City Council Meeting Minutes January 7, 2010 ... - City of Xenia

City Council Meeting Minutes 

January 7, 2010 

Special Session 

4:00 p.m. 

The Xenia City Council met in a Special Session on January 7, 2010, at 4:00 p.m., in the City 

Council Chambers, City Hall, with the following members present: Wesley Smith, John Caupp, 

Dale Louderback, Jeanne Mills, Patricia L. Felton, Marsha J. Bayless, and William R. Miller. 

POTENTIAL LEVY DISCUSSION: Mr. Percival said to meet all the timeline requirements 

for the May 4 th ballot, Council needs to introduce legislation today if an income tax increase is 

chosen as a ballot initiative. Our charter dictates that Ordinances to levy taxes cannot be passed 

as emergencies; therefore, an introduction is necessary today, with a second reading on 

January 14, 2010, resulting in an effective date of February 13, 2010. The filing deadline for the 

Board of Elections is February 18, 2010. 

Mr. Percival acknowledged that Mr. Bazelak sent out some information and Councilman Smith 

responded by proposing separate ballot issues. Mr. Merriman also has several handouts, the first 

is titled, “May 2010 Ballot Initiative Revenue Information”, which he distributed to all present. 

The handout depicted Current Cash Flow Projections and proposed Cash Flow Projections from 

2011 through 2015 based on two options: 1) Income Tax at 2.25% (an increase of .50%); and 

2) Income Tax at 2.00% (an increase of .25%): 

Revenue 

Calculations 

Current Cash Flow 

Projections 

2011 2012 2013 2014 2015 

($472,208.75) ($1,029,069.49) ($1,502,211.70) ($1,910,726.62) ($2,059,030.97) 

Ballot Option 1 

Income Tax to 2.25% $2,740,000.00 $2,740,000.00 $2,822,200.00 $2,935,088.00 $3,052,500.00 

Cash Flow Projections $2,267,791.25 $1,710,930.51 $1,319,988.30 $1,025,361.38 $993,469.03 

Ballot Option 2 

Income Tax to 2.00% $1,374,000.00 $1,374,000.00 $1,415,220.00 $1,471,829.00 $1,530,702.00 

Cash Flow Projections $901,791.25 $344,930.51 ($86,991.70) ($438,897.62) ($528,328.97) 

Mr. Bazelak said over the last few years, the revenue projections have had to be recalculated 

many times as things have changed considerably. 

Councilwoman Felton asked if a handout showing cash flow projections based on a property tax 

increase would be distributed today. Mr. Bazelak said no; staff wanted to meet today to 

determine if Council was desirous of moving forward with an income tax increase. If so, that 

requires introduction and subsequent passage of an ordinance. Given the 45-day timeframe for 

an ordinance to become effective, it would need to be introduced today [to meet the Board of 

Elections filing deadline]. If a property tax increase is sought, only a resolution is necessary, and 

it is only a 15-day window from introduction to becoming effective; therefore, we have some 

time. Councilwoman Felton said she cannot make an intelligent decision with only half the

XCC Special Session Meeting Minutes, 01/07/10, Page 2 

information. She does not have all the facts based on revenue, etc. She said the Appointed 

Officials are assuming she will vote for an Income Tax increase. She would have liked to have 

seen revenue projections for a property tax levy. Mr. Percival said they know what is needed in 

terms of a property tax levy – 6.5 mills is needed to generate the same amount of revenue that a 

.5% income tax increase would generate. 

Councilwoman Felton asked about Councilman Smith’s suggestion for separate ballot issues. 

Mr. Bazelak said staff is prepared to present several [income tax increase] options. 

Councilman Caupp personally felt an income tax increase will fail. He felt they should go 

forward with a property tax levy. He noted Xenia’s property taxes are lower than surrounding 

communities; further, Xenia already has an income tax in place, and other surrounding 

municipalities do not. Even if they raise property taxes a little bit, they would still be cheaper 

than surrounding communities. Mr. Lewis agreed, but only about half of Xenia residents would 

pay the income tax versus everybody paying property taxes. Mr. Bazelak agreed, and based on 

the Citizen Survey results, residents do not want [additional] property taxes. The City of Xenia 

has a high percentage of retired citizens and folks that do not have a high taxable income, and an 

income tax increase will not affect them as greatly as a property tax. Mr. Percival said City 

income tax is based on earned income only—retirement income, etc., is not taxed. 

Councilman Louderback said to go from 1.75 to 2.25 percent income tax is not out of the 

question; he felt people are tired of paying property taxes and the survey indicates that. An 

income tax is a better way to go. He said they have to pay attention to what the survey 

said…and citizens don’t want to pay any more property taxes. 

Councilman Caupp said those are valid arguments, and they have gotten him to think differently. 

Mr. Percival said they have looked at this in every way possible. In order to sustain and bring 

back pieces of what they have lost, they need at least that $2.7 million in revenue. He said they 

can separate the ballot issues if Council desires. He was asked if the City has ever put on a ballot 

a dedicated street levy and/or tax. He said a ballot issue was presented to the voters in 2003 that 

stated some of the money would be used for streets, but it was not solely dedicated to streets. 

Again, the survey indicates that citizens want street improvements. Over 70 percent of the 

responders indicated they want the City to spend more money on streets. Public safety services 

are always strongly supported, but without additional revenues, there will be public safety 

service reductions. They need to take those things into consideration as they determine how to 

move forward. 

Mr. Bazelak said the budget projections show a negative cash flow projection in 2011 and 

beyond if they do nothing to generate more revenue. They have diligently looked at 

assumptions, historical data, contracts, future expenditures, status of the state, projected 

revenues, etc. As shown above, if only a .25 percent increase is approved, a negative cash flow 

is projected in 2013 and beyond. He noted the bottom portion of the handout is the Appointed 

Officials’ recommendation of how to use the proposed revenue based on a .5% income tax 

increase, which includes the following: 

Select Position Restoration (number and complement TBD) ............................................... $200,000 

Miscellaneous Program Restoration and Economic Development ................................... $144,000 

Public Safety Capital Improvement (XFD and XPD; includes existing Debt Service) ............ $500,000


Street Rehabilitation Program ......................................................................................... $500,000 

General Capital Set-Aside (Parks, Fleet Maintenance, City Facilities, Info. Tech., etc.) ........... $450,000 

TOTAL ........................................................................................................................ $1,794,000 

Councilman Louderback asked if they do not get any more revenue into this city, where will 

additional cuts be made? Mr. Percival said 6 firefighters and 4 police officers would be laid off. 

There is no other place to cut. Councilman Louderback asked if that was the worst-case 

scenario. Mr. Percival said yes. Since the renewal was approved in August, they have continued 

to say new revenue is needed to sustain our current levels of service. 

Vice President Miller said the City of Xenia has gotten only one pay raise in 30 years, which was 

in 1991, and that was only one-quarter of one percent. Mr. Bazelak agreed. 

Councilman Louderback said the survey results threw him off a bit; he never would have 

dreamed street improvements would be so high on the list [based on the survey results—see excerpt 

of findings below]; he would have thought police and fire would have been higher on the list. 

Mr. Percival said police and fire are a given, because police and fire have always been a top 

priority. Mr. Lewis said citizens have not seen a difference in police and fire service levels; but, 

they do see the streets deteriorating and they know there is no longer a Parks and Recreation 

Department. Those items are obvious; he does not believe folks are aware of any changes in 

police and fire. Vice President Miller agreed; when they call 9-1-1, someone always shows up. 

Councilman Louderback felt it would be easier to promote police and fire vs. street 

improvements. Councilwoman Mills agreed with Mr. Lewis and Vice President Miller. When 

residents call 9-1-1, a police officer and/or firefighter/paramedic respond. However, they drive 

on our streets and over potholes every day. As a citizen, she personally wants someone to show 

up when she calls 9-1-1. She believes the survey is a very important tool, but she does not think 

residents realize the impact if 4 police officers and 6 firefighter/paramedics are cut. Vice 

President Miller agreed. He said safety forces would show up, but they might have to come from 

Beavercreek. Councilwoman Mills said more importantly, it might take 10 to 15 minutes for 

them to get there. 

Mr. Pervical said in 2004 the City of Fairborn passed two levies. Mr. Bazelak agreed; they 

passed two temporary 10-year levies—one for police and fire and one for street improvements. 

Mr. Lewis recalled the street levy failed several times before it finally passed. 

Mr. Percival said if separate ballot issues are presented, it would be a way to guarantee those 

funds would go to those initiatives if approved.


Councilman Caupp noted if the ballot issue is approved, it would free up general operating 

dollars currently being utilized for police and fire debt service obligations. Mr. Lewis agreed; 

however, the current budget funding cannot be reduced after passage. 

Councilman Louderback asked if .25% could be for police and fire and .25% could be for streets, 

like Councilman Smith suggested. Councilman Smith said people are sympathetic to police and 

fire, and with the economy the way it is, he’d personally choose police and fire over streets. He 

wants to know if he calls 9-1-1, he will get a response. He now feels an income tax was the way 

to go vs. a property tax. Senior citizens would probably support an income tax increase because 

a) they will not have to pay it, and b) they generally support public safety. Mr. Bazelak 

reiterated if only a .25% income tax is approved, a negative cash flow is projected beginning in 

2013 and they would back to square one. Mr. Lewis said if the ballot issues are split, he felt it 

would be difficult to gain support of the other union groups. 

Mr. Bazelak said in regard to income tax, in a normal economic environment, income tax 

revenues will gradually increase. With property taxes, that is not the case. Mr. Percival said the 

3.5 mill operating levy that is in place now only generates $409,000 [because it is based on 

1970’s property values] and that number is capped; if the replacement levy had been approved, it 

would have “reset the bar” and it would have generated approximately $1.5 million [because it 

would be based on today’s property values]. 

Councilman Caupp asked Assistant Finance Director, Ryan Duke, and Assistant City Manager, 

Brent Merriman, their opinions. Mr. Duke said he believes the best approach is a .5% income 

tax increase all inclusive on one ballot. He noted there is growth built in to income tax revenue. 

Mr. Merriman agreed. If they choose to only present a .25% income tax increase or if two 

separate .25% income tax increases are presented and only one .25% increase is approved, they 

will be facing a budget deficit again in two years (2013). He further noted property taxes have 

been heavily tapped over the last few election cycles, and as mentioned, property tax revenue is 

capped with no growth. They can present the .5% income tax increase in May, and if it fails, 

they can try again or try something different in November. It puts them in a difficult spot if 

Council decides to go with something that will only help for a few years. 

Vice President Miller entertained additional comments or questions from Council. 

Councilwoman Felton had no further comments. She did not like the way the information was 

being presented. 

Councilwoman Mills said people generally do not like income tax increases, and she feels paying 

property taxes would be easier. Either way, the voters get to decide, and it’s up to Council to 

present the facts and sell it. They need to maintain safety services, but they cannot turn a blind 

eye to the survey results either. The people want street improvements. They need to do it all. 

Councilman Smith asked if they can promise the citizens of Xenia that they will bring back Parks 

and Recreation. Vice President Miller said no; they can hope for the best, but they cannot 

promise anything. Councilman Smith said they are asking citizens for more money, but they are 

not giving them back what was taken away, which is something they have said is important and 

something they want. Councilman Louderback said the survey indicated people want streets,


downtown revitalization, and parks and recreation. Those were the top three. Fire and Police 

were #4. For $144,000, they can bring back the Parks and Recreation Department. 

Councilwoman Felton noted she was called to take the survey, and she felt the questions were 

very biased; therefore, she did not think the results were believable in regard to Parks and 

Recreation. She feels the survey did not tell citizens that the City is broke. They should have 

had more questions dealing with Police and Fire. She feels Recreation is important for the kids, 

but there’s just no money for it right now. They should have been asked if they want to KEEP 

Police and Fire, and if so, how do they want to pay for it? Councilwoman Mills agreed. She 

desperately wants Parks and Recreation back, but she cannot promise something that she cannot 

deliver. Further, she does not want to jeopardize the safety of our City—we need to maintain 

police and fire service levels first. 

Councilman Louderback inquired about the current balance of the “Rainy Day Fund.” 

Mr. Bazelak said the current balance is approximately $2.7 million. Councilman Louderback 

asked why they couldn’t use some of that to bring back Parks and Recreation. 

Mr. Percival said the survey indicated citizens are looking for recreational opportunities, but 

Council and staff need to determine what is the best way to do that. Councilman Caupp agreed; 

people don’t want what we had … they want MORE. Yes, they want a basketball program, 

quality parks, quality recreation programs, etc., and a lot of other things. Mr. Percival said 

residents also want things that the City of Xenia cannot provide, such as a bowling alley and a 

movie theater. The City will never build, own, and/or operate anything like that. Councilman 

Caupp said people always mention that they want a bowling alley, but they are closing 

everywhere! Mr. Lewis said Xenia had a bowling alley … a really nice one … and it closed. 

Councilwoman Mills feels residents visit bowling alleys a few times a year, but not consistently. 

Also, she noted the participation numbers for Xenia’s Summer Programming (activities in the 

park from 9 a.m. to 2 p.m., Monday-Friday, and the schools provide a free lunch) has declined 

over the years. Sometimes there were more workers than children. Councilman Louderback felt 

that was a management failure. Councilwoman Mills said or maybe people just want something 

more or something different than what was being offered. 

Mayor Bayless said they need to keep the survey results in the forefront and figure out a way to 

present this information to the citizens of Xenia. Mr. Percival said they need to pull together a 

group of individuals to help them get this information out to the voters. Obviously with the 

Police and Fire component, their union reps will be in the forefront because their services have a 

direct impact on our citizens. He felt the street component was another critical issue, because the 

$150,000 that is in the current budget for street improvements is just not enough. 

Mr. Merriman distributed a handout regarding the 2020 Vision Plan and the 2010 Initiatives, 

which include the following and were identified by the Citizen Survey results: 

Levy Campaign Initiative 

Economic Development Strategy—He felt they need to look for private businesses to 

provide movie theaters, bowling alleys, etc. 

Downtown Revitalization Program 

Street Rehabilitation Strategy—Based on the proposed dollars that could be generated via 

an Income Tax increase, they need to determine a strategy for street improvements.


City Image Enhancement/Communications 

Recreation Enhancement Initiative—He noted the previous Parks and Recreation programs 

and construct didn’t work. They know that whatever the future holds, it needs to include 

the YMCA, Greene County Parks, BRACA, independent youth organizations, etc. 

Comprehensive Plan Review and Community Visioning 

2011 Budget and Financial Contingency Planning 

Mayor Bayless said they really need to look at what’s good for our youth. It is easy to mention 

movie theaters and bowling alleys, but is that really what we need? Councilwoman Mills said 

the City has already supported the youth basketball program, which would not have come to 

fruition without the City’s financial help. The city is not running the program, but due to our 

support, the program is up and running. She felt the City needs to continue to pursue 

recreational opportunities like that. We can help them, but we don’t need to be responsible and 

run the programs, which would certainly be cheaper than hiring a Recreation Director and 

subordinate staff. Mr. Lewis commented that the City of Beavercreek lists all of Greene 

County’s programs along with their own in their recreation brochure. It makes it seem as though 

the City of Beavercreek is providing tons of programming, but in reality, they are just providing 

information on all the recreational opportunities available to their citizens. 

Councilman Caupp asked they get back on track and determine what they need to accomplish 

today. Vice President Miller said they need to decide the best approach to get more revenue into 

this City—Income Tax or Property Tax ballot initiative? Mr. Bazelak said if an Income Tax 

initiative is chosen, he has several versions of legislation to choose from: Option 1) One 

Ordinance for a .5% increase to include police, fire and streets; Option 2) One Ordinance for 

.25% increase for police and fire only; and Option 3) One Ordinance for a .25% increase for 

street improvements only. If Option 1 is not chosen, Council can decide to present both Options 

2 and 3 or they can choose just one. He recommends Option 1—a .5% income tax increase for 

police, fire, and street improvements presented as one ballot question. He reminded Council 

only an introduction is being requested today; a second reading would be scheduled for 

January 14, 2010. 

Councilman Louderback said his choice is the .5% income tax increase, all inclusive. Mr. Lewis 

felt if the issues were separate on the ballot, the police and fire unions would work hard to sell 

their issue, but the same effort may not be applied for the other issue. 

Vice President Miller also felt the .5% increase, all inclusive, was the best choice. They can 

attack it from all different angles … police, fire, streets, etc. Another angle is the City of Xenia 

has only received one raise in 30 years. If they go with only a .25% increase, they will be facing 

another deficit in a mere 2 years. Mr. Lewis felt the main way to “sell it” is to tell people the 

facts … which is, if the increase does not pass, there will be 10 public safety layoffs. 

Councilwoman Felton said the City cannot handle anymore police and fire layoffs/reductions. 

Councilman Smith asked for an explanation on how the proposed revenue would be spent. 

Mr. Percival said $500,000 would be spent on street improvements (resurfacing). Councilman 

Smith asked if that included costs associated with snow removal. Mr. Percival said no. He 

recalled several years ago, it was estimated it would cost upwards of $15 million to rehabilitate 

all the streets in Xenia. This projected $500,000 per year would start us down that path.


Mr. Lewis asked if street improvements could be financed, so the City could accomplish more 

improvements sooner and pay for it later. Mr. Percival said the city would need a bond for that, 

but a thought to consider is we don’t have the staff to do the prep work and/or to inspect the 

projects. Mr. Merriman further noted the bonding market is not looking good. Mr. Lewis said 

he was talking about debt financing, and paying back the debt service with the revenue generated 

from the levy. 

Councilman Smith inquired about the second item on the list, which is “Misc. Program 

Restoration and Economic Development”. He asked if that would address the lack of recreation. 

Mr. Percival said it would in part. A portion of the proposed revenue would be used to reinstate 

monetary donations made to the Xenia Adult Recreation and Services Center ($10,000 annually), 

Community Funding Program, etc. 

Vice President Miller said he realizes this is a hard decision for them, especially for the two new 

members. Councilman Smith said his concern is they took away the Parks and Recreation 

Department to save dollars, and now we are asking the citizens for more dollars, but we are not 

giving Parks and Recreation back to them. Councilman Caupp said no; instead, we are giving 

them hard core stuff—Police Officers and Firefighter/Paramedics and smooth streets. Those are 

vital services—Parks and Recreation is fluff. Councilman Smith agreed, but the promise of 

Parks and Recreation might be what sells it—“the ribbon on the package.” 

Councilman Caupp wondered what the yards signs, etc., would say … how will the message 

encompass police, fire, streets, etc. Mr. Lewis said whatever they say, it needs to be one 

campaign and one message and one sign. They need to send one message with each group 

working toward one common goal. 

Councilwoman Mills agreed with Councilman Smith in regard to “the ribbon on the package.” Is 

there a way the City could state they are addressing parks and recreation needs without promising 

to bring it back? She noted many of the previous recreation programming has been taken over by 

private groups, including the Easter Egg Hunt, the Fishing Derby, and the Youth Basketball 

Program. She feels the City can help those groups as well as other groups financially without 

being “in charge” of them. They can tell citizens that police and fire personnel and services will be 

maintained, streets will be improved, and recreation programs are being evaluated. 

Mayor Bayless asked what age groups were 

contacted for the recent survey. 

Mr. Percival said all age groups were 

contacted: 18-24, 25-34, 35-44, 45-54, 55- 

64, and 65+. He noted the largest 

representation included 35-44 and 65+, with 

45-54 a close third. 

Mr. Percival said in regard to recreation 

programming, they need to do a better job. 

What they were doing in the past was not 

working. Mayor Bayless asked if the 3F Coaching Group would be asked how to do that. 

Mr. Percival said yes. Mr. Bazelak agreed they are not sure where to go with Parks and 

Recreation, nor do they know what level of programming they would be bringing back.


Councilwoman Felton felt they need to present this ballot question as a public safety issue. 

Mr. Lewis said there are key words and catch phrases that could be used. He noted “recreation” 

to one person may mean something completely different to somebody else. 

Councilman Louderback felt they should partner with Greene County Parks and Recreation. 

Councilwoman Felton said the County is talking about cutting jobs and/or services. 

Councilwoman Mills said they could provide financing for certain programming. Councilman 

Louderback asked who would initiate a meeting with Greene County. Mr. Percival said he 

would. 

Councilman Caupp introduced ORDINANCE AUTHORIZING THE CITY OF XENIA, OHIO, 

PURSUANT TO OHIO REVISED CODE SECTION 718.01(C) TO PLACE ON THE BALLOT 

AT THE PRIMARY ELECTION ON MAY 4, 2010, A PROPOSED ORDINANCE 

AMENDING SECTION 880.03 IMPOSITION OF DIRECT TAX OF THE XENIA CODIFIED 

ORDINANCES, AND SECTION 880.04 IMPOSITION OF WITHHOLDING TAX OF THE 

XENIA CODIFIED ORDINANCES TO INCREASE THE TAX RATE BY ONE-HALF 

PERCENT (0.5%) FOR THE PURPOSE OF MAINTAINING CURRENT POLICE AND FIRE 

SERVICE LEVELS, STREET IMPROVEMENTS, AND OTHER GENERAL CAPITAL 

IMPROVEMENTS, and it was read for the first time. 

Councilman Caupp said now that the Ordinance is introduced, they need a Gantt chart to list all 

things that need to be done prior to the vote on May 4 th . During the renewal [3.5 Mill Operating 

Levy] campaign, all they heard were complaints about what wasn’t done. Councilwoman Felton 

said “they” can’t do it … they need a levy committee for that. Mr. Lewis said that was correct. 

Mr. Bazelak said an internal levy committee can provide educational material, but the material 

nor can they say say “Vote Yes.” Councilman Caupp said either way, Council needs to stay 

informed and follow up to be sure things are being done in a timely fashion. Mr. Bazelak said 

they will discuss the need for a Treasurer/Political Action Committee (PAC) separate from the 

Police/Fire and Public Service PACs at a later date. Mr. Lewis said there are already PACs in 

place and he did not see a reason to duplicate that; however, there is a need for a campaign 

committee. Any money could be ran through the existing PACs. 

Councilman Louderback asked when the second reading and vote for the above ordinance would 

be conducted. Mr. Bazelak said the second reading and vote would be conducted on January 14, 

2010. If passed, a Resolution to place it on the ballot will be presented for an introduction on 

January 28, 2010, with a second reading on February 11, 2010. All documentation needs to be 

submitted to the Board of Elections by February 18, 2010 (75-day window). Councilman 

Louderback how much the Board of Elections will charge the City to put this on the ballot. 

Mr. Bazelak said because it is a primary election, it would be approximately $4,500. 

Councilman Caupp felt educational materials need to be included in every utility bill leading up 

to election day. Councilwomen Mills and Felton both felt the stamp on the outside of the utility 

bill envelope that said “Important Information Enclosed” was helpful. 

Vice President Miller asked how each Council member felt about staff’s recommendation. 

Councilwoman Mills said she was in favor of a .5% income tax increase as one ballot question.


Councilwoman Felton said if recreation is part of the equation, she will vote no, because they 

don’t know what they are doing with recreation yet. If they even mention recreation, they need 

to be very generic. Even if they have $144,000 … that is not a recreation program, that is just 

for the Director, fringe benefits, and a little extra money. 

Councilwoman Felton said she also does not like the first item on the list, which is to restore 

select positions. She only wants to restore fire and police positions. Mr. Bazelak said they need 

to determine which positions to restore—it could be dealt with on a case-by-case basis. 

Councilwoman Felton said this income tax increase does not guarantee anything except that 

current services and staffing levels in police and fire will be maintained and there would be 

money for street improvements. Mr. Bazelak said they are trying to address a number of issues, 

which includes Parks and Recreation, position restoration, streets, and other things mentioned in 

the Citizen Survey. A work session will need to be held to discuss those issues. 

Mayor Bayless said they need to show citizens why the money is needed. They also need to 

show that there has been good fiscal management—that is not the issue. Mr. Bazelak agreed—it 

is not an expenditure problem, it is a revenue problem. It will be a tough sell given the current 

economic conditions and with the schools recently passing their levy. But as it was stated 

earlier, the City has only received a .25% increase in 30 years, which was voted on in 1991. 

A brief conversation ensued regarding the need for upcoming Council work sessions to discuss 

the levy and to continue with the 2010 budget review. They decided to meet prior to the regular 

session on January 28 th at 5:30 p.m. and again on Saturday, January 30 th , at 9 a.m. 

ADJOURNMENT: Motion by Councilwoman Felton, seconded by Councilman Louderback, 

to adjourn the Special Session at 5:26 p.m. No discussion followed. The Roll on this was the 

following: 

Ayes: Smith, Caupp, Louderback, Mills, Felton, Bayless, and Miller 

Nays: None motion carried. 

Michelle D. Johnson, Clerk 

Xenia City Council 

William R. Miller, Vice President 

Xenia City Council



Executive Session 

6:15 p.m. 

The Xenia City Council met in an Executive Session on January 14, 2010, at 6:15 p.m., in the 

First Floor Conference Room, City Hall, with the following members present: Wesley Smith, 

Dale Louderback, Jeanne Mills, Patricia L. Felton, Marsha Bayless, and William R. Miller. 

John Caupp was absent (excused on Page 8). 

Motion by Councilwoman Mills, seconded by Councilman Louderback, to meet in Executive 

Session to discuss Personnel Matters. No discussion followed. The Roll on this was the 

following: 

Ayes: Mills, Louderback, Miller, Smith, Bayless, and Felton 


The City Council met in Executive Session to discuss Personnel Matters. 

Regular Session 

7:00 p.m. 

At 7:00 p.m., the Xenia City Council adjourned their Executive Session and convened in a 

Regular Session in the City Council Chambers, City Hall, with the same members present. 

INVOCATION: Joanne Tarver, Greater Grace Church, Springfield, gave the invocation, after 

which all joined in the Pledge of Allegiance. 

SWEARING IN MAYOR AND COUNCIL MEMBERS: Mr. Lewis presided over the 

swearing in of Mayor Bayless, Councilwoman Mills, and Councilman Smith, who were 

accompanied by family members. (Applause followed each ceremony.) 

Mayor Bayless thanked everyone for coming out this evening. People have come from near and 

far. She certainly supports her church members, sorority members, family, and friends who 

traveled here this evening in support of this great event, and she will do her best with their 

prayers. She thanked former Mayor Phyllis Pennewitt for being extremely supportive. 

Mrs. Pennewitt could not be here this evening because she over did it a little bit yesterday, but 

her husband, Don, is here which she certainly appreciates. (Applause followed.) 

Vice President Miller requested that Council take a break at 7:15 p.m. so the audience could 

disperse. Council reconvened at 7:25 p.m. with the same members present. 

REORGANIZATION OF COUNCIL: Vice President Miller turned the chair over to Mayor 

Bayless to assist Law Director Ron Lewis in City Council’s reorganization. Mayor Bayless 

invited Mr. Lewis to distribute ballots to all Council members to establish the Council President 

for 2010. Mr. Lewis reminded Council they should cast only one vote and sign their ballot. 

Councilman Louderback stated he would not like to be considered as a candidate for President or 

Vice President.

XCC Meeting Minutes, January 14, 2010, Page 2 

VOTE FOR PRESIDENT: 

1. Council members cast their votes, and Mr. Lewis collected and reviewed the votes. He noted six 

votes were cast for four candidates. Councilman Miller received three votes and Councilwoman 

Felton, Councilwoman Mills, and Councilman Caupp received one vote each. They could do a 

run off, but since Vice President Miller received three votes, that would constitute a majority. 

Therefore, William R. Miller was declared City Council President for 2010. Mr. Lewis then 

distributed ballots to all Council members to establish the Council Vice President for 2010. 

Council members cast their votes and Mr. Lewis collected and reviewed the votes.* 

Vice President Miller said he assumed the office of Council President required four votes. 

Mr. Lewis noted six ballots were cast, and Councilman Miller received three votes, and three 

other Council members received one vote each, which is a clear majority. President Felton said 

passage of an ordinance requires four votes for a majority. Mr. Bazelak noted this is not an 

ordinance. Mr. Lewis said Council could vote again, but he assumed the results would be the 

same – maybe not. Vice President Miller thought the majority of Council would be four 

members. He would rather Council vote again for the office of President. *Councilwoman 

Felton felt the votes cast for Vice President should be voided until the ballots for President are 

cast because the outcome for Vice President could change. 

2. Mr. Lewis again distributed ballots to all Council members to establish the Council President. 

Council members cast their votes, and Mr. Lewis collected and reviewed the votes. He noted 

Vice President Miller received three votes, Councilwoman Mills received two votes, and 

Councilwoman Felton received one vote. He assumed Council would want to cast another ballot. 

Councilman Louderback said this could go on all night! Mr. Lewis agreed it could. Councilman 

Louderback asked what was wrong with accepting three votes as a majority. Vice President 

Miller said he has been on Council for ten years and they have never accepted three votes as a 

majority; four votes have always constituted a majority. Councilman Louderback said they have 

probably always had seven Council members present; however, tonight there are only six 

members present. Councilwoman Felton noted Council has had to cast ballots more than once in 

the past. Vice President Miller agreed; sometimes it has taken as many as four rounds. 

3. Mr. Lewis distributed ballots for President again. Council members cast their votes, and 

Mr. Lewis collected and reviewed the votes. He noted Councilman Miller received three votes, 

Councilwoman Mills received two votes, and Councilwoman Felton received one vote. 

Vice President Miller asked Mayor Bayless what she would like Council to do. Mayor Bayless 

felt Council needed to make a decision before the next votes were cast. Councilwoman Felton 

said she told people how she felt. Vice President Miller said Councilwoman Felton did not tell 

him. Councilwoman Felton asked Vice President Miller if he wanted her to tell everybody how 

she felt if there is another tie. Vice President Miller said Councilwoman Felton could do 

anything she wanted. Councilwoman Felton agreed. 

4. Mr. Lewis distributed ballots for President again. Council members cast their votes, and 

Mr. Lewis collected and reviewed the votes. He noted Councilman Miller received three votes 

and Councilwoman Mills received three votes. 

5. Since there was a tie, Mr. Lewis distributed ballots again. Council members cast their votes, and 

Mr. Lewis collected and reviewed the votes. He noted Councilman Miller received three votes, 

Councilwoman Mills received two votes, and Councilwoman Felton received one vote. Vice 

President Miller thought a three/three tie vote would be a run-off between the two candidates.


6. Mr. Lewis said he would distribute ballots one more time; however, technically a three/three tie 

could mean they get the same results since only six Council members are present. Council 

members cast their votes, and Mr. Lewis collected and reviewed the votes. He noted the results 

were the same. Councilman Miller received three votes and Councilwoman Mills received three 

votes. 

Mayor Bayless asked what Council should do. Vice President Miller said the decision was up to 

the majority of Council. He wanted to make sure the election was fair. Although he had a 

majority of the votes [three votes after the first ballots were cast], he did not feel comfortable with 

it and he believed Councilwoman Mills also did not feel comfortable. He offered to have Council 

vote again with the hope that the problem would be solved. If re-voting is not going to solve the 

problem, they won’t finish the meeting. 

Mr. Lewis stated one Council member would need to receive four votes. He did not know if 

Council wanted to caucus in the hallway or what they wanted to do. It is not very fruitful to keep 

passing out ballots if everyone keeps voting the same way. Mayor Bayless asked what Council’s 

pleasure was? President Miller asked if Council would like to caucus. He asked if Council could 

meet in the conference room downstairs or in the hallway. Mr. Lewis said Council could meet 

anywhere they like as long as no more than three Council members are present at the same time. 

Vice President Miller said since he was Vice President last year, he asked every Council member 

for their support in electing him as the 2010 Council President. He did not hide his intentions. 

Everyone knows his experience and he has been President before. He felt he would do a good job 

this year, which is why he asked for the nomination. Other than that, he had nothing else to say 

except that his term in office should show his experience. 

Councilwoman Mills said she asked Council members for their vote. She has the experience of 

being Vice President, just like Vice President Miller, but she has not had the opportunity to be 

President. She believes she can handle the position and has the time required. She believes she 

has the experience to run City Council. Truth be told, if they want to talk about experience, the 

person present with the most experience is Councilwoman Felton. If that is the criteria, maybe 

everyone should rethink their vote. 

Councilman Louderback asked Councilwoman Felton if she was interested in being President of 

Council. Councilwoman Felton said yes, but she did not go out and solicit votes. Councilwoman 

Mills said she only asked once; she did not run a campaign. Vice President Miller said he asked 

once, which is the way it normally happens. Councilwoman Felton said she did not campaign for 

the office of President, but felt this year would be one of the most critical years in the City of 

Xenia with the budget deficit, putting a levy on the ballot, etc. She has done a good job as 

President before. Since her health is a lot better, she feels it is something she can do, which she 

could not have done last year. She missed two Council meetings last year and one Planning and 

Zoning meeting. She has kept up and done more in her position on Council; those are her 

qualifications. 

Mr. Lewis clarified Councilman Louderback was still maintaining that he was not interested in 

either position. Councilman Louderback said yes. He appreciated hearing what Councilwoman 

Felton shared. 

7. Since they have heard from all potential candidates, Mr. Lewis asked Mayor Bayless if she would 

like Council to cast ballots again. Mayor Bayless said yes. Mr. Lewis distributed ballots to all 

Council members to establish the Council President. Council members cast their votes and 

Mr. Lewis collected and reviewed the votes. He announced Patricia L. Felton was elected City 

Council President for 2010. (Applause followed.)


VOTE FOR VICE PRESIDENT: 

1. Mr. Lewis distributed ballots to all Council members to establish the 2010 Council Vice 

President. Council members cast their votes and Mr. Lewis collected and reviewed the votes. He 

announced Jeanne Mills was elected City Council Vice President for 2010. (Applause followed.) 

Mayor Bayless congratulated President Felton and Vice President Mills. She requested Council 

take a break at 7:40 p.m. to allow Council members to change their seating arrangements. 

President Felton reconvened the meeting at 7:45 p.m., with the same members present. She 

thanked Council very much for their vote. For the citizens, this is going to be an interesting year. 

We need your support. According to the balance sheet Council has been studying, the city will 

be $500,000 in debt shortly. The city has reserve money to do the things they need to do right 

away. But when they start talking about needing money, please listen, call, and ask questions 

because it is going to be important to maintain services, but not add a lot of services. 

APPROVAL OF MINUTES: Motion by Vice President Mills, seconded by Councilman 

Louderback, to approve the December 29, 2009, Regular Session minutes as written. No 

discussion followed. The Roll on this was the following: 



SPECIAL PRESENTATION: Existing Condition Assessment Phase of Going Places: An 

Integrated Land Use Vision for the Miami Valley Region by Martin Kim, Director of 

Regional Planning of MVRPC. Mr. Percival introduced Mr. Martin Kim, Director of the 

Miami Valley Regional Planning Commission. This is a presentation regarding the Integrated 

Land Use Vision for the Miami Valley Region. 

On behalf of the 76 members of the Board of Directors of the MVRPC, Mr. Kim thanked 

Council for giving him the opportunity to provide the status of where they are with Going 

Places. He then proceeded with his PowerPoint presentation.

XCC Meeting Minutes, January 14, 2010, Page 5

XCC Meeting Minutes, January 14, 2010, Page 6


Mr. Kim said a workshop is being held tonight in the City of Beavercreek. They have already 

conducted five workshops and have 12 more to go. They will be conducting a workshop in the 

Xenia area [on January 27 th ] to allow people to share their vision. People may have heard their 

radio ad or seen their television ad about the workshops, but nothing works better than word of 

mouth. They are trying to reach out to as many people as possible. Please help them get the 

word out about the workshop by talking to your neighbors, friends, and colleagues to they can 

participate. 

President Felton entertained questions from Council. 

Councilman Louderback commented that he hoped Mr. Kim was wrong about one thing. One 

slide noted the region is shifting from a production-based economy to a service-based economy. 

General Motors announced today that they are opening up several of their automotive plants. 

We went from a country of making things to not making things. He might be a little bit old 

fashioned, but until we get back to that, it is one of the reasons the population in the Dayton area 

is down is because of the loss of jobs at General Motors. He hopes they are a manufacturingbased 

economy and not a service-based economy. Mr. Kim said MVRPC would closely monitor 

where the region is going. 

President Felton asked where the January 27 th workshop would be held. Mr. Kim said the 

workshop would be held at Job and Family Services, 541 Ledbetter Road, from 6 p.m. until 

7:30 p.m. Refreshments will be provided.


President Felton clarified MVRPC is only projecting a 3% population growth. Mr. Kim said that 

was correct. They see a lot of population movement within the region; however, they don’t see a 

lot of net growth in the region based on the historical trend of what they have observed so far. 

Once the Going Places Initiative is completed, it will not be the end of the regional effort to 

come together, but rather the beginning of the next step, which is all of the partners and 

stakeholders coming together and working toward the same shared vision so they can bring more 

people and jobs than they anticipate at this point in time. Considering that Going Places is the 

beginning of the next phase of their regional effort, five years from now, he hopes he can come 

back and tell Council he was so wrong because they all worked together to make our region a 

better place for our city. 

Councilman Louderback said he received an e-mail from MVRPC today. MVRPC announced 

they will be responsible for administering a $1.5 million grant to provide job training and 

develop “green jobs” in the Dayton Area. He asked Mr. Kim if he predicted the grant would 

result in more jobs. At this point, Mr. Kim said that would be hard to say. Known as the 

“Pathways out of Poverty” grant program, the funds are designated to support programs that help 

disadvantaged populations find ways out of poverty and into economic self-sufficiency through 

training and employment in “green jobs,” including deconstruction, energy efficiency, and 

renewable energy industries. 

Councilman Miller introduced a RESOLUTION ENDORSING THE EXISTING CONDITION 

ASSESSMENT PHASE OF GOING PLACES – AN INTEGRATED LAND USE VISION FOR 

THE MIAMI VALLEY REGION, and it was read for the first time. 

Motion by Councilman Louderback, seconded by Councilman Miller, to excuse Councilman 

Caupp from the meeting. No discussion followed. The Roll on this was the following: 



AUDIENCE COMMENTS: President Felton explained the procedures for audience comments 

and invited anyone who wished to speak to come forward. No one came forward to speak. 

REPORTS OF COMMITTEES: President Felton said since Councilman Caupp is absent, he 

will be asked to give the Traffic Commission and Greene County Regional Planning 

Commission reports at the next meeting. 

Board of Zoning Appeals. President Felton said there was no BZA meeting in 

December due to lack of agenda items. 

President Felton noted former Mayor Pennewitt always gave her Monthly Report at Council 

meetings, but she was unable to give her report at the last meeting because she was not feeling 

well. Through December 9 th , Mayor Pennewitt attended 19 functions for the City of Xenia. 

Although she has a copy of Mayor Pennewitt’s Report for December, she will not read it, but it 

will be entered into the official record. (See below.) 

12/01/09 Attended Red Cross “The Ruby Society & Tiffany Circle Tea” 

12/05/09 Presented a Proclamation to Rosemary Fawley 

12/08/09 Attended Band of Flight 

12/09/09 Judged door decorations at John Sale Manor


12/11/09 Austria Christmas Party Proclamation 

12/11/09 Attended annual Hometown Christmas 

12/12/09 Attended 115 th anniversary luncheon of the Catherine Green Chapter of the 

Daughters of American Revolution 

12/14/09 Presented medallions to Robert Hall and Donald Cline 

12/15/09 Attended Chamber of Commerce 

12/29/09 Attended reception at City Hall 

ITEMS FROM CITY COUNCIL AND MAYOR: Appointment to Civil Service 

Commission. President Felton noted Jackie Fuller’s term on the Civil Service Commission 

expired on 12/31/09, and she chose to not be reappointed, which created a vacancy on the 

Commission. She entertained a motion to appoint Mr. Michael Engle to fill a vacancy on the 

Civil Service Commission with a term expiring on December 31, 2014. 

Motion by Councilman Miller, seconded by Councilman Louderback, to appoint Mr. Michael 

Engle to the Xenia Civil Service Commission with a term expiring on December 31, 2014. Brief 

comment followed. Councilman Miller said he was thankful that Mr. Engle “came back into the 

fold” as a volunteer for the city. He did a fabulous job when appointed to fill a vacancy on City 

Council. President Felton agreed. The Roll on this was the following: 



OLD BUSINESS: President Felton asked Mr. Percival to share the discussion he had with 

Mr. Kidder. Mr. Percival noted William Kidder spoke at the December 29 th Council meeting 

regarding two issues. One issue was a tree blocking a stop sign, which staff was able to take care 

of the next day. Mr. Kidder also asked how much money had been collected since the inception 

of the stormwater fee. Four years ago, the city began collecting stormwater fees. He shared with 

Mr. Kidder that approximately $375,000 has been collected. President Felton thanked 

Mr. Percival for following up with Mr. Kidder. 

Councilman Louderback said four months ago he asked for a meeting to be arranged with State 

Representative Jarrod Martin so Council could discuss jobs in Xenia; however, that meeting has 

never been arranged. He would still like that meeting to be arranged. In the past, he spoke with 

Chief Leaming about residential sprinkler systems for new construction which will save lives 

and property. Chief Leaming stated he would make a presentation to Council, but that has not 

yet happened. President Felton asked Mr. Percival to follow up on Councilman Louderback’s 

concerns. 

REPORTS OF CITY OFFICES: 

City Manager’s Office: 

Consider appeal of the denial decision of Xenia Planning and Zoning Commission: 

Request for Minor Modification relative to setbacks of radio antenna constructed on 

2153 Schwinn Avenue, Lot 152, Section 9 at Wright Cycle Estates PUD. Mr. Percival said 

the appellant asked that the agenda item be pulled due to a death in his family. The item will be 

placed on the January 28 th meeting agenda.


Award of Bid for Police Division Uniforms. Mr. Percival noted a Request For 

Proposals (RFP) was developed by the Police Division for uniform items and was advertised on 

the City of Xenia Website on November 23, 2009. Two bids were received on December 16, 

2009, from Chief Supply and Uniforms Etc. 

Mr. Percival respectfully requested that Council award the bid for 2010 Police Division uniforms 

and authorize the execution of Purchase Orders to Chief Supply and Uniforms Etc. for their 

lowest bid on individual items as requested (provided they meet City specifications). 

Motion by Vice President Mills, seconded by Councilman Louderback, to award the bid for 2010 

Police Division Uniforms and authorize the execution of Purchase Orders to Chief Supply and 

Uniforms Etc., respectively, for their lowest bid on individual items as requested (provided they 

meet City specifications). Brief comment followed. Chief Person said the only reason they go 

through this every year is because the aggregate purchases exceed the $7,500 threshold. The 

Roll on this was the following: 



Emergency appropriation ordinance for Contract A and Little Miami River Stream 

Restoration projects; authorize City Manager to execute a revised contract with Malcolm 

Pirnie; authorize City Manager to execute a change order with Evans Landscaping. 

Mr. Percival respectfully requested that Council pass an Emergency Ordinance appropriating 

funds into the 2010 temporary budget to offset loan and grant proceeds for the Contract A and 

Little Miami River projects; authorize him to execute a revised contract with Malcolm Pirnie; 

and approve a Change Order with Evans Landscaping for the Little Miami River Stream 

Restoration Project. Funds are included in the appropriation ordinance to allocate the Phase 2 

funding of the Hooven and Allison Cleanup and $10,000 is allocated to begin the education 

process for the upcoming levy request. He noted Jason Tincu, Utilities Manager, was available 

for questions regarding Contract A and the Little Miami River projects relative to the 

Wastewater System. He offered to answer questions on the Hooven and Allison Project. 

Vice President Mills presented an ORDINANCE AMENDING ORDINANCE 09-83 TO MAKE 

ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE CITY 

OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010, AND 

DECLARING IT TO BE AN EMERGENCY. 

Motion by Vice President Mills, seconded by Mayor Bayless, that the rules requiring the reading 

of an ordinance at two consecutive meetings be dispensed with and this ordinance be placed at 

once upon its passage. No discussion followed. The Roll on this was the following: 



Motion by Vice President Mills, seconded by Mayor Bayless, that Ordinance Number 10-01 be 

now passed. No discussion followed. The Roll on this was the following: 


Nays: None motion carried.


Motion by Councilman Miller, seconded by Vice President Mills, to authorize the City Manager 

to execute a revised contract with Malcolm Pirnie of Columbus in an amount not-to-exceed 

$244,417.00 and a Purchase Order in said amount for engineering, design, construction 

administration, and post-project sampling and reporting. No discussion followed. The Roll on 

this was the following: 



Motion by Vice President Mills, seconded by Councilman Louderback, to authorize the City 

Manager to execute a change order with Evans Landscaping in an amount not-to-exceed 

$4,593.00 for the construction of the project. Discussion followed. President Felton asked if 

Evans Landscaping would be doing work on the Little Miami River after they fix the problem 

with the outfall. Mr. Percival said yes. Evans Landscaping will realign the river back to a more 

natural state and protect the sides of the river bank where it eroded, which is critical to the city 

because it protects our outfall at the Ford Road Wastewater Treatment Plant. All phases of this 

project are grant funded with no City funds being expended. The Roll on this was the following: 



Items for the City Manager: None. 

Finance Director’s Office: 

Schedule of Bills: Mr. Bazelak presented payment of bills totaling $214,441.37. 

Motion by Councilman Louderback, seconded by Councilman Miller, to approve payment of 

bills totaling $214,441.37. Discussion followed. 

Page 1, Belmont Labs: lab testing. Mayor Bayless asked for an explanation of the charges. 

Mr. Percival said it is for all the lab testing for the Wastewater and Water Treatment Plants. They 

have to test all the outflow from the WWTP and all the water they put out into the Water System. 

Staff does conduct testing in-house; all out-of-house testing is done by Belmont Labs. 

Page 8, Rumpke: November Refuse Collection. Mayor Bayless noted November Refuse 

Collection charges were shown twice with different amounts ($72,372.89 and $13,438.33). 

Mr. Percival said he would have to look into the charges further. He assumed the $13,438.33 was 

for the dumpsters but the $72,372.89 was the monthly collection fee. He thought the $13,438.33 

was associated with street sweeping, but he would need to look into it and get back with her. 

The Roll on this was the following: 



Items for the Finance Director: None. 

Law Director’s Office: 

Introduction of Ordinances and Resolutions: None.


Second Readings of Ordinances and Resolutions: Mr. Lewis presented a 

RESOLUTION AUTHORIZING THE ADVANCE PAYMENT OF TAXES FROM THE 

FEBRUARY AND AUGUST SETTLEMENTS FROM THE GREENE COUNTY AUDITOR 

FOR THE CALENDAR YEAR 2010, and it was read for a second time. 

