM Smith having the lowest and best at $152,476. The project will include a road closure between June 11th August 12th. f. Kugler Mill Culvert Replacement – The engineer is finalizing plans for both phases (headwall and culvert pipe). Advertising for bids will happen this summer. g. Public Works Fence – The project has been completed and was closed out in June. h. Public Works Roof – A preconstruction meeting was held. Materials expected to arrive in 4 weeks and work is expected to begin this summer. WATER WORKS REPORT: Council member Hidy in Council member Isphording absence, directed Council’s attention to a memo titled, “Water Works Committee”. He reported that the Water Works committee met on June 11, 2024 to review several issues in advance of the Council meeting. Copies of the meeting minutes are included in the Council packet. Council member Hidy reported that the Water Works committee reviewed the departmental activity report which highlighted water main breaks and repairs and replacement of fire hydrants and reviews of the hydrant flushing program. Council member Hidy reported that bid openings for zinc orthophosphate came in less than current pricing. He said that the cost of new meters increased somewhat. Council member Hidy reported that the Water Works committee reviewed the project management report. He highlighted the Miami Road water main replacement engineering, the water tower and PFAS. Council member Hidy reported that the Water Works committee reviewed Mrs. Chaney’s re-evaluation of the departmental structure as a result of the retirement of Mr. Adkins, Public Works/Water Works Superintendent. To improve overall operations, we have decided to separate the Public Works and Water Works departments each lead by a dedicated Minutes of Council Meeting June 17, 2024 Page 10 superintendent. He said that Mrs. Chaney also described several other changes according to positions for each department. He noted that staff will continue to be evaluated over time in light of future operations as the Village determines its direction with water distribution, and as we understand the effects of increased housing in the northern part of the Village. Council member Hidy reported that the Water Works committee reviewed Mrs. Chaney’s presentation on an update to the Employee Merit Pay System. These changes are included in an Ordinance amending Chapter 35 (Employment Policies). He said that after discussion, the Water Works committee agreed to recommend emergency approval of the Ordinance. Council member Hidy requested a suspension of the rules and enter into emergency session for the deliberation of the following Ordinance. Mayor Krehbiel approved the request. The motion was approved by roll call vote 6-0. Council entered into Emergency Session. Council member Hidy read the following Ordinance and requested a waiver of the requirement for three readings. The motion to waive the three readings was seconded by Mayor Krehbiel. The motion was approved by roll call vote 6-0. AN ORDINANCE AMENDING CHAPTER 35 EMPLOYMENT POLICIES, SECTION 35.20 COMPENSATION AND SECTION 35.35 EMPLOYEE MERIT PROGRAM, and declaring an emergency was presented and read. Upon motion by Council member Hidy seconded by Council member Byer the Ordinance was passed by roll call vote 6-0. Mayor Krehbiel declared Ordinance 08-24 enacted. SAFETY COMMITTEE REPORT: Mayor Krehbiel directed Council’s attention to a memo titled, “Safety Committee”. He reported that the Safety committee met on June 6, 2024 to review several items in advance of the Council meeting. Copies of the meeting minutes are included in the Council packet. Mayor Krehbiel reported the following: 1. Chief Oughterson reviewed the May Fire/EMS report. EMS runs were 130 compared to 135 in May 2023. 2. Chief Oughterson highlighted the department’s responses to a garage and house fire in Madeira. The garage fire is still being investigated, and the house fire was due to a lightning strike. No injuries were reported. He also detailed the tragic incident of a man trapped under a tractor and a motorcycle crash where ethe driver was transported to the hospital with head injuries. 3. Chief Oughterson outlined the month’s trainings – ladder training at the Loveland Fire Tower, confined space and flammable liquid and gas air monitoring. Minutes of Council Meeting June 17, 2024 Page 11 4. Colonel Schlie presented the Rangers’ May report. Activities include: 1) natural death; 2) theft and 3) I.D. theft. 5. Colonel Schlie and Chief Oughterson indicated that the visit from former President Trump went very well. There were no incidents and the traffic detail worked well with other jurisdictions. 6. Staff will be interviewing twenty applicants for the Patrolmen positions that are vacated due to Ranger Ray Manning retiring in May and Colonel Schlie’s upcoming retirement. PLANNING COMMISSION REPORT: Council member Manning reported that the Planning Commission will meet on June 19, 2024. He said that they will be considering two issues: 1) a request for approval to reduce the side yard setback; 2) a request from the Indian Hill School District for approval for the installation of wayfinding signs at Indian Hill School. CITY MANAGER’S REPORT: City Manager Minneci reported the following in her Manager’s report: The 4th of July is coming up upon us and there will be a parade, festival and fireworks and possibly a flyover again. The Grand Marshal this year will be Colonel Charles “Chuck” Schlie. On July 15, 2024 there will be a Special Council Meeting at 7:30 a.m. to have a third reading of the Charter amendments Ordinance. There being no further business to come before Council, Mayor Krehbiel declared the meeting adjourned. Respectfully submitted, Stephen H. Krehbiel, Mayor ATTEST: Paul C. Riordan, Clerk