Motion by Councilman Miller, seconded by Councilman Louderback, that Resolution Number 

10-A be now passed. No discussion followed. The Roll on this was the following: 



Mr. Lewis presented an ORDINANCE AUTHORIZING THE CITY OF XENIA, OHIO, 


AT THE PRIMARY ELECTION ON MAY 4, 2010, A PROPOSED ORDINANCE 



XENIA CODIFIED ORDINANCES TO INCREASE THE TAX RATE BY ONE-HALF 

PERCENT (0.5%) FOR THE PURPOSE OF MAINTAINING CURRENT POLICE AND FIRE 

SERVICE LEVELS, STREET IMPROVEMENTS, AND OTHER GENERAL CAPITAL 

IMPROVEMENTS, and it was read for a second time. 

Motion by Vice President Mills, seconded by Councilman Louderback, that Ordinance Number 

10-02 be now passed. No discussion followed. The Roll on this was the following: 



Items for the Law Director: None. 

READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback 

welcomed Mayor Bayless and Councilman Smith. It will be pleasure working with them. He 

announced that Jim and Denise Percival are now grandparents – they have a grandson! He 

offered congratulations on the birth of Wyatt Sawyer Percival. 

Vice President Mills also welcomed Mayor Bayless and Councilman Smith. She is looking 

forward to working with them in moving the city forward. It will be interesting, entertaining, 

and hard work but very well worth it. She was concerned that safety personnel are sometimes 

unable to see residential house numbers if there is an emergency and unable to access fire 

hydrants when it snows. For resident’s own safety, it is very important to have their house 

numbers visible for safety services. 

Mayor Bayless thanked everyone for attending the meeting. Those who could not come out are 

watching the meeting on television. She again thanked her family who has been so supportive, 

especially her 91-year old mother who goes wherever she goes. She pledged to do her part. She 

loves Xenia and will do all she can to continue the great work that former Mayor Phyllis 

Pennewitt has done. She also thanked her church’s videographer for coming to the meeting to 

tape her induction. President Felton asked Mayor Bayless if she would be doing a monthly 

Mayor’s report. Mayor Bayless said she was still considering that. Councilman Louderback said


Council would talk to her about that. Mayor Bayless said she may do a monthly PowerPoint! 

(Laughter followed.) 

Councilman Smith thanked the voters for the opportunity to serve our great City of Xenia. He 

also thanked the citizens of Xenia for their support. He especially wanted to thank his family for 

their support and commitment for the next four years. He also thanked the City of Xenia 

employees and the Appointed Officials. He met with the Appointed Officials and many 

members of Council and everyone has made him feel very welcome. He will do the best he can 

for the citizens of Xenia. He is very accessible through e-mail or phone if they have a concern. 

A priority of his will be public safety, which he pledged during his campaign. The City of 

Xenia, as well as the country, is struggling with finances at this time. He still receives a lot of 

comments and concerns from citizens about recreational youth opportunities in the city. He will 

work with Council to see what they can do to institute recreational programs as funds are 

available. 

Councilman Miller said January is a busy month for his family. He extended “Happy Birthday” 

wishes to his 89-year old father, his 89-year old mother, his son, his wife, and his nephew, Keith. 

He noted both his parents are World War II veterans. He hopes his family and Council has a 

wonderful and prosperous year. 

President Felton thanked everyone for their support as President. She will try to do a good job at 

keeping everybody informed of what is going on. One of her main issues for Council is that they 

work together and share information. When she sends an e-mail to the City Manager, she sends 

it to everyone because she thinks it is important that they all know what is going on. She will 

also share information with Council on what happens in her weekly meetings with the Appointed 

Officials. If Council has something they would like her to bring up, please let her know. 

Council has to be together this year to move the city forward. They may not always agree but 

the majority rules. If she votes “nay” on an issue, you will not see anything in the paper or on 

television about her bad mouthing the city or discussing what happens. She loves Xenia and is 

proud of this city. We have so many opportunities to move ahead. Finally, she needs to know if 

Council members are interested in serving on certain Boards or Commissions so she can move 

forward with appointments at their next meeting. 

ADJOURNMENT: Motion by Councilman Miller, seconded by Vice President Mills, to 

adjourn the Regular Session at 8:30 p.m. No discussion followed. The Roll on this was the 

following: 





Patricia L. Felton, President 


City of Xenia 



5:30 p.m. 

The Xenia City Council met in a Special Session on January 28, 2010, at 5:37 p.m., in the City 

Council Chambers, City Hall, with the following members present: Jeanne Mills, John Caupp, 

Dale Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

Citizen Survey and Focus Group Discussion. Mr. Percival said tonight they want to discuss 

the community survey that was completed, the focus group, and information garnered from some 

of those groups and how they can use that information to help guide them. He then proceeded 

with the PowerPoint presentation titled, Strategic Initiatives Update, Q1 2010: Vision Planning, 

Focus Group, Levy Education, Citizen Survey. 

COMMUNITY SURVEY REVIEW 

Survey Details: 

• Wright State University—Center for Urban & Public Affairs 

• Survey conducted from 11/5/09 – 12/3/09 

• 90 questions 

• 400 individuals living in Xenia surveyed (49% response rate) 

• Scientifically significant survey 

Demographics Profile: 

• Education: 

• 95% High School Diploma/equivalent 

• 20% of those also had college degree 

• 8% of those also had post-graduate degree (Master’s or PhD) 

• 57% Female; 43% Male 

Mr. Percival noted almost 65% of the respondents had lived in Xenia for 20 years or more, 

which indicates our population is stable and there is some buy-in because the folks have been a 

part of this community for a long time. 

Citizen Satisfaction: 

• Satisfaction with Xenia as a place to live: 85% 

• Describe the Xenia you would like to live in: 

• 62.5%: “Community with convenient access to employment, dining, and shopping”

XCC Special Session Meeting Minutes, 01-28-10, Page 2 

• 17.8%: “Community with a vibrant downtown” 

• 10.3%: “Bedroom’ community” 

• 9.3%: “Community focused on recreation options” 

• Likely to recommend Xenia: 

• 77.4%: “Very Likely” (28.8) or “Likely” (48.6) 

• 15.8%: “Unlikely” 

• 6.9%: “Very Unlikely” 

Funding and Support for NEW Funding: 

• Compared to taxes paid how do you rate Xenia’s services: 

• 54.2%: “Excellent” (5.7) or “Good” (48.4) 

• 32.3%: “Fair” 

• 13.5%: “Poor” 

• What ballot initiatives are you likely to support: 

• 49.5%: “Would not support any ballot initiative, regardless of type” 

• 43.4%: “Support a combination of income tax and property tax” 

• 39.3%: “Support an income tax” 

• 17.3%: “Support a property tax” 

• Will citizens support a tax increase to maintain or enhance public safety services? 

• 54.9%: Prefer the City maintain service levels even if it means a tax increase 

• 22.7%: Prefer the City enhance service levels even if it means a tax increase 

• 22.4%: Prefer the City reduce the level of service rather than increase taxes 

• 77.6% prefer a tax increase to avoid a reduction in service levels. 

• “Despite 49.5% indicating they would not support any new taxes, more than 50% 

indicated support for 3 of the 4 levies presented” 

Mr. Percival referenced page 18 of the survey which states, “More than half of respondents 

indicated that the City should maintain the current level of service, even if it means a tax 

increase.” Folks want to see at least the level of service they are receiving now even if it means 

we have to increase taxes. The survey also states, “The remaining respondents were equally 

split between reducing the level of services to preserve the current tax rate (22.4 percent) and 

enhancing the current level of service (22.7 percent).” The majority of the folks are saying, 

‘even if you have to raise taxes to keep the level of services stable, then raise taxes’. The


remaining respondents are split between saying they want more services and are willing to pay 

more taxes and to keep taxes the same but reduce services. Therefore, 54.9% plus 22.7% 

indicates a significant number of respondents want to see services continued and enhanced, 

which is a significant number. 

Planning for the Future: 

• Which option would make you more likely to visit Xenia’s downtown: 

Mr. Percival said the above information is one of the reasons why they did the Buxton study and 

why they are actively courting those different retail and entertainment businesses identified by 

Buxton as being a good fit. It ties directly into the fact that that is what people said they want. 

• Which entertainment options would you or a member of your household be willing to 

visit: 

Mr. Percival said he was not sure what type of concert hall people wanted. Do they want a place 

to go and listen to live music or do they want an auditorium. What exactly are they looking for? 

Councilman Louderback thought respondents may have meant they want a recreation center. 

Mr. Percival thought they meant they wanted a place to go listen to live music. 

Mr. Percival said entertainment options also tie into what they are doing with Buxton. They 

identified and are actively courting a movie theater group and a bowling alley. He has a meeting 

next week with a group who wants to use part of the old Walmart building for recreation, 

including bowling. 

Councilman Louderback asked for an update on the Buxton study. Mr. Percival said they made 

the second set of phone calls to all the companies. They are sending out the books to all the 

separate companies that show why they are a good fit in Xenia. Councilman Louderback asked 

which companies he was referring to. Mr. Percival said they are working with the companies


that made their list. Three people who are working to bring retailers into the community asked 

for copies of the study and are actively using it to try to attract different retailers. The study is 

not only being used by the City to attract folks; it is also being used by others to attract retailers 

to the community. 

Councilman Caupp said when he was in San Antonio he spoke with Chip Rodgers for quite a 

while. He thought a lot of people are expecting immediate results from the $55,000 spent on the 

study. Even Buxton is struggling to get a whole lot of results right now, not only in our 

community, but in all communities, due to the economy. Mr. Percival said the great thing is that 

those numbers are for the long term. Even if the economy does not improve in 2010, they can 

still use the data. Councilman Caupp agreed it was a good investment. Councilman Louderback 

said it was probably a five- to ten-year window [to see results]. Councilman Caupp said right 

now everything is soft, even for companies that want to expand. 

Mr. Percival noted CNN recently did a story on Wilmington, Ohio. He was astounded to hear 

that a huge percentage of businesses closed in Wilmington in the last 12 months. Councilman 

Miller stated Ohio is still going forward with a bypass across St. Rt. 68, which will bypass 

Wilmington. Once that happens, he feels that town will die. President Felton said Wilmington 

also just lost their big Walmart. Mr. Percival said the bypass was done for the airpark. 

Councilman Miller agreed, but they are still building the bypass even though the airpark has zero 

air traffic right now. Mr. Percival noted DHL just donated that land to Clinton County, which 

will make it easy for them to do economic development because they got 800 acres of free land 

that they can give away. 

Image of Xenia: 

• Citizens were asked if they believed the City of Xenia has a problem with its image. 

Of all the responses, Mr. Percival said he was concerned the most about the response to Xenia’s 

image. It indicates we need to work on marketing and promotion of the community. In a few 

minutes they will discuss a positive way to address that. The responses came from people who 

have lived here the longest and it was homeowners that said we have an issue. That perception 

needs to be addressed in both the long and short term. If over half the people say we have an 

issue, then we need to take a good, hard look at how we can address the image problem. 

Councilman Louderback said part of that image is due to the fact that Xenia cannot avoid being 

the county seat, which means they will have jails, bail bonds and cash advance companies. It is 

hard to overcome that since Xenia is the county seat. He was also disturbed by the responses.


Mayor Bayless thought it was hard to know if the comment was meant in a positive or negative 

way. Either way, there is a problem. However, maybe people are saying there are some great 

things happening in Xenia [and we are just not promoting them]. Mr. Percival agreed there are a 

lot more things going on in Xenia than people realize, which means they have to do a better job 

with marketing and promotion of the community so they can turn that around. Like Councilman 

Louderback mentioned, people see the bail bond companies, etc. There would not be bail bond 

companies unless there was a courthouse and jail. However, we cannot allow bail bond 

companies and jails to define us. How do we promote and market the community so that is not 

what defines us? 

Mr. Bazelak said a survey done a few years ago said the same thing. The survey also showed 

that 80% of respondents did not feel Xenia promoted or marketed itself enough. President Felton 

asked if they were talking about internally or externally. Mr. Percival thought both. He thought 

the respondents were talking about internally in the community and externally in the region. 

Councilman Miller said before the last survey results, he begged the city to do more public 

relations and marketing. We do not market our community to other communities. We know it is 

all perception. Everyone thinks that Xenia is just a place that had a big tornado in 1974. 

President Felton said some people also think our ordinances and zoning codes are too strict, even 

though we know that is not true. Councilman Miller said we can’t just tell people they are 

wrong. We have to actively go out there and tell everybody that they are not looking at Xenia 

correctly. President Felton agreed. Councilman Miller said he would continue to ask for public 

relations until the day he dies. Mr. Percival said they would get there shortly. Councilman 

Miller said people at a basketball game told him there was a problem in Xenia and they did not 

even know they were talking to a Council member. 

Councilman Louderback said he attended a YMCA fundraiser a few nights ago. A prominent 

business person who spoke said no one goes to downtown Xenia any more unless they are in jail. 

He wondered what the point was in saying that about our downtown, but there is a lot of 

perception out there like that. Mr. Percival said that is why marketing and promotion are critical, 

and they need to figure out a way to make people see the whole picture. Every community has 

things that are challenges as well as things about the community that are positives—even 

Oakwood and Centerville. We have focused the communication more on the challenges than on 

our opportunities and bright spots. For example, if you need 10 acres for a business, the price 

difference between buying 10 acres in the Xenia Industrial Park vs. on I-675 is at least $250,000 

an acre. You can buy ground with water, sewer, streets, and everything you need in this 

community for $25,000 an acre. Acreage around the Fairfield Commons area is $400,000 per 

acre or more. Councilman Louderback said that is why they need to get that message out there. 

Mr. Percival said that is what they are talking about. What are the opportunities—not what are 

the challenges. 

Vice President Mills said those are the large opportunities, but they cannot ignore the smaller 

opportunities. Xenia used to be the “Bicycle Capital of the Midwest” but she has not heard that 

for a long time. Dayton was recently recognized by the State of Ohio for bicycling. We should 

have been all over that; she was shocked that Xenia did not receive that recognition. 

Councilman Louderback said at a recent MVRPC meeting, a lot of communities besides Xenia 

have been designated “A bicycle friendly community.” When he came back from the MVRPC


meeting, he told Ms. Simpson that Xenia needed to be on that list. If any city should be a bicycle 

friendly city, it should be Xenia. 

Mr. Percival said if you Google “Xenia, bicycles” there are many stories about people who came 

from other states and communities to ride on Xenia bike trails, of which 90% were positive 

stories. Vice President Mills asked if Xenia advertised in any bicycling magazines. Councilman 

Miller said Xenia does not advertise in any magazines. Mr. Percival said that was not true. Vice 

President Mills realized advertising takes money, but that is an opportunity to get our name out 

on a larger scale. Mr. Percival agreed. Sometimes the articles are reprinted in those magazines. 

Xenia is still highly thought of as a city with great bike trails. 

Vice President Mills said it is not that she does not want business because she does want 

factories, etc. When the Dayton Daily News did an article on Homemade Uniques, a Xenia 

business, it was not mentioned by anyone but her. The Xenia Gazette did not run an article nor 

did the Xenia Area Chamber of Commerce have anything on their website about the store. Did 

the city’s website have anything about Homemade Uniques? She thought they miss 

opportunities. Don’t overlook the small things because it takes the small things to build the big 

things. Mr. Percival agreed. 

Role of Survey Research: 

• Respondents were asked if they believe the city should conduct regular surveys to assess the 

quality of customer service, citizen perception on community issues, and to identify citizen needs 

and desires with respect to service delivery; 89.3% of respondents indicated that similar surveys 

should be conducted in the future. 

• A like percentage (89.3%) indicated that surveys such as this one should be used to help identify 

Council priorities and as a guide for future resource allocations. 

Mr. Percival thought the above results may be a bit skewed because if you are going to spend 10 

to 15 minutes on the phone participating in the survey, you will say what you just did was 

important, and 90% of the people did say that. 

How Should Dollars Be Allocated: 

Mr. Percival noted President Felton took the survey. President Felton said by the time she got to 

#8, she forgot what #1 and #2 were. Because of the time frame, she found it hard to really think


about the question. Councilman Louderback said he was surprised Fire and Police were not #1. 

Mr. Percival said if you look at the responses about what people thought the city should spend 

less money on, people are saying fire and police are important. Nobody says spend less money 

on fire and police, which is the critical thing to take away from this particular slide. 

Councilman Louderback said it is all in how it is presented. If the question was reworded and 

people were asked if they would chose the option to lay off police and fire personnel, there 

would have been a different response. In that regard, he thought police and fire would be #1. 

Vice President Mills said she also wanted to spend the same amount of dollars, but she also does 

not want her services reduced; however, that was not one of the questions. Mr. Percival said 

77% of respondents said they did want their services reduced. Vice President Mills did not think 

the above slide reflected her statement. Mr. Percival said that was why it is critical to know that 

77% of respondents indicated the City should maintain the current level of service, even it if 

means spending more money. Councilman Louderback noted on the flip side, 49.5% of 

respondents indicated they would not support any additional ballot initiatives, regardless of type. 

Mr. Percival noted the survey results state, “The highest percentage of support was for a street 

improvement levy, with 74.2 percent of respondents indicating that they would support such a 

levy. More than half of respondents also expressed support for a fire levy that created a new fire 

station (55.7 percent) and a parks improvement levy (55.7 percent). Less than half of 

respondents (45.3 percent) expressed support for a police levy that would build a new criminal 

justice center.” 

Councilman Caupp thought it was intriguing that 52.4% of the people said the City has a 

problem with its image, but indicated the city needs to spend additional money on: (#1) 

Improving the condition of streets and curbs (63.7%); (#2) Downtown improvement and 

revitalization (62.3%); (#5) Property maintenance enforcement (37.4%); and (#6) Park 

maintenance (37%), which all goes back to the perception of our city. Mr. Percival agreed. 

Prioritizing the Needs of Xenia: 

Mr. Percival thought this was another set of responses that may be a bit skewed. He believes 

people want to see street improvements. They have talked a lot about the downtown and how the 

city has applied and received grants for downtown revitalization. President Felton asked what 

“revitalize downtown” really means. Do people want businesses as opposed to not caring how


pretty it is? Mr. Percival thought it was both. President Felton disagreed; she thought people 

wanted businesses first. Mr. Percival agreed people want businesses. He noted they will discuss 

wayfinding in a couple of weeks. He thought people want to know how to get from Main and 

Detroit Streets to the downtown administration building. President Felton said then the county 

can erect signs. Mr. Percival said the county is participating in the wayfinding project. 

Councilman Caupp said he did not see how hiring Police and Fire personnel pertains to a lot of 

the other stuff in the survey question. Mr. Percival said it was kind of a laundry list; there may 

have been a better way to have asked the question. Councilman Caupp noted people are not too 

concerned with the quality of the water. Mr. Percival agreed; however, if the water was unfit to 

drink or the sewer backed up in their basement, it would become #1 on the list. As long as you 

have a good potable source of water coming in, and the wastewater is going out, people figure it 

is up to the city to figure out the rest. 

STAKEHOLDER FOCUS GROUP 

Focus Group Details: 

• Facilitated by Xenia firm 3F Coaching 

• 4-hour roundtable session 

• Included leaders from education & business, boards/commissions, local organizations, former 

City leaders, & more 

• Participants explored three critical community elements: 

• ECONOMIC DEVELOPMENT 

• QUALITY OF LIFE 

• GOVERNANCE & COMMUNITY LEADERSHIP 

• Participants were asked four key questions: 

• ARE WE ON THE RIGHT TRACK? 

• WHERE ARE WE OFF TRACK? 

• WHAT DOES XENIA HAVE TO DO EXTREMELY WELL OVER TIME TO 

ACHIEVE OUR VISION? 

• HOW WILL XENIA DO THAT? 

Focus Group Findings and Recommendations: 

• Need for more and better communication 

• Promote Xenia’s strengths, locally and regionally 

• Market Xenia’s business community and development potential 

• Re-enforce the “story of Xenia” and correct negative perceptions 

• Leverage existing relationships, create new partnerships 

• Work closely with educational institutions to enhance workforce, improve Xenia’s image 

• Strengthen partnerships with Downtown merchants & local business 

• Facilitate volunteerism and entrepreneurship 

• Maintain strong local government 

• Develop effective plans and see them through 

• Ensure fiscal responsibility, accountability, and transparency 

• Uphold core services (public safety) and enhance service deficiencies (recreation) 

NEXT STEPS 

Communications and Public Relations: 

• Survey and focus group results emphasize the need to communicate better with the public


• Improved communications is a critical need in order to legitimize the levy and implement 

our vision plan 

• Recommend securing assistance to develop outreach strategies and a communication plan 

• Help enhance our communications capacity and ability 

• Aid in educating community: economic condition, fiscal situation, and levy 

significance 

• Exploring diverse communication mechanisms 

• Considering City utilization of social media outlets 

• Enhancing our use of traditional media: press release procedures, etc. 

Mr. Percival said the common theme that comes from the survey and focus group is ‘what are we 

doing to enhance the community?’ He noted the two groups had nothing to do with each other. 

One was a blind, random survey and the other folks came in, but they heard the same story from 

both groups. 

President Felton asked how they could communicate more if residents don’t read the newspaper. 

Mr. Percival said 70% of respondents stated they still get their information from the newspaper. 

Only one person at this meeting may read the newspaper, but they must call everyone else after 

they read a story. President Felton said that is where she gets most of her information. 

Mr. Percival thought people were still getting their information from the newspaper, but that 

information may be filtered and second-hand information. 

Councilman Caupp wondered how many people get information from the city’s website. He 

knows a few people who get their information from the Xenia Gazette website, but they do not 

purchase the paper. Mr. Bazelak said this afternoon they heard that a lot of people still pay 

attention to the direct mailings (i.e., utility bill inserts) if they don’t get it from a newspaper. 

Mr. Percival noted 66.5% of respondents stated they rely on word of mouth for information and 

35.5% said they get information from the city’s website. 

Councilman Caupp asked if there was something on the City’s government channel about an 

upcoming police and fire exam, because two people asked him about the posting since they 

thought the City was not hiring anybody. Mr. Percival said the City is accepting applications to 

establish employment eligibility lists for police officer and firefighter/paramedic. Councilman 

Caupp said he knew that, but that is not the public’s perception. 

Mr. Merriman said IT Manager, Edgar Cardenas, noted the city’s website gets 2,000 hits a day. 

Mr. Bazelak noted the website was updated a few years ago. Users of the website stated they 

found it to be user friendly and were able to find what they were looking for, but a lot of people 

said they do not yet get a lot of their information from the website. Those respondents who were 

aware of the new logo and branding campaign indicated they liked it; however, only a small 

percentage of city residents are aware of the new imaging. Councilman Louderback agreed it 

was a user friendly website. Mr. Percival noted 95.9 % of people indicated they were able to 

find what they were looking for on the website, which is positive. Mr. Bazelak said, as part of 

the promotion campaign, you want to drive people to the website where your message is crafted 

the way you want in order to give people the proper information. Mr. Percival agreed they want 

to drive people to the sites we can control.


Mr. Percival said the next question was how do we enhance the city’s image, promote, market, 

and communicate. Councilman Louderback said he thought using Facebook and Twitter was a 

great idea. Mr. Percival said staff has built a City of Xenia Facebook page, but they are waiting 

on the go-ahead from the Law Department to do so. 

Levy Planning: 

• Enabling legislation in process 

• Internal levy education committee established 

• Levy education materials in progress 

• Informational meeting with bargaining units held 

• Need to solicit members for campaign committee 

• Need campaign fund contributions 

• Need to develop campaign structure and strategies 

Mr. Percival asked Council to think about people they can identify who would be good to serve 

on an external levy committee to help promote the levy. If so, please call Michelle Johnson, 

Mr. Bazelak, or him so they can form a committee. City funds can be spent for educational 

materials, which will be done, but external contributions are needed for things like direct mail 

campaign literature, signage, etc., that promote passage of the levy. 

Vision Plan: 

1. Focus Group: Follow-up meeting being scheduled 

2. Community Outreach: Public relations strategies pending 

3. Economic Development Strategy: staff committee set to meet, finalize product for Council 

4. Community Recreation Initiative: compiling list of stakeholders for a facilitated meeting to 

explore options 

5. Fire Service Options: presentations on service options to be scheduled 

6. Design Guidelines: recommended guidelines to Council in February or March 

7. Downtown Revitalization: presentation on strategy and program elements Feb. 11 

8. Comprehensive Plan Update: initiation still pending 

Mr. Percival said the economic development strategy will be discussed in a work session. A list 

of stakeholders to discuss a community recreation initiative was compiled three weeks ago. Can 

the City of Xenia provide all the recreation people want - absolutely not. However, they could 

work in partnership with others to make sure we are meeting the needs of the community. He 

asked if the Design Guidelines went to the XPZC. Councilman Caupp said the Design 

Guidelines are on the XPZC agenda for February. Mr. Percival thought each person present 

would probably say that downtown revitalization means something different, but it is critical that 

we do something and start to make some progress. The Comprehensive Plan was updated a long 

time ago, and although not #1 on the list, it is something that they need to take a hard look at. 

Marketing and Promotion Strategy: Mr. Percival said internally they looked at different options 

for the best way to begin the process and move it forward. One of the things they identified was 

they need external help to be successful with the marketing and promotion of the city, not just for 

the levy campaign, but in general, marketing, promotion, image, etc. They contacted Joel Gagne 

of Avakian Consulting and had an initial meeting with him to discuss the City’s needs. Mr. Gagne 

walked them through several different things, such as the social media, etc., and all the things he 

can make happen. [President Felton distributed an agenda item report regarding this item.] 

Mr. Percival respectfully requested that Council authorize him to enter into a one-year contract


with Avakian Consulting in an amount not-to-exceed $25,000 to provide public relations and 

education services to the City of Xenia. They discussed doing something for a two-month or sixmonth 

period, but he felt that for something like that to really begin to bear fruit, they needed to do 

at least a one-year contract to give them ample time to determine how they can market and 

promote the city’s image. President Felton asked if Council could vote on the recommendation at 

this Saturday’s work session, because Council needs a chance to read the information since they 

just received it tonight. Mr. Percival said Council could vote on the recommendation at the work 

session on Saturday. 

Mr. Percival said he did not think the marketing campaign could be done internally because 

(1) staff does not have the knowledge; (2) they do not have the contacts; and (3) no one has the 

time to directly dedicate time to doing all those things. 

Councilman Louderback said he was a little confused. Was the consultant hired to help pass the 

levy, to help enhance the city’s image, or a combination of both? Mr. Percival said the better the 

city’s image and the more information that is out there, the better the opportunity to pass the 

levy. Councilman Louderback noted the levy will be voted on in May, but the contract is for one 

year. Mr. Percival said Mr. Gagne can also do magazine articles and other things to promote the 

City. 

Mr. Percival said he hoped everyone has had an opportunity to peruse the survey. Was it a 

perfect survey instrument – probably not. Did they get a lot of great information – yes, from 

both the survey and focus group that can help as the City moves forward. One of the things high 

on the list from the focus group and survey was marketing, promotion, and image. They took 

that to heart and feel they can begin to move those things forward. 

Mr. Bazelak said time is of the essence. They have a full length campaign to go after and it is 

already the end of January. As Mr. Percival asked, if Council knows people who would be good 

at serving on the ballot issue committee, that is the missing piece. The unions are ready to help. 

They can look at the funding but they need a ballot issue committee with a treasurer to 

coordinate that effort. They have an internal levy committee that has been meeting and a lot of 

information has been developed. Staff cannot do the “Vote Yes” campaign; that will have to 

come from the ballot issue committee and from the Unions and the PAC (Political Action 

Committee). They do not yet have the leadership to develop that campaign. They can educate 

and are starting that process but they must be posthaste in developing that committee and moving 

forward with the “Vote Yes” campaign and materials that will be needed in that realm. He 

cannot stress enough that they need to move forward on that part as well. 

Councilman Louderback asked who was on the internal committee. Mr. Percival said 

Mr. Bazelak, Ms. Johnson, Mr. Duke, Mr. Merriman, Mr. Cardenas, Chief Leaming, Chief 

Person, Mr. Berger, Ms. Steck, Ms. Fackler, and he are on the committee, but everybody that 

works for the city will be needed. Councilman Louderback agreed, but at first glance, he could 

not see paying somebody $25,000. There are seven people present who are familiar with getting 

elected and city staff, Appointed Officials, and Department Heads with good heads on their 

shoulders. Police and fire will have to be out front. President Felton said they cannot be out 

front; they can discuss the levy but cannot campaign for it. Councilman Louderback asked what 

they could do to him. President Felton said they would have to ask Mr. Lewis about that. They


have always been told they cannot endorse passage of a City levy. Councilman Louderback said 

he heard that. 

Mr. Percival said the issue is they do not want to give anyone externally the opportunity to say 

the city did something wrong. Councilman Louderback said citizens will know if Council 

supports the levy. President Felton said she can talk about the levy, but she cannot go around 

knocking on doors, which is where they get into trouble. 

Mr. Percival noted an Executive Session was scheduled for Saturday, but since they have time, 

they could go into Executive Session now. 

Motion by Vice President Mills, seconded by Councilman Caupp, to go into Executive Session at 

6:37 p.m. to discuss personnel matters. No discussion followed. The Roll on this was the 

following: 

Ayes: Mills, Caupp, Louderback, Miller, Smith, Bayless and Felton 


The City Council met in Executive Session in the First Floor Conference Room with the same 

members present. 








7:00 p.m. 

The Xenia City Council met in a Regular Session on January 28, 2010, at 7:00 p.m., in the City 



INVOCATION: John Longland, Fairhaven Church, gave the invocation after which all joined 

in the Pledge of Allegiance. 

APPROVAL OF MINUTES: Motion by Councilman Louderback, seconded by Councilman 

Miller, to approve the January 7, 2010, Special Session minutes as written. Brief comment 

followed. Vice President Mills noted she spoke to the City Clerk about a correction on Page 3 

regarding a comment she made. The sentence should read “She believes the survey is a very 

important tool, but she does not think residents realize the impact if 4 police officers and 6 

firefighter/paramedics are cut.” The Roll on this was the following: 

Ayes: Mills, Caupp, Louderback, Miller, Smith, Bayless, and Felton 


Motion by Vice President Mills, seconded by Mayor Bayless, to approve the January 14, 2010, 

Executive/Regular Session minutes as written. No discussion followed. The Roll on this was 

the following: 


Abstain: Caupp 


SPECIAL PRESENTATION: Receipt of State Auditor’s Office Award “Making Your Tax 

Dollars Count.” Mr. Bazelak introduced Lisa Hayes from the State Auditor’s Office. 

Ms. Hayes said she is the regional liaison for State Auditor, Mary Taylor, and it was a privilege 

for her to be here tonight. She is here to present the City of Xenia with the “Making Your Tax 

Dollars Count” award for fiscal year 2008. It is important to note the award is given to a very 

select group of people. Fewer than five percent of all Ohio government agencies they audit 

receive this recognition. Certain criteria must be met to receive the award. Standards include: 

 

 

 

The entity must complete and submit a Comprehensive Annual Financial Report (CAFR) 

within six months of the fiscal year end. 

There must be no findings or issues present in the audit report. 

There must be no other financial concerns involving the entity. 

Kudos to the Finance Department, Staff, and Department Heads who worked so hard to make 

this happen in these very tough economic times. This award is for all City of Xenia employees 

who work very hard each day to achieve accounting excellence. It took a total cooperative effort 

by everyone to make it possible for her to present this award tonight. The time and effort it took 

to prepare the City’s CAFR is truly a group effort. City Manager Jim Percival and Finance

XCC Meeting Minutes, 01-28-10, Page 2 

Director Mark Bazelak will accept the award on behalf of the City. She commended them on 

their financial accountability commitment and is proud to honor them with the award. On behalf 

of State Auditor Mary Taylor, she presented the “Making Your Tax Dollars Count” award for 

fiscal year 2008. (Applause followed.) 

Mr. Bazelak thanked Ms. Hayes for attending the meeting rather than mailing the award. Her 

attendance shows a commitment of the State Auditor’s Office to support local governments. He 

accepted the award on behalf of the Mayor, City Council, the other Appointed Officials, the 

Division and Department Heads, and all City staff. As Ms. Hayes mentioned, it truly took a 

cooperative effort to achieve such an award, which says a lot about our employees. He is 

especially proud of his Finance Department employees and all the work they do. It demonstrates 

to the public their commitment to ensuring the safety of tax dollars and to implementing the 

proper financial policies and procedures. As everyone has seen over the last few years, that has 

become extremely important and he is proud that the City, Council, and Mayor also feel that it is 

important. He again thanked Ms. Hayes for coming and expressed his appreciation for the 

award. (Applause followed.) 

President Felton recognized Boy Scout Troop 65 and invited them to come to the podium and 

introduce themselves. The Boy Scouts are working on a badge. Wesley Holton said he was one 

of the leaders that helps out with all the boys. His youngest son, Steven Holton, introduced 

himself, as did Josh Lowe, Matthew Holton, and Brandon Crowder. President Felton thanked 

the Boy Scouts for attending the meeting. Mike LeMarr said he was another leader from the 

Xenia Church of Christ Boy Scout Troop. The church sponsors Cub Scout Pack 65 and Boy 

Scout Troop 65. President Felton asked if they still have the Pinewood Derby. Mr. Holton said 

the Cub Scout’s Pinewood Derby would be held on February 6 th . Competition has gotten very 

tough! (Applause followed.) 


and invited anyone who wished to speak to come forward. 

David Michael Coons, 2153 Schwinn Avenue, Xenia, thanked Council for postponing his appeal 

on the antenna issue due to the death of his mother. He said he has been a public servant for over 

30 years and today he is an emergency management professional. The primary purpose for him 

becoming a licensed amateur radio operator three years ago was emergency communications. 

When he received a letter from Mr. Ziegler of the Planning and Zoning Department informing 

him that his 26’ amateur radio tower had been erected illegally, it was the first time he had seen 

the City of Xenia ordinance restricting the height for an amateur radio tower. He felt sick when 

he learned that the inspection was based on a complaint from someone in his neighborhood. He 

and his wife have enjoyed getting to know their neighbors, but learning that someone 

complained about him doing something for the good of our city troubled him. In response to the 

letter, he called Mr. Ziegler the next day. He agreed that based on the current Zoning Ordinance, 

his 26’ tower was erected without a permit and too close to his property line. He met with City 

Planner Ms. Simpson the following week to discuss his options. Ms. Simpson said Wright Cycle 

Estates Planned Unit Development did not address tower structures or antennas and that there 

were no covenants or other restrictive language prohibiting towers. Following the City Planner’s 

recommendations, he applied for a minor modification to the PUD. Ms. Simpson presented his 

application as a request for a variance to City Ordinance §1294.18 EXCEPTIONS TO HEIGHT


LIMITATIONS. He just now had a chance to read his notes and noticed that staff added an 

antenna to the height; however, the Ordinance specifically discusses towers, and his tower is 26’ 

tall. During Ms. Simpson’s presentation, she showed a lot plan of his property showing a small 

area behind his house that would be permitted for a 26’ tower. Based on the crowd tonight, he 

hopes Council would hear different points of view on both sides of the issue. 

Mr. Coons said given Xenia’s history of natural disasters and the role that amateur radio plays, 

he found no one who disputed the value of amateur radio operators and their radio stations, 

including members of the Planning and Zoning Commission and his neighbors who oppose his 

application. At the XPZC meeting, one of his neighbors said they are not against amateur radios 

but they just don’t want it in their neighborhood. ‘If Mr. Coons wants to have a tower, he should 

have moved to the township.’ 

Mr. Coons said a claim was made that his amateur radio tower would reduce property values. At 

best, that claim is anecdotal. A review of the valuation of properties in Xenia neighborhoods 

where towers dot the landscape show a continued appreciation over time. He presented photos 

of over 60 antennas that he found in the city that violate the same ordinance that his antenna 

violated. Safety was also used as a reason to deny his request. Given the type and installation of 

his amateur radio tower, the wind that would cause his tower to fall, would have already ripped 

off roofs and torn trees out of the ground. 

Mr. Coons said the federal government recognizes amateur radio as Homeland Security resource 

in Senate Bill (SB) 1755 and its companion bill, House Resolution 2160. He noted SB 1755 

passed unanimously in December and was sent to the House for a vote. The State of Ohio has 

two companion bills – House Bill (HB) 212 and SB 218. Both bills state, “The legislative 

authority shall not restrict the height or dimensions of amateur station antenna structures in 

such a way as to prevent effective amateur radio service communications. For purposes of 

structure restrictions, seventy-five feet shall be considered a reasonable antenna structure 

height.” [The Acting Law Director noted Mr. Coons has spoken for three minutes. President 

Felton asked Mr. Coons if he was almost finished. Mr. Coons said he was; he had two more 

paragraphs to read. President Felton allowed Mr. Coons to continue since he is the applicant. 

Mr. Coons thanked President Felton for allowing him to continue to speak.] He stated 27 other 

states have enacted similar laws in recognition of amateur radio service communications as a 

valuable Homeland Security resource. 

In closing, Mr. Coons asked Council to consider the following point: He understood the City 

Ordinance was written in 1968, and the current City Council had nothing to do with its adoption. 

But as an amateur radio operator in the City of Xenia, he felt he was being discriminated against. 

Based on the number of towers found in Xenia, it seems clear that the ordinance is not being 

enforced and should be repealed or revised to support amateur radio service. However, the real 

issue before Council tonight is not whether he is allowed to have a radio antenna on his property. 

The Planning and Zoning Department already concluded that he could have a 26’ tower in 

another location on his property. He submitted that the current location of his tower is the best 

choice for both aesthetics and function. He asked Council to overturn the XPZC decision 

denying his request for a variance. He can then apply for a proper zoning permit that will allow 

him to apply for a building permit. He will be able to pay his fees and work with his neighbors


regarding their issues. Council’s favorable decision will also save him considerable time, labor, 

and money in moving the tower 30’ north on his property. 

Mel Carwile, 1959 Lakeview Drive, said the back of his property looks into Mr. Coons’ property 

across the street in the cul-de-sac. He was present tonight to counter some of Mr. Coons’ claims. 

Mr. Coons’ tower is 60’ tall not 26’ tall, which was declared at the XPZC meeting. It also has 

arms that hang out on each side that may be near or even over the property line. He then shared 

the following picture with Council: 

He noted Mr. Coons stated in the Xenia Gazette and tonight that the tower is 26’, but he 

challenged anyone to go and look at it. The Planning and Zoning Department never told 

Mr. Coons that he could have a 26’ tower where it is currently located 5’ from the property line. 

Staff told Mr. Coons he could have a 5’ tower there. He does not like people to misrepresent or 

mislead facts. Mr. Coons’ tower is the only tower in Wright Cycle Estates, and that is the only 

place he wishes to discuss because that is where he lives and owns property. However, 

Mr. Coons is not the only citizen band/ham radio operator in their neighborhood. Those people 

operate from a tower in their attic and they can talk to people in other countries. There is no 

need to have a 60’ radio tower to talk to people in other countries. 

Mr. Carwile noted Mr. Coons calls his request a minor modification. At 60’, his tower is 55’ out 

of compliance with the zoning code. To him that is a play on words – it is a major infringement on 

the city’s regulations currently in place. Mr. Coons is asking for precedent setting changes. The 

patio homes at WCE have very small lots. He owns a small lot with a vacant lot next door. He is 

concerned about changing the City’s building and zoning codes, and when things like this are 

permitted to remain as they are, they are asking for problems down the road. He does not feel any 

of the building and zoning codes need to be changed. The small patio home lots have 4’ of grass 

on the side and the roof lines are very close together. [The Acting Law Director noted Mr. Carwile 

had spoken for three minutes.] Mr. Carwile said if a radio tower was allowed on those lots, it 

would overhang onto the roofs of other property owners. He has a skylight very close to the edge 

of his roof. He does not want a lightning rod hanging over his bathtub when he is taking a bath. 

President Felton reminded Mr. Carwile that he had spoken for three minutes. Mr. Carwile


responded that President Felton allowed Mr. Coons double the amount of time allotted, and he 

requested the same. President Felton said Mr. Carwile could speak for one more minute. 

Mr. Carwile noted newspapers talk about “The miracle in your pocket - cell phones.” People in 

Haiti are using their cell phones and charging them by using a car battery at the end of the street. 

Eight days after the recent earthquake in Haiti, amateur radio operators could still not get 

through; their technology is not as they claim. New technology at the University of California 

was referenced in the newspaper on January 24th. Within 24 hours and the help of 10 

volunteers, the University of California was able to set up a satellite base in Haiti to allow 20 

people to let their families know they are okay. With the current cell phone technology, it is 

ridiculous for someone to say that we need amateur radio operators in our community in order to 

communicate. He lived in Xenia in 1974 when the tornado destroyed his entire neighborhood 

and he knows who helped them. 

Ed Bell, 2015 Lakeview Drive, Wright Cycle Estates, shared copies of information from the 

website www.radiosurvivalist.com. He has been the part-time Zoning Inspector for the Village 

of Spring Valley for almost two years. As such, he knows if you open one tiny door, it opens a 

flood gate. In Spring Valley, they try to stick with the zoning ordinances they have. He also 

sold real estate for 20 years, mostly with Heritage Realtors. He realizes what can happen with 

unsightly things in a neighborhood, whether it is a tower or something else. Those things affect 

real estate values and the owner may have to lower his or her price. The fall radius was 

previously discussed. Years ago, he owned Bell Antenna in Kettering, and his company 

periodically removed old towers that tended to rust off near the ground level. When that 

happens, it is easy for the tower to fall. If Mr. Coons’ tower fell, it could land on one of two or 

three properties. He then shared the following picture with Council: 

80' 

8' 

35' 

25' 

Required fall radius (setback) at current location of antenna. 

Mr. Bell noted Council had a copy of a letter from the WCE developer, Brad Phillips, who stated 

he would rather not see this tower or anything overhead like that in WCE. He also spoke with 

Mr. Coons’ homebuilder, Marty Walling of Beaver-Vu Construction, who also stated he was not 

happy about the tower. Other friends, who are currently in Florida, expressed the same views. 

He shared pictures showing views of the tower from the backyard of a house that is currently for 

sale. It bothers him that the antenna is unsightly and a safety issue. If he had to look at that 

antenna every day from the patio of the house that is currently for sale, or had the choice to 

purchase another house that did not have those views, he would probably make an offer on the 

other house. What scares him the most is the “slippery slope” that they are starting down. To


him, this opens a door that could start them down a slippery slope. If they allow one amateur 

radio tower, they could end up with two, three, four, five, etc. Mr. Coons stated his tower is 26’ 

high. Mr. Coons’ tower may be 26’ but his antenna is 60’ tall. If it fell, the whole thing would 

fall. He shared a picture of a 120’ tower not too far from him that belongs to a friend. If 

Mr. Coons is allowed to do what he wants to do, and Council grants his wishes, what would stop 

someone from installing a 120’ tower? He did some computer research and spoke to an amateur 

radio operator friend in Baltimore, who lives in a subdivision with several other amateur radio 

operators, and none of them have outside antennas. He shared information on Stealth antennas, 

an antenna that can be installed on a flag pole, and one that looked like a cactus. There are a lot 

of alternatives to having the unsightly antenna that he believes will be a detriment to the WCE 

subdivision. 

Jim Simpson said he is a sales engineer for WS Electronics in Xenia. WS Electronics maintains 

a lot of equipment throughout the area for police and fire. Even though he just met Mr. Coons 

this evening, he was here to represent him as far as the structural integrity of the tower. The 

structure Mr. Coons has installed on his property is a piece of equipment that is in fact installed 

properly with good engineering practice. The manner in which it was installed probably could 

have been installed in another area of the property, but he felt Mr. Coons probably used 

reasonable judgment in the placement of the tower. The tower is approximately 26’ high with a 

very light weight aluminum antenna on top that would not cause any serious damage to anyone 

or any surrounding structures if it fell. A comment was made about the tower being unsightly. 

The most unsightly things about WCE are the DP&L boxes in the front yards. He shared copies 

of the boxes. For many years, amateur radio operators have represented the City of Xenia—even 

before 1974, and they will continue to do that without fail. They keep track of weather in the 

area and are part of the weather system within the community. Their ability to send information 

during emergencies has been vital to keeping communications open. They are part of the 

emergency system that operates within this community and will continue to do that regardless of 

Council’s decision this evening. The safety concerns that have been stated are unfounded. 

There is nothing about the tower that is unsafe, unsightly, or inappropriate under the 

circumstances. The State of Ohio is in the process of piggybacking a current law with the federal 

government regulating the construction for amateur radio operators to put towers on their 

properties in order to sufficiently operate throughout the world. The tower Mr. Coons has on his 

property is very, very conservative. The information was shared as a friend of XWARN. He 

hopes what he has said this evening represents Mr. Coons and what he has accomplished in a 

favorable way. 

Dave Crawford said he is the former President of XWARN and has been an emergency manager 

for 18 years with the United States Air Force. He took exception to the cell phone statement 

made earlier and other statements. He has been through a typhoon, many hurricanes in the Gulf 

Coast area, as well as tornados (including the Xenia tornado). One of the first things to go in a 

disaster is your communication. Cell phones will be inoperable first because they will either be 

overpowered or there will be no power to supply them. The only thing Xenia had during the 

tornado was amateur radios, which was also true during floods, Hurricane Katrina, and a whole 

list of other disaster situations. The only thing that was initially communicating was an amateur 

radio. If Council does not allow antenna structures so they can communicate throughout the 

state and world, then you are doing a disservice to your community.


Janet Bunn, 2174 Tandem Drive, Wright Cycle Estates, said she was confused about what was 

going on. She does not personally know Mr. Coons, but she lives behind him so she can see the 

tower when she walks outside. She does not want to discourage him or want him to give up on 

being an amateur radio operator. They are just asking him to install a different tower so that 

everyone in her neighborhood does not have to see his tower. Other amateur radio operators that 

live in their neighborhood have towers, but they are not constructed the same way. Their 

antennas are located inside their houses, attics, etc., and they seem to operate just fine. She 

would definitely be discouraged from buying a house at WCE [because of Mr. Coon’s tower]. If 

one tower is allowed, more will go up. She is not asking Mr. Coons to give up his hobby. 

Mr. Coons could not have gotten a permit had he applied for one, so why is the tower there. A 

group of neighbors does not want the tower to remain. Why should they give up their 

neighborhood for one person when the problem has a solution? She understands it might cost 

Mr. Coons a little money, but she thought he probably knew that when he moved to WCE. She 

appreciates ham radio operators—she was here during the Xenia tornados too. She is not asking 

Mr. Coons to give up being a ham radio operator. She is just asking him to not take away their 

neighborhood that so many of them want to remain the way it is. Rules are there for a reason. If 

Mr. Coons is granted a variance, she is afraid of what will happen to their neighborhood. They 

like their small neighborhood and they would like to keep it the way it is. They are just asking 

Mr. Coons to do something different [with the tower]. 

BOARD AND COMMISSION ASSIGNMENTS FOR 2010. By Charter, President Felton 

requested that Council make a motion to approve the Chair assignments to the Board for 

Recreation, Arts and Cultural Activities; Board of Zoning Appeals; Loan Trust Fund Committee; 

Planning and Zoning Commission; and Traffic Commission for 2010. 

Motion by Councilman Miller, seconded by Councilman Louderback, to approve the Chair 

assignments to the Board for Recreation, Arts and Cultural Activities; Board of Zoning Appeals; 

Loan Trust Fund Committee; Planning and Zoning Commission; and Traffic Commission for 

2010 as noted on the Memorandum. No discussion followed. The Roll on this was the 

following: 



President Felton noted there are other Boards/Commissions/Committees/Groups on which she 

would like the Mayor and Council members to serve but they do not require a vote by Charter. 

However, she would like Council to vote on the appointments. 

Motion by Councilman Caupp, seconded by Councilman Miller, to approve the appointments of 

the Mayor and Council Members to various Boards, Commissions, Committees, and Groups for 

2010 as noted on the Memorandum. No discussion followed. The Roll on this was the 

following: 



President Felton thanked City Clerk, Michelle Johnson, for putting all the information on the 

agenda item together and the Mayor and Council members for responding on which Boards, etc.


they would like to serve. If anyone has a problem attending a meeting, please let her know. This 

year they may disagree but they will do it professionally and publically. She admitted that she is 

the first person to argue if she does not like something and hopes she can take it from the rest of 

Council. They all have opinions, and will vote their conscience. Please accept it in that mode 

and they will go from there. 

REPORTS OF COMMITTEES: 

Traffic Commission: Councilman Caupp said the January meeting was cancelled due to 

lack of agenda items. He thanked the Traffic Commissioners he worked with over the last two 

years. The Commissioners are very knowledgeable. Councilman Smith will be taking over as 

Chair of the XTC. President Felton asked if Council had any concerns they would like to share 

with Councilman Smith. Councilman Caupp and Councilman Miller asked Councilman Smith to 

fix Progress Drive. (Laughter followed.) 

Councilman Louderback said he received several complaints about the timing of the eastbound 

and westbound traffic lights throughout Xenia, which is nothing new, but he received many 

complaints this week. He agreed the timing of the lights needed to be checked and possibly 

reprogrammed. He talked with the City Manager about the issue this morning. Mr. Percival said 

he would have the City Engineer look into the problem. President Felton thought snow affects 

the timing. She often sits at the intersection of Second and Orange Streets [waiting for the light 

to change]. Councilman Caupp stated all complaints received from residents are forwarded to 

the City Engineer. 

Councilman Miller noted it is difficult to cross in the pedestrian walkway on the west side of the 

intersection at Main and Detroit Streets going north or south along Detroit Street. The walk light 

is not activated unless the button is pushed, and even then, there is still not enough time to cross 

the street. It is inefficient at best. 

Greene Regional Planning Commission: Councilman Caupp said he was unable to 

attend the meeting but Councilman Smith eagerly attended the meeting in his absence. 

Councilman Smith explained that the Greene Regional Planning Commission is made up of 

representatives from different townships, cities, and villages in Greene County. Mr. Martin Kim, 

Director of the Miami Valley Regional Planning Commission, presented Going Places: An 

Integrated Land Use Vision for the Miami Valley Region, which was the same presentation made 

to Council a few weeks ago. MVRPC is asking for citizens’ input and feedback on the direction 

of the region in the next 20 years to address urban sprawl. Our population growth is only 

projected to be 3% in the next 20 years, but 15% more land is projected for growth in 

commercial development, which is concerning. Some zoning issues regarding the two new 

schools in the Beavercreek Township area were discussed at the meeting. It was interesting to 

meet the other members. 

Mayors & Managers: Mayor Bayless said she attended the meeting in Vandalia, but the 

City Manager was unable to attend. However, before she was able to give Mr. Percival a report, 

he had already talked with the Executive Director. It was mainly an organizational meeting, 

although DP&L did make a presentation about their plans to establish emergency procedures for 

the area. She noted Xenia will be hosting the November meeting.


Miami Valley Regional Planning Commission: Councilman Louderback said due to 

the bad weather and icy roads, he was unable to attend the meeting. 

Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said BRACA 

met on January 12 th . The meeting theme was “Where do we go from here?” 

The Banner Sponsorship Program was the Board’s focus last year. They are very excited that 

banners will be hung in the downtown area this spring. 

BRACA decided to work on a collaborative project with the Greene County Master Gardeners to 

focus on downtown planters, flowerbeds, and possibly a vegetable garden for Xenia citizens. 

The Easter Egg Hunt will be held on March 27 th at Shawnee Park at 10 a.m. She invited the chair 

of the event to attend the February BRACA meeting to further discuss the event. 

The Youth Fishing Derby will be held on June 5 th . 

The Community Picnic will be held on July 18 th . 

The Board also hopes to have events in May and August that they can co-sponsor with another 

organization. 

Councilman Miller suggested BRACA invite the Ohio Department of Natural Resources to cosponsor 

the Youth Fishing Derby. In the past, ODNR offered free fishing poles to children who 

did not have one. Due to budget cuts, ODNR may no longer offer that assistance, but they could 

help with advertising the event. Vice President Mills thought that was a wonderful suggestion 

that she will share with the chairperson. 

Councilman Caupp noted Council has discussed finding other avenues for recreation since the 

Parks and Recreation Department was eliminated. He thought Greene County Fish and Game 

might have volunteers who would be more than willing to help support the Youth Fishing Derby 

and also receive some public relations for their group. Mr. Percival noted Glen Harner used to 

stock the pond at Shawnee Park for the derby. 

Councilman Louderback said just because the City eliminated the Parks and Recreation 

Department does not mean that Council has rolled over and played dead. Council recently 

donated $8,000 to the Youth Basketball Program and BRACA still exists and he appreciated all 

of Vice President Mills’ hard work on that Board. The city had to make some serious budget 

cuts, and as a result, the Parks and Recreation Department was eliminated. He thought Council 

was doing everything in its power to continue recreation for the city. 

Councilman Smith asked if donations were needed for the Easter Egg Hunt. Vice President 

Mills said BRACA is partnering with the Xenia Area Association of Churches and Ministries. 

The Association has the event very organized, has the funding, and will purchase 10,000 eggs 

from adults with special needs. The Association is looking for more basket donations as prizes 

so that each age group will have an opportunity to win baskets. If anyone is interested, please 

contact her and she will share the information with the chairperson. Their first meeting was 

today but they will be meeting again in a few weeks. Everyone is invited to attend the next 

BRACA meeting on February 9 th at 7 p.m. in the City Council Chambers. Raffle tickets are 

drawn for baskets for different age groups. Children must be present to win a basket. They also 

discussed having a welcome table with donuts and coffee this year to make it a communityfriendly 

event. The chairperson of the event, Sara Neer, will be at the February BRACA meeting 

to answer questions.


ITEMS FROM CITY COUNCIL AND MAYOR: None. 

OLD BUSINESS: None. 


City Manager’s Office: Mr. Percival said on there will be a community forum 

regarding the 2010 census on Saturday, February 27 th from 10 a.m. to noon at the Greene County 

Library. The event is sponsored by the Wilberforce Alumni Chapter of the Delta Sigma Theta 

Sorority. Many people have questions about the 2010 census. This is a forum for the entire 

community to have their questions answered regarding the census. He noted Mayor Bayless will 

make some introductory remarks, and City Planner Nimfa Simpson will explain why the census 

is important and why we need to be counted. 

Consider appeal of the denial decision of Xenia Planning and Zoning Commission: 

Request for Minor Modification relative to setbacks of radio antenna constructed on 

2153 Schwinn Avenue, Lot 152, Section 9 at Wright Cycle Estates PUD. Mr. Percival 

thought there was a lot of good discussion during Audience Comments relative to the agenda 

item this evening. They all received e-mails and other information regarding the issue. Even 

though there are Ohio House and Senate Bills pending, they have nothing to do with what 

Council is discussing tonight. The question before Council this evening is “does the requested 

appeal meet the City code and ordinances?” There was a request for the Planning and Zoning 

Commission to review the City’s Codified Ordinances again. That is important, but it has 

nothing to do with what Council is discussing tonight. If Council would like the appeal to go 

back to the XPZC for review after the appeal has been decided, then that can be done. The issue 

tonight is “does the requested appeal abide by our ordinances?” The Xenia Planning and Zoning 

Commission reviewed the request for a minor modification at their meeting on November 5, 

2009, and denied the request because it does not meet the City’s current ordinances. President 

Felton noted XPZC denied the request because the antenna was built without proper zoning and 

building permits. As chair of the XPZC, she does not vote unless there is a tie, but she will vote 

tonight. Mr. Percival noted City Engineer Chris Berger was available to answer specific 

questions. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to deny the request for an 

appeal submitted by Mr. David M. Coons to allow for the retention of a radio antenna built at 

2153 Schwinn Avenue without the required setbacks. Discussion followed. 

Councilman Louderback said he was a bit confused by all the literature he has read, especially in 

the Xenia Gazette. The City’s ordinances address antenna height—not tower height. The Xenia 

Gazette stated, “According to the city ordinances, Mr. Coons’ 26 foot antenna exceeds the 5 foot 

threshold that his neighborhood permits.” Other information he read stated the antenna was 60’ 

and another said the antenna was 51’, which was confusing to him. He 

believes there was some misrepresentation from the Xenia Gazette. He is not concerned about 

pending [State] laws. Council has to represent the citizens of Xenia [and its Codified 

Ordinances], which is why he will concur with the Planning and Zoning Commission’s decision 

to deny the request for a minor modification to the PUD.


Councilman Miller said although he did not live in Xenia in 1974, he was on City Council when 

the 2000 tornado came through. He has been in the Emergency Operations Center (EOC) for 

more than one emergency. By the time he walked the 4½ blocks from his home to the EOC, 

someone from XWARN was already at City Hall and up and running. In 2000, cell phones did 

not work in the area because all the cell towers were jam packed, which is true in any state of 

emergency. Without XWARN and the amateur radio operators’ network, a lot of the information 

the EOC used would not have gotten out. He is much more comfortable living in a town that has 

that kind of network set up. He also lives next to John Sale Manor that has a bunch of towers on 

top of the building. However, he knows the City’s zoning laws and regulations, he has seen the 

pictures, and he concurs with the XPZC recommendation. He will not go against the ordinance 

for this tower in that neighborhood. He will also vote to deny the request. 

Councilman Caupp said he spoke to several neighbors about the issue. There are ordinances on 

the books. As he has said since day one, if they have an ordinance they don’t like, then change 

it, but enforce the ordinances that are on our books. He agrees with the Xenia Planning and 

Zoning Commission recommendation #4, which states, “Addressing the issue through a code 

change or amendment of the current regulations is a better approach than the requested minor 

modification to allow a variance in the setback requirements.” If someone wants to try to 

change the ordinance, that is one thing, but he cannot support something that goes against the 

City’s current ordinances. After looking at the 60 photos of towers in the City of Xenia, he 

agrees there is a problem, and the ordinances have not been enforced. Council had a presentation 

at 5:30 p.m. tonight regarding the public opinion Citizen Survey. When citizens were asked to 

prioritize what was important to them, code enforcement was number 6 out of 15. He found it 

interesting that citizens want the City to enforce the current codes. About 10 months ago, he 

spearheaded the Design Standards Committee. The Committee will bring a recommendation to 

Council at the March meeting to address a lot of the design standards in this community that 

have not been addressed here but have been addressed in other communities. They are looking 

at the design standards and other things throughout the City, many of which have not been 

enforced in the past. One of the reasons he started the Design Standards Committee was to close 

some of those gaps so they can move the City forward. He does not want to discourage someone 

from participating in his hobby, but there are alternative ways to do it, such as using an attic 

antenna. When you move into a nice community, you expect certain standards and regulations to 

be followed. Unfortunately, if Mr. Coons had applied for a permit in the beginning, they 

wouldn’t even be discussing this because it would have been denied from the start and the tower 

never would have gone up. 

Vice President Mills thanked XWARN for being a wonderful friend to our community and 

without them, our community would suffer tremendously. The work XWARN does is so 

important, as well as their networking ability. XWARN can contact local communities and 

communities far away for help. She will vote to deny the minor modification because Mr. Coons 

did not follow the City’s ordinances and did not follow an established pattern. It is very 

important for us to follow the procedures. They are written as a guideline to move forward in a 

productive fashion. Without all of us following those guidelines, chaos will occur, and she does 

not want to see that. She also will not support granting the appeal. 

President Felton noted last year she chaired the Planning and Zoning Commission. It comes 

down to the ordinance and getting the permit. No, towers should not be all over town. Someone


complained, which is how staff became aware of Mr. Coons’ radio tower. That person may not 

have liked looking at the tower. Council does not legislate on covenants because that is not their 

job; covenant complaints go to Court. The City has a lot of laws but staff does not go around 

and look at everyone’s property to make sure they are abiding by every one of them. Staff can 

act on complaints if they investigate it and there is indeed a violation. Violators will receive a 

letter reminding them of the ordinance [law]. People have the perception that the City of Xenia’s 

ordinances are too strict. However, in comparison to other Miami Valley communities, the City 

is not strict enough in a lot of areas, which is what Councilman Caupp is trying to address. We 

like our community, it’s a good place to live, and we want it to look nice. There is no money in 

the City’s budget to repair broken sidewalks, but that is the property owner’s responsibility. 

However, staff cannot tell people to fix their sidewalks if they don’t have a job. This particular 

issue at hand isn’t personal – it’s the law. 

Mr. Bazelak clarified an “aye” vote would be to deny the request. President Felton said that was 

correct. The Roll on this was the following: 



Award of Bid for Custodial Services. Mr. Percival said two bids were opened on 

November 5, 2009, for custodial services for the Xenia City Hall and Xenia Service Center. One 

bid was from Red Carpet Janitorial Service and the other was from RDE System Corp. DBA 

Sonshine Commercial Cleaning. The bid from Red Carpet was the lowest and best bid. He and 

the Assistant City Manager met with the owner and local supervisors of Red Carpet and 

addressed some of the issues regarding comments about the services they were providing. 

Motion by President Felton, seconded by Councilman Louderback, to award the bid to Red 

Carpet Janitorial Service in the amount of $47,400.00 per year for cleaning services for the City 

of Xenia for the years 2010 and 2011, with 2012 being a third-year option. Discussion 

followed. 

Councilman Miller asked if Greene Inc. was sent bid information. Mr. Percival said it was a 

public bid, and anybody could have submitted a bid proposal. Councilman Miller said he was 

sorry that Greene Inc. did not submit a bid. Mr. Percival said he could contact Greene Inc. and 

ask why they did not submit a bid. Councilman Miller said he would like him to do that. 

Vice President Mills referenced page 4 of the contract, which states, “Cleaning activities in the 

Police Division shall begin at 4:00 p.m. each day. No regular cleaning activities for the 

remainder of the areas shall begin until after 5:00 p.m. each night (EXCEPTION: On Saturday 

and Sunday, cleaning should commence on or about 8:00 a.m.).” She asked that no cleaning be 

done on the second and fourth Thursday evening between 7 p.m and 9 p.m. on the second floor 

near the Council Chambers area. Mr. Percival said he would address that with Red Carpet. Vice 

President Mills said it is difficult to conduct Council meetings when there is a lot of noise 

(vacuums, etc.) in the background. President Felton agreed. 

Councilman Caupp said he spoke to the Assistant City Manager about the cleaning contract 

yesterday. He understood the contract could be terminated by either party upon thirty (30) days’ 

written notice to the other party. Due to the costs, he still would like the City to work toward


bringing this service in-house in order to have much stricter controls over what is being done day 

to day. He understood a lot of that has been addressed with Red Carpet, so hopefully those 

things will not be an issue this time. However, he would still like the City to work towards 

bringing the cleaning services in-house. 




Award of Bid for Police Target Range Training Facility on Ford Road. Mr. Percival 

noted in the 2010 Law Enforcement 251 Fund, the Police Division budgeted $300,000 to pay for 

the construction of a training building at the Police Firing Range on Ford Road to allow for 

classroom space, training and storage space for range materials and equipment. Thirteen bids 

were received. He recommended the bid be awarded to Dryden Builders, Centerville, Ohio, who 

provided the lowest bid at $261,250. 

Motion by Councilman Louderback, seconded by Councilman Miller, to award the bid for a 

Police Target Range Training Facility to Dryden Builders, the lowest and best bidder, in the 

amount of $261,250.00, and authorize the City Manager to enter into a contract with Dryden 

Builders based on the bid award for the building and a graveled parking area. Discussion 

followed. 

Councilman Caupp clarified they had two different options. Option Two at $261,250 was for the 

base building and a gravel parking lot. Chief Person said that was correct. Councilman Caupp 

clarified Option Three at $283,290 ($22,000 more) was for the base building and a finished 

paved parking lot. Chief Person said that was correct. Councilman Caupp said he could not 

support Option Two at $261,250. Per the City of Xenia Ordinance, gravel driveways are not 

allowed in front of houses. He understood the facility would not be located in a neighborhood; 

however, the Police Division budgeted $300,000 for this project, and if they are going to do it, 

they should to do it right and not install a gravel parking lot. He would like the motion modified 

to go with Option Three at $283,290. 

Chief Person said part of the reason they chose to go with Option Two was because there are 

additional costs as part of the $300,000. There is some site preparation needed associated with 

boring, and they have to run a sewer line about 510 feet. There are some additional costs that are 

not part of the bid to build the building and parking lot that need to be done. They will also have 

to dig a well. If they go with Option Three at $283,290, the project may end up costing about 

$310,000, and they do not have enough budgeted to do that. Councilman Caupp asked what a 

well had to do with the parking lot. 

Mr. Berger said he and Chief Person discussed the project at length. A well has nothing to do 

with the parking lot directly, but does affect the overall cost of the project. They only have 

$300,000 total. Option Two at $261,250 leaves them $39,000 to dig a well, conduct subsurface 

exploration to make sure they put the foundation on proper soil, and to install the 510’ sewer 

lateral. They took all that into consideration along with the gravel. He agreed gravel driveways 

are not allowed in City, but the building is located in Xenia Township which allows that. Their


first preference would be to install an asphalt parking lot, but that can be the last thing that is 

done. They wanted to see how the bids came in first. If they were still under budget, they would 

go back to the contractor and ask for a price to install an asphalt parking lot instead of a gravel 

lot. The contractor is aware of their game plan. 

Councilman Caupp clarified $261,250 does not cover the whole scope of the project. 

Mr. Percival said Option Two did not cover the well, sewer line, asphalt parking lot, and any soil 

borings. The $261,250 is just the cost of the building and gravel parking lot. Councilman Caupp 

asked when those bids would come back to Council. Mr. Percival said bids for the well will be 

brought back to Council shortly. Staff may run the sewer line, which would cost time and 

materials. Since there is no public water supply at Ford Road, they will have to pay for someone 

to drill a well. There should not be an issue with the soil. They did not want to ask for $283,290 

and then have to say they did not have enough money to finish the project correctly. President 

Felton asked if that answered Councilman Caupp’s question. Councilman Caupp said yes, but he 

still did not like it. He asked if all that would be done for $39,000. Mr. Percival said yes. They 

hope to get all that done including the asphalt parking lot. However, they did not want to pave 

the parking lot first in case they did not have enough money to do something more critical. 

Mr. Berger said he would feel better having $39,000 at his disposal rather than $17,000 at his 

disposal. 

Councilman Louderback said he agreed with Councilman Caupp. He said it is all well and 

dandy that Mr. Berger would feel better about having $39,000 at his disposal rather than 

$17,000, but he would rather see the whole picture instead of the partial picture. Mr. Percival 

said they could bring back to Council an estimate on the other costs. Councilman Louderback 

asked why those costs were not included. Mr. Percival said the company doing the building will 

not be doing the well, which is why it was not included in the costs. Councilman Louderback 

said he understood that, but staff is giving Council options to choose. He said $300,000 has been 

budgeted, but they don’t know what the other costs will be. 

Vice President Mills noted the $300,000 is not money from the Capital Improvement or General 

Funds—it is restricted money that can only be used by the Police Division for a specific purpose. 

Chief Person said that was correct; drug seizure money is placed in the Law Enforcement 251 

Fund. Vice President Mills asked if the building could be used before the other things are added 

to it [well, water, sewer line, asphalt parking lot, etc.] Chief Person said that was correct. Vice 

President Mills said as soon as the building is up, they will have shelter, a firing range, and they 

will be able to have target practice within that building. As time and money permits and more 

drug seizure money comes in, the building will be completed. Chief Person said that was 

correct. 

As Vice President Mills explained, Councilman Smith noted the $300,000 was drug seizure 

money and not just money being thrown at the Police Division. Councilman Caupp said he 

understood all the good points about the building and the drug seizure money, but nothing says 

they have to spend the $300,000 right now. Chief Person agreed, but the money has to be spent 

in a timely manner whether it is now or a year from now. Councilman Caupp said a city resident 

would not be allowed to build his house, then build his well, and then build his driveway. That is 

not how you do a project properly. He feels they should do it all at one time and that is all he is 

saying. If you have the funds available to do something, you do it right and complete the project.


You don’t do a little bit here and a little bit there. He would not build his house or City Hall that 

way. He does not care if the facility is located in Xenia Township. If they are going to do it, 

then they should do it right. 

Councilman Miller said he would like the parking lot to be paved regardless of what is allowed 

in Xenia Township. It is the City of Xenia’s property and they are supposed to be representing 

the City of Xenia. They need to follow our laws and ordinances, and they should pave the lot 

now. Hopefully, staff can do the paving in-house, and if there is enough money left, it may only 

cost $10,000 to $15,000 to pave the lot. More drug seizure may be coming in, or perhaps they 

can find the money in the budget. He will vote to approve the motion, as requested, but staff 

needs to make sure the lot is paved after the building is completed and the gravel is compacted. 

President Felton asked how long they have been working on the Police Target Range Training 

Facility. Chief Person said it had been three years. President Felton said it was a dream long 

before that. Chief Person said he has been physically working on the facility for three years. 

President Felton said the gun range has been discussed ever since she has been on Council. 

Chief Person said they began discussing a gun range in 1988 when Dan Aultman was Chief of 

Police. President Felton said she does not like not splitting up the project either, but she also 

does not like all the issues associated with blacktop, such as oil and antifreeze run offs. They’re 

darned if they do and darned if they don’t. She asked if any more money was coming from the 

federal government. Chief Person said yes. President Felton asked Chief Person to make a 

commitment that the money would be used to pave the parking lot. Chief Person agreed to do 

that. Mr. Percival said about $20,000 will be coming in and brought back to Council to pave the 

parking lot. 

Councilman Smith asked how many cars they anticipate will be parked there on a daily basis. 

Chief Person said usually there are 4 to 5 officers, since they conduct the training per platoon, 

but as many as 10 to 12 officers could participate in training exercises. President Felton noted 

others will be using the facility. Chief Person said the Greene County Sheriff and the Greene 

County Career Center will also be using the facility. There is also additional parking available 

on site. 

Councilman Louderback asked Chief Person if he would consider the drug seizure money tax 

payers’ money. Chief Person said no; it is not generated from tax dollars—rather it is money 

seized from drug dealers. If $300,000 is seized during a drug bust, then that money goes to the 

federal government and a portion is returned to the City’s Law Enforcement Fund that can be 

used for specific things, such as training. As with any money coming into the City, they have an 

obligation to care for it just like any other tax dollar that comes into the City. 

Councilman Caupp said he understood allowing the Greene County Sheriff’s Department to use 

the facility since they have a representative on the ACE Drug Task Force. He asked if the city 

charged a fee to the Greene County Career Center. Chief Person said they have a partnership 

with the Greene County Career Center. They are allowed to use the shooting range, and in 

exchange, the Police Division is given three slots when they do regional training, which is a quid 

quo pro arrangement. Likewise, the city provides the firing range to the Greene County Sheriff 

Department to use four times [per year] and they provide a drug dog, which saves the City 

money and the cost of a drug dog. Long-term, they have discussed charging a fee to maintain the 

range. Councilman Caupp asked when the lot would be paved. Mr. Percival thought the lot


would be paved by the summer. Chief Person thought the ground needed to settle for awhile first 

since it is located on farm land, and Mr. Berger agreed. Councilman Miller agreed. Councilman 

Caupp said he did not have a problem with the gun range, but when you do a project, you do it 

right the first time around and don’t piecemeal it. Councilman Louderback agreed. 


Ayes: Mills, Caupp, Miller, Smith, Bayless and Felton 

Nays: Louderback motion carried. 

President Felton stipulated staff would be back to complete the project as designed. Chief 

Person said absolutely. President Felton asked Chief Person to keep Council posted on the 

progress of the project. 

Emergency Resolution authorizing City Manager to prioritize and submit two (2) 

projects for consideration of funding under the Jobs for Main Street Act of 2010 to the 

Miami Valley Regional Planning Commission. Mr. Percival said on January 19, 2010, the 

Miami Valley Regional Planning Commission (MVRPC) conducted an informational training 

session regarding the proportioning of monies to the area for transportation-related projects 

under the federal “Jobs for Main Street Act of 2010.” Local jurisdictions were only given 4 days 

to submit projects for consideration. Last year the City submitted funding for Cincinnati Avenue 

under this project but that project was not approved. The City of Xenia has deemed two (2) 

projects that are eligible to receive such funding under the established criteria and the two 

eligible projects must be ranked on a priority basis. They are as follows: 

Priority One: Cincinnati Avenue Pavement and Sidewalk Rehabilitation ($997,801) 

Priority Two: South Columbus Street Resurfacing from Home Avenue to Main Street ($280,226) 

Similar to the funding scheme under the original federal American Recovery and Reinvestment 

Act (ARRA) in Year 2009, these projects would be 100% federally-funded with no City monies 

required. Mr. Percival respectfully requested that Council make two motions: 

Motion 1: Waive the second reading of a resolution at two consecutive meetings and pass as an 

emergency a Resolution for the City Manager to submit two (2) projects for consideration of funding 

under the Federal Jobs for Main Street Act of 2010 to the Miami Valley Regional Planning Commission 

(MVRPC). 

Motion 2: Motion to prioritize the two projects in the order presented. 

Vice President Mills presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO 

RANK AND SUBMIT TWO (2) PROJECTS FOR CONSIDERATION OF FUNDING UNDER 

THE JOBS FOR MAIN STREET ACT OF 2010 TO THE MIAMI VALLEY REGIONAL 

PLANNING COMMISSION (MVRPC), AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Vice President Mills, seconded by Councilman Smith, that the rules requiring the 

reading of a resolution at two consecutive meetings be dispensed with and this resolution be 

placed at once upon its passage. No discussion followed. The Roll on this was the following: 




Motion by Vice President Mills, seconded by Councilman Smith, that Resolution Number 10-B 

be now passed. No discussion followed. The Roll on this was the following: 



Motion by Vice President Mills, seconded by Mayor Bayless, to authorize the City Manager to 

rank and submit the following two projects for funding consideration under the Jobs for Main 

Street Act of 2010 to MVRPC: 

Priority One: Cincinnati Avenue Pavement and Sidewalk Rehabilitation 

Priority Two: South Columbus Street Resurfacing from Home Avenue to Main Street 

Discussion followed. President Felton asked that Mr. Berger continue to work this year to find 

other projects and have them ready to go for next year. She said she realized that Mr. Berger 

was very busy and that the City was only given 4 days to submit projects for consideration. 

However, they need to plan ahead on projects to be considered or the City will never get any 

funding, which has been a problem in the past. Mr. Berger agreed. Under the federal stimulus 

act, projects had to be “shovel ready” and thus would not need to wait on design work, which is 

why they chose sidewalk and/or curb rehabilitation and resurfacing projects. Because the city 

already has design standards, design work was not required. President Felton said they need to 

look at what needs to be done, try to get some guidelines, and get ready to go, even if it is the 

Shawnee Park lagoon. Mr. Percival said the Shawnee Park retention wall project would not be 

funded under this because this money is for transportation only. 




Emergency Resolution authorizing City Manager to enter into a LPA Federal Local 

Let Project Agreement and execute all necessary documents with the Director of 

Transportation of the State of Ohio for the Xenia Bikeway Spur Enhancement Project 

(PID No. 87368). Mr. Percival noted this was a project that was funded under last year’s ARRA 

Grant. Mr. Berger can further discuss what an LPA is, which allows local control of the project. 

Councilman Caupp presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A LPA FEDERAL LOCAL LET PROJECT AGREEMENT AND EXECUTE 

ALL NECESSARY DOCUMENTS WITH THE DIRECTOR OF TRANSPORTATION OF 

THE STATE OF OHIO FOR THE XENIA BIKEWAY SPUR ENHANCEMENT PROJECT 

(PID NO. 87368), AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Councilman Caupp, seconded by Councilman Miller, that the rules requiring the 


placed at once upon its passage. Discussion followed. 

Mr. Berger clarified on October 9, 2008, City Council authorized the City Manager to submit a 

Transportation Enhancement (TE) Grant application to the Miami Valley Regional Planning 

Commission (MVRPC). This is a standard agreement that ODOT requires for almost any project


with the local jurisdictions throughout the State of Ohio. In spring 2010, the City is responsible 

for contracting with a landscape architect to design the improvements. The City Planner has 

already started working on the Request for Proposal (RFP) process with a landscape architect for 

this project. This project is slated for construction on ODOT’s schedule for summer 2012. 




Motion by Councilman Caupp, seconded by Councilman Miller, that Resolution Number 10-C 




Reappointment to Board of Health. Mr. Percival noted Mrs. June Johnson’s term as a 

Xenia representative to the Board of Health expires on February 28, 2010, and she has expressed 

her desire to be reappointed to the Board for a four-year term. He respectfully requested that 

Council reappoint Mrs. June Johnson as a Xenia City Representative to the Greene County 

Board of Health with a term commencing on March 1, 2010, and expiring on February 28, 2014. 

Motion by Councilman Louderback, seconded by Councilman Miller, to reappoint Mrs. June 

Johnson as a Xenia City Representative to the Greene County Board of Health with a term 

commencing on March 1, 2010, and expiring on February 28, 2014. No discussion followed. 








bills totaling $146,581.11. Discussion followed. Councilman Caupp inquired about a payment 

to Ryan Grooms as noted on Page 5 for the repair and painting work in the amount of $1,350. 

He asked where painting was being done. Mr. Percival said Xenia Municipal Court hired 

Mr. Grooms to paint the Court areas. The Roll on this was the following: 



Items for the Finance Director: Mr. Bazelak announced that last week the Finance 

Department was notified by the Government Finance Officers Association (GFOA) that the City 

received the “Certificate of Achievement for Excellence in Financial Reporting” for the 26 th 

consecutive year. He thanked his Finance Department staff, and his assistant Mr. Ryan Duke, 

for all their hard work, as well as city staff. As with the Auditor’s award, this took a team effort


to accomplish. Councilman Miller congratulated Mr. Bazelak and his predecessor, Jim Freeman. 

He asked if Council could get a list of the other 5% of municipalities that received the “Making 

Your Tax Dollars Count” award that was presented tonight by the State Auditor’s Office. That 

is an impressive list. He would also like information posted on the City’s website. Mr. Bazelak 

said that would be done. Councilman Louderback also congratulated the Finance Department. 

Mr. Percival said he never heard of another community receiving the GFOA “Certification of 

Achievement for Excellence in Financial Reporting” for 26 consecutive years. Mayor Bayless 

asked if information would be in the newspaper. Mr. Bazelak said a press release would be 

prepared on both awards. Most of the time the Finance Department likes to stay out of the 

newspaper. (Laughter followed.) 

Law Director’s Office: President Felton introduced Mike Mayer, the Law Director for 

the City of Fairborn. 

Approval of agreements with two legal firms (Martin, Browne, Hull and Harper, 

and Taft Stettinius & Hollister LLP) to provide legal services for employment law cases. 

Mr. Mayer respectfully requested that Council take two actions: 

Action 1: Motion to approve the agreement with the law firm of Martin, Browne, Hull & Harper for the 

time period March 15, 2010, through December 31, 2011, for the purpose of providing legal services for 

employment law matters, and authorize the City Manager to sign said agreement. 

Action 2: Motion to approve the agreement with the law firm of Taft Stettinius & Hollister LLP for the 

time period March 15, 2010, through December 31, 2011, for the purpose of providing legal services for 

employment law matters, and authorize the City Manager to sign said agreement. 

Vice President Mills asked if an appropriation ordinance to increase the amount would be needed 

for this agenda item. Mr. Bazelak said legal services are provided on an as-needed basis in a 

given year. President Felton asked how much money was budgeted. Mr. Bazelak said $20,000 

was appropriated in the line item for legal services for 2010. Vice President Mills said she 

would like to make an amendment to the agenda item that there would be a maximum of $20,000 

allocated for these services. Anything above that amount would have to be approved by City 

Council. Mr. Bazelak recommended if Council would like to do that, they should add not-toexceed 

amounts in the particular contracts; however, they are not sure which firm will be used, 

which is based on the issues that arise throughout the year. If Council would like to allocate 

not-to-exceed amounts for the first firm and $5,000 for the second firm, that would accomplish 

encumbering those “not-to-exceed” amounts in the contracts, which would be within the amount 

budgeted in 2010. 

Motion by Vice President Mills, seconded by Councilman Caupp, to approve the agreements 

with the law firms of Martin, Browne, Hull & Harper and Taft Stettinius & Hollister LLP for the 

time period March 15, 2010 through December 31, 2011 for the purpose of providing legal 

services for employment law matters, and authorize the City Manager to sign said agreements. 

Discussion followed. 

Councilman Miller clarified this was just a retainer. Mr. Bazelak said that was correct, at an 

hourly rate, but they could put not-to-exceed amounts in the particular contracts. Obviously, 

they cannot exceed the $20,000 budgeted, although it is an operating item. Depending on the


need, money could be transferred from other operating line items as necessary. Councilman 

Miller asked what would happen if each law firm was allocated $10,000, but they needed the 

services of one firm more than the other. If the City is retaining their services, they will quickly 

find out if they need them [long term] and how much it will cost them before they are used. 

President Felton said she checked the actual money spent in 2009, and it was $7,250 for the 

employment law firm and nothing was spent for the other law firm. Council can set a maximum 

or leave it as presented, but it just a retainer. Mayor Bayless did not think a cap would be 

necessary; the $20,000 that is budgeted should suffice. 

Councilman Caupp said if something serious came up that exceeded $20,000, it would have to 

come back to Council anyway. Mr. Bazelak agreed an additional appropriation would have to be 

approved by Council. Councilman Caupp said having served on the Xenia Civil Service 

Commission for nine years, he worked with Bill Groves [Martin, Browne, Hull and Harper] 

several times, and he always did a very good job for the City. He would vote to approve the 

contracts as presented. 

President Felton asked for Mr. Mayer’s opinion. Mr. Mayer said both are very reputable firms. 

He agreed with Mr. Bazelak that an additional appropriation would have to be approved by 

Council. Vice President Mills said that was her main concern about the contract, which just gave 

an hourly rate but no maximum number of hours was stated. She just wanted to make sure 

Council would be aware if the amount exceeded $20,000. Mr. Bazelak assured Council that he, 

the City Manager, and the Human Resources Director would use those funds judicially and only 

when necessary. 




Introduction of a Resolution for May 4, 2010 Ballot Question. Mr. Mayer presented a 

Resolution to request and authorize the Greene County Board of Elections to place upon the 

May 4, 2010, ballot the question to increase the City’s Income Tax rate from 1.75% to 2.25%, 

and it was read for the first time. 

Councilman Caupp introduced a RESOLUTION REQUESTING AND AUTHORIZING THE 

GREENE COUNTY BOARD OF ELECTIONS TO PLACE UPON THE CITY OF XENIA 

BALLOT AT THE PRIMARY ELECTION ON MAY 4, 2010, THE QUESTION OF 

WHETHER ORDINANCE 10-02 INCREASING THE CITY OF XENIA INCOME TAX RATE 

TO TWO AND ONE-QUARTER PERCENT (2.25%) SHALL BE APPROVED IN 

ACCORDANCE WITH SECTION 718.01 OF THE OHIO REVISED CODE, and it was read 

for the first time. 

Introduction of an Ordinance approving the Lease of 3.84 tillable acres. Mr. Mayer 

presented an Ordinance authorizing the City Manager to sign a lease for 3.84 tillable acres on 

land on Lower Bellbrook Road, and it was read for the first time.


Vice President Mills introduced an ORDINANCE AUTHORIZING THE CITY MANAGER 

TO SIGN A LEASE FOR 3.84 TILLABLE ACRES OF LAND ON LOWER BELLBROOK, 


Second Readings of Ordinances and Resolutions: Mr. Mayer presented a 

RESOLUTION ENDORSING THE EXISTING CONDITION ASSESSMENT PHASE OF 

GOING PLACES – AN INTEGRATED LAND USE VISION FOR THE MIAMI VALLEY 

REGION, and it was read for the second time. 

Motion by Councilman Miller, seconded by Vice President Mills, that Resolution Number 10-D 

be now passed. Brief discussion followed. Mayor Bayless said she attended the “Going Places” 

presentation last night at the Greene County Media Center on Ledbetter Road. The presentation 

was not well attended perhaps because there have been several presentations in the area recently. 

Councilman Miller noted he attended the presentation in Fairborn and it was also not well 

attended. The Roll on this was the following: 




READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller wished the 

happiest birthday to the loveliest wife anybody could ever imagine. He has missed a lot of 

birthdays, for her and the kids, since he began to serve on Council. 

Councilman Smith said he was looking forward to working with the Xenia Traffic Commission. 

He had a good discussion with Mayor Bayless this week over lunch. They discussed the need for 

community recreation and they would like to take a leadership role in providing recreational 

opportunities as funds are available. There are still requests for relief for the people of Haiti. 

His church, Northside Christian Church on Country Club Drive, is accepting donations such as 

peanut butter, linens, and clothing that will be taken to another church to be sent to Haiti in mid- 

February. He cautioned people should be very wary of people asking for cash donations. Any 

donations should be given to legitimate organizations. 

Mayor Bayless thanked her mother for joining her in a presentation on Martin Luther King Jr. 

Day at the National Afro American Museum. Her 91-year old mother did a great job, but she 

keeps asking her why she has to keep saying she is 91 years old. The presentation was very well 

received and many people attended. She had her first ribbon cutting today. She welcomed to 

Xenia the Jackson Hewitt Tax Service located at 60 Xenia Towne Square. 

Vice President Mills invited everyone, including Councilman Smith and Mayor Bayless, to the 

next BRACA meeting on February 9 th to hear more about their upcoming events. It takes 

volunteers to make those events happen and volunteers are very welcome. She hopes the Xenia 

Gazette will give praises to the Finance Department for all the awards they recently received. It 

is quite an accomplishment! 

Since he was unable to attend the last Council meeting, Councilman Caupp welcomed Mayor 

Bayless and Councilman Smith. He congratulated Mr. Bazelak, Mr. Duke, Becky Louderback


(retired Assistant Finance Director), and Jim Freeman (retired Finance Director) for the awards. 

They are to be commended for how they handle our tax payers’ money. He alerted citizens there 

are representatives from AT&T Cable going around the City. Time Warner now has some 

competition in Xenia. If you listen to what the gentlemen have to say, they are offering some 

very competitive, enticing deals to those who may not be so happy with Time Warner. The 

AT&T employees will be wearing orange jackets and they will have their credentials. They are 

doing legitimate business and are not scam artists. He wished his mother well following her 

surgery today. 

Councilman Louderback congratulated the Xenia Hip Hop Team for competing in Springboro 

last week. The junior high school team was awarded first place and the varsity team was 

awarded first place and grand champions. The cheer squads were awarded first and second place 

awards, which was a big accomplishment for the Xenia Hip Hop Team. According to a press 

release from the Xenia Police Division, residents have been receiving harassing calls from an 

unidentified male impersonating a police officer. The majority of the calls have been made to 

residences around the North King Street area. Police are asking anyone who receives a similar 

call to contact the Criminal Investigations Section at 376-7211 or 372-9901, if after 5 p.m. 

These people are harassing our senior citizens and he would like to see something done. He 

reminded Council that the Assistant Secretary of State, Mike Rankin, offered to come to Council 

Chambers and talk to Council about anything they would like to discuss. First and foremost on 

his mind are jobs. Xenia, along with Ohio and the whole country needs jobs, but he only 

represents Xenia. Xenia has a 12% unemployment rate and we need to do something about jobs 

in Xenia. He encouraged everyone to shop Xenia. 

President Felton thanked State Representative, Jarrod Martin, for staying for the entire Council 

meeting tonight. She reminded citizens to bring their pets inside during cold weather and to 

make sure they have water. 



following: 









Special Budget Session 

9:00 a.m. 

The Xenia City Council met in a Special Session on January 30, 2010, at 9:05 a.m., in the City 


Dale Louderback (arrived at 10 a.m.), Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

William R. Miller was absent 

Continuation of 2010 Budget Review. Mr. Bazelak said staff was available to answer any 

questions Council may have on the 2010 budget. One of the main differences in the 2010 and 

2009 budgets is the reduction in staff that took place in 2009. 

Information Technology (101-1010). 

Information Technology, Dept. 1010 

Object Code Detail/Amount 

53207 Data processing – Manpower Services (Temp) @ $20,500 

President Felton asked if money to hire temporary Manpower staff in the IT Department would 

be removed from the budget. Mr. Bazelak said no. The IT Department has one temporary 

contractual position, the technician position, and Mr. Cardenas. The temporary position will 

remain. 

Information Technology, Dept. 1010 


53212 I-Net Services (Time Warner) @ $39,500 

Councilman Caupp asked when the City’s contract with Time Warner was due to expire. 

Mr. Bazelak said the contract would expire at the end of March. Councilman Caupp asked if 

AT&T could be asked to bid on the contract. Mr. Bazelak said they discussed the best 

methodology to do that. Since the phone service contract is also up this year, they may solicit 

bids for the I-Net and phone service together, but there may be one issue. They thought AT&T 

and Cincinnati Bell may be required to build the fiber which would take them more time to be 

able to bid; however, they may be able to use Time Warner’s existing fiber, which would 

obviously eliminate the time constraint. Their goal is to have both AT&T and Cincinnati Bell, 

and anyone else they don’t know about, give them a bid. Councilman Caupp said AT&T gave 

him a great deal on his cable. He wanted some upgraded cable services but it was going to cost 

him another $35 a month with Time Warner. He told them he would not pay $35 more a month 

when his neighbor two houses down pays $10 less than him already. AT&T’s DVR box for five 

TV’s was $119, along with cable and battery backup. Mr. Percival said they do plan to take 

those services out to bid just to see what price they can get. 

Mr. Bazelak said Mr. Cardenas also has a capital component in the General Capital Improvement 

Fund, but they reduced it significantly for 2010 to just $10,000 (for contingency replacements)

XCC Special Budget Session Meeting Minutes, 01-30-10, Page 2 

which is a significant reduction compared to the normal allotment to replace PC’s on a recurring 

basis. Obviously the City has a significant amount of equipment that occasionally breaks down. 

President Felton asked if new computers would be purchased this year. Mr. Cardenas said no. 

President Felton thought most of the computers were fairly new. Mr. Cardenas said computers 

are usually replaced every five years. There might be some computers that are six years old but 

they still work. Mr. Percival felt his computer needed to be upgraded and/or replaced; he cannot 

play training DVD’s on the computer in his office. 

Utility Billing (708-1008) & Municipal Income Tax (101-1007). Mr. Bazelak said personnel 

costs will not be found in Fund 708; instead those costs are in Fund 611 (water, sewer, sanitation 

and the parking funds). Fund 708 reflects the costs for utility billing. As discussed with Council 

last fall, they would like to start charging the $50 sign-in fee to use for technology improvements 

in the Utility Billing Department and to reduce utility rates for customers down the road. This 

year they identified some technology improvements they would like to have in the budget that 

would help them in the office. It has been very challenging over the last few years to be able to 

provide services. Last week there were almost 200 shut-offs. Ms. Steck said out of 10,000 

customers, 2,000 shutoff notices were mailed. They had a line of people Friday trying to get an 

extension to pay so their utilities would not be shutoff. 

Ms. Steck said she got three quotes for a piece of equipment to help staff after they open the mail 

and batch the stub and check. The equipment would then read everything, tell them if there are 

any mismatches, creates a file that goes to the utility system, and also creates a file that goes to 

the bank with the checks. It is essentially a one step process that creates the deposit file for the 

bank and also creates the payment file. Currently the mail comes in, the check and stub are 

removed and checked to see if they match, then the checks and stubs are batched and added. 

Councilman Caupp asked what she meant by the check and stub not matching. Ms. Steck said 

sometimes people will pay a different amount than is shown on the stub. Councilman Caupp 

asked what the machine would do. Ms. Steck said the machine would give them the mismatches 

between the check and the stub (stub indicates $150 is owed, but the check is written for $123). 

The machine will give them a mismatch list to ask which one is correct. Staff would indicate 

that the stub should match the check and it would automatically change the payment file going to 

Utility Billing. Councilman Caupp asked if the machine reads the information no matter how it 

is loaded (upside down, etc.). Ms. Steck said no; staff has to open the mail and stack stubs and 

checks right side up. Mr. Percival said it is similar to what banks do when they feed in a pile of 

checks to be read. Ms. Steck said the machine actually does the payment side along with the 

check side. The other advantage is that the money would get into the bank faster. One day last 

week there were three mail tubs of utility mail. They are looking at ways to make the process 

faster and the money into the bank faster. The machine also has a module for utility bills paid 

on-line so they can start getting those electronically. Currently, they get a check. For example, 

if you go to your bank to pay your City of Xenia utility bill, the bank cuts the city a check. Staff 

then receives a check (without the stub), figures out the account number, and applies it. The 

company works with the different payment processors to get staff the file electronically. 

Mayor Bayless asked if customers are charged a fee for paying utilities on-line. Ms. Steck asked 

if she was asking about paying on-line or through the bank. Mayor Bayless said either way. 

Ms. Steck said due to the lower costs for processing credit card payments, there is no online 

processing fee for credit card payments using VISA/MasterCard. There is a $2.00 online


processing fee for all electronic check payments made via the website. Staff learned that while 

the credit card process requires limited staff time, the electronic check process requires 

substantial staff time to balance the fees, track and balance the ACH (Automated Clearing 

House) deposits and process returned items (incorrect routing or account numbers, insufficient 

funds). A customer paying with a check card (VISA/MasterCard Debit Card) is run through as a 

credit card so there is no fee. 

Councilman Caupp noted his wife logs onto Key Bank. Ms. Steck said they get a physical check 

from Key Bank. Key Bank processes the payment, prints a check, and mails it to Utility Billing. 

Staff then opens the mail and removes the check but no stub is included. Councilman Caupp 

thought the whole purpose of electronic banking was to eliminate that. Mr. Percival said that is 

why Ms. Steck is recommending purchasing a machine to do that. Without the machine, 

Ms. Steck said someone would have to go to each bank every day and request those electronic 

files and pay a fee per transaction. She does not have the staff to log on to each bank every day. 

The bank also charges a merchant’s fee per transaction. The system she is recommending has a 

process to do that. Obviously there is a cost associated with it, but it would be a tremendous 

time savings in the office because they do not get any stubs with the electronic payments. 

Councilman Smith asked what percentage of customers pay at the counter. Ms. Steck said last 

year 22,792 utility bills were paid at the counter. Mr. Percival said that would be about 12% 

(10,000 per month x 12 / 22,792). Ms. Steck said the total payment transactions last year totaled 

119,774. Councilman Smith asked if there was a way for customers to pay their bill at local 

merchants for a fee. Ms. Steck said customers can pay their utility bills at Groceryland, Fulmer, 

and IHS Pharmacy, and they get a fair number of collections through them. It is wonderful that 

merchants do that for them because they are only paid $.07 for collecting the payments and have 

been paid that amount for as long as anyone can remember. Vice President Mills said the 

merchants also staple the stub to the check. Ms. Steck agreed – merchants will not take the 

payment without the stub. Those merchants bring the payments over once a day. Councilman 

Smith asked if merchants that accept payments are listed on the utility bill. Ms. Steck asked if 

Councilman Smith read the blue insert that was included in this month’s utility bills. The back 

of the insert lists all the ways that customers can pay their utility bill. Quite honestly, she is 

trying to drive people away from paying at the counter. Customers can pay on-line, via ACH 

withdrawals, through on-line banking, at Groceryland, Fulmer, and IHS Pharmacy, or at the 

Utility Billing Office. 

Mr. Bazelak said 10% of people pay on-line. Ms. Steck said last year they had 7,408 on-line 

payments. Councilman Caupp said he assumed on-line payments would help reduce staff time, 

but it is crazy that banks do it like they do. Ms. Steck said that is why they are looking at 

purchasing E-LockBox. Payments would essentially go into an electronic lock box so they can 

receive checks electronically. She lives in the City of Huber Heights and does on-line banking, 

but her stub is not included with her check. The E-LockBox price quotes she received range 

from $23,000 to $28,000 and they would like to use the revenue generated from the $50 deposit 

fee to purchase it. 

Councilman Caupp said if they spend $28,000, they could reduce staff by one-half a person. 

Ms. Steck said if they spend $28,000 maybe she can go back to working in Income Tax. 

Mr. Bazelak reminded Council that in September 2009, they requested to hire one additional


staff person in Utility Billing. Vice President Mills said she agreed with Councilman Caupp. If 

they purchase the machine, it would eliminate a lot of work that staff does, so they can redirect 

their time and talents somewhere else. 

Councilman Smith said he investigated purchasing the machine for his business. He thought the 

companies charge a fee for every check scanned. Ms. Steck said the company she has been 

talking to has the lowest bid at $24,000. She would prefer to use that company because they 

work with the city’s software vendor, it is the same machine the Greene County may use in the 

Recorder’s Office, and it is the same machine the Greene County Sanitary Engineer’s Office is 

installing. The initial cost is $21,045 for the machine and installation. They charge $.12 per 

scanned item, which is essentially a license charge. Based on her best estimate, they would have 

to pay the company $1,320 annually (license charge and upgrades to the service). The 

E-lockbox Pro would allow them to do their on-line banking and costs $50 a month and $.10 an 

item. She estimated it would cost $840 a year (based on 2,400 items). Councilman Smith said 

he was not questioning Ms. Steck’s math, but if they take in $100,000 in checks at $.12 a check, 

that is more than $1,200; it would be closer to $12,000. Ms. Steck said she meant to say each 

check would cost $.012 per check. Councilman Smith said that is a fantastic rate. 

Mr. Bazelak said staff is asking to allocate money for the machine in the final 2010 budget. 

Based on the dollar value, the item will have to go out for competitive bid. Staff would then 

come back to Council for approval once the bids are received. Staff got some quotes to give 

Council some idea about the costs. Again, they would like to utilize the dollars they would 

accrue from the $50 deposit fee to pay for the machine. 

President Felton asked how long it would take to pay for the machine. Ms. Steck said they have 

not yet started the $50 deposit fee, so until she starts collecting that fee, it would be hard to 

estimate. Mr. Bazelak said they estimated they would collect $70,000 to $90,000 in deposit fees, 

based on $50 each. Ms. Steck said last year they had 1,251 move-ins last year and 1,766 moveouts; 

however, that may be for the same property multiple times. Councilman Caupp asked how 

much they collect in reconnection fees. Ms. Steck said she did not bring that summary, but the 

reconnection fee is $25. Previously, customers were not charged anything to have water turned 

on. The $50 deposit fee begins February 1 st . A delinquency shut-off reconnection fee is $25. 

Tenants are now required to provide a copy of a lease and owners are required to provide proof 

of ownership to establish service. Mr. Bazelak said the on/off charge collections last year were 

$43,837.78. 

Councilman Smith asked if customers are charged a deposit fee. Mr. Bazelak said no. At the 

September 24 th special session, they discussed how the economic downturn has increased 

counter traffic and phone calls related to delinquent accounts and service requests. To continue 

to provide current services and to collect and manage a deposit system, one additional staff 

person was requested. Council felt it would be difficult to hire somebody at this point even 

though the revenue source is through water and sewer rates, which is different than what they 

discussed with governmental type operations. Since Council was not desirous of moving in that 

direction, staff looked for other alternatives. The alternative they discovered was new 

technology and using the $50 deposit fee to pay for it.


Councilman Caupp asked how delinquencies this year compare to last year. Ms. Steck said 

2,000 shut-off notices were mailed in January 2010, compared to 1,367 in January 2009, and 

they had 192 regular shut-offs and 25 shut-offs for extension finals. Mr. Percival did not think 

the number of shut-offs was significantly higher. Ms. Steck said since they have gone to 

monthly billings, it was an unusually higher number of shut-offs. That number of shut-offs was 

very common when they did quarterly billing/shut-offs. The number of shut-offs in December 

was 217. She was amazed at the number of notices mailed; however, 26% of those notices were 

duplicates to landlords, which is a service now offered (i.e., 1,555 to tenant or owner-occupied 

homes and 541 duplicate notices to owners). 

Councilman Caupp asked if mailing a duplicate bill to landlords reduced the number of water 

bills with excessive amounts owed. Ms. Steck said a lot more landlords receive duplicate water 

bills, but it is hard to say if it has reduced the amounts owed. If she was a landlord, she would 

not want to have to pay the bill either. Landlords are still not happy if they have to pay the bill 

after it goes to the Collection Agency. 

Vice President Mills asked if landlords appreciated knowing the information in a more timely 

manner so they can address the issue with their tenants rather than finding out the information 

after the fact. Ms. Steck said she would say probably yes, because they receive a lot more 

notices. Landlords who signed up to receive duplicates of the bill know when the final bill goes 

unpaid. Landlords also get a letter from her stating if their tenant does not pay the delinquent bill 

it will go to collections. A few owners said they would leave the service in their name since the 

$50 fee was implemented, which really makes everybody’s life easier. If the owner gets the bill, 

they know what is going on. 

Mr. Bazelak noted Council discussed whether to continue to have the Ordinance making the 

property owner ultimately responsible for unpaid utility bills and they came up with a projected 

number on what that write-off could be if Council decided to go in that direction. They projected 

$70,000 to $120,000, which resulted in a rate increase to cover that write-off. The amount sent 

to the collection agency bears out that estimated amount of write-offs to the city and the 

additional charge to the rate to cover that change. Now they have figures on what was actually 

sent to the collection agency. A lot of customers have been paying their bill because they know 

the unpaid bill will be sent to the collection agency. They estimated that figure would be even 

higher, but the range of $70,000 to $120,000 seems to be true. Ms. Steck said $71,023.50 has 

been sent to the collection agency in the last 10 months. Councilman Caupp thought the 

collection agency was charging the city a flat rate. Ms. Steck said the collection agency charges 

a $10 debt collection fee and is collecting about 20% of the accounts. Mr. Bazelak said they will 

review the collection company contract toward the end of the year to see what makes sense. The 

company estimated they would collect 40% of unpaid utility bills, but has collected 15% of 

unpaid utility bills in terms of the dollars. Based on the economic downturn, the collection 

agency has had limited results. 

Councilman Caupp thought his company paid 21% for collections. Ms. Steck said if they 

wanted to do that, Council would have to decide if they wanted to add a fee onto the balance 

before it goes to the collection agency. With the current contract, the city is not out any funds 

because the $10 fee is charged to the customer’s account. Xenia Municipal Court adds a fee onto 

the balance before it goes to the collection agency so we are not getting reduced revenue.


Councilman Caupp said he felt that if the account goes to collections, the person responsible for 

the account should have to pay the fee. Ms. Steck said Council would have to vote to change the 

Fee Schedule (that shows the fee at $10) if they want the fee to be based on a percentage of the 

amount due. She noted one reason they decided to charge a $10 fee was because it really did not 

put that much extra burden on a person that is already in dire straights. About 20% of what she 

sends to collections is on foreclosed properties for people who have lost their homes. If you’ve 

lost your home, you really don’t care about paying the utility bill. 

Councilman Caupp asked if the new buyer or bank was responsible for paying a delinquent 

utility bill on a foreclosed property they have purchased. Ms. Steck said the responsibility party 

is the person who signed up for new service. Mr. Percival said he would like to be able to get the 

banks to pay the delinquent utility bill before the property goes to Sheriff’s sale. Councilman 

Caupp said, in a perfect world, the bank would have to pay the delinquent utility bill out of the 

sale price of the foreclosed property. Ms. Steck said most Xenia area realtors are good about 

telling them they are going to be doing a closing on a property and asking if there are any unpaid 

bills. Staff gives them the information and they take care of the unpaid bill at closing. She does 

not really have a good answer to Councilman Caupp’s question. They have it posted that 

delinquent utility bills are not written off and that the customer is responsible. Mr. Bazelak did 

not think everyone reads that before going to the auction. 

Councilman Smith asked if Mayor Bayless and he were on Council when they discussed the $50 

deposit. Mr. Bazelak said that discussion took place last fall. Councilman Smith said if a $100 

deposit was charged, based on 1,000 new customers each year that would be $100,000. Could 

they not hire somebody to manage the deposits? President Felton said the deposit has to be 

returned to the customer. Councilman Smith said the deposit is not returned if the customer 

defaults. Ms. Steck agreed, but the deposit does not bring in additional revenue; it just pays the 

delinquent water and sewer bill. President Felton said staff would have to take on the extra 

responsibility of collecting the deposit, etc., and then make sure it is refunded after one year. 

The city cannot keep the deposit. Ms. Steck said they also have to pay interest on the money. 

Councilman Smith asked why the city could not keep the money if the customer defaulted on 

their bill. President Felton said the city can keep the money if the customer defaults, but if not, 

they have to return the money (with interest) after one year, and the added workload was more 

than the benefit. Ms. Steck said currently the owner pays the delinquent utility bill if the tenant 

does not. Essentially, the end result for the City is the same. Obviously the owner is not happy, 

but the delinquent bill is either paid by the deposit or the owner. 

Mr. Bazelak asked Council if the cost of the machine could be placed in the final budget. 

Council said yes. Mr. Bazelak said staff would present the bids to Council this summer after tax 

season. 

Mr. Bazelak said there were no changes in the 2010 Income Tax budget. 

President Felton noted the Income Tax Office would be open extra hours this year. Ms. Steck 

said they did not discuss the office being open extra hours for the public this year due to limited 

staff; however, staff will be working additional hours processing income tax returns. When she 

worked Saturdays, they might only have five people filing their return. She has not notified the 

public that the office would be open extra hours. The office was always open the last Saturday


before the April 15 th filing deadline from 8:00 a.m. to noon. Mr. Bazelak said the office is 

usually open until 6 p.m. the week preceding the April 15 th deadline. Mr. Percival noted last 

year the office had a lot of people during the week that needed help filing their city income tax 

return. Ms. Steck said the tax office is available to prepare city income tax returns at no charge 

during the hours of 9 a.m. and 5 p.m., Monday through Friday. President Felton said she would 

like a sign posted somewhere in the City Building to let people know that rather than having to 

wait for staff to prepare their city return, they can get all their tax returns prepared for free at the 

Xenia Community Library. Ms. Steck said VITA (Volunteer Income Tax Assistance Program) 

offers free tax preparation 1 . She thought there might also be income tax assistance offered at 

XARSC. 

Councilman Caupp asked why the city income tax return is due on a different date than state and 

federal returns. Councilwoman Felton said that was changed a few years ago [from April 30 th to 

April 15 th ]. Mr. Bazelak agreed the city income tax return is due on April 15 th . Councilman 

Caupp thought he had to have 75% of his City of Xenia taxes paid by a certain date. Ms. Steck 

said estimated quarterly monthly payments must be paid by certain dates. The federal 

government has the same rules, and they enforce the quarterly estimated payment dates. The 

City of Xenia does not enforce the quarterly payments and just allows taxes to be paid by 

January 15 th . Many cities require that quarterly payments are made by certain dates. 

Councilman Caupp clarified that he had to pay his city taxes by January 15 th because he does not 

pay city taxes throughout the year. Ms. Steck said yes, estimated payments are due by 

January 15 th and the federal government has the same rules, but they enforce quarterly payments. 

Mr. Bazelak said the city only requires 80% of the payment to be made by January 15 th but State 

law allows them to go up to 90%. 

Councilman Smith said a CPA in Xenia asked him why someone who worked and lived in the 

City of Xenia still had to mandatory file. Ms. Steck said because the City of Xenia is a 

“mandatory file city.” Councilman Smith wondered if the work load would be reduced if they 

did not have to mandatory file. Ms. Steck said they would not have any idea where that person 

worked because they do not receive any W-2 information from the IRS. Mr. Bazelak said he did 

not have the numbers, but the city went to mandatory filing around the late 1980’s, which was 

the same time there was the issue with reducing the credit. There was some analysis done on the 

additional dollars they collected from a compliance standpoint. When you don’t require people 

to file a city return, unfortunately, sometimes you don’t get the compliance you would get when 

you require them to mandatory file. Ms. Steck said some people have rental income and 

schedule Cs. President Felton said everybody files regardless. Mr. Bazelak said sometimes 

people do not know they have to file due to certain income. When people are required to file a 

city return, staff will notice they had other income. It is either a miscommunication or they did 

not have that knowledge. 

Ms. Steck said she would see about getting the sign posted about tax return services by VITA at 

the Xenia Community Library, the services provided at XARSC, and she would put that 

information in her article to the Xenia Gazette. 

1 VITA does not prepare city tax returns. They only prepare federal, state, and school district returns.


Engineering Dept. (101-1555) & Construction Inspection (101-1556). President Felton asked 

Mr. Berger if he was purchasing any vehicles this year. Mr. Berger said no. There are no 

increases in the Engineering Dept. (101-1555) & Construction Inspection (101-1556) 2010 

budgets. He looked at both budgets and each line item from 2009 and made adjustments 

accordingly. Council will notice a lot of zeros on line items because he tried to keep the 2010 

budget flat. 

Fund 101, Engineering, Dept. 1555 


53122 Eng Services/OH Gov. Safety Grant – Upfront monies for reimbursement grant 

application @ $6,000 

Mr. Berger reminded Council the Ohio Governors Safety Grant is a 100% reimbursable grant 

from the State of Ohio (grant is $32,000). Back in November, Council gave the City Manager 

authorization to enter into a contract with TEC Engineering to do the safety study. The city is 

playing the middle man. TEC Engineering bills the city, the city pays the invoice and the State 

reimburses us. Mr. Percival noted the safety studies are for Main Street/Allison Avenue, Main 

Street/Progress Drive, and the U.S. 42 Corridor (Church Street to U.S. 68). 

Construction Inspection (101-1556). Mr. Berger said the 2010 budget reflects a reduction of 

3.3% and the Engineering Department shows an increase of 1.07%. Given how personnel costs 

rise, he did not think those figures were too painful. He then entertained questions. 

Mr. Percival said he hopes some of the construction inspection costs are reimbursed this year due 

to doing some federal projects. He thought they had some federal projects that would allow the 

city’s engineering inspection service time to be reimbursed, which would save some money. 

Mr. Berger noted they opened bids for the two stimulus projects last Thursday, but he has not 

had a chance to review them. Council will be asked to award the bids on February 25 th . ODOT 

agreed with the schedule. He hopes construction on both stimulus projects will begin on 

April 1 st . One project is part of the Downtown Xenia Comprehensive Streetscape Project for one 

segment from E. Main Street between Whiteman Street and Collier Street and the second project 

is the Xenia Station Bike Spur Enhancement Project from Xenia Station to Hill Street, which was 

funded with Recovery Stimulus dollars. He noted Ms. Simpson was successful in getting 

funding for the West Main Street Enhancement Project and that Phase I and Phase II were 

combined into one project with ODOT’s blessing. Two weeks ago, they submitted final plans 

for both phases. Stantec Consulting Services from Columbus was hired to do the master plan 

and the preliminary engineering. Since those are Transportation Enhancement (TE) Projects, the 

city has a local match. With those two projects combined, our local match is $190,000 plus. 

ODOT called him a few weeks ago and said because the design phase is done, the City could 

potentially use the second round of stimulus funds for that local match. ODOT has to go through 

the federal government to see if the project qualifies. Mr. Percival thought they went through 

that last year and ODOT told them they could not do that. Mr. Berger said no – that was the 

Miami Avenue project, which is Issue II money (state funded) and TE is federal funds. 

President Felton asked if the state would put up "Project Funded by the American Recovery and 

Reinvestment Act" signs. Councilman Caupp did not think they had to erect those signs. 

Mr. Berger said ODOT required that the signs be erected as part of the contract for the two


stimulus projects. Given that Xenia residents will be asked to approve a .5% income tax levy, 

Mr. Bazelak said he thought the signs were a good idea so citizens will know that no city money 

is being spent on the projects. Councilman Caupp noted millions of dollars were being spent on 

those Recovery Act signs. 

Fund 101, Engineering, Dept. 1555 


54202 Uniforms – Special @ $900 (safety boots $500; winter apparel $200; misc. uniform $200 

Fund 101, Construction Inspection, Dept. 1556 


54202 Uniforms – Special @ $1,100 (safety boots – 2 inspectors $1,000; misc. uniform $100 

Councilman Caupp noted they had discussed uniforms a lot lately. He asked for whom uniforms 

were supplied in the Engineering Department. Mr. Berger said uniforms are supplied for 

construction inspectors. He noted the total for uniforms is $2,000. Mr. Merriman said 

construction inspectors purchase jackets, safety vests, and safety boots. There is a whole range 

of things that the city provides for construction inspectors to wear on the job site. Mr. Berger 

said line item 101-1555-54202 is for his uniforms and 101-1556-54202 is for the construction 

inspectors. Councilman Caupp asked if the two construction inspectors were union employees. 

Mr. Berger said no. 

Mr. Merriman said every three years staff does a reassessment of the street pavement conditions 

and that is due. In past years, the construction inspectors did the reassessment that typically runs 

throughout the course of an entire year, which they do in between their other jobs. They may 

want to explore some options in terms of contracting part of that out. He has been talking with 

Mr. Berger and Mr. Percival, and this year they promise there will be some sort of strategy in 

terms of the streets. If the levy passes and additional dollars are available, they will develop a 

strategy on how they will attack the streets. They hope to discuss that strategy with Council once 

they have one. 

President Felton asked for an update on using the new paving material. Mr. Percival stated so far 

the micro-surfacing has worked well, even though Mr. Merriman and Mr. Berger did not believe 

him when he first mentioned it. Mr. Merriman said he was skeptical, but the micro-surfacing 

worked better than he thought it would. Mr. Percival said when he originally mentioned using 

micro-surfacing, he stated it would buy them time until they could repave the streets the correct 

way. Micro-surfacing will extend the life of the street 5 to 6 years. Mr. Merriman noted microsurfacing 

does not work on streets that are too far gone. President Felton said she understood 

that, but by using it they can extend the life of some streets. Mr. Berger agreed -- Mr. Percival 

was right! 

Mayor Bayless asked if micro-surfacing was just filler. Mr. Percival said no. First they put 

down a fiber mat, and then instead of a 2” overlay, a special machine lays down a ¾” layer of 

sealer consisting of liquid asphalt, stone dust, water, and Portland cement. The fiber mat seals 

the street and the ¾ inch overlay provides a good driving surface. Micro-surfacing will 

significantly extend the life of existing pavements by five to seven years because it protects the 

undersurface from damage caused by water seepage and oxidation. Micro-surfacing is used a lot 

on highways because it provides a good wearing surface. Mr. Berger noted they used micro-


surfacing on June Drive last year. Councilman Caupp did not think micro-surfacing looked very 

good. Mr. Percival agreed; micro-surfacing does not look like asphalt. The surface is not dark 

black but more gray, but more area is covered per ton of mix, resulting in cost-effective 

resurfacing. 

Mr. Merriman said sometime this year, staff will do a presentation to Council on the condition of 

streets and their recommendations to rehabilitate them. 

Councilman Caupp asked for an update on the catch basins. Mr. Merriman said staff is 

considering subcontracting the work since there are so many catch basins that need to be repaired 

and not enough city staff to do the work. Councilman Caupp said it looked like some catch 

basins throughout the city had been repaired. Mr. Merriman said as time allows, staff will repair 

catch basins that are particularly bad or ones where there is a lot of standing water so ice does 

not build up this time of year. Councilman Caupp said one catch basin on S. Detroit Street sank. 

Mr. Percival said the bottom fell out of some catch basins. Mr. Merriman said they have all had 

concerns and conversations about the catch basins. Councilman Caupp asked if anything could 

be done to fix the catch basin in the middle of the road on S. Detroit Street. Mr. Berger said yes; 

he would be happy to look into the problem. Councilman Caupp said a number of people have 

complained about the catch basin on S. Detroit Street. Mr. Percival said staff would look into it. 

President Felton asked if there was money allocated to keep the traffic lights working because 

they are not working. Mr. Berger noted the city has a contract with Bright Street for any kind of 

maintenance that needs to be done on the traffic signals. Mr. Percival noted the line items below. 

President Felton asked if the new traffic lights have LED lights. Mr. Berger said yes. 

Fund 221, Operating Revenues, Dept. 1444 


53772 Traffic sign system – insurable @ $11,000 (traffic signal repairs) 

53802 Electricity @ $13,500 

53910 Telephone @ $2,900 

54236 Traffic signs and traffic bulbs @ $5,000 

54271 Traffic signal parts @ $500 

President Felton asked if timing could be done in-house using the new software. Mr. Berger said 

they have the software but they have not used it. President Felton noted the former City 

Engineer used the software. Mr. Percival said former Assistant City Engineer, Adam Ledbetter, 

was trained to use the software. Mr. Berger said Bright Street would have to be paid to train him 

to use the software. President Felton thought it would be much easier for staff to monitor traffic 

flow and make changes from the computer in-house as opposed to having Bright Street make the 

changes. Mr. Berger said a Bright Street traffic engineer could make the changes. President 

Felton said she knew Bright Street could make the changes but wondered if Bright Street could 

simply access the city’s computer system to make the changes. Mr. Berger said he was not sure 

there was money in the budget to do that. Mr. Merriman said Bright Street would charge more 

since that service was not defined in their contract. Mr. Berger said he is meeting with Bright 

Street on Tuesday on another issue. President Felton said she was thinking long-term. If Bright 

Street included that service as part of their business, it would be a lot cheaper for them to use the 

city’s computer system as opposed to sending out a crew. Bright Street would still make money, 

but could keep their crew for when there is a major problem. Mr. Berger agreed. Mr. Merriman


said their preference would be to train Mr. Berger to make the changes in-house. President 

Felton said that was fine. 

(Councilman Louderback arrived at 10 a.m.) 

Planning, (101-1552). Mr. Percival noted Mr. Berger would cover the Planning Department 

budget for Ms. Simpson. There are not many changes to the Planning Budget for 2010. 

Mr. Berger said most everything from 2009 to 2010 was reduced. The line items that increased 

were rental fees and printing. From what he could tell, nothing stood out, except he was curious 

how personnel costs went down. He called Mr. Duke yesterday and asked, and Mr. Duke said 

the Finance Department decided to re-appropriate Ms. Simpson’s time. Mr. Percival said 

Ms. Simpson’s time was re-appropriated over several funds instead of just being shown in the 

General Fund. 

Councilman Caupp thought the Engineering budget should have shown a big decrease in the 

personnel line item because Mr. Ledbetter left. Mr. Percival said Mr. Ledbetter’s time was split 

over five different funds (General Fund, Water, Sewer, Streets, and Stormwater Funds). 

Councilman Louderback said that drives him crazy. He asked why personnel costs have to be 

split over all those different funds. Councilman Caupp did not think they got a good picture. 

Councilman Louderback agreed they cannot see where the money is going. He likes to see 

things in black and white. Mr. Bazelak said they have done it both ways. They did put the total 

costs for positions as unallocated. For instance, in the Finance Department rather than having 

the costs split and just showing their portion in the General Fund, they had to pull costs for four 

or five Finance Department employees for their home cost center and showed that total cost, then 

they also showed budgeted costs. That got confusing because the costs were shown two different 

ways. The reason they do it is to show the administrative costs that are split so that all the costs 

are not born by the General Fund and the tax base because their jobs are such that they work 

within the Enterprise Funds and within the Governmental Funds. They charge some of their 

salaries to Fund 611 and 612. There are different ways to do that. 

Councilman Caupp said since personnel costs are 85% of the budget, it would be nice if they 

could see the true personnel costs under the Engineering Department. Mr. Bazelak said they 

could get Council the unallocated costs for the departments. Mr. Percival thought Mr. Bazelak 

was saying they would not be able to tie that back to the budget sheets. They can show the costs 

for his total salary, but if you look at the City Manager’s budget, you would not be able to tie 

those costs back to the budget sheets because his salary is split between the General Fund, Water, 

Street, and Sewer Funds. 

Councilman Louderback said he thought it was hard to see the cost savings in the 2010 budget 

due to the layoff of the Assistant City Engineer. He asked what the salary was for the Assistant 

City Engineer. Mr. Berger said the Assistant City Engineer’s salary was in the mid $40,000’s. 

Councilman Louderback thought personnel costs should reflect a reduction of $40,000 plus. 

Mr. Berger said the Assistant City Engineer’s total salary would not be shown as a reduction in 

his department’s personnel budget because his salary would reflect a reduction in personnel costs 

in the General Fund, Water, Street, and Sewer Funds. Mr. Percival said they would put together 

a sheet showing the unallocated costs, but please understand it would be hard to tie them back 

into the budget worksheets.


President Felton said money that was appropriated but not spent used to be carried over to the 

next year’s budget. She finally told staff they were done by December 31 st and if the department 

wanted money for next year, they would have to get it reapproved. For years that was not done. 

When Mr. Bazelak would tell them they were 13% under budget, she would disagree because the 

money was allocated but not spent, so they really were not under budget. She asked if they were 

under budget on what was spent. She knew that the Finance Department was giving Council the 

true figure, but that was not the actual expense, so they finally got that changed years ago. 

Mr. Bazelak said they initially thought they would include the 27 th pay in the 2010 budget, so 

that may have been in the budget numbers. He asked Mr. Duke if the 27 th pay was included in 

the 2010 budget. Mr. Duke said the 27 th pay was not included in the 2010 budget. 

President Felton noted all contracts have to be approved by the Law Department before they are 

presented to Council. She asked if contracts with consultants (where the city is applying for a 

grant) first come to Council for approval. Mr. Percival said yes. President Felton asked for a 

motion that all grants applied for must come to Council for approval before they are sent out. 

Motion by Vice President Mills, seconded by Councilman Caupp, that all grant applications must 

be addressed through Council. Discussion followed. 

Mr. Percival said he did not know what Xenia Municipal Court was doing on grants. 

Councilman Caupp asked for an explanation of the motion. President Felton said if any 

department applies for a grant, that grant application must first come to Council for approval 

before they apply for it, whether the city has to pay a portion or not, because there are things that 

Council needs to know about. Either way it costs money to apply for the grant because the 

process takes staff time. She has no problem with grants and is not saying staff should not apply 

for them. She just wants Council to be informed, and the only way to do that is if staff tells 

Council what they are doing. Councilman Caupp clarified President Felton just wanted the 

ability to tell staff they are wasting their time applying for certain grants. President Felton said 

that was correct. She asked if that was out of line. It is up to Council, but that is her thought. 

Councilman Smith wondered if this motion would hinder the grant process by having to wait 

since Council only meets every two weeks. Mr. Percival said no. In the past, they had a grant 

come up very quickly, so they sent an e-mail to Council explaining the time constraints and 

asking if any Council members did not want staff to apply for the grant. They did that with the 

SAFER grant. He did not see how President Felton’s request would hinder the grant process. 

Councilman Caupp asked Ms. Crockett for her thoughts. President Felton thought Ms. Crockett 

already did that. Ms. Crockett said she usually does, but she was not sure she brought the $1,500 

Farmer’s Market grant to Council for approval. Mr. Percival said an e-mail was sent to Council 

explaining they only had five days to apply for the grant and they asked for Council’s approval. 

Mr. Merriman said he did not think Victim Advocacy or Xenia Municipal Court grants came to 

Council for approval before staff applied for them. Mr. Percival agreed. Mayor Bayless asked if 

an FYI e-mail could be sent to Council on those grants. Mr. Percival said normally grant 

applications are brought to Council for approval, but there are instances when there is not enough 

time to do that. Mr. Berger said most grants the Engineering Department applies for require


legislative authority authorization before they apply. Councilman Caupp clarified they were 

only talking about a few other grants that do not come to Council for approval. 

Mr. Merriman said the Victim Advocacy and Probation Departments have a few grants that help 

fund a couple of their positions. Mr. Percival said those are the only grants he is aware of that do 

not come to Council for approval. Mr. Merriman thought they do a pretty good job of budgeting 

for the grants and do the required paperwork at the front of the budget process. One of the things 

they struggle with is keeping track of the grant money after it is awarded. Ms. Crockett, 

Mr. Berger, Ms. Simpson, Chief Person, and Chief Leaming might all have a few grants, but 

there is no list showing all the grants that the city has. He and Mr. Duke discussed a way to track 

the grants collectively. Currently there is no good way to tell Council the status of all the grants 

so they have to go through multiple people to find that information. 

Councilman Caupp thought all the grants could be listed on a spreadsheet and then all 

departments could use that spreadsheet to keep track of their grants. Mr. Merriman said they 

could do that, but they would have to set up the spreadsheet on a shared drive that everyone has 

access to. It would take some procedures to keep the spreadsheet updated. Councilman Caupp 

thought they had shared drives. Mr. Merriman said yes. It is just a matter of creating the 

spreadsheet and setting up the requirement that people consistently enter information. Some 

grants come up in the middle of the year. Like Ms. Crockett said, one grant might be for $2,000 

and some might be for $100,000 or more. Councilman Caupp said each department head could 

go into the shared drive, click on grants, and type in their grants under their departments. He 

uses a shared drive at work to peruse and input information. Mr. Merriman said they could 

implement a checklist for grants, and one item would be that grants must come to Council for 

notification and approval prior to the application. They just don’t have that procedure right now. 

Mr. Berger agreed with Councilman Caupp. It is just a matter of organizing a central depository 

but that can definitely be done. 

Councilman Louderback noted he and Councilman Caupp have mentioned before that in a better 

economic world, they would love to see the city hire a full time grant writer. It would have to be 

someone with diversified experience in writing different grants because there is so much money 

out there that a) we don’t have the time to pursue or b) don’t know about. President Felton said 

they talked about hiring a grant writer before with no guarantees to cover the cost of that person. 

Council suggested looking for a grant writer who was willing to take a commission if the city 

was awarded the grant. At one time there was a woman willing to do that, but the military 

transferred her husband so she did not get to do it; however, there are people that do that sort of 

thing. Mr. Percival said there are companies that do that but not all grants they receive have an 

administrative component. The grant writer might get the city a $350,000 grant, but if there is no 

administrative component in it, they might ask for 25% and the city would have to write a check 

out of the General Fund. You can’t just do it on a contingency basis unless the grant has an 

administrative component. President Felton said they could tell the grant writer that they could 

only apply for grants with an administrative component. Mr. Percival agreed. President Felton 

thought that was still cheaper than hiring someone that does not have the expertise. 

Mr. Percival noted Councilman Caupp discussed a company that would supply a grant writer on 

a contingency basis, but they want money upfront as seed money. The company was told that 

the city could only do it on a contingency.


Vice President Mills noted the city previously discussed sharing a grant writer with Fairborn but 

then Fairborn hired the grant writer full time so the city did not get that opportunity. She 

wondered if there were other municipalities that would be open to sharing a grant writer. 

President Felton wondered if Fairborn was making enough money to pay the salary of the grant 

writer. Councilman Louderback thought the grant writer’s time was supposed to be shared 60/40 

or 50/50. 2 Mr. Percival said he would talk to the Fairborn City Manager to see how hiring a 

grant writer actually worked out, which might give the city a good base line. President Felton 

agreed. 

Mr. Berger said the best scenario is what they did with the Safety Grants for Progress Center. 

Stantec Consulting Services said they would apply for the ODOT Safety Grants and take all the 

risks, and if they were successful in getting the city the money, they wanted to be hired for the 

project. Certainly, if Stantec got the city the money, it would be hard not to hire them. 

Mr. Percival said the grant writer did all the work to get the grant with the expectation and hope 

that they would be hired to do the work listed on the grant. President Felton said that would be 

fine as long as they keep their costs reasonable compared to everybody else. Mr. Percival said 

the company can only receive money up to the grant amount and they know that. Mr. Berger 

said there are some companies that will take that risk in hopes that they will be hired if the grant 

is approved. 

Vice President Mills said she agreed with Councilman Louderback. She has been adamant about 

seeking out grant money. They miss many opportunities to seek out grants because 1) they don’t 

know about the grant; 2) they don’t have the manpower to go through the application process; or 

3) staff isn’t capable of getting it done. Councilman Louderback asked if staff would check into 

getting a grant writer. Mr. Percival said he would contact Fairborn’s City Manager to see how 

hiring a grant writer worked for them in order to establish a base line. President Felton asked 

Mr. Percival to share the information at the next work session. Mr. Percival agreed to do that. 


Ayes: Mills, Caupp, Louderback, Smith, Bayless, and Felton 


President Felton asked Mr. Percival to look at all the money the Planning Department budgeted 

for meetings and to get back to her. Mr. Percival said he would do that. 

Council took a break at 10:25 a.m. The meeting reconvened at 10:40 a.m. with the same 

members present. 

AFSCME Contract: Mr. Duke shared copies of the new AFSCME contract with Council. 

Mr. Percival noted Council discussed the AFSCME contract at their Executive Session on 

Thursday and were told the contract would be brought to them for approval today. He 

respectfully requested that Council approve the terms and conditions of the proposed bargaining 

2 12-01-07 Minutes: City staff discussed sharing an employee with Fairborn. The City of Fairborn would hire the 

employee; Xenia would have them 16 hours weekly and pay 2/5 of the costs as a contractual service to Fairborn. 

The amount of money it would take to pay that person is currently covered by what is available in administrative 

fees as part of the grant. The grant administrative fees would actually cover the costs of the City’s share for this 

additional person.


contract and authorize him to execute the agreement with AFSCME from Ohio Council 8, 

Local 101. 

Motion by Councilman Louderback, seconded by Mayor Bayless, to approve the terms and 

conditions of the proposed bargaining contract and authorize the City Manager to execute the 

agreement with AFSCME from Ohio Council 8, Local 101. No discussion followed. The Roll 

on this was the following: 



Emergency Ordinance Amending Ordinance 09-83 to make adjustments in Appropriations 

for Current Expenditures of the City of Xenia during the fiscal year ending December 31, 

2010; Waiving the City of Xenia’s normal purchasing procedures requiring three (3) 

written price quotations; and Authorizing the City Manager to enter into a Contract with 

Avakian Consulting of Columbus, Ohio at a not-to-exceed cost of $25,000. Mr. Percival 

noted following the Special Session on January 28 th , Council was presented with this agenda 

item and briefly discussed the Avakian Consultant Contract. He respectfully requested that 

Council take two actions today: 

Motion 1 – Waive the second reading of an ordinance at two consecutive meetings and pass as an 

emergency an ordinance to appropriate funding in the amount of $20,000 into Fund 101-1013, $5,000 

into Fund 611-1334, and $5,000 into Fund 612-1334 to offset the costs associated with public education 

and outreach. 

Motion 2 – Waive the City of Xenia’s normal purchasing procedures requiring three (3) written price 

quotations and authorize the City Manager to enter into a Contract with Avakian Consulting of 

Columbus, Ohio in an amount not-to-exceed $25,000 to provide public relations and education services to 

the City of Xenia. 





Motion by Vice President Mills, seconded by Councilman Louderback, that the rules requiring 

the reading of an ordinance at two consecutive meetings be dispensed with and this ordinance be 


Councilman Caupp asked if $40,000 was budgeted. Mr. Percival said no—that is what they are 

requesting. He noted on January 14, 2010, Xenia City Council adopted Ordinance 10-01, which 

amended Ordinance 09-83 by appropriating $10,000 into Fund 101-1013 (Public Affairs & 

CATV) to educate and inform Xenia residents and businesses about its ability to provide services 

now and in the future. At the time, it was City staff’s intention to utilize the appropriated funds 

to create a public information video (only). Since that January 14 th meeting, the City has 

requested and received a proposal from Avakian Consulting to assist with a public education and 

outreach plan, which would require an additional $25,000. Because it is anticipated that the City 

will ultimately utilize the monthly utility bills to educate and inform in the future, staff is also 

requesting an additional $5,000 to create inserts.


Councilman Caupp asked if Joel Gagne’s services would be used for multiple things. 

Mr. Percival said yes. Vice President Mills thought it would be a great opportunity for them to 

promote Xenia. Per the Citizen Survey, we have a great and wonderful town but nobody knows 

about it. We need to promote Xenia as a place to live, work, play, build, and shop. 

Councilman Caupp asked how they found Mr. Gagne since the company is located in Columbus. 

Mr. Percival said Mr. Merriman and Mr. Berger found Mr. Gagne. Mr. Merriman noted Avakian 

Consulting has a long-proven track record of providing such services to local communities and 

school districts throughout the State of Ohio. Mayor Bayless said Avakian Consulting assisted 

with the school levies. President Felton said that is fallacy because Mr. Gagne no longer works 

for Avakian Consulting. Mr. Merriman said Mr. Gagne is a business partner in the firm. 

President Felton thought Mr. Gagne was out on his own. Mr. Merriman said Mr. Avakian does 

some of the other direct marketing and Mr. Gagne does more of the type of work the city needs 

done. President Felton stated the contract is with Avakian Consulting, not Mr. Gagne. 

Mr. Percival agreed, but they will be working directly with Mr. Gagne, not Mr. Avakian (other 

than providing guidance). 

Mr. Merriman said they initially contacted Mr. Avakian and he referred them to his partner, Joel 

Gagne. Councilman Caupp asked who from the city would be giving Mr. Gagne direction. 

Mr. Bazelak said probably the internal levy committee. Mr. Percival said he, Mr. Bazelak, 

Mr. Merriman, Ms. Johnson, and other senior staff would work directly with Mr. Gagne. 

Councilman Louderback asked if Mr. Brodsky would be directly involved. Mr. Percival said he 

asked Mr. Brodsky to be involved. 

Mr. Bazelak said if Council passes the ordinance on the floor, they initially targeted $25,000 for 

the consultant, $10,000 for a video, and $5,000 for the utility billing inserts. They discussed the 

possibility of XEGC making a contribution to pay for the video. Even if Council allocates the 

$40,000 and the XEGC Board is willing to pay for the video that would free up $10,000 of the 

$40,000 for whatever else the levy committee needs to do from an education standpoint. Since 

Mr. Brodsky has not yet had the opportunity to ask his Board of Trustees, the city would allocate 

the $10,000 for the video in case there is an issue with the XEGC Board. 

Mr. Percival said they need a new video. The last City of Xenia video was done in 2002 and it is 

outdated. The people Mr. Bazelak and Mr. Cardenas identified are very professional and they 

said it would cost about $1,000 a minute to do a video; therefore, a five-minute video would cost 

$5,000. The consultant would write the script for the video. They are bringing all those different 

resources together to get the video done. Councilman Caupp clarified the consultant would 

actively participate in the development of the video, etc. Mr. Bazelak said the videographer has 

a script writer, but they will not craft a message for the city. The consultant will work with the 

various departments to craft a message to be on the video. Once they have that, they will meet 

with the videographer and script writer to develop the script and shoot the video. 

President Felton said that all sounds super fantastic but she could not find anything in the 

contract that spells that out. It is just an open-ended consulting contract. Mr. Percival said those 

type of contracts do not list specifics, such as they will write 10 newsletters, make 12 public 

appearances, etc. The city is buying a professional service and it is inherent upon us to make


sure we use those professional services in such a manner that is most beneficial for the 

community. President Felton said she understood that but there are no hours in the contract and 

no accountability except what you think, as opposed to a plan. Mr. Percival said the consultant is 

planning to meet with staff (one week in person, the next week via conference call) every 

Thursday at 2:30 p.m. Councilman Caupp said Mr. Gagne has done this type of work before. 

Mr. Merriman said Avakian Consulting has an excellent track record. 

Councilman Louderback asked if there were any public relations firms in Xenia. Mr. Merriman 

said there are no public relations firms in Xenia that provide political consulting. Mr. Percival 

thought 3-F Coaching was the closest. Mr. Brodsky said 3-F Coaching does more strategic 

planning than public relations work. Councilman Caupp said the two companies are not even 

close to the same. 

Mayor Bayless asked who the videographer would be. Mr. Bazelak said thus far they have only 

met with André Devond, a local vendor, and he shared the things that would be required. 

Depending on who pays for the video (XEGC or the City) will determine if the service has to be 

competitively bid. 

Councilman Smith asked if the goal was to pass the levy or improve the city’s image. 

Mr. Percival said both. Councilman Smith asked what the number one priority was. 

Mr. Percival did not think one could be done without the other; the priorities are completely and 

totally tied together. Councilman Smith said some Council members would love to work on the 

levy campaign, but they can’t do that. Mr. Percival thought there would be a role for Council to 

play through the video and other things. The image, marketing, and promotional campaign will 

be directly tied to the levy campaign; you can’t separate the two. President Felton said Council 

is not allowed to knock on doors to try to sell the levy, but they can talk to various groups about 

the levy. Councilman Caupp said your mother, your preacher, etc., can talk about the levy. 

Mr. Bazelak said they discussed having different venues for Council to discuss citizen issues, 

which would be an education component, and Council would be a part of that to answer 

questions. In 1991, Council and the Appointed Officials were part of a call-in campaign to field 

phone calls from citizens. President Felton said they could also do public service 

announcements at radio stations. Mr. Percival said Council can play a big role, but the roles 

people play is up to Mr. Lewis. He thought it was ridiculous that they cannot go out and 

promote what they think is critical for the interest of the city. 

Mayor Bayless asked if there were any fact sheets. Mr. Percival said yes; one will be mailed 

with the next utility bills. Mayor Bayless asked Mr. Bazelak if he could e-mail it to her because 

she will be speaking at a group that she felt would ask questions. Mr. Bazelak said he could do 

that, but they wanted to first run it by the consultant to make sure it is sending the proper 

message. However, he felt the fact sheets were in pretty good form at this time, so he will e-mail 

the sheets to Mayor Bayless next week. 

Councilman Louderback said no better person could promote Xenia than somebody who has 

lived in Xenia (rather than Columbus). He always believes they should “Buy Xenia” whenever 

possible, but he understood there is no one in Xenia with the expertise they need for the services 

required. Councilman Caupp noted the city may hire a local videographer.









Motion by Vice President Mills, seconded by Councilman Caupp, to waive the City of Xenia’s 

normal purchasing procedures requiring three (3) written price quotations and authorize the City 

Manager to enter into a Contract with Avakian Consulting of Columbus, Ohio in an amount notto-exceed 

$25,000 to provide public relations and education services to the City of Xenia. No 




Mr. Percival said he would make sure everyone has an opportunity to work with Mr. Gagne. He 

noted Councilman Caupp shared the name of individuals he felt might be good to serve on the 

levy campaign committee. They would appreciate it if other Council members could do the 

same. 

Community Development (101-1551) and Property Maintenance, (101-1553). Ms. Crockett 

said because of the loss of her secretary last fall, this section of the budget has a 40% reduction. 

She tried to cut back as much as possible and to use other grant funds wherever possible. She 

then entertained questions. 

Fund 101 – Neighborhood Services, Dept. 1551 


53141 Consulting – General Management @ $2,500 (Misc. gen. mgmt. con. / Greene Giving) 

Councilman Caupp asked why $11,200 was budgeted in line item 101-1551-53141 in 2009, but 

no money was budgeted in previous years. Ms. Crockett said those dollars were primarily used 

to pay the intern that helped them write the downtown grant they used through Greene Giving 

last year. They utilized three interns last year, including the Cedarville University student who 

worked on “First Fridays Downtown.” It was a very successful pilot project utilizing very 

limited funds, but she does not have a line item for that this year. Mr. Percival thought the 

student did a very nice job with “First Fridays Downtown.” Councilman Louderback thought all 

the interns were very good. 

Property Maintenance, Dept. 1553. Ms. Crockett said the 2010 Property Maintenance budget 

shows a 10% reduction. 

Fund 101, Property Maintenance, Dept. 1553 


53208 Demolition @ $15,500 $8,000 (demolition costs) 

53225 Weed mowing @ $8,000 $15,500 (contract)


Ms. Crockett said the amounts allocated for demolition and weed mowing should be reversed. 

They are reducing the demolition line item down to $8,000. Because of the NSP Grants, they do 

not perceive needing that much in the demolition line this year. Last year they needed $15,000 

for weed mowing and will need it again this year. Mr. Percival said they would use the NSP 

money and as many non-local funds as possible for demolition this year. Ms. Crockett said 

everything else in the section is pretty standard from past years. 

Councilman Caupp thought nuisance properties that need grass mowed should be shown under 

Property Maintenance. Mr. Percival said it is shown under weed mowing. Mayor Bayless asked 

about demolition. Mr. Percival said demolition is tearing down vacant and abandoned structures. 

Councilman Caupp asked if they actually spent $15,000 on weed mowing last year. Mr. Percival 

said they spent a little more than $15,000 last year. Since the contract was changed last year to 

allow contractors to start mowing sooner, Councilman Caupp wondered if that cost the city a 

substantial amount of money. Mr. Percival said weed mowing cost more money last year 

because contractors mowed more frequently due to the large amount of rain. The early start may 

have had a little effect, plus they had to mow more vacant structures. Ms. Crockett said the weed 

mowing line item may have to be increased later because of all the foreclosed properties. 

Councilman Caupp said he was the person who pushed for the contractors to be able to mow 

sooner. 

Mr. Duke said mowing costs are assessed to the property so the city eventually recoups the 

money. Councilman Louderback asked what percentage of those costs was recouped. Mr. Duke 

said almost 100% was recouped. The mowing costs are assessed to the property owner’s 

property taxes and are then certified to the County. Councilman Louderback said he never saw 

that happen with any of the bank owned properties he has dealt with. Mr. Duke said he did not 

know how the bank worked that out. Councilman Caupp asked if the County reimbursed the 

money to the City. Mr. Duke said yes. The County assesses a fee on top of what the City does 

and those fees are added to the property taxes. Mr. Percival said the only problem is that can 

only be done once a year in September. Mr. Bazelak agreed they get into some issues with the 

timing. For example, Mr. Percival said if a property sells at Sheriff’s sale in June, and the city 

does not do assessments until September, there is a small gap when they would lose charging for 

one or two mowings because those fees would not yet have been certified. It is a small 

percentage, but it does happen. 

Councilman Caupp thought they had fewer complaints about high grass last summer than in 

previous years. Mr. Percival said they had some complaints, but staff did a good job handling 

them. Councilman Louderback said the local contractor (Nature’s Touch) did not do the job [he 

was contracted to do]. Ms. Crockett said Nature’s Touch was doing all the parks as well as 

residential properties. Mr. Percival thought Nature’s Touch contracted for more than they could 

handle. Councilman Louderback asked when the bid for all the city mowing would come out. 

Mr. Percival said the bid is out now for weed mowing and all the other city mowing. 

President Felton asked if the County ever provided a building inspection report. Mr. Percival 

said when he gets a report he puts it in Council’s mail boxes. President Felton thought it had 

been awhile since she got a report. Mr. Percival said he would check. President Felton said she 

knows the County does a lot of building inspections; however, she wondered how many of those 

inspections are followed up on, how many were completed, and if notices were sent when the


permit is about to expire. She knows it is a time consuming process and that the County’s rates 

are a lot less than the City used to charge. Mr. Percival said Al Kuzma has been much more 

receptive. Anytime he calls Mr. Kuzma, he comes in, works through issues with them, and has 

done a great job. 

President Felton asked if tornado straps are once again required. Mr. Percival thought tornado 

straps were always required. President Felton said for awhile they were not required, which was 

one of the issues. After the 2000 tornado, the County only required tornado straps for houses 

that were rebuilt and not for everybody else. Ms. Crockett thought President Felton was correct 

but partly that was done because tornado straps are not required by the State building code. 

President Felton said that is beside the point - Greene County is required to enforce the City’s 

laws. Councilman Louderback said he just assumed tornado straps were required and enforced. 

President Felton said she raised the issue even before Mr. Percival came back as City Manager. 

Mr. Percival said this was the first time he has heard about it. President Felton said before she 

raised the issue, many new homes were built, such as homes at Sterling Green. Mr. Percival 

noted Councilman Caupp’s house [at Wright Cycle Estates] was built after 2000. Councilman 

Caupp said he did not know if his home was built with tornado straps; he did not know what one 

even looked like. Mr. Percival said Mr. Kuzma always tries to get it right. He noted a tornado 

strap is an L bracket that comes off the header and hooks into the trusses. Councilman Caupp 

thought he had them. 

Councilman Louderback asked Mr. Percival if he was saying since the Greene County Building 

Inspection Department was doing a decent job, then the City would not be bringing Building 

Inspection back in house. Mr. Percival said since the county is doing a lot better job, he would 

not recommend bringing Building Inspection back in-house due to the costs. The job the county 

is doing is something they need to continually evaluate and possibly consider bringing back 

down the road. Councilman Louderback noted he discussed bringing the department back inhouse 

or contracting the services. Mr. Percival said right now the Greene County Building 

Inspection Department is doing a good job. 

Mr. Percival said the Fire Division is ready to do a presentation on residential sprinklers to 

Council at a work session, as requested by Councilman Louderback. It is just a matter of when 

they can work the presentation into the schedule. They will discuss what it would take to require 

residential sprinklers, the costs, the pros (safety, etc.) and what the potential pitfalls may be 

relative to what people might say about the costs, etc. 

President Felton asked if the Code Enforcement Officer, Liz Duteil, was getting a new truck. 

Ms. Crockett said a new truck was not in the budget but they need to look at purchasing a new 

truck within the next year or two. Mr. Percival thought Ms. Duteil had a new truck. 

Ms. Crockett said Ms. Duteil’s truck is five years old. 

Fund 601 – CDBG/Revolving Loan, Dept. 0300 


40368 EDI Special Project Grant – Fairgrounds @ $116,000 $0.00 

40371 2008 CDBG Formula Grant @ $0.00 $116,000 

Ms. Crockett said the amounts on the line items should be as shown above and not as shown on 

the budget sheets. Many of the amounts shown are pages 104 through 106 are zeroed out from


past Formula Grants. They were allowed to make an amendment to the 2008 CDBG Formula 

Grant for the second phase of the Towler Road bike path paving and for work at Spring Hill 

Park. Even though all the paving was done, they came in a little under bid for paving so they 

still have $26,000 left in 2008 CDBG Grant that is not reflected on the budget sheet. It happened 

late last year. She has to get with Mr. Percival, Mr. Merriman, and Mr. Bazelak on a couple of 

the items to have them re-budgeted. They may use the money to do some signage, recreation 

equipment, and perhaps to defray some of her salary. She is still in the process of budgeting and 

getting quotes on the $26,000. 

Councilman Louderback said he was at Spring Hill Park the other day and it looked like all the 

paving on the walking path and basketball court was done. He asked if anything else at Spring 

Hill Park would be paved. Ms. Crockett said to her knowledge, there would be no additional 

paving at Spring Hill Park. Councilman Louderback asked what else was planned for Spring 

Hill Park. Mr. Merriman said they have to use all the money allocated in the grant. Because 

they had some paving money left over, Ms. Simpson, Ms. Crockett, Mr. Quinlan, Mr. Berger, 

and he walked Spring Hill Park last fall and discussed what else they could do with the money. 

They began looking at prices for exercise stations, which are listed on the Spring Hill Park 

Master Plan. They discussed using the money to purchase trash receptacles, benches, and other 

things to help fill in the park. Councilman Louderback suggested they do some landscaping. 

Councilman Caupp asked when they would do landscaping. Mr. Merriman said they try to put 

money in the budget for trees and other landscaping materials for parks where needed. 

Councilman Caupp said he wants Spring Hill Park to be finished. 

President Felton asked if Bennett Park would be donated to McKinley Elementary School. 

Mr. Percival said they discussed transitioning Bennett Park to Xenia Community Schools so the 

city no longer has to maintain it. The school wants the land and the park. President Felton asked 

if the new McKinley Elementary School was going to be built on that land. Mr. Percival said 

yes, but the other building will be demolished. President Felton noted McKinley already has 

playground equipment. Mr. Merriman said they discussed disassembling the playground 

equipment at Bennett Park and relocating it to another park. Since there are not many kids in the 

area of Bennett Park, they could relocate the playground equipment to Spring Hill Park since the 

plan is to make it a more active park. Mr. Percival thought that was a good idea. 

Mr. Percival said John Faulkner stated Legacy Ministries wanted to do something with the Home 

Avenue Park, but even though Mr. Faulkner has transitioned out, the new guy said he still 

wanted the park. President Felton asked what Legacy would do with that little park. 

Mr. Percival thought they would use it for an entrance way to Legacy to include some signage. 

As soon as you come across Monroe Street, that is the Legacy Campus. Councilman Caupp 

thought they should donate the Home Avenue Park. 

Vice President Mills said she was in favor of eliminating underutilized parks, but wanted to 

ensure they had enough acreage for parks. Mr. Percival said the city has a lot of acreage at West 

Side, Sol Arnovitz, and Shawnee Parks. President Felton stated they have 15 plus acres at 

Sterling Green Park that they cannot even cut. Councilman Caupp thought the Wright Cycle 

Park had 15 to 17 acres. Their discussion a year ago was about quality over quantity. 

Mr. Percival said the issue is how do they consolidate and develop the parks they have. As 

indicated by the Citizen Survey, a majority of residents still identifies Shawnee Park as being


something very critical for our community and we have to ensure they put the necessary 

resources there to maintain it. President Felton thought they should fix the retaining wall. 

Mr. Percival said every day he tries to figure out a way to pay for repairing that wall. 

Councilman Caupp said he has heard about that wall for two years. He asked what was wrong 

with the wall. Mr. Percival said the retaining wall is great until you get to the southwestern most 

corner where it has been repaired. Where the wall has not been repaired is in front of the 

pavilion and it is bowing. The actual land is sliding into the lagoon and pushing the walkway 

down, and some of the lights are starting to lean. They need to install a new retaining wall to 

push that all back to stabilize the bank so everything does not end up in the lagoon. Councilman 

Caupp said it sounded like a stimulus project to him. Mr. Percival said they tried to get stimulus 

money and will try again in a different area. 

Mr. Merriman said in addition to the wall, they would like to replace a lot of the walkway. He 

also noted no replacement parts are available for the original lights. Councilman Louderback 

asked about the status of the pavilion. Mr. Merriman said last year he asked Mr. Berger to see if 

he had any money available for the pavilion. There is no immediate danger of the pavilion 

falling into the lagoon but some of the foundation and joints have separated. They recommended 

re-pouring some of the slabs and other steps to deal with the safety issues. The longer the wall 

issue persists, the liability for the City will increase. 

Councilman Smith asked how much it would cost to fix the retaining wall. Mr. Percival said it 

would cost between $400,000 and $800,000. They would need to drain the pond, install pilings, 

and a number of other things. Councilman Louderback asked if the pond had ever been drained. 

Mr. Percival said not since he has lived in Xenia. 

Fund 601 – CDBG/Revolving Loan Fund, Dept. 5370 


53141 Consulting General Management @ $21,925 

Ms. Crockett said the breakdown for the $21,925 on line item 601-5370-53141 would be 

changed because she was hedging her bets on whether they would get the CDBG Downtown 

Revitalization Grant. She noted the Tier Two Grant Project 1 includes: Parking Facilities -- 

consists of improvements to Lots #8 and #2 in downtown Xenia, resurfacing of an alley behind 

the first block of E. Main between Detroit and Whiteman, and general upgrades to both parking 

lots. The City was allocated $116,000 for eligible community development activities that can be 

implemented in late 2009 and during 2010. The 2008 Grant had been reduced to $113,000, but 

last year the State had some extra funds and increased the amount to $116,000. 

Councilman Louderback said he was confused about the difference between Tier One and Tier 

Two money. He asked if Tier One was Façade Loan money. Ms. Crockett said no. Tier One is 

a Planning Grant. She applied for the grant last year to do the wayfinding signage, but was 

unsuccessful in getting it. The State said they wanted the City to use its CDBG Program Income 

instead. The 2009 Downtown Tier Two Grant is for up to 20 buildings to receive either façade 

improvements, or up to six buildings to receive funding to address code violation(s) and interior 

work. The State wants them to do things that you can see as you drive by. Councilman 

Louderback thought Tier Two money could be used for things like a new furnace or central air 

conditioning. Ms. Crockett said they will see how far they can stretch the money to address code


items. They only have $400,000 to do 20 buildings. Councilman Louderback thought $50,000 

was the maximum for a Façade Loan. Ms. Crockett said the original Façade Loan Guidelines 

had a higher maximum, but they will have to change them a little in order to do more projects. 

Mr. Bazelak said the Loan Trust Committee would need to meet to redo the Façade Loan 

Guidelines. Councilman Louderback thought a lot of downtown business owners needed new 

furnaces. Ms. Crockett said the Tier Two Grant is really not for that kind of work. Mr. Percival 

thought they could stretch the money to replace some rooftop air conditioning units. He thought 

they would need to take a real hard look at several of the downtown buildings. It is wonderful to 

have a great façade but not if you cannot occupy the building because of code violations. They 

need to work with the State on how to best utilize the dollars to make sure they are getting the 

biggest bang in order to ensure the buildings can be occupied and rented. 

President Felton noted the owner has to come up with their share. Ms. Crockett said the grant 

was written for 10% cash from owners. Twelve owners of 20 buildings put in writing that they 

were interested in getting the funds and were willing to put up the 10% required for the Façade 

Loan. She noted the Oasis Café owner (which has closed) was one of the people who said that. 

Councilman Caupp asked who owned the Oasis Café. Mr. Percival said the Pershings own the 

building. Ms. Crockett said half the money is a forgivable, deferred loan, with half being an 

amortized loan repaid monthly to the City of Xenia of Xenia Downtown Revitalization Trust 

Fund. The deferred loan would decline annually over ten years until the entire amount was 

forgiven. 

Ms. Crockett said they can apply for the Tier Three Grant next July, which is for “white 

elephants.” The grant could be up to $200,000, but it requires a 50/50 match with either our 

CDBG money (which does not have much money left) or another source. Councilman 

Louderback asked when the Façade Loan Program would begin. Ms. Crockett thought it would 

begin in March because they still have some things to kick around, such as making minor 

changes to the Façade Loan Guidelines. Councilman Louderback thought with the upcoming 

levy, it would be good for people to see activity downtown before May. Mr. Bazelak thought 

that was a good point and that Avakian Consulting could help with marketing all the activities 

that are going on downtown. Councilman Louderback thought the consultant could also help 

with press releases. Mr. Percival said absolutely. 

Councilman Caupp noted Ms. Crockett mentioned using Tier Three money for “white 

elephants.” When they met with CDP, they talked about an incubator, which he thought would 

be a good use for the Eavey building. He asked if Tier Three funds could be used for something 

like that. Ms. Crockett said that was a good example of how the funds should be used, but the 

problem is the Eavey Building is so massive. Councilman Louderback noted $10,000 was 

allocated in line item 601-5370-53141 for a planning consultant for the Xenia Spur at Eavey. 

Ms. Crockett said the $10,000 is the Transportation Enhancement Grant (TE) for ornamental 

lighting, landscaping, and street furniture on the S. Detroit Street spur in front of the Eavey 

Building. 

Councilman Louderback asked if more could be done for the Midtown merchants and businesses 

in the outlying areas. It seems like all the government money is geared toward downtown 

revitalization. He asked if there was a way to enlarge the Central Business District to include 

more merchants. Mr. Merriman said they could, but the focus is the downtown district.


Councilman Louderback asked if the Eavey building fell within the downtown district. 

Ms. Crockett said yes. Councilman Louderback asked how far reaching the downtown 

revitalization district was. President Felton said the Carnegie Library is included. Ms. Crockett 

said the Carnegie Library was not included this time because they had to reduce the size of the 

district to have more contiguous and participatories. President Felton stated the Carnegie Library 

was one building she wanted saved. Mr. Percival thought the Tier Three funds might be an 

excellent use for the Carnegie Library. Vice President Mills noted Greene County owns the 

Carnegie Library and wondered what kind of grant money the county could get for the Carnegie 

Library. Ms. Crockett said it is difficult because the county cannot necessarily use the money in 

the city. Mr. Percival said they would still focus on the Carnegie Library because of its 

importance to the community. 

Ms. Crockett said they could not have gotten the downtown grant without the money they got 

two or three years ago. They may want to do more Tier One Grants. They can also use up to 

$10,000 a year of CDBG money for planning. They cannot guarantee they can find money to 

fund things like the old East High School/Board of Education building, but it would at least show 

them ways to fund it, which is what the State likes to see. 

Councilman Louderback said he would like to see the Board of Education building saved. He 

asked if the building was in the downtown district. Ms. Crockett said no. Mr. Percival said the 

Board of Education building is located in an eligible CDBG neighborhood and is one where they 

could spend their regular allocation. Councilman Louderback asked if the Board of Education 

planned to move now that the school levy passed. Mayor Bayless said the Board of Education is 

considering moving to Arrowood Elementary. Councilman Louderback asked what plans the 

Board had for their current building. Mayor Bayless said the Board hopes to have the building 

declared a historic building. 

Mr. Merriman said there is a work session scheduled in February to layout the proposed 

programs to Council. He noted Ms. Crockett, Ms. Simpson, and Mr. Berger have done a lot of 

work to secure grants for the downtown and each one has built upon the next over the last few 

years. Councilman Louderback said that is why they need to get that information out to the 

public. President Felton said it does no good to fix the storefronts if code violations prevent 

merchants from using or renting the buildings. Mr. Merriman said they would need to work 

more closely with the business owners on the Façade Loan Program and streetscape. 

Councilman Caupp thought repairing the facades might encourage tenants. Mr. Percival said if 

you can’t rent your building, you would have no income to maintain it. It is a vicious cycle, 

which is why they must do comprehensive improvements – it can’t be one or the other. 

President Felton asked if the rent restrictions were still in the Façade Loan Guidelines. [If the 

project premises are occupied by a tenant, the owner shall not raise the tenant’s rent for at least 

three (3) years after completion of the rehabilitation project.] Ms. Crockett said yes; almost all 

the guidelines will stay the same. Having good Façade Loan guidelines helped them get the 

grant. The owners will have to step up because there is only $400,000, and they would need at 

least $4 million to even touch some of those things. President Felton asked if the banks have 

looked at it. Mr. Percival yes. Ms. Crockett said she needs to go back and discuss it with the 

banks now that they have the money; however, banks are being very cautious about lending 

money right now.


Councilman Louderback asked when the West Main Street Enhancement Project would begin. 

Mr. Percival said since they were allowed to combine Phase I and Phase II, the final plans were 

submitted to ODOT last week, but he did not know how long it would take ODOT to review 

them. The project was not supposed to start until 2011, but ODOT is trying to push it up to 

2010. Councilman Caupp thought Phase I was to begin in 2010. Mr. Merriman said that was the 

original agreement, but it was decided it would be more cost effective to combine both phases if 

all funds from the State were available at the same time. Mr. Percival said they will try to use 

stimulus money for the local match if ODOT can get the federal government to allow them to do 

that. Councilman Louderback asked how much the local match was. Mr. Percival said the local 

match is $200,000 but it would be great if they don’t have to pay it. They would spend money 

for the local match if they have to, but if they can use federal dollars, all the better. Councilman 

Caupp agreed. 

Vice President Mills noted she and Councilman Louderback have regularly been attending the 

Xenia Area Merchants Association (XAMA) meetings. The next meeting is February 4 th at 

6:30 p.m. in Bello's Restaurant at the Holiday Inn. XAMA is dedicated to marketing Xenia as a 

shopping, tourism, and dining destination and has always encouraged Council’s input. 

Councilman Caupp asked if all Council members could receive an e-mail about those kinds of 

meetings. Mr. Percival said Ms. Crockett could do that. Vice President Mills noted XAMA’s 

meetings are held on the first Thursday of each month and they alternate between 8:00 a.m. and 

6:15 p.m. meetings to accommodate varying schedules. 

Councilman Louderback said he did not think they should forget the Midtown Merchants 

Association. XAMA and the Midtown Merchants Association are two different organizations 

and he did not understand why they don’t just combine. The Midtown Merchants are asking 

why they can’t get some stimulus dollars. Mr. Percival shared there was a time when the 

downtown merchants could not get along with the Chamber of Commerce so there were two 

separate organizations. Vice President Mills noted Joe Kennedy attends XAMA meetings. She 

discussed displaying banners in the Midtown area between Orange and Main Streets but there are 

no light poles that would accommodate banners. DP&L said they could not add banner hardware 

to their poles. Mr. Percival thought they could do that. Vice President Mills noted she has often 

stated she did not want to leave the Midtown Merchants out of the Banner Program. 

Councilman Louderback agreed there has been so much dissention between the Midtown 

Merchants Association, XAMA, and the Chamber of Commerce. There is now a new Chamber 

of Commerce Board and some new Midtown and downtown merchants, and he thought 

everybody was starting to come together. President Felton said many of the Midtown Merchants 

Association and XAMA members do not belong to the Chamber of Commerce. Councilman 

Louderback said there is some bad blood there but that is changing. It costs $240 a year to join 

XACC, which may be a lot of money for a new business. 

Ms. Crockett said they would continue to think about how to include the Midtown merchants. 

Part of the distinction is that the grant money must be used for historic downtown areas. 

Councilman Louderback said he would love to help the Midtown merchants but there is a 

distinction between the historic downtown area and the Midtown area. Ms. Crockett said she 

would talk to the City Planner about how they could help Midtown merchants. Mr. Merriman 

said they could discuss how the programs could be incorporated to the extent available.


XEGC: Mr. Duke distributed the XEGC budget to Council. Mr. Percival said the overall 

XEGC budget was reduced by $3,000 from 2009. They have some significant dollars in some of 

the revolving loan funds in XEGC. They have asked themselves how they can get those dollars 

into the hands of businesses to help create jobs and opportunities, which is one thing they are 

working on as part of their economic development strategy. Hopefully, they will bring back 

some interesting and new ways to get some of those dollars into the community. Councilman 

Louderback asked how much money was currently available for loans. Mr. Brodsky said just 

under $600,000 was available for loans right now. Councilman Louderback asked if someone 

could come to XEGC instead of the SBA to get money to start a new business. Mr. Brodsky said 

XEGC provides gap financing. The person would have some equity into the project and would 

have to go through the bank to work with the SBA since it would be a new business. Through 

the bank, the SBA would provide some funding and the business would provide the equity. 

Usually there is still a funding gap and XEGC will try to fill that gap. Often the bank will ask 

the person to find funding for 20% of the loan amount. XEGC would work with the owner and 

bank to fill in the gap. Typically, XEGC is in a subordinate position but they would love to be in 

a shared first position. The terms of the loans through XEGC are slightly longer and usually 

better rates, but when blended all together, it works for the business. 

President Felton asked how many businesses received loans through XEGC and how much 

money was outstanding. Mr. Brodsky said they currently have five loans outstanding, but he did 

have the total loan amounts with him. The most recent loan was to help WBZI relocate and 

renovate their building on Second Street. They also helped out a number of businesses in the 

Industrial Park with purchasing machinery, equipment, and with building expansions. Typically, 

they look at those hard assets. Two businesses that approached XEGC last year for loans were 

able to get a better deal through Regional 166 (a State program) because the State has a larger 

amount they can loan based on job creation and a number of other things. Mr. Percival said the 

State program can loan up to $1 million, which is significantly higher than what XEGC can do. 

Mr. Brodsky said XEGC tries to get the best deal for the business. 

President Felton said years ago the city transferred $200,000 to fund the XEGC loan program so 

the city has been trying to help business and industry. Mr. Brodsky said since it is a true 

revolving loan fund, when the loans are repaid with interest, those monies go back into the fund. 

President Felton asked about the current interest rate for loans. Mr. Brodsky said the interest rate 

is 2/3’s of prime with a floor of 3%. Over the last few years, the interest rate has been 3%, 

which is pretty good. XEGC offers better interest rates than the banks on machinery and 

equipment, depending on the expected life of the equipment at 7 to 10 years. 

Mr. Percival said they have never had one loan default through that program, which says a lot 

about the administration of that loan program and why it exists. It has been a partnership with 

local businesses. Even Ashton Plastics paid off the loan a few years before they went out of 

business. Mr. Brodsky said the biggest problem for many businesses now is banks require 

working capital, and the business’s line of credit may have dried up. Councilman Louderback 

asked if XEGC provided working capital. Mr. Brodsky said no and he did not know of any 

government sponsored loan program that does allow for working capital. 

Councilman Louderback said he heard a rumor that XEGC planned to move from their current 

location. Mr. Brodsky said XEGC plans to stay at their current location through 2010, but


moving to the Chamber of Commerce has been discussed as a cost savings measure. XEGC 

really likes its current location and he would prefer to stay there long term. Councilman 

Louderback asked how much XEGC was paying for rent. President Felton noted line item 101- 

1001-5351 shows XEGC is paying $16,800 in rent annually. Councilman Caupp thought it 

would make more sense for XACC to move to XEGC’s location. Mr. Brodsky said they have 

had that conversation with XACC because XEGC has much better space. The building owner 

also had a conversation with XACC. The issue is that XACC owns their building debt free. 

Other than their maintenance and building costs, XACC has no other expenses. If XACC moved 

in with XEGC, they would be expected to pay rent. The suggestion was made for XACC to sell 

their building and apply the money toward rent, but he did not know how easy it would be to sell 

the building. What would XACC use to pay rent after the money from the sale of the building 

was depleted? They do not plan to move in 2010, but they may have to move in 2011 as a cost 

savings measure. They plan to discuss the best option for the city and XEGC with Council. 

(Councilman Smith left the meeting at noon.) 

Councilman Caupp asked if Mr. Brodsky thought businesses in Xenia got “their bang for the 

buck” by joining the Chamber of Commerce. Mr. Brodsky said yes. Councilman Louderback 

agreed. Mr. Brodsky said there are a number of benefits to being a Chamber member. 

Obviously networking is a plus, but fiscally there are advantages to being a member of XACC, 

but not every business may take advantage of those benefits. 

President Felton noted Council did not get XEGC’s budget until this morning. Mr. Percival said 

that was not Mr. Brodsky’s fault. President Felton said Mr. Brodsky had a report that was 

overdue. Mr. Brodsky said, as they discussed a month ago, the Economic Development Plan 

was given to the City Manager’s office in September or October 2009, and it was supposed to be 

discussed at a work session. Mr. Percival said he was given the report in October, but they have 

been unable to schedule a work session with Council. 

President Felton said those things need to go on a list of items that need to be discussed with 

Council so Council can say what they need to discuss first. Mr. Percival said they would like to 

discuss a local job creation tax credit (JCTC) program with Council that would be used as an 

attraction, like Fairborn, Kettering, Centerville, and other local governments are doing as a local 

job creation tax credit. Fairborn used a JCTC with Peerless Technologies, which is why the 

company is still in Fairborn. President Felton thought Council may need to meet 90 minutes 

before regular sessions and on some Saturdays for a while until they get caught up. Mr. Percival 

said that would be fine. He thought one more Saturday work session would be needed to 

complete the 2010 budget. He noted Council still needs to discuss the Xenia Municipal Court 

and Public Service budgets. 

Mr. Bazelak noted primary funding for XEGC will be significantly reduced beginning in 2011. 

They put $100,000 in the 2011 budget for economic development to fill in the gap in the short 

term if they are successful in passing the levy. Another reason to get behind the levy is to 

provide funding for economic development. 

President Felton said four or five years ago, XEGC promised as part of their agreement to work 

toward self-sufficiency, but she could not see where XEGC has done anything to make that


happen. She was not saying they should not spend money on economic development. She is just 

asking where XEGC has been, which is a fair question. Mr. Brodsky said XEGC tried to obtain 

private dollars. President Felton agreed, but XEGC is not stepping forward. Mr. Percival said 

the dollars they have been using to fund XEGC have been dollars generated for the downtown 

through tax increment financing (TIFs) and those dollars have specifically gone to that area. In 

2011/2012, the area transitions from an economic development area to a general tax area. He 

thought they could tell the schools how much the city has supported the schools through their 

economic development efforts, and the city now needs the schools to step up and say they will 

still dedicate those revenues generated to XEGC. With former School Superintendent Jim 

Smith, it was a slam dunk, but as we get generations away with Superintendents from how this 

whole thing started, we are going to have to do a specific educational component with them and 

say “Hey, the city has supported you in all these different ways – now it’s your turn.” 

Mr. Bazelak agreed the new Superintendent will need to be brought up to speed on the history of 

the TIFs, etc., but it should be self evident that a significant source of funding for the schools is 

property taxes and new businesses will obviously have an effect on the revenue stream for the 

schools relative to property and income taxes. Mr. Brodsky agreed that new businesses coming 

to Xenia hiring new employees also helps the school system. Vice President Mills noted Xenia 

Schools will have a new Superintendent next year. 

President Felton said her issue is not the schools – it is industry and business. Every time she 

opens her mouth about this, she is told ‘we have a bad economy’. The agreement she referenced 

was done long before XEGC’s mission was changed to include commercial, which Dale Grimes 

never wanted to do; all he wanted to do was industry. Mr. Percival agreed. President Felton said 

when that all changed, the mission statement changed to include commercial and business, but 

we knew there was an end to this [TIF] money. She asked how they could get XEGC to be selffunded. 

Mr. Brodsky said XEGC was 25 years old last year. The problem is that businesses in Xenia 

have enjoyed the benefits of XEGC at no cost. It is difficult to tell businesses that have been 

getting services free for years that they will now have to pay. President Felton said businesses 

will yell when they hear that XEGC is closing its doors. Mr. Brodsky agreed. President Felton 

said when they tell businesses the city can no longer fund XEGC, they need to ask them if 

paying for XEGC’s services is a viable option for them, and some businesses will say no. Of 

course, it would not be very smart if businesses do that. Mr. Brodsky said some businesses may 

feel a sense of corporate responsibility and gladly pay, but many other businesses will not. The 

other issue is some businesses will have to choose to either belong to the Chamber of Commerce 

or XEGC. They will then end up with two weak organizations. The other issue is will XEGC 

become a “pay to play” kind of organization. If industry “A” is paying $1,000 a year but their 

neighbor is not contributing anything, should industry “A” not be getting something for their 

$1,000? If the answer is industry “A” is not getting anything more than what their neighbor is 

getting, then why should industry "A" contribute $1,000? Local businesses should be supporting 

XEGC’s efforts because they are the ones that benefit. President Felton said everybody benefits. 

Mr. Brodsky agreed, but those are some of the efforts they need to look at. Mr. Bazelak said 

with the city’s funding and if they are able to work with the schools, that will be the primary 

source of keeping the funding as it is. Some of the things they discussed will help supplement 

the dollars they will need for economic development.


Mr. Brodsky said it has obviously been a difficult year, but some new businesses did open and 

provided minimal employment. In the last month, XEGC has been busy working with an 

existing business that will be doing a major expansion and adding 30 to 50 new jobs with starting 

salaries of $50,000. Councilman Louderback asked which business he was referring to. 

Mr. Brodsky said he was referring to BARCO. Councilman Louderback thought that was great 

news because they laid off some employees. Mr. Brodsky said that was true, but BARCO has 

gone to a different product line, which is why they need more help and where some of the new 

incentives they discussed may come into play. The State and County are working with them to 

be as creative as possible to meet BARCO’s needs. There is also a small business in the 

township working out of their barn, and he found out on Thursday that they reached a tentative 

agreement to purchase a building in the Industrial Park, which would bring in another 25 to 30 

employees. 

Councilman Louderback asked for an update on Cornerstone Research. Mr. Brodsky said they 

continue to work with Cornerstone. Councilman Louderback asked if it was a matter of 

Cornerstone getting financing. Mr. Brodsky said yes and no. Cornerstone Research changed 

their thoughts on how development would occur. He is very optimistic that they are close to a 

deal, but Cornerstone is reviewing their figures on gas, electric, etc. He was told timing was an 

issue more than costs. Councilman Louderback asked if the roadway was done. Mr. Brodsky 

said phase I of the road was completed in October. Phase II has been started, which will take the 

road to Union Road. Mr. Percival said he heard a rumor that another company is ready to make 

an offer on 25 acres out there but they don’t even know who the company is. Mr. Brodsky said 

the county does not even know the name of the company. Councilman Louderback asked if they 

property was located in the city limits. Mr. Brodsky said yes. 

Mr. Brodsky said there is a CETA annexation agreement for revenue sharing with the township. 

Mr. Percival said the agreement is for 12.5%. 

Councilman Louderback said in order to grow a city, it is important to expand our current 

businesses as well as bring in new businesses. He heard rumors that CMS may be expanding. 

Mr. Brodsky said CMS does a lot of work with the defense industry. Fortunately, CMS realized 

they need to broaden their horizons as the Iraq War winds down, so they are looking into getting 

into other industries. CMS has two buildings, but they lease part of one of the buildings to 

another company. That company was put on notice that they may have to relocate because CMS 

may need that space. He said that discussion took place last January, but due to the economy, 

some of that was put on hold, but it is still a possibility. Councilman Louderback noted CMS 

pays well. 

Councilman Caupp said he heard that Giant Eagle was talking about purchasing Biggs. If that 

happens, the SuperValu Warehouse will close. Mr. Percival agreed if the Biggs grocery chain in 

Cincinnati were no longer, the SuperValu Warehouse will close. Mr. Brodsky said there is just 

not much they can do about that. Mr. Percival said if Giant Eagle needs a warehouse in this area, 

the SuperValu Warehouse may stay open. Mr. Brodsky said the vast majority of leads they have 

gotten from the State are from businesses wanting to lease existing buildings of 100,000 square 

feet or more.


Councilman Caupp noted the city leases a city car for Mr. Brodsky. Mr. Brodsky said he only 

uses the leased car for business purposes. Councilman Caupp asked what kind of car was being 

leased for XEGC. Mr. Brodsky said it is a Chrysler Sebring, which was one of the perks in his 

contract. Prior to him, the city leased a Chevy Trail Blazer from Lang’s Chevrolet for the former 

XEGC Director. He wanted his car leased through a Xenia dealer, which is why his car is leased 

through Key Chrysler. 

After discussion, Council decided to schedule the following special sessions: 

Thursday, February 11 th at 5:30 (prior to the regular session to discuss the public service 

budget) 

Saturday, February 20 th at 9 a.m. (to discuss Municipal Court) 

Thursday, February 25 th at 5:30 (prior to the regular session, if needed, which will depend 

on what Council gets through on Saturday, February 20 th ) 

The Special Session was adjourned at 12:25 p.m. 






February 11, 2010 


5:30 p.m. 

The Xenia City Council met in a Special Session on February 11, 2010, at 5:35 p.m., in the City 


Dale Louderback, William R. Miller (arrived at 5:55 p.m.), Wesley Smith, Marsha J. Bayless, 

and Patricia L. Felton. 

Continuation of 2010 Budget Review. Mr. Percival invited Clerk of Court, Pete Creamer, to 

discuss the Xenia Municipal Court’s 2010 budget with Council. 

Xenia Municipal Court (1002). Mr. Creamer said he needed to discuss three line items that 

were revised after Council was given the 2010 budget worksheets. He discussed those items 

with Mr. Duke and Mr. Merriman; however, they will not affect the total XMC budget. He 

noted Judge Murry provided Council a copy of the XMC State of the Court 2009 Annual Report. 

The biggest item regarding the budget is that they are down 3,740 tickets from 2008 to 2009, 

which is easily [a loss of revenue] in excess of $200,000. He noted at a recent conference Judge 

Murry learned that other Municipal Judges and Courts in the State of Ohio were experiencing the 

same loss of revenue. The Court cannot just solicit revenue, other than raising Court costs, 

which is not a wise thing to do in the current economy because people are already having trouble 

paying Court costs. XMC costs are $100 [per case], which is comparable to Fairborn and most 

other Municipal Court costs. They are sending close to 60% of Court costs to the State, which 

they have no control over. Of $100 in Court costs, 60% goes to the State. In an effort to 

maximize the collection of fines and Court costs, they initiated the Amnesty Program for the 

third year in a row. Individuals who had warrants out for their arrest could come to Court to deal 

with unpaid fines and Court costs without fear of arrest. For the past two years, that effort 

resulted in the receipt of close to $17,000. As an additional incentive during the amnesty period, 

the $100 Court costs for issuing the warrant will be waived. In 2009, the Court continued the 

services of a professional collection agency to pursue unpaid fines and Court costs. This service 

costs the Court and City nothing. This effort in 2008 and 2009 resulted in the collection of over 

$120,000 for the Court. The oldest case was in 1990. They continue to do what they can, but 

without the arresting agencies writing more tickets, they do not know how to increase revenue. 

Mr. Creamer noted the three line items that XMC is revising are on page 6 of the budget 

worksheets. 

Fund 101, Municipal Court, Dept. 1002 


52140 Bank Charges @ $1,110. 

Mr. Creamer said line item 52140 will need to be increased to $9,194. The reason for the 

increase is because for a number of years they have worked with Security National Bank (SNB) 

who never charged the Court any kind of bank transactions for credit cards. XMC may be the 

only Court in the State that has had that arrangement with their bank. This past year, SNB 

outsourced their terminal fees to Elavon, which is a merchant service. Elavon has already started


charging transaction fees to the Civil Division, which does not process a lot of credit cards, but 

their Traffic and Criminal Division do. At some point they expect that SNB will start charging 

transaction fees. Judge Murry has written an Entry for the XMC to start charging a $3.00 credit 

card convenience fee in anticipation of the increase in bank fees. Within six months, they 

anticipate they will have enough revenue to offset the increase in this line item. 



53295 House arrest expense @ $29,500 

Mr. Creamer said line item 53295 would need to be increased to $46,914. Since the 2010 budget 

was submitted, the Court received an additional grant of $51,320 through the Ohio Department 

of Rehabilitation and Correction, Division of Parole and Community Services, thus increasing 

the total grant amount from $73,000 to $125,000. XMC has one (1) part-time Electronically 

Monitored House Arrest Coordinator (Lynzy Lacure). Thru the grant, Ms. Lacure’s position will 

become a fully-funded full-time position in 2010 (which includes benefits) at no cost to the city. 

The grant will also fund additional house arrests. The House Arrest Program will have a trickle 

down affect for the Police Division because the utilization of house arrests through this grant will 

mean the Police Division will incur fewer jail charges to house those individuals who would 

otherwise be in jail. 

Fund 363, Court Capital Fund. 



53790 Maintenance agreement software @ $33,120. 

Mr. Creamer said line item 53790 would need to be increased to $83,020. President Felton 

asked why the Court needed that much more money. Mr. Creamer said for some time the Court 

has discussed partnering with the Xenia Police Division and Greene County Sheriff’s 

Department on the electronic citation program (“E-ticketing”). They have haggled with 

CourtView for over a year to develop accurate figures on what that would mean for the interface. 

XMC will need to purchase software from New World to interface with the Police Division’s 

E-ticketing system and the cost is a little less than $50,000. President Felton did not recall 

seeing any money allocated for the E-ticketing software in the Police Division’s budget. 

Mr. Creamer thought the Police Division allocated money last year. President Felton said 

Council does not allow money to carry-over from one year to the next so the costs would have to 

be reapproved for this year. Mr. Percival said [on December 11, 2008] Council approved a 

payment for the New World Project to buy the hardware, software, and services for the 

E-ticketing system. President Felton asked what the maintenance costs were. Mr. Percival said 

the Police Division’s software maintenance for the New World Project increased significantly. 

Councilman Caupp said he recalled E-ticketing coming before Council. President Felton said 

she did not recall that. She said using E-ticketing is all well and good, but the costs keep 

increasing significantly over a good system that worked. What will they do when the power 

goes down and they cannot use those systems? Councilman Caupp said they have 

battery/generator backup.


Councilman Louderback asked if the XMC might be able to share space with the Police Division 

if it moves to Simon Kenton School. Mr. Creamer said he believed having a Justice Center with 

the Police Division and Court in the same facility is the ideal situation and he would love to see 

that happen. He has talked a lot with Fairborn Municipal Court personnel and one thing they feel 

was a mistake was that their Court is located so far away from their Police Division. He has 

spoken to Mr. Merriman a number of times about having a Justice Center. Councilman 

Louderback noted Simon Kenton has 32,000 square feet. Mr. Percival said once the MOU is 

done, they will begin the long-term planning to look at all the possibilities. They might be 

unable to move the entire XMC there but they might be able to move the Probation Department 

in order to save rental dollars. Mr. Creamer noted the Court is paying $1000/month to rent the 

two facilities that house the Probation Department and the Archive Center on E. Main Street. 

The Archive Center is working out perfectly, but it does cost $500 a month that could be used 

somewhere else if all the departments were located in one building. 

President Felton said she read the XMC 2009 Annual Report. She asked if XMC employees got 

raises this year. Mr. Creamer said no. President Felton noted Lynzy Lacure’s position was made 

a full-time position. Mr. Creamer said Ms. Lacure’s position will become a fully-funded fulltime 

position in 2010 and paid for by the grant he just discussed. President Felton asked what 

would happen if the Court is not awarded the grant next year. Mr. Creamer said Ms. Lacure 

would go back to being a part-time employee. President Felton asked if Ms. Lacure’s position 

was previously grant funded. Mr. Creamer said yes. 

President Felton said she looked at the numbers, revenue, etc. She thought Court costs were 

raised a year or so ago. Mr. Creamer said Court costs were last raised on April 1, 2009. 

President Felton said she could not understand how revenues decreased. There is a disparity 

between the cases filed (13,322) and cases disposed (13,677). The numbers are going up but the 

revenue is going down. Mr. Creamer referenced page 10 of the XMC 2009 Annual Report. The 

number of traffic, criminal, and civil cases disposed in 2008 went from 18,870 to 15,130 in 2009, 

which is a difference of 3,740 cases. Not all the tickets are from the XPD and Ohio State Patrol; 

they might also come from Bellbrook or one of the other 15 municipalities. Taking an average 

of 70% of those cases and multiply that by $50, could easily result in $200,000 less revenue even 

with the same number of charges filed from 2008 to 2009, which is significant. Even though the 

city financed the total excess of expense for XMC over revenue at around $228,000, the City of 

Fairborn’s expenses to finance the Fairborn Municipal Court was over $400,000, so the City of 

Xenia is getting a deal. 

Since the total XMC caseloads are down, Councilman Caupp asked if the Court made significant 

budget cuts. In his world, if his sales are down, he makes budget and overhead cuts to offset the 

lack of revenue coming in. He asked if the Court should not be an enterprise system that pays 

for itself. Mr. Creamer said no. He asked if the Police and Fire Divisions pay for themselves. 

Councilman Caupp said no. President Felton said they do not have a way to generate revenue 

[other than EMS billing]. Mr. Creamer said the Court also has no way to increase revenue. 

Councilman Caupp disagreed. Every time someone walks out of the XMC they have to pay 

Court fees and fines. Mr. Creamer said the Court is in the business of trying to collect as many 

of those fees and fines as they can, but they cannot solicit additional revenue aside from raising 

Court costs, which they have done twice. Councilman Caupp said he just paid a $160 ticket in 

Butler County for exceeding the speed limit by 15 mph.


Mr. Percival noted XMC eliminated one position, as reflected in their personnel costs. 

Mr. Bazelak said Court expenditures are down year-to-date from 2008 to 2009 partly due to the 

wage freeze; however, he noted there was a 27 th pay to consider that offset that figure. Part of 

the issue is that XMC raised Court costs twice in the last two years. Prior to 2008, Courts 

traditionally charged Court costs for each charge in an incident, but that is no longer permitted. 

Court costs can only be charged for an entire incident, which has resulted in a substantial loss of 

revenue for the Court and the City and is another reason why Court costs were raised. As 

Mr. Creamer noted, since the number of tickets decreased, the increase in Court costs was offset. 

If the number of tickets had not decreased, they would have made up that differential in terms of 

revenue and expenditures for the Court. 

Mr. Lewis used the example that when someone is arrested for operating a motor vehicle under 

the influence, very rarely is there only one charge associated with that arrest. Usually there is a 

speeding, a driving under suspension, a lane violation, and a DUI charge. Any one of those 

charges can theoretically stand on their own. If one of those charges is dismissed, the others 

would still be in effect. Courts used to charge Court costs for each charge because the Court still 

has to process and prosecute that charge. However, a number of Court of Appeals stated that is 

no longer allowed. The ramification for the City has been a substantial loss of revenue from 

those Court costs. Councilman Caupp said he agreed with the rulings. Mr. Lewis said some 

Courts that chose to not adhere to the rulings may face a large financial liability. Once the 

Supreme Court makes a decision, those Courts may have to go back and refund all those Court 

costs. It is not real wise to keep doing that. 

(Councilman Miller arrived at 5:55 p.m.) 

Mr. Creamer said when Judge Murry first took the bench, he voluntarily waived filling one clerk 

position in 2008. City Officials approached the Court again in 2009 and asked them to not fill 

that position and the Court once again agreed to do that even into 2010. The Xenia Municipal 

Court agreed to partner with the City and is not above any other department; everyone is hurting. 

Their court reporter has been on leave for several months fighting cancer, which necessitated 

using audio recordings, etc. They could have brought in another court reporter and paid that 

person to cover that position, but they held back from doing that in order to save expenses. A 

probation officer has been ill for some time following major surgery, and she should back on the 

15 th . The Court is extremely shorthanded but their staff has done remarkably well. In 2008, all 

Deputy Clerks underwent cross-training to make certain staff is available to cover all job duties 

during vacations, illnesses or other absences, which has been a life saver for the Court. Their 

employees work extremely hard, and even though tickets are down, no employees are sitting on 

their thumbs. 

Councilman Caupp asked if the XMC froze employees’ wages. Mr. Creamer said yes. 

President Felton said no one is saying that XMC employees are not working, and she finds 

Mr. Creamer’s tone offensive. Mr. Creamer said that was certainly not his intention. He hopes 

they have demonstrated over the past two years that the Court intends and wants to work as a 

team. They have tried very hard to work with all of city government in collaboration, 

cooperation, and partnership with dignity.


Mr. Lewis said a lot of “easy money cases” written by the Ohio State Patrol have declined, 

which is unfortunate because speeding tickets and other minor violations generate a lot of 

revenue since most people pay the ticket and don’t come to Court. The Court also does not have 

to spend time to process and prosecute the case. The Law Department has not seen a decrease in 

the cases it handles, which are more serious crimes. The Xenia OSP decreased staff three or four 

years ago. President Felton asked if Xenia Police Division were writing the same number of 

tickets. Mr. Lewis said he would have to look at those numbers, but they have seen the biggest 

decrease in the number of tickets written by the Xenia OSP. President Felton said they knew that 

was going to happen because the new head of the OSP directed his staff to monitor interstate 

highways; he did not care about the little towns. 

Councilman Louderback asked if Mr. Lewis was attributing XMC’s lack of revenue to the 

decrease in staff at the Xenia OSP. Mr. Lewis said that is where he saw the biggest decrease. 

Even if you take into consideration the reassignment of OSP to interstate highways, the number 

of tickets is down. President Felton said OSP monitors speeding on the interstate highways and 

uses that as an excuse to stop the drug dealers. Councilman Miller noted some parts of the State 

increased the speed limit from 55 mph to 65 mph. Councilman Caupp said there is no lack of 

OSP between Troy and Lima. Mr. Lewis agreed OSP heavily patrols I-75, I-71, and I-70. 

Public Service Department. Mr. Percival invited Utilities Manager Jason Tincu to discuss his 

department’s 2010 budget. Mr. Tincu said he would discuss the Water and Wastewater 

Treatment budgets and the Landfill Post Closure budget. He announced that for the second year, 

the City of Xenia entered into an agreement with DPL Energy for the Demand Response 

Program from June 2010 through May 2011. The City allocated up to 886 kW of power usage 

into the program between the City’s Ford Road and Glady Run Wastewater Treatment Plants and 

the Water Treatment Plant. Terms of the agreement allow for power load reductions at these 

facilities upon the request of DPL Energy at specific intervals of time and for specified durations 

(usually during peak season, such as the summer months). When that request is made, they will 

switch over to generator power for a period of up to 6 hours. In return for the power load 

reduction allocation, the City receives cash reimbursement in the amount of $4,800 per 100 kW 

or $40,000 for the year to be dispersed in quarterly payments from DPL Energy. This rebate 

equates to retaining about 9% of the total power cost to operate these 3 facilities. The City 

participated in this program in 2009 and was not required to curtail power load except for the 

required testing cycle. City staff will continue to evaluate and implement cost savings measures 

such as this in an effort to be good stewards of the community. 

Mr. Tincu said there have been a series of enhancements at the plants over the past few years to 

reduce costs and improve reliability and efficiency from the installation of energy efficient 

systems, such as variable frequency drives that gives them the ability to turn down, ramp up and 

slow down motors on blowers and pumps. They also altered staff schedules to reduce overtime 

and improve operations. Council will be able to tell from some of the line items that the City is 

recouping those funds in operational savings. Many of the kudos for those programs go to Water 

Treatment Supervisor Lisa Dawn and Wastewater Treatment Supervisor Ed Walker who will 

speak later. 

Fund 611 – Water Plant Operations, Dept. 1337. Mr. Tincu said the line items include 

expenses for plant and well field operations, compliance monitoring, and water supply


appurtenances. The 2009 operating expenses utilized 86.7% of the appropriated budget so they 

definitely kept costs down from what was appropriated. The 2010 operational appropriations are 

budgeted at 3.67% less than the 2009 appropriations. He then invited Lisa Dawn, Water 

Treatment Supervisor, to answer specific questions on the 2010 budget. 

Ms. Dawn entertained questions. Councilman Caupp noted the budget shows a decrease for full 

time salaries but an increase for part-time and indirect salaries. Ms. Dawn said under last year’s 

reorganization, they added two part-time employees at the Treatment Plants. Mr. Tincu’s 

position is the indirect position shown, and a portion of the Water Treatment Plant funds pay for 

his salary. Councilman Caupp thought they discussed hiring two part-time retired employees to 

work at the Water Treatment Plant. Mr. Tincu said they hired two part-time staff to help with 

some of the administrative duties Ms. Dawn was dealing with as well as to provide for some 

succession planning. They will probably recoup some of that in the near future when a couple of 

positions turn over. Ms. Dawn said the two part-time staff floats among all their shifts 24/7, 

which helped to reduce their overtime last year. Mr. Tincu said the whole point [in hiring two 

part-time staff] was to have them trained and available to cover vacations, etc., so they do not 

have to pay a full-time operator overtime. 

Fund 611 – Water Plant Operations, Dept. 1337 


53121 Engineering Services @ $7,500 

Councilman Caupp asked about the “Engineering Services” line item. Mr. Dawn said 

Engineering Services come up throughout the year. For example, last year they attempted to 

alternate the backwash process last fall that caused discoloration problems. Using the existing 

plant design, they looked for someone to give them advice on alternatives to that process. They 

are also examining their corrosion control to modify it even better to allow for further 

improvements in the system. They also budgeted money for engineering consultation services in 

the event unexpected situations occur. Councilman Caupp noted very little money was spent on 

Engineering Services in previous years. Mr. Percival said they try not to use the money, but 

there are times when they have to. Mr. Tincu said there is also a need to update some 

documents. A lot of the modifications that were completed since 1980 to the present are not 

documented in engineering drawings. Now when improvements are made, they require that the 

contractor integrate “as builds” into a master plan. 

Ms. Dawn pointed out now that Mr. Tincu is leading all three plants, they are doing their best to 

align themselves between Capital and Operations so that things are paid from the correct funds. 

Before it was rather scattered and sporadic because things were addressed as they came up, but 

now they are getting things organized. Council will notice the object code for Engineering 

Services was reduced on the capital side but a little was picked up on the operational side. 

Mr. Percival said Ms. Dawn did a super job dealing with some serious issues that arose last year. 

When the generator died last year, we were basically hanging out there and Ms. Dawn has done a 

superior job of holding everything together and working with staff to ensure they did not run into 

any problems bigger than what they actually had. Ms. Dawn has done a superb job of bringing 

people together and working with Mr. Tincu to make sure there is clean water coming into the 

city and being transmitted to our residents.


President Felton asked if Ms. Dawn had enough certified employees. Ms. Dawn said yes. With 

the exception of one employee, everyone has passed their Water Treatment Plant Operator I 

exam and several employees have taken their Operator II exam, so they are “Operators in 

Training” and just waiting to get their field experience. They have great teamwork and 

collaboration at the Water Treatment Plant and see themselves as servants to all of the public and 

to Council. She thanked Mr. Percival for his comments. Mr. Tincu said the most senior 

employee [at Water Treatment Plant] has worked there only five years. Ms. Dawn is advanced 

in her records retention and operations and her preventive maintenance plans have really 

advanced that operation. He offered many accolades to Ms. Dawn for the work she has done. 

Fund 612 – Wastewater Treatment, Dept., 1331. Mr. Tincu noted the 2009 operating 

expenses ran 89.8% of the appropriated budget. He noted facility management is not predictable 

because they never know when a building lead is going to blow and they’ll have a $5,000 repair. 

Therefore, there are appropriations for contingencies. President Felton felt Mr. Tincu should 

have only appropriated 90% of his budget if he was almost 11% “under budget”. Mr. Tincu said 

they cut the 2010 budget by almost 2% compared to the 2009 budget. President Felton noted 

Mr. Dawn just talked about the 2009 operating expenses being 15% under budget. Mr. Tincu 

said Ms. Dawn noted the 2009 budget was 10% under budget. Mr. Tincu said he felt the 

department was making strides in the right direction by submitting budgets that are less than the 

2009 budget. He reiterated they must plan for the unexpected. 

Fund 612 – Ford Road Plant, Dept. 1331, and Glady Run Plant, Dept. 1336. Mr. Tincu said 

the operating expenses ran 88.3% of the 2009 appropriated budget, and it was cut over 2% for 

the 2010 appropriations. He then invited Ed Walker, WWTP supervisor, to address Council. 

Mr. Percival entertained questions from Council. President Felton asked if the beaver dams had 

been removed from the Glady Run exit by the bike path. Mr. Walker said the beaver dams were 

cleared some time ago and the beavers were also relocated. President Felton noted that is an 

emergency access for the Police and Fire Divisions. Mr. Walker said the beaver dams were 

located near the entrance to Wright Cycle Estates. President Felton said she just wondered if the 

area was still clear. Mr. Walker said yes. 

Fund 613, Landfill Closure, Dept. 6905. Mr. Tincu said this fund takes care of the required 

landfill post-closure groundwater monitoring activities including gas line migration and 

monitoring and groundwater monitoring. They are required to do post closure monitoring care 

of the landfill for a minimum of 30 years. The 2009 operating expenses ran 41% below the 

appropriated budget; therefore, the 2010 budget was also reduced. They conducted two 

groundwater sampling events. If they hit a specified level, it takes them to an advanced level of 

monitoring. They then have to go upstream and upgrade and downgrade that well and do 

additional sampling. What they don’t want to do is provide direct access from the decomposition 

of the waste into the groundwater because it could contaminate the groundwater. The minimum 

yearly contract with MACTEC Engineering and Consulting is $25,000 for two semi-annual 

detection events. If they detect high levels of contamination, there will be some additional costs. 

President Felton asked about the status of the methane gas concentrations at Area F of the 

landfill that exceeded the allowable concentrations necessitating the installation of more 

monitoring wells. Mr. Tincu said the trench they put in is working but it is environmental and


climate dependent. The city is still in violation for offsite gas migration, but because they 

monitor the wells weekly, the EPA is okay with it. Those concentrations have not changed since 

the landfill closed. There are two specific areas where offsite gas migration is occurring. One is 

in front of the sanitation barn and they are in a monitoring period. At some point, the EPA could 

come on site and force them to do some migration and remediation efforts, but they have been 

satisfied with the additional monitoring and reporting the City is doing. President Felton asked if 

they were still using some of that methane gas. Mr. Percival said they are burning the gas off but 

they are not using it. Councilman Miller asked if the methane gas could be used in one of the 

furnaces. Mr. Tincu noted they joined the U.S. EPA’s Landfill Methane Outreach Program. 

They take the concentration and volume of methane gas, enter it into a formula, and give you a 

return on your investment. The return on the investment for the life of the landfill and depth just 

was not there. It was going to cost them hundreds of thousands of dollars to buy the equipment 

to then reuse the methane. With the age and depth of the landfill their model said the city would 

not be able to recoup the money by the time that methane generation starts to drop off. 

Mr. Percival said the younger the landfill, the more gas it creates. As the landfill ages, the trash 

decomposes and does not create as much gas. Mr. Tincu said the depth of the landfill has a 

bearing on gas migration. A liner would give them a tighter fit in trying to extract the gas, but 

according to today’s standards, the city’s landfill is technically not lined. President Felton said 

the landfill was lined when the landfill was closed. Mr. Tincu said they have better technology 

now, which is what these systems are modeled from. It has been 20 years since the landfill 

closed, and the normal gas generation period is 30 years. 

Mr. Percival said when the landfill was closed in 1990, the city offered to put in a liner to bring it 

up to Class A standards so they could continue to operate the landfill. However, the EPA said no 

because they wanted the landfill closed. The city then capped the landfill with clay. President 

Felton said the consultant did not tell the city until later that they needed to install methane gas 

monitoring wells. Mr. Percival said the landfill will have to be monitored for 10 more years. 

Because they have off site gas migration, Mr. Tincu said until they meet every EPA compliance 

standard, the city will not be allowed to pull out of the landfill post-closure activities. 

President Felton asked if Mr. Tincu planned to replace any vehicles. Mr. Tincu said they would 

like to purchase two small trucks. One vehicle would replace the old 1993 S10 pickup that Gary 

Johnson used. They also recommend increasing Ms. Dawn’s operation from one to two vehicles. 

Many times employees will be out doing distribution runs or checks at the elevated storage 

facility and staff will be left with no city vehicle for emergencies or if she has to do her 

supervisory runs to the Service Center. They are recommending the purchase of a small 4x4 

extended cab truck. 

Fund 664 – Water Capital, Dept. 6602 


53402 Motor Veh. Trucks and Vans @ $15,000 [S10/Ford Ranger 4X4 for supervisor] 

Fund 665 – Sewer Plant – Ford Road, Dept. 1331 


53402 Motor Vehicles @ $15,000 [Ford Ranger replacement (#1401)] 

Councilman Caupp asked why staff could not use old police cruisers like he has seen at other 

municipalities. Mr. Tincu said they currently use the old Finance Department Ford Taurus.


Mr. Percival agreed with Councilman Caupp and noted the Inspection vehicle is an old cruiser. 

The question is whether it is more valuable to trade in the old cruisers or keep them for use by 

staff. Lately, the trade-in value on the old cruisers has been $5,000 to $6,000, which is pretty 

good for a vehicle with 160,000 miles. Councilman Caupp said they may get $5,000 for trading 

in the vehicle but they will spend $25,000 for a truck. Mr. Merriman thought they had a pretty 

good track record regarding staff’s reuse of old vehicles. Many of the cruisers have a ton of idle 

miles on them in addition to the actual miles shown on the odometer, which translates into a lot 

more wear and tear on the engine. Mr. Tincu said in addition to that, staff needs a 4-wheel drive 

vehicle that can be used when going to the well field, river, or outfall. 

Fund 101, Municipal Building, Dept. 1009. 

Fund 101 – Municipal Bldg., Dept. 1009 


53793 Maintenance Agreements/Building @ $25,000 which includes: $5,000 for UPS power 

backup computer system and $20,000 for security/communications center with 

Simplex. 

Mr. Merriman noted there is a 400% increase in 101-1009-53793 for maintenance agreements. 

Last year they had to replace the Uninterruptible Power Supply (UPS) and the new maintenance 

agreement is substantially higher. The old maintenance agreement with Simplex ended and 

$20,000 is budgeted for the new maintenance agreement. They are trying to contain costs on 

maintenance agreements while simultaneously improving conditions at City Hall. Staff and 

residents have expressed some concerns about the condition of restrooms and they are trying to 

improve those areas. As discussed previously, there are some serious issues at City Hall and 

they need to develop a long-term plan to address those issues as well as allocate capital dollars to 

ensure City Hall is presentable to the community and functional for staff. The 2010 budget as 

presented is the bare bones needed to provide what is necessary to keep the facility operating. 

Mr. Percival said he is currently working with DP&L to try to get them to consolidate all our 

electric bills into one bill in order to get much better rates for all departments. DP&L never 

allowed that in the past, but they are reconsidering it this year. If they can consolidate all the 

bills, they can take advantage of the fact that the Water and WWTP are 24/7 operations, which 

would allow them to get a better rate at all our other buildings. President Felton asked if the 

rates are based on usage. Mr. Percival said yes. Councilman Miller asked why DP&L never 

allowed the consolidation before. Mr. Percival said DP&L considers each building a separate 

entity, but they are rethinking that. Charges for electricity at the Water and WWTP that operate 

24/7 are much less. 

Councilman Louderback asked if staff from Towler Road could be moved to the City Building if 

the Police Division moves. Mr. Percival said some staff could be moved. Councilman 

Louderback asked if the city rents the building at Towler Road. Mr. Percival said no; the city 

owns the facility. There may be some logic in moving Community Development, Planning and 

Zoning, and Engineering to City Hall in order to use the building solely for Public Service. Once 

the MOU is signed, Mr. Merriman, Mr. Bazelak, the Police Division, and he will develop a long 

range plan to identify how each building should be utilized. Mr. Merriman said there is currently 

no long term rehabilitation program for City Hall. Even though the HVAC was upgraded, that 

upgrade was designed to buy some time and improve energy efficiency. Those changes will not


necessarily make the system run better or make it last a lot longer. There are some long-term 

concerns with that system, as well as other pieces of the critical mechanical systems of the 

facility. The HVAC system just does not work as well as it did 20 years ago. Many changes 

have taken place over 20 years and at some point they need to discuss what they can afford to do 

to provide some facelifts. As Mr. Percival stated, they need a plan to present to Council as a 

recommendation to chart a course. Councilman Louderback asked when City Hall was built. 

Mr. Percival said the front half of the building was built in 1938, and the back half that houses 

the Court was added in 1989. 

Mr. Lewis noted there is a lot of land at Simon Kenton. Councilman Louderback thought there 

was 12 acres. Hypothetically, Councilman Caupp asked if the Law Department would move to 

the Justice Center (Simon Kenton) along with the Police Division and Court. Mr. Lewis said he 

would assume so which he thought would be ideal, but he did not see that happening in the 

immediate future because there is no money. Mr. Percival said they might be able to save money 

by moving the Probation Department and Archive Center to Simon Kenton. Mr. Lewis said he 

thought it was a great opportunity to get the school building. President Felton agreed. 

Councilman Caupp asked what it would cost to renovate Simon Kenton. Mr. Percival said part 

of the planning process would be to figure that out. 

Fund 101 – Xenia Station, Dept. 1557. Mr. Merriman said the overall expenditures at Xenia 

Station were down substantially. As part of the reduction in force last year, the maintenance 

position at Xenia Station was transferred under the Water or Sewer Department, which resulted 

in an overall reduction in the 2010 budget. They still maintain multiple services at Xenia Station 

but are not able to do that as frequently. 

Fund 101 – Xenia Station, Dept. 1557 


54202 Uniforms – Special @ $470 [outerwear and safety boots] 

53202 Uniforms Rental at $1,000 

Vice President Mills clarified no staff was stationed at Xenia Station. Mr. Merriman said no 

staff is there on a regular basis. Vice President Mills asked why $470 was budgeted for uniforms 

when no employees work at Xenia Station. Mr. Merriman said the above line items should be 

removed. 

Fund 101 – Xenia Station, Dept. 1557 


53803 Natural gas and propane @ $6,675 [42.88% increase] 

Mr. Merriman noted there is a huge increase shown for natural gas that he will need to check into 

[42.88% increase]. The per unit cost has not increased that much and this is second year with a 

significant increase. President Felton asked how there could be an increase in gas when nobody 

works there. Councilman Louderback thought the DARE program was located at Xenia Station, 

but that program could potentially be moving to Simon Kenton. Mr. Merriman said that also 

raises the question of what is the long term plan for use of that facility. President Felton said 

they should just lock the door because nobody wants to take care of it. Mr. Percival did not think 

that was a good solution. They discussed with the County the possibility of letting the Greene 

County Park Rangers utilize that space so someone would be at the facility all the time. The


Greene County Parks and Recreation Department has no space for their Rangers. President 

Felton thought the County must have vacant space because they have been laying off people. 

Vice President Mills asked if they would charge the County to use Xenia Station. Councilman 

Caupp said absolutely. Mr. Merriman they discussed it being a quid quo pro. Since the city 

cannot provide consistent security at Xenia Station, the city is constantly replacing windows, 

painting over graffiti, and paying for other damages. The Park Rangers would have a presence 

there on a more consistent basis which should reduce vandalism, thus saving us dollars in man 

hours and materials. 

President Felton asked why there were no surveillance cameras at Xenia Station. Mr. Merriman 

said they tried but they do not have enough staff to monitor a live feed at the facility. They could 

purchase a video recording device but those are only good if you catch people and if there is a 

good quality image. Vice President Mills said unless there is someone at Xenia Station 24/7, 

vandalism will still occur. Mr. Merriman agreed that could happen to some extent, but every 

hour there is somebody there is one hour less that people have to vandalize it. President Felton 

asked what the Park Rangers would do at Xenia Station. Mr. Merriman said if the Park Rangers 

were housed at Xenia Station they would have a regular presence. Councilman Louderback 

suggested opening an ice cream shop. President Felton said an ice cream shop was part of the 

original design. Mr. Merriman agreed they had discussed looking at other opportunities such as 

an ice cream shop. 

Councilman Caupp asked why there was not enough internet service at Xenia Station for a 

camera. You can buy a trail cam, put it in the middle of the woods, and get very clear pictures 

even in the middle of the night. Mr. Percival thought Mr. Merriman was talking about a live 

feed that dispatch would monitor all the time. There is not enough space in the Dispatch Center 

to run a live feed for a camera but a trail cam is a possibility. Councilman Miller said after his 

brother’s business was recently broken into, he purchased a security system with a DVR that 

hooks up to a computer and he has had no problems since that time. Councilman Caupp thought 

a system like that would cost $3,000. Mr. Merriman said if that is something Council would like 

them to investigate, they certainly can. Given the amount of money spent to repair damages due 

to vandalism, Councilman Caupp thought $3,000 would be a good investment. Mr. Merriman 

thought having a $3,000 system would certainly act as a deterrent but it would not be that helpful 

in catching perpetrators. Mr. Percival said they would look into purchasing some type of 

security camera and share that information with Council. 

Mr. Merriman said they discussed various options for the facility and one option was to partner 

with the County to get some use out of the facility. They also discussed allowing private 

industries to use Xenia Station, such as an ice cream shop, but in today’s economy it is hard to 

start a new business. Mr. Percival said Xenia Station was originally designed to utilize the back 

window for an ice cream shop. President Felton thought they should lock up Xenia Station 

because it is not being used. 

President Felton asked why the restrooms at Xenia Station were not locked this winter like they 

were at Shawnee Park. Mr. Merriman said although Xenia Station does not get the bicycle 

traffic in the winter, the restrooms are open during certain times. Also, Xenia Station is 

sometimes rented for meetings so the restrooms are open year-round. In fact, someone called 

yesterday about renting Xenia Station on Friday and Saturday to conduct a bible school this


summer. President Felton said she could understand leaving the restrooms open in the summer, 

but she wanted to know why the restrooms at Xenia Station were not locked in the winter. 

Mr. Merriman thought it was a good question. Councilman Louderback thought Xenia Station 

was used a lot by bicyclists in the spring and summer but it is not used in the winter. President 

Felton noted Shawnee Park is used a lot more than Xenia Station. Mr. Percival said he did not 

know why the restrooms at Xenia Station were not closed in the winter. However, in the spring 

and summer he has seen the Xenia Station parking lot full. President Felton said that does not 

mean those people are in Xenia Station but Shawnee Park is always full of kids. Mr. Merriman 

said they asked the County to set up a counter to give them an idea of the traffic flow; however, 

they did not get a chance to do that last fall. 

Councilman Caupp thought the restrooms at Xenia Station and Shawnee Park should be open for 

people that come to Xenia to use the park and bike trails. We have flush toilets at Shawnee Park 

and Xenia Station, which goes back to improving the image of the City. Those restrooms should 

be open for visitors to the city and should be checked and cleaned daily. If it takes somebody 

from the Street Department to clean those bathrooms every morning, then that should be done. 

You don’t go to other cities where facilities are locked up; they are open for people to use. 

Mr. Merriman said they reduced staffing levels at the park by one person last year and reassigned 

the other person to a modified schedule. The bargaining union agreed to amend the contract to 

allow that. Only one person is responsible for maintenance at all the parks including all trash 

collection, some mowing, landscaping, maintenance of the facility, and many other things. If 

Council wants to go in that direction they can, but he cautioned them that they are stretched to 

the very limit from a parks maintenance perspective, and it is creating a significant deficiency in 

a lot of the things they should be doing at the parks in terms of preventive maintenance and other 

things. As was discussed last year, at some point they needed to make service cuts and that is 

one thing they discussed. He and Mr. Percival have talked with Mr. Quinlan over the past couple 

of weeks about options to extend some of the restroom hours this summer, but they will not be 

open as long as they were in the past. 

Mayor Bayless asked how often community/court workers are utilized. Mr. Merriman said not at 

all, because there are no jail supervisors to monitor prisoners and fewer people doing community 

service. President Felton said they used to have a lot of community service people, but the 

Courts are not doing that anymore. Mr. Lewis said people are only ordered to do community 

service if they can prove they cannot pay their Court costs. Councilman Caupp noted 

Mr. Creamer stated the Court cannot force people to pay Court costs, but he asked if Judge 

Murry can force people to do community service. Mr. Lewis said not really. Mr. Percival said 

people can choose to do community service if they want to. Councilman Caupp asked how a 

judge could order people to jail but cannot order them to do community service. Mr. Lewis said 

people cannot be ordered to do community service. The Court can ask people do to community 

service and a lot of people choose that option. Councilman Caupp asked what would happen if 

he did not pay his speeding ticket. Mr. Lewis said Councilman Caupp would get a license 

forfeiture suspension and the State of Ohio would take his driver’s license. 

Vice President Mills noted BRACA is co-sponsoring the Easter Egg Hunt with the Xenia Area 

Churches. They were told there would be a $50 charge to open the Shawnee Park restrooms for 

the Easter Egg Hunt. Mr. Merriman said there would be no charge and the restrooms would be


open for the Easter Egg Hunt. They discussed modifying staff’s schedules to ensure the 

restrooms are open. Vice President Mills said she would share that at the next BRACA meeting. 

Mr. Merriman shared copies of the 2010 Vehicle Replacements: Water and Sewer Maintenance 

with Council. An update will be provided to Council each October for the next year’s budget 

preparation. The document does not cover Mr. Tincu’s department because he did not have 

enough time to prepare a comprehensive document. In the past staff was criticized fairly for 

requesting vehicle replacements and not stating why they needed to be replaced. He is in the 

process of doing a comprehensive review of the City’s Fleet Management Program to ensure 

they have the ability to maintain that program long term. The document will be discussed further 

at the next budget session. 

The Special Session was adjourned at 6:55 p.m. to go into Regular Session. 








7:00 p.m. 

The Xenia City Council met in a Regular Session on February 11, 2010, at 7:05 p.m., in the City 



INVOCATION: Dr. John Freeman, Pastor, United AME Church, Xenia, gave the invocation 

after which all joined in the Pledge of Allegiance. 

APPROVAL OF MINUTES: Motion by Councilman Louderback, seconded by Vice President 

Mills, to approve the January 28, 2010, Executive/Special Session minutes as written. No 




Motion by Councilman Caupp, seconded by Councilman Smith, to approve the January 28, 

2010, Regular Session minutes as written. No discussion followed. The Roll on this was the 

following: 



SPECIAL PRESENTATION: Xenia YMCA, Tiffany Foxx, Director. Councilman 

Louderback introduced Tiffany Foxx, the new Xenia YMCA Director. Ms. Foxx shared that she 

was the Massillon YMCA Branch Director prior to becoming the Xenia YMCA Director on 

January 4 th . She is looking forward to revitalizing many programs offered at the Xenia YMCA. 

She has heard the cry from citizens for stronger youth programming and welcomes Council to 

share any concerns with her. She announced that the YMCA is in the middle of their two-month 

Strong Kids scholarship campaign led by volunteers to raise money to ensure that no one is 

denied the opportunity to share in the YMCA experience due to an inability to pay. Area youth 

are the primary recipients but assistance is also provided to families so they can participate as a 

family in all the programs. If anyone has not been approached to support the campaign, please 

stop by the YMCA or she is always equipped with pledge cards. 

Councilman Louderback said he serves on the YMCA fundraising committee. The Strong Kids 

Program is a very worthwhile program. He noted 35% of the money raised goes to 

disadvantaged kids and family memberships. He particularly likes that 25% of the funds goes to 

pay for child care. Many single parents need child care and this gives them an opportunity to 

contribute to society by working without all their money going to pay for child care. The Strong 

Kids program is an excellent program and he encouraged everyone to contribute. 

Vice President Mills asked if The Cleft was going to be housed in the basement of the YMCA to 

provide after school programs for junior high and high school students. Ms. Foxx said the


YMCA is offering space to The Cleft who is in the process of renovating the area to get the 

program ready to go. They are very excited about partnering with The Cleft to offer a drop in 

center for junior high and high school children as well as all YMCA youth. Vice President Mills 

noted Council often hears that there is nothing for the youth of our community to do, but this 

program is one program that is targeted toward junior high and high school students. The Cleft 

is a wonderful program and she wanted to let people know that the YMCA is moving forward 

with that program. 

President Felton thanked Ms. Foxx for attending the meeting and wished her good luck on her 

new job. 

PUBLIC HEARINGS: 

Rezoning of Lot 20, Gatch Subdivision, from R-1C One-Family Residential to B-3 Highway 

Oriented Business District, filed by Karen Shirk, 4 Paws for Ability. President Felton 

opened the public hearing and asked for the staff report. Mr. Percival said staff is requesting 

introduction of an ordinance to rezone Lot 20 of Gatch Subdivision that was submitted by Karen 

Shirk, Executive Director for 4 Paws for Ability. The mission of 4 Paws for Ability is to enrich 

the lives of people with disabilities by the training and placement of service dogs to provide them 

with companionship and to promote independent living. We are fortunate to have these folks in 

our community and the organization is growing by leaps and bounds. The property owner is 

planning a major building expansion to the rear utilizing four parcels; however, a canopy will 

encroach on a parcel with an address of 253 Dayton Avenue that is zoned R-1C One-Family 

Residential District. The purpose of the rezoning is to allow the construction of a canopy on this 

lot. At their meeting on January 21, 2010, the XPZC endorsed the rezoning to City Council for 

approval. He noted City Planner Nimfa Simpson was available to answer any specific questions 

on this item. Council is requested to introduce an ordinance following the public hearing to 

rezone Lot 20 of Gatch All Subdivision. 

President Felton entertained questions from Council for the City Planner. None were presented. 

Councilwoman Felton explained the procedures for audience comments, and invited those in 

favor of the rezoning to step forward to speak. 

Jack Darrah, 6600 Courtwood Drive, Tipp City, said he is a consultant representing 4 Paws for 

Ability. They have been very pleased with the cooperation they have received from the Planning 

and Zoning Department to prepare this particular proposal. Last month, 12 families from across 

the country participated in training and spent 10 days in Xenia occupying hotel rooms and 

consuming meals, which is another way 4 Paws for Ability contributes to the community through 

their programs. He noted recently three employees were in New Zealand to conduct a class and 

to place four service dogs with New Zealand families. 

President Felton invited those against the rezoning to step forward to speak. No one came 

forward to speak. She then invited those neither for nor against the rezoning to step forward to 

speak. No one came forward to speak. President Felton closed the public hearing at 7:18 p.m. 

and entertained comments from Council.


Councilman Miller introduced an ORDINANCE REZONING LOT 20 OF GATCH ALL 

SUBDIVISION THAT HAS GREENE COUNTY PARCEL IDENTIFICATION NUMBER 

M40000100200009700 FROM R-1C ONE-FAMILY RESIDENTIAL DISTRICT TO B-3 

HIGHWAY ORIENTED BUSINESS DISTRICT, and it was read for the first time. 

Small Cities Community Development Block Grant (CDBG) Programs for 2010. President 

Felton opened the public hearing and asked for the staff report. Mr. Percival said in compliance 

with Federal Citizen Participation Requirements, grantees, such as Xenia, must hold one (1) 

general public hearing to cover the Community Development Block Grant Program, and one (1) 

application-specific public hearing before submission to the State of Ohio, which is expected to 

take place later this spring. The primary focus of this first public hearing is to inform citizens 

about the City of Xenia’s FY 2010 Programs. Community Development Director Mary Crockett 

will briefly explain the CDBG programs. 

Ms. Crockett said she tried to explain the programs in the agenda item report. They will not be 

applying for all the grants this year because they have already been awarded some of these grants 

[from past years] and it is just not practical to apply for others this year. HUD and the Ohio 

Department of Development’s Office of Housing and Community Partnerships administer the 

Community Housing Improvement Program (CHIP). Upon the request of President Felton, she 

shared a handout entitled “Grants received/in process by the City of Xenia Community 

Development Department, February 2006 through February 2010.” The Community 

Development Department submitted 14 grants, but one was not approved because the State asked 

them to use their program income instead to fund the Wayfinding Signage Plan. The 

Community Development Department has been successful in obtaining most of the grants they 

have applied for. The total CDBG grants received through the Department, including dollars 

derived from program income, is $3,008,055. Information on the various Small Cities CDBG 

programs for 2010 and an application form were included in the agenda packet. 

Ms. Crockett said a special informational meeting for non-profit organizations interested in 

applying for the Small Cities CDBG) programs for 2010 is scheduled on Wednesday, April 7 th at 

10:30 a.m. at the Community Action Partnership Office at 1855 Upper Bellbrook Avenue. It 

will be a joint meeting with Greene County to describe the dollars available from the State, 

which is typically $115,000. Applications from non-profit organizations are due by April 29 th . 

President Felton thought having the list of grants would be helpful to Council. She told 

Ms. Crockett since she is not a developer, she was not interested in obtaining grants to build 

houses. 


Councilman Louderback asked if information would be posted on the City’s government 

channel. Ms. Crockett said yes, as well on the city’s website. Mayor Bayless thanked 

Ms. Crockett for supplying information on the grants tonight, which she found helpful. 

President Felton invited those in favor of the CDBG Programs to step forward to speak. No one 

came forward to speak. President Felton invited those against the CDBG Programs to step 

forward to speak. No one came forward to speak. She then invited those neither for nor against 

the CDBG Programs to step forward to speak. No one came forward to speak. President Felton


closed the public hearing at 7:25 p.m. and entertained comments from Council. She asked when 

the second public hearing would be held. Mr. Percival said the second public hearing is usually 

held during the first Council meeting in June. Ms. Crockett reiterated that the informational 

meeting for non-profit organizations is scheduled on Wednesday, April 7 th at 10:30 a.m. at the 

CAP Office, and applications from non-profit organizations are due by April 29 th . 




Traffic Commission: Councilman Smith said the February Traffic Commission meeting 

was cancelled. Councilman Caupp said a resident had a traffic concern, which was the only item 

for Traffic Commission’s agenda and it was handled administratively by the City Engineer. 

Mr. Percival noted at the last Council meeting, some comments were made about the Main and 

Detroit Street intersection. Following some comments last fall, 10 seconds were added to the left 

turn arrow, which created 10 less seconds for the traffic to go straight, which in turn created 

some of the problems. They will probably add 10 seconds to both signals to address the concern. 

Greene County Regional Planning Commission: Councilman Caupp said the meeting 

was cancelled due to lack of agenda items. 

Board of Zoning Appeals: Mayor Bayless said the meeting was cancelled due to lack of 

agenda items. 

ITEMS FROM CITY COUNCIL AND MAYOR: President Felton announced that the Xenia 

Planning and Zoning Commission has a vacancy due to the recent resignation of Richard 

Jackson. If anyone is interested in filling that vacancy, please send a letter to the City Clerk. 



City Manager’s Office: Mr. Percival announced that the City of Xenia is extremely 

pleased with the response to the City’s Facebook page that was launched last Friday. We already 

have 1,800 fans. Facebook provides for valuable feedback from the community and everyone is 

invited to become our fan. 

Xenia Economic Growth Corporation—Confirmation of XEGC Board of Trustees 

for 2010 and 2009 Annual Report. In compliance with the Code of Regulations and By-Laws 

of the XEGC, Mr. Percival respectfully requested that Council make two motions: 

Motion #1: To confirm the applicable Xenia Economic Growth Corporation officers and trustees for 

2010, private and other public sector organization representatives for 2010 and the at-large representatives 

for the applicable terms as proposed. 

Motion #2: To accept the Xenia Economic Growth Corporation Annual Report for 2009 as presented. 

Mr. Percival noted Steve Brodsky, XEGC Executive Director, was available to review the report 

with Council and to answer questions.


Motion by Councilman Miller, seconded by Councilman Louderback, to confirm the applicable 

Xenia Economic Growth Corporation officers and trustees for 2010, private and other public 

sector organization representatives for 2010, and the at-large representatives for the applicable 

terms as proposed. Discussion followed. 

Mr. Brodsky said 2009 was a difficult year, but despite having a severe recession and an 

extremely tight credit market, XEGC was still able to provide some very positive services for 

businesses. Some new businesses did move into the city, most notably, Cornerstone Industries, 

which is the manufacturing arm of the Cornerstone Research Group. They are still working with 

the business to bring their research laboratories into the city. In the meantime, their immediate 

need was to get some manufacturing space, which they were able to locate in the Xenia 

Industrial Park. XEGC was able to provide information about new programs. XEGC ensured 

that local businesses were aware of money that was being provided to various entities from the 

state and federal government. XEGC acted on the City of Xenia’s behalf to obtain a $275,000 

Clean Ohio Grant for the cleanup of the former Hooven and Allison site, which was a 

bureaucratic nightmare involving the State and U.S. Government. 

Mr. Brodsky said XEGC did a lot of marketing to get Xenia’s name out there. Thus far in 2010, 

they have been very busy. He is meeting a realtor and banker at a local building tomorrow to do 

a walk-through and if everything is successful, there will be a new business in Xenia by spring. 

XEGC continues to work toward providing value for our businesses in order to provide 

employment opportunities for our citizens to increase the tax base. 




Motion by Vice President Mills, seconded by Mayor Bayless, to accept the Xenia Economic 

Growth Corporation Annual Report for 2009 as presented. No discussion followed. The Roll on 




Authorization to Renew Health Insurance Program & Amend Benefits for City 

Employees. Mr. Percival said Assistant City Manager, Brent Merriman, and Human Resources 

Director, Jackie Potter, will present the next two agenda items. Mr. Merriman said Council is 

provided an annual update on the city’s health insurance rates. The HSA (Health Savings 

Account) plan was a new option offered by the City beginning on April 1, 2009. All full-time 

employees are eligible for health care coverage and a large number participate in the programs. 

Current Healthcare Overview - Monthly Premium Costs & Annual Contributions


A Health Savings Account is an account owned by the individual that is used to save money for 

current and future medical expenses. It must be used in 

conjunction with a “High Deductible Health Plan” (HDHP), 

which is insurance that does not cover first dollar medical 

expenses (except for preventive care) and why the City 

provides a contribution. The net result is a significant 

reduction in both the city’s and employee’s monthly 

premium costs. Current enrollments for the HSA option include 30 families and 11 singles. 

Mr. Merriman said they are making recommendations to Council to make some adjustments in 

the HMO program based on advice from the city’s current insurance provider and staff’s own 

research. The traditional PPO and HMO insurance structures are disappearing. The marketplace 

trend is to move toward the HSA program. We have all heard a lot of conversations from the 

federal government and naysayers about the country’s health care situation. After considering 

the direction things are going and the overall healthcare cost increases the city has experienced, 

staff is recommending the following changes to the healthcare benefit level decrements: 

Healthcare Benefits Adjustment Recommendations 

HMO Healthcare Coverage: Benefit Level Decrements 

Benefits Costs (from) Cost (to) 

Deductible $0 $250 – Single 

$500 – Family 

Inpatient Services $0 20% 

Outpatient Services $0 20% 

Mr. Merriman said in his family’s case, they did not utilize all their family’s or city’s HSA 

contributions last year. Contributions continue to grow tax free and are never taxed unless used 

for non-medical expenses, and the deductibles are significantly cheaper than a traditional HMO. 

Staff respectfully requests that Council institute the recommendations that will help balance out 

the overall costs of the HMO versus the HSA. In other words, it costs the city more to provide 

family or single HMO coverage to employees versus providing the HSA. 

Fiscal Impacts: 

‣ Partnering with Montgomery Insurance to negotiate a better than budgeted 

increase; and 

‣ Designing the HMO coverage to be more in line with HSA plan 

Overall Savings: $150,000 

Councilman Louderback said he was pleased that the City of Xenia uses a Xenia Company, 

Montgomery Insurance Agency, for both the HMO and HSA insurance plans for employees. 

Mr. Merriman said they worked very closely with Montgomery Insurance to make sure the city 

gets the best deal possible. Staff worked with Montgomery Insurance on aggressive negotiations 

with several potential health insurance providers, and after several rounds, they were able to 

reduce the rates substantially over what was initially presented from different providers. 

Councilman Smith asked if the monthly HMO premium of $391.22 for single coverage was the 

employee’s or city’s costs. Mr. Merriman said it is the overall premium cost. However, he


noted different employees pay different shares of the premium costs [based on their tenure]. 

Some employees pay 20% of the costs while others have 15% to 16% of the premium. Most 

employees pay 20% of that total monthly premium, which is detailed further in the agenda item 

report. President Felton did not think that information was included in the report. Mr. Merriman 

said staff could provide those details if Council approves the rates tonight. 

President Felton asked if the same healthcare premiums were offered to all city employees or if 

union employees received different coverage. Mr. Merriman said the vast majority of employees 

are covered; however, he thought AFSCME employees’ coverage was provided differently 

because of their contractual arrangement. Quite a few firefighters switched to the HSA program 

last year. President Felton asked if the $150,000 was for nine months of coverage. 

Mr. Merriman said staff is recommending Council approve the rates based on a nine-month 

renewal through December 31, 2010, to make the policy year effective January 1 of each year vs. 

April 1 of each year. The benefit year currently is defined as a calendar year. Changing our 

renewal date will make the policy year and benefit year consistent and will prevent confusion for 

employees on the date the deductible and out-of-pocket maximums reset. In addition, since HSA 

contributions are made pre-tax, it coincides with the calendar year set by the IRS for maximum 

contributions to the HSA accounts. Consequently, the city received a reduction on its HMO 

rates for that nine-month period because it was a shorter period. Staff will be back in the fall to 

present new rates for next fiscal year, which will take effect on January 1, 2011. 

President Felton noted the staff report indicates the HMO plan has a 2% rate reduction but the 

HSA benefit level has a 4.5% rate increase – so why should she pay more money? 

Mr. Merriman said a lot of factors go into those figures. Part of that is because the HMO rate is 

for a shorter period and the underwriters granted the city a better deal because of that. 

Mr. Percival noted they also added deductibles to the HMO that they never had before. 

Mr. Merriman agreed that was reason for the 2% rate reduction in the HMO rate. Before they 

looked at any changes to the benefit decrements, they were looking at a 22% increase on the 

premiums. Through negotiations and adding the changes to the benefit decrements, they were 

able to attain a positive return. Because the rates are only for nine months, and given that the 

industry average for yearly healthcare increases is from 12% to 15%, he anticipates there will be 

substantial increases in the city’s HMO rates next year. President Felton said she had a problem 

with making the changes now when non-union employees have not received raises since 2008 

and will not receive raises in 2010 either. Now they are asking employees to pay higher 

deductibles, which will take more money out of their pocketbooks. 

Mr. Merriman said although employees will pay higher deductibles, their HMO premiums were 

reduced by 2%. Further, the HSA plan will increase 4.5% over the 2009 rates with no change in 

the benefit level and maintaining the City’s contribution of $1,500 for a single plan and $3,500 

for a family plan to help employees defer the cost of the high deductible. President Felton said 

she understood that, but the HMO deductible for in-patient services will go from zero to 20%. 

On a personal level, she has had a lot of hospital expenses, and that is a lot of money. 

Mr. Merriman said there are maximum HMO out-of-pocket expenses of a single plan and a 

family plan. This is a fairly minor change. The HMO plan continues to cost the City more than 

the HSA, which is why they would like to move the entire city toward the HSA program. The 

HSA program provides significant cost savings over the duration of the program year, provides 

specific benefits to employees, and having personally experienced it himself, there is no change


in the coverage; it is just a different way of providing healthcare. He has several children and a 

wife who seem to be hospitalized frequently. He would not have taken the risk if he did not feel 

it was a good opportunity. Up to this point, the HSA plan has been beneficial for him and his 

family and has provided them opportunities they did not have before. 

Using President Felton as an example, Councilman Miller noted when she had healthcare 

through the city, her monthly premium would have been $391.22 for HMO coverage as opposed 

to paying $250 for single coverage with the HSA program. President Felton said when she had 

the city’s insurance, she paid almost $5,000 a year. Mr. Percival stated $391.22 is the total 

premium cost, of which employees pay 20%. President Felton said she dropped the city’s 

insurance coverage because it was cheaper for her to pay for Medicare coverage. Based on the 

recommended premiums, Mr. Bazelak said President Felton would pay $391.22 for nine months. 

Councilman Miller clarified any Council member who chose to have healthcare coverage with 

the city would pay the total premium because the city does not pay 80% of the premium like they 

do for city employees. Mr. Percival said that was correct, because they are not allowed to pay a 

portion of the premium. Councilman Miller agreed because it would be considered an extra 

benefit/salary. He noted the difference between employees having HMO coverage as opposed to 

an HSA is almost $150 for singles and almost $400 for families. Mr. Percival agreed. From a 

financial perspective, Mr. Merriman said that is why the HSA program is so beneficial because 

those premiums are so much lower. By federal law, contributions up to a certain amount can be 

made into that HSA account by the employer, employee, or both to help offset any out of pocket 

costs. There is a broad range of eligible medical expenses including dental work. 

Again using President Felton as an example, Councilman Miller noted the city would not make a 

contribution to her HSA account. Mr. Bazelak said President Felton could switch to an HSA 

plan, but she would not get the city’s contribution and would have to pay the higher deductible. 

Mr. Merriman said when compared to surrounding government agencies, Xenia continues to 

provide a rich insurance program particularly when compared to private employers. The city has 

seen significant cost increases over the past five to ten years, which are projected to increase in 

the future. 

Vice President Mills noted the plan becomes effective April 1, 2010. She asked when employees 

would be made aware of the open enrollment dates. Mr. Merriman said if Council approves the 

rates tonight, a memo will go out to employees tomorrow. In partnership with Montgomery 

Insurance, they would like to do a comprehensive education campaign with staff to give them an 

opportunity to discuss the changes on an individual basis. Over the long term, the leadership 

team would like to steer all employees to the HSA plan because of the savings to employees and 

the city. He further noted that HSAs are portable; if an employee leaves City employment, they 

can take the savings account with them. 

Councilman Smith asked if the city’s contribution to the HSA plan is refunded to the employee if 

they turn in medical receipts. Mr. Merriman said no. Last year the city made two equal 

installment payments into employees’ HSA accounts. This year they plan to make a larger 

contribution up front to assist employees as they transition from an HMO to an HSA plan. They 

work with Key Bank to make direct deposits into the accounts. Employees can also make 

additional deposits into their accounts but the annual contributions cannot exceed the IRS 

guidelines. The first deposit has been made for this year and the second deposit will be done soon.


Councilman Caupp felt the city’s benefit package is very rich compared to the private sector. In 

2011, the city will take some substantial hits with our union contracts and he does not see the 

budget being much better at that time. Deductibles of $250 (single plan) and $500 (family plan) 

are unheard of in the private sector these days. In the fall, he would like to see comparisons on 

what it would cost the city to increase the deductibles to $750 (single plan) and $1,500 (family 

plan) to be more in line with the private sector. At some point, municipal governments have to 

draw the line. They can’t run the city this way any longer, and they need to look at those costs. 

Mr. Merriman said they could certainly provide that comparison in the fall. 

Vice President Mills asked if monthly premiums for HSAs are deducted from an employee’s 

paychecks like they are for HMO’s. Mr. Merriman said yes. Premiums are deducted from 

employees’ paychecks twice a month, with the exception that two months during the year have 

three paydays. 


to accept the rate renewal for both the HMO and HSA health insurance coverage Anthem 

Insurance Company beginning April 1, 2010, through December 31, 2010, and to approve the 

benefit level changes for the HMO insurance coverage. No discussion followed. The Roll on 


Ayes: Mills, Louderback, Miller, Smith, and Bayless 


Nays: Felton motion carried. 

Authorization to Renew Dental Insurance Rates. Mr. Percival said Mr. Merriman was 

available to answer questions on staff’s recommendations to accept rates and renewing coverage 

with Superior Dental. 


to accept the rate renewals with Superior Dental for continuation of dental insurance coverage 

beginning April 1, 2010 through December 31, 2010. Discussion followed. Mr. Merriman said 

staff received proposed renewal rates from our insurance agent, Montgomery Insurance for 

dental insurance coverage through Superior Dental for the upcoming program year beginning 

April 1, 2010. Superior has quoted a renewal rate at 0% increase over 2009 rates. Actual 

premium costs are listed in the table below. Staff further recommends Council approve the 

renewal for a nine (9) month period from April 1, 2010 through December 31, 2010 so the 

renewal cycle coincides with the health insurance renewal. 


2010 Monthly Dental Premium Costs 

Option Monthly Premium 

Single $25.54 

EE+1 $51.09 

Family $95.85 





Ratification of Collective Bargaining Agreement with FOP – OLC (Communication 

Operators). Mr. Percival said the city and representatives from the FOP - OLC have been 

engaged in collective bargaining over the terms and conditions of the labor contract since April 

2009. This process resulted in a tentative agreement that was later rejected by the bargaining 

unit. Following the rejection of the tentative agreement by the union, a fact-finding hearing was 

held. As a result of the fact-finder’s position, the union voted to accept the report and the City 

took no action. The fact-finder’s report becomes binding by a vote to accept or by taking no 

action. He respectfully requested that Council approve the terms and conditions of the proposed 

collective bargaining contract and authorize him to execute the contract with FOP – OLC 

Communication Operators. 

Motion by Councilman Miller, seconded by Councilman Louderback, to approve the terms and 

conditions of the proposed collective bargaining contract and to authorize the City Manager to 

execute the contract with FOP – OLC Communication Operators. Brief comment followed. 

Mr. Merriman shared copies of an overview of the Communication Operators’ contract changes, 

which were previously discussed with Council. President Felton noted she likes to have time to 

read paperwork before she gets to a meeting. The Roll on this was the following: 



Items for the City Manager: Councilman Miller shared that Ohio Magazine, Over the 

Back Fence, Weekend Trip, and Back Yard Ohio magazines are specifically tailored toward 

marketing Ohio and day/weekend trips to small Ohio cities. He thought they could market Xenia 

and its bicycle trails in those magazines and would appreciate Mr. Percival taking a look at them. 

Mr. Percival said he would be happy to do that. 

Councilman Caupp asked when the damaged guardrail on U.S. 35 by Walmart would be 

repaired. Mr. Percival said the guardrail was repaired twice in 12 months; the last time it was 

repaired was last summer. Councilman Caupp said he noticed the damaged guardrail a few 

weeks ago. Mr. Percival said staff would check into it. 

Councilman Caupp noted AT&T U-verse is now in Xenia. On their packaging for local 

community access channels, he noticed they offer Centerville, Springboro, Miamisburg, Moraine, 

Kettering, and West Carrollton. He asked if Xenia’s IT Department could contact AT&T to find 

out what we need to do to get Xenia’s government channel offered in that package. Mr. Bazelak 

thought Mr. Cardenas already had conversations with AT&T on that issue. 

Councilman Smith asked if the city has enough road salt. Mr. Percival said they still have more 

than 600 tons of salt in the bin and $35,000 to $40,000 left in the budget to purchase more salt if 

needed. They are in great shape right now. Councilman Smith said a few citizens commented 

about the good job city crews did on clearing the streets of snow during the recent storm. 

President Felton agreed city crews did a good job. A few citizens complain about snow plows 

leaving snow at the end of their driveways, but crews have many miles of streets to plow. One 

thing that disappointed her was the lack of care by citizens to get their cars off the street so crews 

could plow. The city should not have to declare a snow emergency before citizens remove their 

cars from the streets. Mr. Percival said although the Public Service Department asks that citizens


keep their vehicles off the street until plowing is complete, municipal parking lots are cleared for 

off-street parking for citizens at no cost. 

Councilman Miller said several citizens shared that they were pleased with the job city crews did 

on removing snow from the city’s streets. One gentleman told him that the city’s streets were 

less hazardous than other major roads he traveled on to get to Xenia. He would like the city 

crews to know what a great job they did. 

Councilman Caupp did not think it appeared less grit was used. Mr. Percival said they were 

mixing one part salt to one part grit, but they are now mixing two parts salt to one part grit. 

Councilman Caupp thought the plats were like driving on a gravel road, and grit is hard on cars. 



Motion by Councilman Louderback, seconded by Vice President Mills, to approve payment of 

bills totaling $231,087.16. No discussion followed. The Roll on this was the following: 



Items for the Finance Director: Mr. Bazelak acknowledged Michelle Johnson, Jason 

Tincu, and Edgar Cardenas for the fantastic job they did on creating the city’s Facebook page. 

They did a great job in a short period and continue to monitor it so they can respond back to 

citizens as part of the community outreach effort the city is undertaking. Mr. Percival thought 

the Facebook page was amazing and was shocked by the number of people who have visited it. 

Although he is not a social media mogul yet, people have made comments on his behalf. 


Introduction of Ordinances and Resolutions: None. 

Second Readings of Ordinances and Resolutions: Mr. Lewis presented 

RESOLUTION REQUESTING AND AUTHORIZING THE GREENE COUNTY BOARD OF 

ELECTIONS TO PLACE UPON THE CITY OF XENIA BALLOT AT THE PRIMARY 

ELECTION ON MAY 4, 2010, THE QUESTION OF WHETHER ORDINANCE 10-02 

INCREASING THE CITY OF XENIA INCOME TAX RATE TO TWO AND ONE-QUARTER 

PERCENT (2.25%) SHALL BE APPROVED IN ACCORDANCE WITH SECTION 718.01 

OF THE OHIO REVISED CODE, and it was read for a second time. 

Motion by Councilman Caupp, seconded by Councilman Louderback, that Resolution Number 

10-E be now passed. No discussion followed. The Roll on this was the following: 



Mr. Lewis presented ORDINANCE AUTHORIZING THE CITY MANAGER TO SIGN A 

LEASE FOR 3.84 TILLABLE ACRES OF LAND ON LOWER BELLBROOK, and it was read 

for a second time.







READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller shared that 

he and his wife took a short respite last Thursday to Lake Hope State Park in the Hocking Hills 

area. It started snowing Friday evening and by Saturday they had 6” of snow. Every road in the 

park was plowed by the park rangers, and he took the most beautiful pictures he has ever taken. 

He attended Ohio University and spent a lot of time at Lake Hope during that time and last 

weekend it was absolutely beautiful. There is no reason to leave the State of Ohio to find good 

vacation spots, because we have the most beautiful state parks anyone can imagine. He and his 

family have visited numerous state parks because they offer some wonderful outdoor activities 

compared to other vacation spots. He noted that during this meeting, he got on the city’s website 

and clicked on the direct link to the Facebook page. He then read several positive comments that 

former Xenia residents made. 

Councilman Smith congratulated the city on its Facebook page. He wished everyone a “Happy 

Valentine’s Day” this weekend and a good President’s Day. On February 3 rd , he and Mayor 

Bayless attended a Miami Valley Communications Council Seminar in Centerville on the 

protocol for newly elected officials and what they should expect during their tenure in office. 

There were people there from Springfield, Waynesville, Germantown, and Springboro. He 

thanked Councilman Louderback for arranging a meeting last Thursday with Assistant Secretary 

of State Mike Rankin. On February 8 th , he attended a community dinner at Emmanuel Baptist 

Church sponsored by several area churches in Xenia that provided entertainment and a meal. 

The monthly dinner is provided free of charge to the public once a month. He thanked the city’s 

street crews for their efforts over the last few weeks. 

Mayor Bayless thanked her pastor, Dr. John Freeman, for leading Council in prayer tonight. She 

commended city crews on the fine job they did on the roads. She received many favorable 

comments from citizens who live on the east side of Xenia. 

Vice President Mills said she hopes the city’s road crews get some rest because she heard there 

was more snow coming Sunday and Monday. She reminded everyone to remove snow from fire 

hydrants. Hydrants can be easily buried by plow trucks and nobody wants to watch our Fire 

Division personnel shovel snow to find a hydrant when there is a real fire emergency. She 

wished everyone a “Happy Valentine’s Day” and for those who get the day off on President’s 

Day, she hopes they enjoy the day. 

Councilman Caupp had nothing further to share. 

Councilman Louderback noted Councilman Smith, Mayor Bayless, Mr. Percival, Mr. Brodsky, 

and he met with Assistant Secretary of State Mike Rankin. It was supposed to be a 15-minute 

meeting but it lasted 90 minutes. He thought they got a lot accomplished, and it was a very 

informative meeting.


President Felton said it has been a good week and they got a lot done. Staff works hard, and she 

appreciates it. You can’t find a better place to live than Xenia. It is a safe and inexpensive place 

to live compared to other areas. Xenia is growing and she is satisfied that it is growing at a 

turtle’s pace. There are many good things in Xenia. She wished everyone a “Happy Valentine’s 

Day.” 



following: 










5:30 p.m. 

The Xenia City Council met in a Special Session on February 25, 2010, at 5:35 p.m., in the City 



Continuation of 2010 Budget Review. Mr. Percival said they are going to make the change to 

$50,000 on the life insurance to get everybody on equal footing. He will have Ms. Mann send 

everyone an e-mail tomorrow in case any Council members are interested. Ms. Mann can 

explain what they need to do to get the life insurance. 

Mr. Bazelak noted at the first budget session they shared the 2010 Financial Management 

Policies and Goals. At that time, Council had some trepidation about passing it because some 

were goals and some were financial policies. He went back through the document and identified 

which were financial policies and which were goals. He shared a copy of the revised 2010 

Financial Management Policies and Goals in case they would like to vote on that particular piece 

of it when they review the budget Appropriation Ordinance. President Felton said she would 

need to study the changes. Mr. Percival said that is why the document was distributed tonight 

since it will be at least two weeks before Council holds the Public Hearing on the budget. 

President Felton asked it to be placed on the Special Session agenda for the next meeting so 

Council’s questions can be answered before that time. Mr. Percival agreed to do that. 

Mr. Percival then invited Mr. Merriman to address Council 

Street Repair (221-1441). Mr. Merriman said expenditures in the funds have been double 

checked and they are realizing a reduction. It is important to remind Council that for this fiscal 

year, the department is funding three (3) full-time maintenance workers as street maintenance 

workers. Until this year, they had five (5) workers, but after discussions with Council, they 

made the decision to move two (2) full-time employees under the stormwater fund, and rates 

were adjusted to cover those personnel costs. From a service delivery perspective, it is important 

for everyone to realize there are three (3) full-time employees taking care of the entire traffic 

safety system, street painting, crack sealing, potholes, clearing rights-of-way, etc. All of those 

factors are covered under the maintenance operations of a very limited staffing pool. When they 

discussed the issue last year, it was obviously done out of necessity, but this is not a long-term 

solution and will eventually have to be addressed again. He then entertained questions. 

Street Repair, Dept. 1441 


53211 On line services @ $7,180 

53221 Snow removal @ $0.00 

53283 Contractual services - EDP @ $7,005 (chargeback) 

53290 Contract services – other @ $4,000 (other contractual services) 

52311 – President Felton asked why there was an increase in on-line services. Mr. Merriman 

said the amount budgeted for overhead operating costs was decided by the IT Department. 

Mr. Percival said he would ask about the amount budgeted for on-line services. Mr. Bazelak


noted even in the IT budget only $5,000 was budgeted in line item 101-1010-53211 [on-line 

services – Internet connection from Donet]. Mr. Merriman said there were quite a few 

departments that had increases in on-line services. 

53221 – President Felton asked why there was no money budgeted for snow removal or if snow 

removal costs were shown in another line item. Mr. Percival responded that line item 221-1441- 

53221 was to pay for services if they have to hire a company such as Phillips Sand and Gravel. 

53283 and 53290 – President Felton asked about object codes 53283 and 53290 contractual 

services. Mr. Percival said object code 53283 is for EDP and object code 53290 is contract 

services. President Felton thought that would be for snow removal. Mr. Percival said no. If 

they actually have to call somebody to help with snow removal, it would be for an event that is 

declared a snow emergency, and they will be able to get the money reimbursed. This is just a 

placeholder to place money into the account if needed in the event of an emergency. 

Councilman Smith asked if there was still enough road salt. Mr. Percival said the amount of salt 

remaining will be adequate unless there are three or more major storms, but he did not see that 

happening. 

Councilman Louderback asked about overtime. Mr. Percival said overtime hours have 

increased. They are up about $7,000 in overtime from where they were last year which is simply 

due to the volume of snow and number of times road crews have been called out. Councilman 

Louderback thought that was to be expected. Mr. Percival thought last year they were at $10,000 

in overtime, but as of last Friday, they are at $17,000. Mr. Merriman noted gas and diesel fuel 

expenses have also increased quite a bit. 

As he noted previously, Councilman Miller said he has heard no complaints about snow removal 

this year. Mr. Percival said he also had heard very few complaints this year about snow removal 

even with the major changes they made. As often as they can, they let the road crews know they 

are going a good job. Mr. Merriman agreed the road crews do a phenomenal job under difficult 

circumstances. Any praise they get is certainly appreciated. Mr. Percival said he was only 

aware of one minor accident involving a city snow plow, which is not too bad considering the 

number of hours the personnel and equipment is on the street. 



53772 Vehicle Repair – Municipal Garage @ $130,000 [garage charges] 

53772 – Councilman Caupp asked if the line item was for vehicle replacements. Mr. Percival 

said no; it is for garage charges such as gas, oil, and maintenance. Councilman Louderback 

asked how many mechanics were employed at the garage. Mr. Percival said the garage has two 

mechanics (Paul Gultice and Keith Bowman). 

Streetscape Maintenance (221-1443) 

Streetscape Maintenance, Dept. 1443 


54248 Lawn Fertilizer, Grass, Weed Killer @ $800


Vice President Mills asked if lawn fertilizer, grass seed, and weed killers was for the parks. 

Mr. Percival said no. It is for the green space, rights-of-way, etc., but it is not used at the parks. 

Mr. Merriman said line item 101-1442-54248 [Park Maint.] reflects those supplies for parks. 



54240 Safety Materials & Supplies @ $1,500 [safety gloves, vests, hardhats, etc.] 

Mayor Bayless asked why there was an increase in line item 221-1441-54240. Mr. Merriman 

said every few years there will be an increase in the line item as they replace a lot of the traffic 

cones, barricades, etc. 

Mr. Merriman said this week he met with a group, including Mr. Tincu, Mr. Quinlan, and others. 

They are reinstituting their Public Service Safety Committee, which has been an area where they 

have been lax the last few years. They will reinvigorate their safety training programs to make 

sure they are in compliance with all the necessary training for safety purposes and provide the 

proper personal protective gear. It will be good to re-energize employees and get them involved 

because something like that only works if employees are actively engaged. 

Street Repair, Dept.1441 


54236 Traffic Signs & Traffic Bulbs @ $20,000 [traffic signs and supplies] 

Signal Light Operations, Dept. 1444 


54236 Traffic Signs & Traffic Bulbs @ $5,000 [traffic signal bulbs] 

President Felton thought there was a lot of money allocated in the above two line items. 

Mr. Percival said line item 221-1441-54236 is all of the normal traffic signs for signs (street 

signs, crosswalk signs, etc.). Line item 221-1444-54236 is for the actual traffic signals. They 

are two different things. Councilman Caupp noted both line items say Traffic Signs & Traffic 

Bulbs. President Felton another $500 is budgeted for signal parts in line item 221-1444-54271. 



54271 Traffic Signal Parts @ $500 [signal parts] 

Mr. Merriman said because there are different components to traffic signalization, they are listed 

in two different line items. He left line item 221-1444-54236 [traffic signal bulbs] a little higher 

but he did not think they would spend that much. With the new traffic signalization they just did, 

the bulbs should last a lot longer. Some lights still have the old lamps, but is hard for them to 

know what to expect in terms of replacements until they get into it over the next few years. 



53722 Traffic Sign System @ $11,000 [traffic signal repairs ] 

Mr. Percival noted the above line item is to pay contractors for making repairs. Object code 

54236 is for all the parts they use internally when staff repairs things.


President Felton said they need to do something about the traffic signal timing at the intersection 

of King Street and E. Main Street. She sat through the signal twice before she could make a 

right turn to go east on Main Street because traffic was backed up at the E. Main and Detroit 

Street intersection. The signal at King Street changes way before the signal at the E. Main and 

Detroit Street intersection changes. Mr. Merriman thought they should look at the timing of both 

signals. President Felton said if the signal at King Street changes, the signal at E. Main and 

Detroit Street should also change to get traffic off E. Main Street. Councilman Miller also 

thought there was something wrong with the King Street traffic signal timing. One morning he 

was on King Street heading toward Xenia Towne Square. Although the pedestrian signal 

blinked indicating it was ready to change to green, it just stopped, went to the red hand again, 

and the traffic light stayed green going east and west. Mr. Percival thought it sounded like the 

signal did not recognize he was sitting on a loop, which is a loop detector problem. 

State Route Repair (222-1441). Mr. Percival said money in this fund is used on all of the state 

routes (68, 42, 380, and 35). 

Street Repair Division (222-1441) 


54246 Salt @ $65,000 (salt, calcium chloride, etc.) 

Councilman Caupp asked why salt was shown on two different line items. Mr. Percival said the 

salt they use on state routes comes out of the State Route Repair Fund 222—that is just the way 

the state law works. They get some funding that goes into Fund 222 and that is how it is used. 

President Felton asked if there was money in the budget for the paving program. Mr. Percival 

said there is $150,000 in Fund 228 for paving. 

Mr. Merriman said effective this year the federal government has instituted new regulations for 

traffic and street signs. There is a new reflectivity requirement of the signs; a certain material 

that has to go over top of the signs. In order for the city to be eligible for federal grants in the 

future, we will have to use this new version as we implement a replacement system for our street 

and traffic signs. There are staggered dates for implementation. President Felton said they just 

replaced all those traffic signs five years ago! Mr. Merriman said the new requirements will 

affect the city’s ability to obtain federal transportation dollars. President Felton asked where 

federal money would be used in the city. Mr. Percival said federal dollars are paying for 

improvements on Columbus Street. Mr. Merriman said any money our Department of 

Transportation utilizes will be subject to the new requirement as well. The safety study at 

Progress Drive would be funded by federal dollars. Councilman Miller said that is ridiculous! 

Mr. Merriman said there could not be a worse time than now for the new requirement to be 

effective. They can stagger the replacements over a 3- to 5-year period. It starts with all the 

significant traffic signs and moves on from there. President Felton suggested Mr. Merriman call 

Senator Steve Austria to see if he can stop or delay it. Mr. Merriman said he would do that. 

Vice President Mills asked if the new requirements meant the city has to install all new signs or 

if the current signs can be re-tinted. Mr. Percival said they have to retrofit the current signs. 

Mr. Merriman said they will do whatever costs the least money. Mr. Percival said he knew what 

Mr. Merriman was referring to. In the last few days, he has seen signs that are more highly 

reflective. Councilman Caupp said it does not matter since they are switching over to the new


wayfinding signs anyway. Mr. Percival said when they do change the downtown signage, it 

would make sense to use the new technology on the new signs so they don’t have to come back 

and retrofit them. President Felton asked if Mr. Merriman noticed the new technology on 

signage when he went to Richmond, Indiana. Mr. Merriman said he did not go to Richmond; he 

just saw pictures from the visit. When they met with the wayfinding consultants, he pointed out 

that the signs would have to comply with the new technology and they do. 

Mr. Percival said Mr. Bazelak pointed out that the $150,000 was in the final Fund 228 budget but 

it is not shown on the budget sheets Council is using [line item 228-5102-55508 – Street 

Improvements shows zero budgeted]. The $150,000 should be shown in that line item for street 

improvements. After using the fiber mat and micro program for the last two years, it has worked 

and is holding up very well and residents who have driven on those streets have been very 

pleased. Mayor Bayless asked Mr. Percival which streets were resurfaced with the new 

materials. Mr. Percival said the new materials were used on June Drive, Rockwell Drive, Massie 

Drive, Drake Drive, and Wimbledon Drive. The new process extends the maintenance dollars 

and is cheaper than doing mill and fill with a 1-1/2” overlay. 

Councilman Smith asked when the 2009 actual dollars would be done. Mr. Duke said there are 

updated budget worksheets now, but they were not ready when the worksheets were prepared for 

Council in November. President Felton asked when Council would be able to access the 

financial reports to look at the 2009 actual dollars. Mr. Duke said they could post the 2009 

figures on the Intranet now. Mr. Percival did not think President Felton used her computer. 

President Felton said she would use her Blackberry. Mr. Percival did not feel she would be able 

to see the budget figures using her Blackberry; she would have to use her computer. 

Mr. Bazelak reminded Council they set up a separate website; however, he did not know if they 

were still uploading and linking that information. Mr. Duke asked if the site was separate from 

the Intranet. Mr. Bazelak said it is a separate website. President Felton said she wants to be able 

to see the 2009 trial balances. Mr. Duke said changes were being made monthly but he was not 

sure they were doing that anymore. Mr. Bazelak did not think they were still doing that monthly 

because he did not know if there was any interest in it. President Felton said she did not want 

paperwork. She wants to be able to get on the computer and look at the financial reports. 

Mr. Bazelak said if they are still posting the 2009 financials, she could do that, but they will 

double check. President Felton said she wants access to a daily report. 

Councilman Miller said if President Felton is on the Intranet, she should be able to see the 

financial reports. President Felton said you cannot get to the financials using the Intranet. 

Mr. Bazelak said there is a separate website address that would need to be typed in to access 

those reports and President Felton can then download the report. President Felton said those 

financial reports are not updated daily. Mr. Bazelak said the reports are current to whenever the 

last updates are input, but he did not think that was done daily. Mr. Duke said changes are made 

at the end of every month. President Felton said staff posts changes more than once a month 

because they have transfers and other changes to make. Mr. Bazelak said the Schedule of Bills is 

reflected every two weeks. Mr. Duke said they post details of the encumbrances every few days. 

They could probably give President Felton access to that, which he thought should show most of 

what she is looking for. Mr. Duke said currently only Finance Department employees have 

access to live data. President Felton said she only wants to review the data not change it.


Water Plant Operations (611-1337). Mr. Percival said 611-1337 is the maintenance part of the 

Water Fund. Mr. Merriman said that also includes Personnel Services (611-1334). Mr. Percival 

said 611-1334 is administrative costs, which are basically the indirect salaries. At the last 

meeting, which he and Mr. Bazelak also discussed, Council said they wanted to see the total 

costs for each employee rather than seeing how much is coming out of the General Fund that is 

spread out across all the departments. He thought there was a way to do that where they still 

split the salaries but then they can show in a separate column what the total cost is for each 

employee. They looked at the system Fairborn uses, but their system made no sense to him. 

Fairborn shows the whole cost and then they do a transfer once a month. Mr. Bazelak said 

Fairborn charges back their Water/Sewer/Sanitation Funds and puts it in as revenue in the 

General Fund but show the full cost of the General Fund Departments. For example, rather than 

automatically allocating his salary to the Water/Sewer/General Funds, they would put his entire 

salary in the Finance Department Fund, but then they charge back the Water/Sewer/Sanitation 

Funds. 

Water Plant Operations, Dept. 1337 


53607 Intergovernmental Services @ $15,000 [decrease of 44.38%] 

President Felton noted $578.25 was budgeted in line item 611-1337-53607 in 2007; $24,928.73 

was budgeted in 2008; and $26,970 was budgeted in 2009. Mr. Percival said those are the PTI 

(permit to install) fees they have to pay to the EPA. The number of PTI fees will decrease in 

2010. Last year they had to pay additional fees to the EPA. For example, the Water Department 

had to pay additional PTI fees. The only big PTI fee they will have to pay in 2010 is for the 20” 

redundant water main in July. 



53803 Natural gas and propane @ $10,000 

President Felton noted there was an increase in line item 611-1337-53803. Mr. Merriman noted 

many line items for natural gas and propane are showing an increase in 2010, which he could not 

explain because the per unit for propane has decreased. 



53703 Typewriters & Off/Video Equipment @ $0 

Mayor Bayless asked why typewriters are listed. Mr. Percival said the city owns 3 typewriters 

because there are still forms that require a typewriter to complete such as regulatory, EPA, and 

tax forms (forms that are duplicates and triplicates). 



54258 Plumbing supplies @ $5,000 

Vice President Mills asked why there was an increase in plumbing supplies. Mr. Merriman said 

some line items will show an increase as they restock inventory. He offered to check with 

Ms. Dawn as to why there was an increase.


President Felton asked if they were buying new radios. Mr. Merriman said yes. As with the 

Police Division last year, it is time to replace Public Service radios. Mr. Percival said the Public 

Service Department has not replaced radios for many years. Councilman Caupp asked if they 

still use radios. Mr. Merriman said yes. President Felton thought employees were using 

Blackberries. Mr. Merriman said the only employees with Blackberries are supervisors or the 

foreman. President Felton asked if employees still use pagers. Mr. Merriman said they use three 

different pagers. Pagers are used to contact whoever is on call for the Water, Sewer, or Street 

Department, but the pager rotates among the employees. He noted he would like to discontinue 

that system because the pagers are not worth the value. Mr. Merriman said the problem with 

using a pager is he cannot tell if the on-call employee received the page if they don’t respond. 

There have been instances in the past when employees did not receive the page. If the on-call 

employee does not get the page, then they start going down the list and calling employees. 

Sewer Maintenance (612-1332). Mr. Merriman said the budget for 2010 is down slightly. 

Sewer Maintenance, Dept. 1332 


53190 Professional Services - Other @ $1,000 

Vice President Mills asked why the amount was increased from $100 in 2009 to $1,000 in 2010. 

Mr. Merriman said he would check into it. 

President Felton asked what would happen if Council told Mr. Merriman he had to cut his entire 

budget by a minimum of 10% for salaries, all projects, etc. Mr. Merriman said the toughest thing 

would be to cut salaries due to the contractual agreements. He would look at amending our 

overtime policy and cutting back on response times. Some response times are critical, such as 

when a water line breaks. President Felton said Water and Sewer Funds are restricted funds. 

Mr. Percival said if Council wanted to reduce the General Fund by 10%, they would have to 

figure out how many employees would have to be laid off. President Felton said she was asking 

what else could be cut besides laying off employees. Mr. Percival said nothing. Mr. Merriman 

said they have cut the budget to the bone. The biggest area of expenditures left is personnel. 

Councilman Caupp said he could understand what President Felton was saying, but a 10% 

reduction is huge. He wondered if 3% could be cut off the top. President Felton asked how 

much had already been cut from the budget. Mr. Merriman said if you look at contractual 

services and material and supply line items, the vast majority of those have been reduced. 

Personnel costs and insurance costs show increases. Councilman Caupp noted when Council 

discussed personnel costs, he and Councilman Louderback were hot and heavy on overtime for 

the Police and Fire Division. He has had people call his house complaining about the overtime 

and the city being overstaffed. Per the Fire Division’s contract, he understood employees are 

allowed to get 24 or 28 hours overtime every other pay period. How do we eliminate that 

overtime? If it is contractual, we need to change the contract. Mr. Percival said they could hire 

more firefighters or they can go to 8-hour shifts. However, if they go to 8-hour shifts in the Fire 

Division, they would have to add 1/3 more employees in order provide 24/7 coverage. 

Mr. Merriman said if they reduce the service, the EMS response time will rise dramatically. If 

they get under that 10-man minimum policy and reduce that to 8 or 6 employees, there are not 

enough bodies to man all the equipment. If two medics are sent out on a run, that’s half the guys


available. Councilman Caupp said what got him thinking about reducing staffing levels was 

when he received a call from a resident. Supposedly, the resident did research comparing the 

number of personnel on the Fire and Police Divisions in cities similar in size to Xenia. He did 

not know if the research was factual, but the resident stated cities of similar size employ fewer 

safety personnel. Councilman Louderback said he received the same call, but he did not think 

the information was factual. 

Mr. Merriman said before Councilman Caupp was elected to Council, staff produced a report 

that looked at the management and service levels in the city’s Public Safety Divisions. In the 

State of Ohio for similar sized cities to Xenia, the average officer to resident ratio is about 1.9 or 

2 employees for every 1,000 people, and Xenia is below that level now. You cannot just look at 

the population because there are a lot of different factors to consider in communities, particularly 

on the fire side. Certain types of equipment and training are required for high rise buildings, or if 

the city has a hazardous materials plant. There are many factors to consider when making 

comparisons. Councilman Caupp said he did not have the answers to the resident’s questions. 

Mr. Percival encouraged Councilman Caupp to have the resident call him. 

Mr. Bazelak said he heard similar comments at a Business Advisory meeting the other day, 

which was somewhat disappointing. He explained to everybody that this is a revenue issue and 

he directs them to the local government costs shown on the city’s website. Depending on the 

home value used of $100,000 or $120,000 when comparing the city’s local government costs, 

which includes the schools, Xenia is 22 nd or 21 st lowest in terms of cost compared to the 24 

jurisdictions. Based on those statistics, he did not see how our public safety costs could be out of 

line. Councilman Caupp said that was a good point. Honestly, he probably should have known 

the answer, but he did not have an answer for the resident that called him. Mr. Merriman said he 

could provide a copy of the study he mentioned previously. Councilman Caupp said he has not 

seen a lot of staff falling over one another. Mr. Percival said the city has eliminated 10% of its 

work force since 2003. 

Vice President Mills said she knows a certain number of firefighters are needed in order to 

respond in a certain time, which results in lower insurance rates for all citizens. Mr. Percival 

said she was referring to ISO rates. Vice President Mills said there are certain standards but she 

would not remember them. Mr. Percival thought she was referring to NFPA 1710 standards but 

they will never get to the NFPA 1710 standards. Vice President Mills said that was not what she 

was talking about. She read the information provided to all members of Council. She was 

saying they will actually burden homeowners because their insurance rates will increase. 

President Felton said that was not true; the ISO rating only affects commercial rates. 

Mr. Percival said the ISO rating is now used more for residential rates than it was used 15 years 

ago. President Felton did not think ISO ratings were used as much for residential as they are 

used for commercial. Mr. Percival agreed. Mr. Merriman agreed there is a tangible cost if the 

ISO rating is amended and that rating is based on the number of safety personnel and their 

response times. 

President Felton said the reason she asked the question was so they can answer the question 

about reductions that have been made. Mr. Bazelak said they need to get out information that 

bullets the answers so they are all on the same page. Those questions will come up and Council 

and staff need to know the answers. Mr. Merriman said if they have to make significant 

reductions, the only place to make them is by reducing personnel.


Mr. Percival said if he were told today that he had to reduce the budget by 10%, it would have to 

come from personnel reductions because there is nowhere else to cut. In 2009, they spent less 

actual cash than they spent in 2008. President Felton said unemployed people don’t care how 

many employees have to be reduced. There is a fine line they have to walk to keep our services 

at a minimum level, which is what we have because of all the layoffs since 2003. Mr. Merriman 

said his criticism and frustration is that people need to understand that staffing levels are 

equivalent to services. When employees are cut, residents have to expect that the pot hole the 

snow plow just dug up may take three weeks to repair. People can say they can’t afford to pay 

more taxes, but they also can’t expect the same level of service. In his opinion, that is where 

they are really struggling to connect with people. 

Mr. Bazelak said they are working from two different budgetary documents. One is the 10-year 

projection analysis that they used last year to show the $1.4 million deficit. At that time the 

budget was actually $1.8 million but his projection showed a $1.4 million deficit. As they work 

through 2010 with all the adjustments they have made, the projection analysis he has shows a 

positive cash flow; however, our budgeted balance is showing a current deficit of approximately 

$400,000. Keep in mind that they don’t normally spend what is budgeted, which they have 

discussed on many occasions. Because the budgeted dollars are entered based on a line item and 

he is projecting out based on an overall basis what they spend, his analysis shows a positive cash 

flow, whereas the budget actually shows a little bit negative. As stated in his e-mail, he held 

back some of the dollars on transfers last year. They could have transferred more than they did, 

but he held some of those dollars back knowing that it would very difficult to balance the budget 

in the way they normally look at a balanced budget and not his projection analysis. Council 

needs to be aware of that, which is challenging as they respond to questions asked on Facebook 

or e-mail. Mr. Percival said if people call Council with specific questions, encourage them to 

call him. Councilman Louderback said he tried to do that but the resident still talked to him for 

two hours. Mr. Percival noted they will all get questions. 

President Felton said she told a lady that called her it was fine if she did not want to support 

passage of the levy. However, her leaves will not be picked up, Police and Fire personnel will be 

reduced, and EMS/firefighter or police officer response time will be affected because there is no 

money. Mr. Percival said those are the struggles they all face and we will all face in the very 

near future. It is important that they work as a team because they will all get those questions and 

responses. Some people will be more logical than others, and some people will be way out there. 

President Felton asked what the city’s bond rating was. Mr. Percival said the city has an A-3 

bond rating. President Felton asked if A-3 was the highest bond rating. Mr. Merriman said 

AAA is the highest. Mr. Duke said AAA ratings are different than A-3 ratings. Mr. Bazelak 

said generally there are A-1, A-2, and A-3 ratings. Mr. Percival said the City of Xenia is not big 

enough to receive higher than an A-3 bond rating. Mr. Bazelak said at a recent presentation they 

were told if they wanted to go to New York, the city could look at possibly getting an A-2 rating, 

but given the finances over the last few years, that would be difficult. 

Mr. Percival said the city is still in the black and they have been struggling to keep it there, but 

that will not continue forever unless the revenue situation changes. He learned at the City 

Manager’s conference this week that the City of Xenia is in no different situation than 90% of 

other communities, even cities you would think would not have a problem, like Centerville or 

Oakwood. Mayor Bayless wondered if the City of Beavercreek was the only city doing well.


Mr. Percival said Beavercreek did not take as big a hit as other cities because most of their 

budget is based on property tax. However, as foreclosures increase, they are seeing some 

definite challenges to their property tax revenues. If the commercial property tax foreclosures hit 

as predicted between April and September, he feels one of the three malls in the Dayton area will 

go under (Dayton Mall, The Greene, or Fairfield Commons). Councilman Caupp asked why that 

would be the case. Mr. Percival said the malls are facing refinancing now and banks are not 

lending money to refinance those big commercial properties. 

Sanitation (613). Mr. Percival said the biggest cost line item in Sanitation is garbage collection 

and disposal with Rumpke. He asked Mr. Merriman if he would like to discuss street sweeping. 

Street Sweeping (613-1333). Mr. Merriman noted there was a 13.22% increase in the street 

sweeping budget. 

Councilman Louderback asked what percent of people recycle in the City of Xenia. 

Mr. Merriman said he could find out how many accounts are set up for recycling. President 

Felton said all customers have access to recycling bins. Councilman Caupp asked if there was a 

charge for recycling. Mr. Percival said no. Councilman Louderback said a citizen gave him an 

article from the Dayton Daily News which states 27% of people recycle in Dayton and Dayton 

pays $38.25 per ton for trash and $14.00 per ton to recycle. Mr. Merriman said in big cities like 

Columbus you have to pay for the recycling service. Mr. Percival said when he looked quite 

some time ago, Xenia was in the 45% to 50% range of people who actually use their recycling 

bins. Recycling keeps the city’s costs down because whatever goes in the recycling bin does not 

go into the landfill. The city does not have to pay that per ton cost on whatever gets taken out of 

the waste stream ahead of time, which is where recycling actually pays for itself. 

President Felton entertained further questions. 

Mr. Percival said they will prepare the final ordinance for everyone to review for the next 

Council meeting. President Felton asked if Council would review the ordinance at the work 

session first before they conduct the public hearing. Mr. Percival said yes. 

Mr. Percival said Ms. Simpson asked him about amendments to Chapter 1294 – Supplementary 

Regulations, and Council wanted to discuss residential fire sprinklers. They can cover the 

financial policies/goals and fire sprinklers at the next meeting. He recommended scheduling a 

two-hour work session prior to the March 25 th Council meeting to discuss the Chapter 1294 

amendments that went through the XPZC. Mr. Merriman said a few actions are needed on Tier 

II at the next Council meeting. He asked Mr. Percival if he wanted to have a Wayfinding 

Signage Plan presentation at the March 11 th Council meeting. Mr. Percival said yes. 

Mr. Merriman said they would provide a report to Council on all the Downtown Revitalization 

activities. 









7:00 p.m. 

The Xenia City Council met in a Regular Session on February 25, 2010, at 7:00 p.m., in the City 



INVOCATION: Dr. Jim Usher, The Open Door Community Christian Prayer Place, gave the 

invocation after which all joined in the Pledge of Allegiance. 


Louderback, to approve the January 30, 2010, Special Session minutes as written. No discussion 

followed. The Roll on this was the following: 



Motion by Councilman Caupp, seconded by Councilman Louderback, to approve the 

February 11, 2010, Special and Regular Session minutes as written. No discussion followed. 






Jack Darrah, 6600 Courtwood Drive, Tipp City, consultant for 4-Paws for Ability, thanked 

Council in advance for approving the ordinance to rezone Lot 20 of Gatch All Subdivision. 

President Felton invited the Boy Scouts in the audience to come to the podium and introduce 

themselves. Kyle Mills said he was from Boy Scout Troop 140 and was attending the Council 

meeting because he is working on his communications merit badge. Joshua Dale said he was 

from Boy Scout Troop 362 and he is working on his citizenship in the community merit badge. 

President Felton thanked them for attending the meeting. 


Planning & Zoning Commission: Councilman Caupp said the XPZC met on 

February 18 th and heard a presentation about Phase I of the Wayfinding Signage Plan that he felt 

would be a tremendous asset to this community. The city received some grant funding for 

Phase I. The Wayfinding Signage Plan presentation will be scheduled for an upcoming Council 

meeting. He announced there would be no XPZC meeting in March because he and Vice 

President Joshua Long will be out of town, and there was a scheduling conflict for March 18 th . 

The Community Design Standards will be presented at the April XPZC meeting.

XCC Regular Session Meeting Minutes, 02-25-10, Page 2 

Mayors & Managers: Mayor Bayless said she was unable to attend the meeting due to 

inclement weather. 

Miami Valley Regional Planning Commission: Councilman Louderback said he 

attended the February 4 th MVRPC meeting in Dayton. The one thing he took from the meeting 

was that the Ohio Secretary of State has a new website: www.sos.state.oh.us. There is a wealth 

of information on the website pertaining to the State of Ohio. He encouraged everyone to check 

it out. 


met on February 23 rd after rescheduling the February meeting twice due to snow. She then 

shared the following: 

Easter Egg Hunt will be held on Saturday, March 27 th at Shawnee Park beginning at 10 a.m. 

Sara Neer from the Xenia Area Association of Churches and Ministries (XAAC) is co-sponsoring 

the event with BRACA. The event is open to children ages 0 to 12 years old. The 10,000 Easter 

eggs will be distributed throughout Shawnee Park. New this year is an Easter egg hunt for 

children with special needs. The Cleft student volunteers will distribute Easter eggs throughout 

Benner Field House and will offer their assistance to children. Refreshments will be served at the 

welcome table and raffle tickets for the 30 Easter basket drawings will be distributed. If anyone 

is interested in donating an Easter basket, please contact Sarah Mays at smays@cedarville.edu. 

Greene County Master Gardeners Collaboration: Carol Atzbach from the Greene County 

Master Gardeners (GCMG) also spoke at the meeting. She presented ideas to develop a program 

for businesses, organizations, or individuals to adopt the planters and landscaped areas in 

downtown Xenia. The (GCMG) and BRACA would like to introduce “Watch Xenia Grow – 

Adopt a Spot.” If any group or organization would like more information on adopting a green 

space, please contact her at jmills@ci.xenia.oh.us. More information will be shared in the future. 

“Relay for Life” kickoff will be held on Wednesday, March 10 th at the YMCA from 6 p.m. to 

8 p.m. There will be a Guitar Hero fundraiser, cake walk, and other activities. Please attend and 

register your teams at that time. 

Annual Fishing Derby will be held at Shawnee Park on June 5 th . Dick’s Sporting Goods 

donated $150 for the event and numerous discount coupons as prizes. They are still looking for 

additional donations. 

Community Picnic will be held at Shawnee Park on July 18 th . 

BRACA is very involved with other entities to continue the fine recreation services Xenia is used 

to having for our children, youth, and seniors. Everyone is invited to attend their next BRACA 

meeting on March 9 th at 7 p.m. 

Councilwoman Mills announced that the banners for downtown will be delivered in three weeks. 

She thanked the 30 plus sponsors who made the campaign successful. Councilman Caupp asked 

what their goal was for total banner sales. Vice President Mills said the goal was to sell 25 

banners. She thought they sold 32 or 34 banners. Councilman Caupp said 32 banners were sold. 

Vice President Mills said ten more people are interested in sponsoring banners. People are very 

excited about the banner program. BRACA is interested in getting seasonal banner sponsors and 

would like to include the Mid-Town District. Councilman Caupp suggested BRACA start the 

campaign this summer to get sponsors for holiday banners. Vice President Mills agreed. 

ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Miller said he attended two 

2010 Census information forums. If you don’t want someone knocking on your door, return the


census form you receive in the mail. If you return your form, there is a 95% chance no one will 

knock on your door. If someone does knock on your door, it is probably someone doing quality 

control to ensure the form was filled out correctly and that the location was correct. Census 

population figures dictate the amount of federal dollars that are returned to our town. If 

everyone is not counted, federal dollars may be reduced. If residents want to continue to receive 

the same or more federal dollars, they should return their census form so they are counted. The 

first census mailings will be done by mid-March with the second mailing in April. 

Mr. Percival said there will be a community forum regarding the 2010 census on Saturday, 

February 27 th from 10 a.m. to noon at the Greene County Library. The event is hosted by the 

Wilberforce Alumni Chapter of the Delta Sigma Theta Sorority. He noted Mayor Bayless and 

City Planner Nimfa Simpson will be speaking at the forum. This forum is for the entire 

community to have their questions answered. President Felton asked if information was posted 

on Channel 5. Mr. Percival said he thought at one time information on the forum was posted on 

Channel 5, but there are posters in City Hall about it. 

UNFINISHED BUSINESS: None. 



Introduction of Ordinance to enter into a lease agreement granting an easement to 

Letcher J. Crowe to utilize a portion of the Little Miami Scenic Trail Bikepath right-of-way 

for property located at 607 North Detroit Street (The Donut Man). Mr. Percival said The 

Donut Man has been using a portion of the property for an off-street parking area for a number of 

years. The Greene County Trail Management Encroachment Policy requires that commercial 

encroachment be converted to long-term leases at market rates. It has been the intention of the 

City to enter into a lease with Mr. Crowe. In accordance with the arrangement with Greene 

County Trail Management Committee, revenues derived from leases involving Xenia’s Bike 

Trails are paid directly to Greene County to be used for the long term maintenance of the trails. 

Mr. Percival respectfully requested that Council introduce an ordinance authorizing him to enter 

into a lease with Letcher J. Crowe granting him an easement for the purpose of allowing the use 

of a portion of the Little Miami Scenic Trail Bikeway right-of-way for his property located at 

607 North Detroit Street (The Donut Man) for its off-street parking area. 

President Felton entertained comments from Council. None were presented. 

Councilman Miller introduced an ORDINANCE AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A LEASE GRANTING AN EASEMENT TO LETCHER J. CROWE FOR THE 

USE OF A PORTION OF THE LITTLE MIAMI SCENIC TRAIL RIGHT-OF-WAY AS PART 

OF THE ACCESSORY OFF-STREET PARKING AREA FOR 607 NORTH DETROIT 

STREET, and it was read for the first time. 

Introduction of Ordinance amending the lease agreement granting an easement to 

David D. and Carol C. Hidy for the use of a portion of the Creekside Trail Bikepath rightof-way 

originally approved on August 27, 2009. Mr. Percival noted Council approved an


ordinance granting David and Carol Hidy a lease for the use of a portion of Creekside Trail 

Bikepath as part of the site for Xenia China Inn. Xenia China Inn is getting ready to re-open at 

417 West Second Street. 


Councilman Miller introduced an ORDINANCE AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A LEASE GRANTING AN EASEMENT TO DAVID AND CAROL HIDY FOR 

THE PURPOSE OF ACCOMMODATING A PRIVATE DRIVEWAY ALONG THE WEST 

SIDE OF CREEKSIDE TRAIL BIKEPATH, and it was read for the first time. 

Award of Bid for Weed Mowing of various private and vacant lots in the City of 

Xenia. Mr. Percival said on February 16, 2010, bids were opened for contract services for weed 

mowing and tree trimming of various private and vacant lots in the City of Xenia. Two (2) 

contractors submitted bids. The lowest and best bidder for the various private lots was Let It 

Grow, LLC of Oregonia, Ohio, at a rate of $25.00 per hour for 2010, and $26.00 per hour for 

2011. This is not the weed mowing contract for parks and city facilities. This is the mowing 

contract for vacant lots/homes that the owner is not maintaining. The city sends the contract to 

mow the lot and the fees are assessed to the property owner. The mowing bids for city facilities 

and parks will be presented at the next Council meeting. 

Mr. Percival respectfully requested that Council award the bid for weed mowing and tree 

trimming of various private and vacant lots in the City of Xenia and authorize him to execute a 

two-year contract to Let It Grow, LLC of Oregonia, Ohio, for the amount of $25.00 per hour for 

2010, and $26.00 per hour for 2011. 

Motion by Vice President Mills, seconded by Councilman Caupp, to award the bid for weed 

mowing and tree trimming of various private and vacant lots in the City of Xenia and authorize 

the City Manager to execute a two-year contract to Let It Grow, LLC of Oregonia, Ohio, for the 

amount of $25.00 per hour for 2010 and $26.00 per hour for 2011. Discussion followed. 

Councilman Louderback asked if Let It Grow was the same company they had trouble with last 

year. Mr. Percival said no. Councilman Louderback said he would rather the city use a Xenia 

company, but he understood there were only two bidders. Mr. Percival said they will make sure 

they do not overburden the company that receives the bid by giving them too much to mow, 

which caused significant trouble last year. Councilman Louderback noted foreclosures increase 

yearly. 

Councilman Caupp thought Let It Grow had a part of the contract last year. Mr. Percival said 

Let It Grow was contacted after the company who received the original bid was unable to fulfill 

their contract. Councilman Caupp thought three companies were contracted to do mowing last 

year. Mr. Percival said they actually got four companies to help them. Several of the companies 

did a really nice job at the end of the season and bid on the other weed mowing contract. He is 

looking forward to working with some of those other companies. 





Emergency Resolution authorizing the Award of Bid for the East Main Street 

Streetscape Improvements. In February 2009, the City applied for and received Federal 

American Recovery and Reinvestment Act (ARRA) monies from MVRPC to improve the 

aesthetics of East Main Street from Whiteman Street to Collier Street. ARRA funds are 100% 

federally-funded and do not require any local match. On Thursday, January 28, 2010, the City 

received competitive bids from nine (9) qualified contractors to construct the improvements. 

Durst Brothers Excavating, Inc. of Tipp City, Ohio, submitted the lowest and best bid at 

$196,906. Mr. Berger checked out Durst Brothers’ references to make sure the company can do 

the job. 

Mr. Percival respectfully requested that Council waive the second reading of a Resolution at two 

consecutive meetings and approve as an emergency a Resolution to award the bid and authorize 

the City Manager to enter into a contract with Durst Brothers Excavating of Tipp City, Ohio, at a 

not-to-exceed cost of $196,906.00 for the East Main Streetscape Improvements. Although the 

bid will be awarded tonight, he will not sign the contracts until sometime in March because they 

are using these dollars as a match for other dollars they are using in the downtown area. The 

contract cannot be signed until the federal government says to go ahead and sign it. 


ENTER INTO A CONTRACT WITH DURST BROTHERS EXCAVATING, INC. OF TIPP 

CITY, OHIO AT A NOT-TO-EXCEED COST OF $196,906.00 TO CONSTRUCT THE EAST 

MAIN STREETSCAPE IMPROVEMENTS, AND DECLARING IT TO BE AN 

EMERGENCY. 


reading of a resolution at two consecutive meetings be dispensed with and this ordinance be 


Councilman Louderback asked where the ADA ramp construction would be done. Mr. Berger 

said there will be an ADA ramp at Whiteman and Main Streets on the north side of the street. 

President Felton thought they were going to construct ADA ramps at all the corners on the site 

plan. Mr. Berger said that was correct. The federal government requires that any handicap ramp 

that does not meet the current ADA regulations must be brought up to code. 

Councilman Smith asked if American Recovery and Reinvestment Act signs would be posted. 

Mr. Percival said yes, per federal requirements. Councilman Smith thought it was important for 

citizens to know the project is funded by federal dollars. 

President Felton noted $229,000 was allocated, but the bid is $196,906. She asked what would 

be done with the other $30,000. Mr. Berger said if they don’t use all the money for the project, it 

will be returned to the federal government. President Felton said even though she does not like a 

lot of the improvements, once she gets federal dollars, she wants to keep them. She asked how 

else the money could be used. Mr. Berger said they would have to go back for a change of 

scope. If there is something Council would like to see that is affiliated with this project, he had 

no problem pursuing that. President Felton asked if landscaping and lighting was included in the 

project. Mr. Berger said yes; they could look into purchasing park benches.


Councilman Caupp noted he mentioned last week that a resident brought to his attention that 

there are no trash cans in the parking lot at Whiteman Street. He thought trash cans should have 

been included in that project. Mr. Berger said if there is money left, he would be glad to look at 

purchasing trash cans. He does not want to return any money to the federal government until 

Council is satisfied. President Felton asked if the trailer was still parked in the mud next to the 

County parking lot. It is not on the lot itself but located on the city’s land. Mr. Percival said 

there is no trailer parked there now. Councilman Miller said there are two trailers chained to the 

telephone poles. President Felton asked Mr. Percival to check into the trailer. Mr. Percival said 

he would do that. 

Motion by Councilman Caupp, seconded by Councilman Miller, that Resolution Number 10-F be 




Emergency Resolution authorizing the award of the bid for the South Detroit Street 

Bicycle and Pedestrian Improvements. Mr. Percival said in February 2009, the City applied 

for and received Federal American Recovery and Reinvestment Act (ARRA) monies through 

MVRPC to construct bicycle and pedestrian improvements on South Detroit Street from Miami 

Avenue to Hill Street by Xenia Station. ARRA funds are 100% federally-funded and do not 

require any local match. The main elements of the project include sidewalk widening to better 

accommodate bicyclists and ADA ramp/crosswalk construction to better accommodate 

pedestrian traffic. CDA Construction Company of Celina, Ohio, submitted the lowest and best 

bid. The project was estimated to cost $56,000, but it came in at a not to exceed amount of 

$27,429.75. 

Mr. Percival respectfully requested that Council waive the second reading of a resolution at two 

consecutive meetings and pass as an emergency a Resolution to award the bid and authorize the 

City Manager to enter into a contract with CDA Construction Company of Celina, Ohio, at a notto-exceed 

cost of $27,429.75 for the South Detroit Street Bicycle and Pedestrian Improvements. 

Mayor Bayless presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A CONTRACT WITH CDA CONSTRUCTION COMPANY OF CELINA, 

OHIO, AT A NOT-TO-EXCEED COST OF $27,429.75 TO CONSTRUCT THE SOUTH 

DETROIT STREET BICYCLE AND PEDESTRIAN IMPROVEMENTS, AND DECLARING 

IT TO BE AN EMERGENCY. 

Motion by Mayor Bayless, seconded by Councilman Miller, that the rules requiring the reading 

of a resolution at two consecutive meetings be dispensed with and this ordinance be placed at 

once upon its passage. Discussion followed. 

President Felton asked why there was such a difference in the amount allocated compared to the 

costs. Mr. Berger said this is the epitome of including plenty of contingencies when they applied 

for this grant. He estimated the costs high in the original estimate. As in the previous grant, he 

matched the numbers to those they got from ODOT.


Councilman Miller asked if trash cans were included. Mr. Berger said no; trash cans were not 

part of the scope. However, President Felton is right - he does not want to return any money to 

the federal government until it is done and everyone is satisfied with what they got. 




Motion by Mayor Bayless, seconded by Councilman Miller, that Resolution Number 10-G be 




Items for the City Manager: Mr. Percival again reminded everyone there will be a 

community forum regarding the 2010 census on Saturday, February 27 th from 10 a.m. to noon at 

the Greene County Library. He recognized there tends to be controversy surrounding the census. 

If you have questions you would like to have answered, make sure you attend the forum. He also 

noted the Chamber of Commerce dinner is Saturday night. 

Vice President Mills asked if BRACA events could be posted on Channel 5, Facebook, and the 

City’s website. Mr. Percival asked Vice President Mills to provide what she would like posted 

and it would be posted. 

Councilman Caupp asked the status of the towing contracts that were presented to Council in 

November. Mr. Percival said the current towing contracts have expired. There are currently four 

towing companies eligible to do towing in Xenia. In December when the towing contracts came 

to Council, there was quite a bit of discussion relative to the number of towing companies 

needed. He talked with the Police Chief the other day on how to make it work. He does not 

want the city to be put into a liability situation where they limit the number of towing companies. 

On the other hand, they will need to competitively bid the contracts if they want to limit the 

number. If they want to change the status quo, they will have to develop bids specs to move 

forward with the competitive bidding process. He did not believe all the towing companies were 

equally qualified. They need to determine if specific qualifications are needed and if the towing 

companies can meet them. 







Items for the Finance Director: President Felton said she noticed the red lettering on 

the front of this month’s water bill envelope telling her to read the enclosed information about


the May levy. She read the information and encouraged everyone to do the same. Mr. Percival 

said levy information will also be included in the March and April utility bills to ensure everyone 

is educated about the issue. Mr. Bazelak noted information is also available on the city’s 

website. 



Second Readings of Ordinances and Resolutions: Mr. Lewis presented an 

ORDINANCE REZONING LOT 20 OF GATCH ALL SUBDIVISION THAT HAS GREENE 

COUNTY PARCEL IDENTIFICATION NUMBER M40000100200009700 FROM R-1C ONE- 

FAMILY RESIDENTIAL DISTRICT TO B-3 HIGHWAY ORIENTED BUSINESS 

DISTRICT, and it was read for the second time. 

Motion by Councilman Miller, seconded by Councilman Louderback, that Ordinance Number 




Items for the Law Director: Mr. Lewis asked to be excused from the meeting because 

his child is playing in a basketball tournament tonight. If he arrives soon, his child will think he 

was there for the entire game! (President Felton excused him, and Mr. Lewis left the meeting.) 

READING OF COMMUNICATIONS AND DISCUSSION: Mayor Bayless said she came to 

City Hall on a very snowy day, and all the Public Service Workers were out working on the 

streets. She acknowledged and thanked the City Manager for shoveling the walkway around the 

City Building. 

Councilman Smith said he is chairing his first Xenia Traffic Commission meeting on Monday, 

March 1 st at 7 p.m., and he invited anyone interested to attend. He thanked President Felton and 

Mr. Berger for spending time with him to explain the duties and responsibilities of chairing the 

XTC meeting. President Felton noted the City Clerk, Michelle Johnson, spends time with 

Council to explain the process before they sit on a committee. She is good at that and keeps 

them in line. 

Councilman Miller and Vice President Mills had nothing further to share. 

Councilman Caupp wished his parents a “Happy 46 th Anniversary” on Monday, March 1st. 

Councilman Louderback thanked the Xenia road crews for the great work they did during the last 

snow storm. 

President Felton said since she is retired, she does not have to drive in the snow. She does have 

somebody to clear her driveway if she wants to get out. She agreed road crews did a good job. 

Even though she received complaints about road crew’s plowing snow in front of their 

driveways, crews cannot keep turning the plow. It is important for neighbors to help their 

neighbors, particularly senior citizens.


ADJOURNMENT: Motion by Councilman Miller, seconded by Councilman Caupp, to 


following: 








March 11, 2010 


5:15 p.m. 

The Xenia City Council met in an Executive Session on March 11, 2010, at 5:15 p.m., in the 

First Floor Conference Room, City Hall, with the following members present: Jeanne Mills, 

John Caupp, Dale Louderback, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

William R. Miller was absent. 

Motion by Vice President Mills, seconded by Councilman Louderback, to meet in Executive 

Session to discuss Pending Litigation. No discussion followed. The Roll on this was the 

following: 





5:30 p.m. 

At 5:35 p.m., the Xenia City Council adjourned their Executive Session and convened in a 

Special Session in the City Council Chambers, City Hall, with the same members present. 


2010 Financial Management Policy and Goals. Mr. Percival noted Council received a copy of 

the proposed 2010 Financial Management Policies and Goals at the last meeting. They wanted 

to take an opportunity to answer Council’s questions or comments regarding those policies and 

goals. 

Mr. Bazelak said he made the following goal change: 

C. General Capital Improvement Fund (361) 

4. The General Capital Improvement Fund shall have a reserve of the outstanding 

principal of all debt service in the fund plus interest for the year, plus the balance 

of fee-in-lieu-of parkland dedication fund, plus $1,000,000. 

G 

Mr. Bazelak noted the policy is to maintain a balance in the 361 Fund for parkland monies. They 

have been budgeting dollars there to make sure they reserve it. 

President Felton asked if the changes she requested were made. Mr. Bazelak said the changes 

were not yet made but they will if that is Council’s desire. He had no problem with the changes. 

President Felton said she would make the changes during the regular session tonight.


Presentation: Downtown Revitalization Program 2010. Mr. Percival said staff would discuss 

several initiatives that will be undertaken in the downtown area. They have discussed changes 

for quite some time, completed a plan, and looked at a lot of different things relative to the 

downtown. Those include the Tier Two Comprehensive Downtown Revitalization Program, the 

Façade Loan Programs, and signage/wayfinding. It is exciting that a lot of these things are 

finally starting to come together. He has heard it before, “We’ve done all these plans, but do 

nothing but leave them sit on a shelf, and so what good is another plan?” This is pretty exciting, 

because they have the plan and tonight they would like to discuss some things they hope to put 

into motion to move some of those plans and initiatives forward. He then invited Ms. Crockett 

to do her PowerPoint presentation. Questions will be entertained following the presentation. 

Ms. Crockett said she had a lot of material to get through quickly. Since there are two new 

Council members, she will give some history about where they came from. As Mr. Percival 

noted, this is a comprehensive plan and a number of different elements are coming together at 

once. A number of people have been working very hard in a lot of different areas that affect our 

downtown. In December 2009, City Council and the City Manager instructed the Community 

Development Department to apply for the Comprehensive Downtown Revitalization Program 

Tier Two – Downtown Building and Streetscape Revitalization Grant. She responded to 

questions that have been raised as to why they went after the Tier Two grant: 

December 2009 Citizen Perception Survey results: 

• 62.3% responded “Downtown Improvement and Revitalization” was an area in which they 

supported more City funding. (Second only to improved streets and curbs – 63.7%) 

• “Downtown Revitalization” was identified as the top priority of respondents from the 

“Prioritizing the Needs of the City” section of the Survey. 

The Downtown Strategic Plan 

• The City has been working towards Downtown Revitalization for a number of years. In 2007‐ 

2008 the City commissioned a Downtown Strategic Plan and Market Study. Kinzelman, Kline 

and Gossman (KKG) was selected to develop the Plan. More information on the Plan is available 

on the City’s website. 

• This plan was the prerequisite for a Tier Two grant application and is guiding staff and Council 

actions. 

• The hard work of a number of persons dedicated to the downtown – both paid staff and 

volunteers – resulted in the City applying for and receiving the Tier Two Grant. This plan has not 

sat on a shelf. They have already been making things happen in spite of very scarce resources. 

Implementing the Downtown Strategic Plan 

Recommendations of the Downtown Strategic Plan: 

• Establish Design and Development Guidelines. Done or in process. In the downtown Tier Two 

area, City Council adopted guidelines incorporating ‘Secretary of the Interior Standards’ in May 

2009; city wide Design Guidelines are currently in process. 

Ms. Crockett noted Councilman Caupp and the Planning and Zoning Department have been very 

active in developing the City’s Design Guidelines. In early 2009, City Council adopted targeted 

Design Guidelines, including the Architectural Design Guidelines, specifically for the 

downtown, and all projects for the Tier Two Grant must meet those standards.


• Enhance Perception and Reality of Ample and Convenient Parking Downtown. In process. 

Whiteman lot improved in 08‐09; more to follow. Parking signage to help. 

A planning study of the downtown parking done in 2007 showed we have plenty of downtown 

parking. However, the parking may not always be located right where people want it or they do 

not feel comfortable in the lot. The Municipal Parking lot at the southeast corner of East Main 

and South Whiteman Streets was upgraded two years ago using CDBG money with more 

improvements to come this year, which she will discuss later. 

• Upgrade and sign major entrances leading into Downtown, create strong sense of identification. 

– Gateway and Wayfinding Signage Plan Commissioned by City Council and endorsed by City 

Planning and Zoning in February 2010. Phase I is planned for 2010‐2011. Once again, 

Kinzelman, Kline and Gossman (KKG) was selected to develop the Plan. Phase I includes a 

kiosk and a system of signs that can be implemented phase by phase throughout the City. 

The plan was endorsed by the Planning and Zoning Commission at their February 18, 2010, 

meeting, which she will present to Council on March 25 th for review and adoption. 

• Develop Marketing information for promotional campaign. 

– In process. Buxton Retail Matching Study provides 

excellent framework. Xenia Area Merchants have 

been developing Downtown Marketing Plan, 

including a website (www.visitxenia.com) and logo. 

A Greene Giving intern from Cedarville University 

worked with the merchants to develop the logo. 

They also used a community grant the City 

sponsored a few years ago to develop their own 

website. 

• Consider murals or public art to bring more visitors, 

make parking more pleasant. 

– Xenia Mural Society formed, obtained Ohio Arts 

Council grant for facilitation, and held Design 

contest in 2009; two murals planned for 2010‐2011. 

Their website is www.xeniamurals.org. 

One of the reasons the State made murals an eligible activity under the Tier Two Grant was 

because they will increase interest and activity in the downtown, as well as increase exposure 

and give attention to participating businesses, particularly along the older areas of the City of 

Xenia’s downtown business district and its renowned bikepath. Two years ago, the Xenia Mural 

Society received an Ohio Arts Council and sponsored a call for artists. They selected two Xeniabased 

artists’ designs and identified two potential building sites for the mural. The Mural 

Society is also working on other designs. 

Councilman Smith asked on which buildings the two murals planned for 2010 would be painted. 

Ms. Crockett said that has not been finalized; however, they hope the design depicted above will 

be painted on the Montgomery Insurance and Investments building, and the other design will be 

painted on the Express Yourself Coffee building. She noted the Mural Society is also 

considering a few other locations.


Ms. Crockett shared a flyer regarding the Xenia Mural Society’s upcoming “Family, Food, and 

Fundraising Event” on Friday, Saturday, and Sunday, April 9, 10, and 11 from 6 a.m. to 9 p.m. 

at the Xenia Bob Evans on Harner Drive. The Mural Society will earn 15% of sales when the 

flyer is presented at the checkout. 

Other recommendations: 

• Enhance Streetscape. 

– City has completed blocks of streetscape enhancement using 233 downtown funds over the 

past 6 years. More is coming with ARRA and Tier Two. 

• Hire a Main Street Manager to facilitate and concentrate on downtown. In process. Tier Two 

provides some limited funding for a contract position. 

President Felton said last year, she specifically asked if a Main Street Manager would be hired 

from the outside, regardless of the money. She was told Ms. Crockett or Mr. Merriman would 

most likely be designated to work as the project coordinator and they both agreed with her, as did 

Mr. Percival. She suggested they go back and check the minutes 1 . During that meeting, she 

recalled Ms. Crockett stating all they had to do was appoint a Main Street Manager – it did not 

have to be a new position. Ms. Crockett said the Main Street Manager would not be a new 

position; it will have to be contracted. Mr. Percival said they would check the minutes. 

President Felton said she remembered the answer she was given. Mr. Percival said the Main 

Street Manager would not be a City employee. President Felton said that did not make any 

difference. She was told the position would be handled inside because she specifically asked that 

question. 

Other recommendations: 

• Implement a Façade Enhancement Program. 

– Loan Trust wrote policy and guidelines, Xenia City Council adopted February 2009. Some of 

the guidelines are being revised to include the Tier Two requirements, double the funding, 

etc. 

• A major recommendation of the Downtown Strategic Plan was to apply for and receive a Tier 

Two Grant. Done! 

– The Tier Two grant is for $400,000. 

– Involves complimentary leveraging of projects in the amount of $1.3 million. 

– Grant is comprehensive. 

– Time frame is January 2010‐December 2011. 

What is our Tier Two Grant? 

• The Downtown Tier Two Grant is funded by the Ohio Department of Development to provide 

eligible communities with funding to help eliminate blighted conditions, improve infrastructure, 

and stimulate economic development in central business districts. 

• Xenia’s Grant‐‐$400,000 

– With partner matches and other projects, $1.3 million project for Downtown Revitalization. 

Xenia was one of 13 cities/villages that applied for the grant in May 2009. 

• Six Ohio Cities/Villages received funding this year: 

– Cambridge, Defiance, Napoleon, Waterville, Wilmington, and Xenia 

– Many are receiving funding for the 2 nd or 3 rd time. 

1 05-14-09 XCC Regular Session Minutes


Xenia had the least amount of matching dollars, even with Stimulus money. Several of the 

cities, including Wilmington, have been getting these grants every few years, but she was not 

sure where they found the matching dollars. If Xenia does a good job and makes things happen 

downtown, they will be eligible to apply for other grants within the next few years. Receiving 

the Downtown Tier Two Grant is a noticeable achievement and has taken a lot of work. 

President Felton asked if CDBG funds and 

matching projects were tied to each another. 

Ms. Crockett said they are independent, but 

the State requires them to do things such as 

the environment reviews, which in a sense 

ties them all together because it is a 

comprehensive plan. Obviously, each 

project has to be done following the rules of 

each particular funding source, but they are 

part of a larger rollup of a number of 

different projects. The State wants to see a 

lot of efforts with a lot of different funding 

sources. 

Another question asked is “What is the Tier 

Two Target Area?” All activities must 

take place in the designated Tier Two Target 

area shown on the right (there are three 

quadrants in the target area). Most of the 

Tier Two area is located in the old Historic 

District because they used the Heritage 

Ohio/National Main Street Model. The area 

is located south of Main Street (includes the 

Allen Building) and goes down to Xenia 

Station because they wanted to use their 

ARRA (Stimulus) funds for the pedestrian 

crossing as one of their matches.


*Oasis 

Café 

Tier Two Target Area Quadrant 1 

Councilman Louderback asked where the Oasis Café is located in Quadrant 1. Ms. Crockett said 

the Oasis Café is located in building #2 (see “*” above). 

• Target Area – Private Rehab– 

– 39 Buildings in target area 

– 19 Building owners in the Tier Two target area have committed to improvements with a 10% 

cash match, remaining 90% = half deferred loan, half 0% interest loan 

– Owners who have changed their minds may drop out or enter if in the Target Area. 

Ms. Crockett said in order to be competitive with other cities and to successfully obtain the Tier 

Two Grant, they had to have 50% of building owners involved. They had to find interested 

owners and then devise their boundaries around that so they could be competitive, which is how 

they came up with the target area and each quadrant. Participants in the Tier Two Downtown 

Program were contacted by her or the Rehabilitation Specialist in October 2009 and were asked 

to participate. Participants were asked to sign paperwork that they would make a commitment to 

match 10% of the project costs. 

Councilman Louderback asked if the 10% match would come out of the business owner’s 

pocket. Ms. Crockett said yes. Ten percent (10%) will be cash; of the remaining 90%, the 

owners will have to pay half of that with a zero interest loan over 5 to 10 years (depending on the 

amount of money) and the other half will be a deferred loan like they did with Xenia Shoe and 

Leather. So, there will be at least some recapitalization from the program. 

What outcomes are funded by Tier Two? 

• Tier Two specific funding: 

– Park benches and landscaping along Xenia Station Bike Spur ‐ $15,000. 

– Reconstruction of Municipal Parking Lots 2 & 8 and Lot 8 Alley Resurfacing ‐ $30,000 

– Trees, benches, kiosk, street lights, planters, and 2 murals ‐ $65,000 

– 417 linear ft of curbs/1000 sq ft. sidewalks along E. Second Street ‐ $30,000


– Private Building Improvements (Façade Loan and Code Upgrades) $200,000 in Tier Two 

funds includes: 

• 20 Facades Improved in Target Area 

• Code violations in 6 buildings will be addressed 

Councilman Louderback asked if Municipal Parking Lot #2 was located across from X*ACT. 

Ms. Crockett said yes. Councilman Louderback did not think all of Lot #2 was city parking. 

Ms. Crockett said it is a shared lot. Last year they discovered they did not have enough money 

in the CDBG Formula to do alley improvements in Lot #8 behind Linda’s Restaurant, but the 

alley has numerous potholes and is in bad shape. 

Councilman Louderback asked if Oasis Café showed an interest in Private Building 

Improvements (Façade Loan and Code Upgrades). Ms. Crockett said yes; the owners signed a 

commitment for the 10 percent (10%). Councilman Louderback thought that was good because 

it is one building they really needs work. 

Ms. Crockett said the State realizes the Tier Two Program is the most comprehensive program 

the OHCP offers and clearly outlined that. They know it takes a lot of expertise and a lot of 

different items have to happen simultaneously. Therefore, the State is providing the following to 

help Xenia finish all it needs to get done within the next 2 years: 

• General Admin ‐ $60,000 from Tier Two: 

– $37,000 for Private Rehab Coordination, grant administration and environmental review 

work (additional $10,500 from project soft costs) 

– $20,000 Main Street Manager/local downtown coordination and promotions 

– $3,000 for travel, training and office supplies 

Ms. Crockett thought President Felton made some points regarding naming a Main Street 

Manager. However, the State clearly believes the City needs to have someone who can 

concentrate their efforts on the downtown to make these things happen, which is why the State is 

allocating $20,000 for a Downtown Main Street Manager position. Councilman Caupp asked 

who would hire the Main Street Manager. Ms. Crockett said she would discuss the specifics in a 

moment. 

Councilman Caupp asked if Oasis Café committed to 10% prior to or after the business closed. 

Ms. Crockett said it was prior, but the owner indicated to her that they were still interested. One 

of the Loan Trust Committee’s criteria states to be eligible for funding through the Façade Loan 

Program, the premises must not be vacant. However, the Committee also crafted the language to 

state that the Committee could take a look at each project individually and make a determination 

at that time. She has other suggestions for more priority items to fill those loans. They can 

decide if a vacant building is a deal breaker entirely; she agreed the Oasis Café building is such 

an important landmark. They want to be consistent and fair, which will take some considerable 

conversation. After the consultant contacts those owners who signed commitment letters, writes 

specs, and figures out what people can really do, is when the rubber will meet the road and we 

will know if owners are willing to put up the money to make the improvements. 

Downtown Building and Streetscape Revitalization Grant Non‐Tier Two Matches 

• Bike Spur – TE and FY 2009 CDBG Planning Grant = $239,000 

• Parking Lots #2 and #8 improved – FY 2009 CDBG = $82,800


• Wayfinding Signage, Pedestrian Crossing on S. Detroit, Streetscaping on E. Main from Whiteman 

to Collier – Program Income ($82,000) and ARRA = $265,583 

• Façade Loans – CDBG Program Income = $200,000 

Ms. Crockett said the total matching dollars is over $900,000. She shared a grid with Council 

entitled “Table 3:1 Downtown Revitalization – Tier Two Projects/Funding Sources 2010-2011” 

Differences compared to original Façade Loan program: 

• 10% cash match (instead of 20%) 

• Less cash likely per project to accomplish more outcomes, average $8‐12,000 each. Some loans 

will be less in order to get as many individual participants as possible in order meet the 

outcomes. [See City website for specific details on the Façade Loan Program] 

• More defined ranking criteria for tie‐breakers to encourage: 

– More individual participants 

– Greater match by participants 

– Loan Trust will review and prioritize projects 

Organizational Next Steps 

• A major recommendation of the Downtown Strategic Plan was the formation of a Xenia 

Downtown Revitalization Committee (XDRC). 

• The Mission of XDRC will be to implement the Downtown Strategic Plan and carry forth strategic 

development efforts for the Design, Organization, Promotion, and Economic Restructuring of 

the Downtown. 

• XDRC anticipated responsibilities: 

– Make recommendations to City Council for updating and strengthening the Downtown 

Strategic Plan. 

– Explore/Obtain more resources for goal implementation. 

– Support committees of Design, Organization, Promotions, and Economic Restructuring. 

– Develop by‐laws and policies for ongoing functioning sustainability of XDRC. 

• Xenia Downtown Revitalization Committee (XDRC) 

– 1 Xenia City Manager’s Office — 1 Community Development Dept. 

– 1 XEGC — 1 XACC 

– 1 Greene County Historical Society — 1 Greene Giving 

– 2 XAMA/Business Owners 

Board Composition 

– 2 Downtown Property Owners — 1 Lender/Finance Professional 

– 1 Developer — 1 Architect 

– 1 Downtown Resident — 1 Media Rep 

*Total: There may be 15 members or roles but some people will have dual roles. 

• Xenia Downtown Revitalization Committee (XDRC) ‐ Advisory 

– City Planner — City Engineer 

– Finance Director — Greene County Chief Building Official 

– Xenia Fire Chief — Xenia Law Director 

• Staff to Committee 

– Main Street Manager


Downtown Building and Streetscape Revitalization Grant Next Steps 

• Award Rehab Consultant/CDBG specialist (already bid/selected in 2009). 

Ms. Crockett noted the contract was awarded to Rehabilitation Specialist Chris Wojno. 

Mr. Wojno has expertise that staff does not have. He is a certified lead risk assessor and is 

certified by the American Institute of Certified Planners. He has done a lot of work with historic 

preservation and bidding projects with contractors and will have the following responsibilities: 

– Write Specs. 

– Provide Lead Assessments (when necessary). 

– Liaison with building owners’ architects. 

– Manage Bid process. 

– Conduct Prevailing Wage Surveys/requirements. 

– Conduct Environmental Reviews. 

– Coordinate with OHPO, Xenia Planning and Zoning, and Greene County CBO. 

– Set up case management system with Main Street Manager 

• Select Main Street Manager/Contract Consultant 

– Write Scope of Services 

– Advertise, Select, Award 

Ms. Crockett said they do not know exactly what the Downtown Main Street Manager position 

will look like. It will not be a job with the City, per se. It will be an independent contractor 

position for $20,000 through December 2011. They also do not know where the person will be 

housed. They could be housed at XEGC, the Chamber of Commerce, at Greene Giving, or there 

are a number of other places that will work. 

President Felton stated she does not support hiring a Downtown Main Street Manager position. 

However, if that position does come to fruition, she wants that person to reside at XEGC or at the 

City. There is plenty of office space at the City Service Center. Mr. Percival said they discussed 

that. Ms. Crockett agreed. Mr. Merriman said they discussed housing the person at the City 

Service Center, but the only problem is it is so far removed from the downtown. They discussed 

housing the person at City Hall or XEGC. 

• Consultant’s Anticipated/Potential Roles 

– Support XDRC and subcommittees. 

– Carry out promotions, press releases, web updates, marketing. 

• Rail and Arts Fest 

• Downtown Christmas 

• First Fridays 

• Farmers’ Market 

– Assist tenants and property owners with building improvement projects. 

– Case Management – Develop mortgages, recording, filing, research of applicants, keep 

financial records, maintenance of books and ledgers for State reports. 

– Process Contractor billings. 

– Facilitate training sessions, workshops, educational forums with Heritage Ohio and other 

consultants/downtown specialists. 

– Coordinate and obtain volunteers. 

– Downtown Inventory


Ms. Crockett said the Main Street Manager will work with the public/private sector organizations 

in beautification, landscaping and public improvement projects. Given the scope of the 

activities, the Main Street Manager will also be encouraged to work with BRACA and 

volunteers/interns through the community and Greene Giving to maximize efforts. Sinclair 

Community College created a data base that should help a lot with marketing downtown, but it 

needs to be populated and maintained. 

Councilman Caupp asked if the Tier Two Grant required them to have a Main Street Manager. 

President Felton suggested Councilman Caupp go back and read the previous Council minutes. 

Councilman Caupp said he remembered discussing the position. With a population of 27,000, he 

could not necessarily see how they should be paying for that individual. There is a Xenia Area 

Merchants Association that he thought would want to do their own promotions. We also have 

the Xenia Area Chamber of Commerce. 

Councilman Louderback said he talked to a lot of Main Street Managers. A lot of cities smaller 

than Xenia have Main Street Managers. Ms. Crockett said some cities with a population of 

9,000 have Main Street Managers. Councilman Louderback thought the Tier Two Grant 

required them to have a Main Street Manager. Ms. Crockett said the State refused to state that 

having a Main Street Manager was a requirement. In order to be competitive and get everything 

done, other cities have Main Street Managers. Usually the position is funded by more than the 

just the Tier Two Grant, but one big reason the State allocated $20,000 is because there is an 

expectation of that role. Councilman Louderback asked which city he and Ms. Crockett visited. 

Ms. Crockett said they visited Troy. Councilman Louderback said they also visited another city. 

Mr. Percival said they also visited Piqua. Ms. Crockett said Piqua has had a full-time Main 

Street Manager for 17 years. President Felton thought the position sounded like the job Dave 

Rupert did for the XAMA. 

Mr. Percival said the Main Street Manager’s position would not be funded with City funds, but 

will be paid through grant funds designated for administration. Frankly, a lot of the work of a 

Main Street Manager was done by interns last year. The Cedarville University summer intern set 

up all the First Fridays and coordinated with Rail & Arts Fest. President Felton said for what – 

they are a private group! Why are we doing their work? Mr. Percival said they are not doing 

their work. They are trying to get people to come downtown and spend time and money. 

President Felton asked what the Chamber of Commerce was doing. Why are we paying all that 

money? Isn’t the Chamber advertising and doing all that? Ms. Crockett said the Chamber has a 

mission to handle merchants, retail, and industrial in all of Xenia, not just downtown. President 

Felton said so do we and all we are concentrating on with the Tier Two Grant is downtown. 

Ms. Crockett said the Tier Two is a grant for downtown revitalization. 

President Felton said Ms. Crockett keeps saying Tier Two Grant, but when she looks at the list of 

grants received and what they have done throughout the years with over $1 million, they only got 

an additional $400,000 [for Tier Two]. She has questions for Ms. Simpson who wrote some of 

the grants, but she is not here tonight. They fussed about the 10% cash match at the Loan Trust 

Committee because last time, the match was 50%, and the only business interested was 

Montgomery Insurance. In the original Downtown Revitalization Façade Loan Program, it was a 

50/50 split. Ms. Crockett asked if that was five years ago. President Felton said it was 10 years 

ago or longer. Xenia Station is a separate grant. The bike path has nothing to do with the Tier


Two Grant. She thought Ms. Crockett was just itemizing all these things so it appears that we 

had to have all the other grants to get the Tier Two Grant. Ms. Crockett and Mr. Percival said 

we did—that is correct. President Felton said then she wished she had not supported half of the 

grants the City went after because the Tier Two Grant is generating more work than we have 

time for. She asked where staffing will find the time. 

Mr. Percival said that is why the State allocated money for administration in the grant. He did 

not disagree with President Felton. The grant generates a lot of work. In the Tier Two Grant 

training that Mr. Merriman and Ms. Crockett attended, they said the reason why additional 

administration money was allowed is because this is the most difficult grant to administer that 

they have ever received. He said President Felton is stating the obvious and is 100% right! 

President Felton said she stated staff does not have the time before they ever went after the Tier 

Two Grant. She asked who they were going to get as the Main Street Manager for $20,000. 

They already have two or three consultants doing the job on everything else for the Community 

Development Department. 

Mr. Percival thought they could find a Main Street Manager, but it would have to be somebody 

that cares about the downtown. Mr. Lewis asked if they could hire someone from the XAMA or 

the Xenia Chamber of Commerce who is already working downtown to take on the additional 

responsibility. Mr. Percival said that is the question. They need someone who is already 

working downtown and has an intimate knowledge. President Felton is 100% correct that the 

amount of the paperwork involved in the Tier Two Grant is huge. 

Councilman Louderback thought the Main Street Manager would do the paperwork. President 

Felton said that would not be what the Main Street Manager would do. The Manager would do 

public relations, etc., but will have nothing to do with the Tier Two Grant. Mr. Percival said the 

Manager would also do the paperwork on the Grant. President Felton said the Manager would 

not know how to do that—they have a consultant to do that. Ms. Crockett said the Downtown 

Main Street Manager will provide a variety of functions including case management (mortgage 

development and filing) for the Façade Loan Program, record-keeping for the downtown 

programs, maintenance of ledgers and books for the programs, reporting to the State, and general 

downtown coordination. President Felton said the only one that files mortgages for the City of 

Xenia is the Law Department. Mr. Lewis said the Main Street Manager would actually file the 

mortgages, whereas the Law Department just makes sure they get filed and recorded. However, 

filing a mortgage only requires the Manager to go the Recorder’s Office. 

Mr. Percival said the group the Grant will probably create more work for than anybody else is 

the Loan Trust Committee. President Felton said the Committee has not had anything to do yet 

because they are not looking at all the other stuff that is going on, which is something she wants 

to discuss with Mr. Lewis. She asked what would happen if the Loan Trust Committee did not 

approve the Façade Loan based on the financials. They got stuck with all the other loans for 

properties because the appraiser said a house was worth $80,000, but when she looked at it she 

thought it was worth $50,000. Mr. Percival said some of the houses were not worth $50,000, but 

homes are no longer being appraised like they once were. 

President Felton said Mr. Percival gets mad at her every time she starts on this topic, but after 20 

years, she is sick of consultants and throwing money away. Then Mr. Percival says “Well if we


didn’t get the grant…” Mr. Percival said on the other hand, President Felton has said they do all 

these plans then leave them sitting on a shelf and don’t do anything with them. President Felton 

said she did not say that about the Tier Two Grant. Mr. Percival asked President Felton if she 

had not said that about downtown plans. President Felton said she did make those comments 

years ago, but not recently. Mr. Percival said now they are doing something with the downtown 

plans! It is time to do something! Is this a perfect situation, absolutely not! But is it the best 

we’ve got … yes. 

Mr. Merriman agreed the Tier Two Grant is a lot of additional work. However, one of the 

commitments they discussed with Council and recognized was a need to work toward business 

retention, particularly in downtown Xenia, which has been an issue. 

Back to the Citizen Survey, President Felton said she did not like the questions, because they did 

not tell our citizens about our current financial crisis. She noted one of the survey questions was 

if there were shops downtown, would you come downtown and shop. Mr. Percival agreed that 

question was on the survey. President Felton said the question was not worded that way. 

Mr. Percival said citizens were asked (1) how often they shop downtown, and (2) why they don’t 

spend more time downtown. The most common response was a lack of retailers/restaurants of 

interest. Two-thirds of respondents indicated they would come downtown more if there were 

additional retail or entertainment options, but less than half of respondents indicated additional 

restaurants and outdoor recreation would bring them downtown. Some respondents indicated 

they have no desire to go downtown. 

Mr. Bazelak said he was intimately involved in writing the questions, but he had no answers in 

mind other than trying to elicit information from whomever answered the survey questions. He 

was not motivated in terms of trying to get a specific answer. He was trying to get AN answer to 

the questions. If the survey came out that way, that was not the intent. President Felton said she 

took the survey on the telephone and read it afterwards. She did not have the survey ahead of 

time. When she was taking the survey, she did not have time to think because it was only a 10- 

minute survey and she was asked to prioritize 10 different things in one question. She thought 

the questions were motivated to draw your attention to downtown, because “we’ve got this 

money and grants, so now you are going to come downtown and shop, right?” 

Mr. Percival said they hope that is the outcome. He did not disagree with President Felton. If 

they are going to put this much effort in improving downtown, the desired outcome would be to 

bring more people downtown to shop, eat, etc. He would love to see the number of people on the 

streets in downtown Xenia every day that you see when you drive through Yellow Springs. You 

cannot drive through Yellow Springs at 6 a.m. or 5 p.m., where there are not people doing 

something in their downtown area. His goal would be to get people to come downtown. 

Councilman Louderback thought the unique shops in downtown Yellow Springs attracted 

people. Mr. Lewis agreed that was part of the attraction, but another big part is that Yellow 

Springs is very walkable. The majority of people live within a 5- or 10-minute walk of 

downtown Yellow Springs, which has only one grocery store, one hardware store, etc. It is the 

same thing you might find in downtown Washington Court House. Although Washington Court 

House is about the size of Xenia, a lot of people go downtown because there are no other 

offerings. When he was growing up in Xenia, the downtown area was full of shops, but when


you start having other offerings, it becomes more difficult. They need to start focusing on 

having unique shops downtown in order to attract people. People need a reason to come 

downtown. Mr. Percival said he did not think anyone was disagreeing with President Felton. 

Councilman Louderback noted downtown revitalization was high on the citizen survey list. 

Mr. Merriman did not thing anything in the Downtown Revitalization overall plan was not 

valuable to downtown. For example, curb and sidewalk replacements and other projects are 

needed downtown. They cannot address all the needs, but they can get started on some of them. 

Ms. Crockett said this will not be the answer to having everything done forever. Making cities 

livable and attractive to citizens and visitors is a continual process. President Felton said if this 

gets the City away from low to moderate income, then that is good. Ms. Crockett said she 

welcomed people to look at other cities that have been doing these kinds of things. Some of the 

cities are smaller than Xenia, but some are the same size or much larger. President Felton said 

she lived in Napoleon. She knows what it is like up there, but they have had a downtown 

forever. Their downtown did not get destroyed by the 1974 tornado, and that is the difference. 

Ms. Crockett agreed each city is different, but as newcomer, she thinks Xenia has a cool 

downtown. There are a grocery store and retail stores downtown. Although it may not be 

perfect, she was surprised at how people who live in Xenia are so hard on their own downtown. 

Downtown Xenia is beautiful. They need more retail and other things, but they also need people 

who live in Xenia to come downtown. She feels passionately about downtown and cares about 

it. There is a lot of opportunity and these improvements can really propel us forward in positive 

ways during some very difficult times. 

Mr. Percival said Ms. Crockett has a report that details everything she went through with her 

PowerPoint presentation and a list of all the different things that are going to happen and their 

funding source. They are not asking for any action on this tonight from Council. They wanted 

to make a presentation this evening, give everyone the information so they can go through it, and 

then bring a couple of agenda items to the next Council meeting. They wanted to give Council a 

few weeks to digest the information because there was a lot of information presented tonight. 

The special session was adjourned at 6:35 p.m. 








7:00 p.m. 

The Xenia City Council met in a Regular Session on March 11, 2010, at 7:00 p.m., in the City 


Dale Louderback, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

William R. Miller was absent (excused; see page 2). 

INVOCATION: Alan G. Anderson, Greene County Commissioner, gave the invocation after 



Mills, to approve the February 25, 2010, Special and Regular Session minutes as written. No 




Proclamation for American Red Cross Month. Mayor Bayless said she was very pleased to 

have representatives from the American Red Cross with us this evening and invited them to 

come to the podium. She noted some Red Cross staff could not be here tonight because they are 

helping with the Business After Hours event. She then read the proclamation: 

“The Dayton Area Chapter of the American Red Cross has provided disaster relief, 

education and transportation, as well as youth, community, military and international 

services continuously in the Miami Valley for 93 years. The Dayton Area Chapter and its 

volunteer-led disaster action teams responded to 199 local emergencies, assisting 676 

disaster victims and trained over 25,000 people in lifesaving skills such as CPR, first aid 

and the use of automated external defibrillators in 2009. Volunteers provided assistance 

to those impacted by flooding, storms, and other natural disasters across the country. 

The more than 1,300 volunteers and 5,300 donors of the Dayton Area Chapter provide 

the resources that allow the chapter to educate and assist individuals, families, 

workplaces, and schools in being ‘Red Cross Ready.’ Finally, its emergency housing 

programs assisted 476 families, including 755 adults and children during 2009.” 

Mayor Bayless proclaimed the month of March 2010, as “American Red Cross Month.” In 

acknowledgement of the contributions of the Dayton Area Chapter of the American Red Cross to 

the quality of life in the City of Xenia, we must partner and do our part to ensure that the Red 

Cross remains vital, ready to help us prevent, prepare for, and respond to the emergencies and 

disasters impacting the families of our community. (Applause followed.) 

Tom Fodor, CEO of the Dayton Area Chapter of the American Red Cross, introduced Penny 

Madre-Johnson, Greene County Emergency Housing Program Director. The Emergency 

Housing Program in Xenia recently expanded, and houses at least 13 families at any time in 

either emergency or transitional housing. The Red Cross really appreciates the City helps in


getting that program established. He noted that Greene County Service Center Director, Judy 

Elder, could not be here tonight because she is helping with the Business After Hours event. The 

Dayton Area Chapter is currently responsible for an 11 county area, including Greene County, 

which was one of the original three counties. When the Red Cross reorganized a few years ago, 

the Dayton Chapter was given additional responsibilities. The good part is that they are now 

partnering with five other chapters, and really think their disaster capacity is better. They are 

working very diligently with their five other chapters, which are mostly located to the north, to 

increase their disaster readiness and to be able to have even more resources should a natural 

disaster occur in this area. With the six chapters working together, they are stronger as a unit 

than just the Dayton Area Chapter trying to go it alone. Their volunteer base and public support 

remains strong. The Red Cross does not receive any federal funds for disaster relief. Our 

communities provide funds and volunteers for disaster relief. For more information, please go to 

their website at www.dac.redcross.org. He distributed Disaster Preparedness Brochures. There 

are three steps: “Get a kit, make a plan, and be informed.” He encouraged everyone to be 

prepared and to do at least one of the three steps. He thanked City Council for the proclamation 

and for all their support of the American Red Cross. 

President Felton said a friend of hers found a small transistor radio at Radio Shack for $10.00, 

which is effective if there is no power. 

President Felton acknowledged a Boy Scout in the audience and invited him to come to the 

podium and introduce himself. Chris Spanbauer said he is a member of Boy Scout Troop #140 

and is working on two merit badges - Communication and Citizenship in the Community. 

President Felton thanked him for attending the meeting and wished him good luck. 

Motion by Councilman Caupp seconded by Councilman Smith, to excuse Councilman Miller 

from the meeting due to a prior engagement. No discussion followed. The Roll on this was the 

following: 

Ayes: Mills, Caupp, Louderback, Smith, Bayless and Felton 


PUBLIC HEARING: 

2010 Operating Budget. President Felton opened the public hearing and asked for the 

staff report. Mr. Percival said the public hearing tonight is to discuss the Final Operating Budget 

and Appropriations Ordinance for 2010. Council met in a series of budget work sessions on 

7/9/09, 11/7/09, 11/14/09, 1/7/10, 2/11/10, and 2/23/10, to discuss the 2010 Operating Budget. 

This has been an extremely difficult process for the 2010 budget year and has only been achieved 

after severe cuts in staffing and the community’s voted renewal of a 3.5 mill operating levy in 

August 2009. They hope the 2010 budget continues to meet the needs and service delivery needs 

of the community, yet allows them to stay within the financial constraints that the City is 

currently experiencing. If passed, the appropriations ordinance will set the final budget 

appropriations for calendar year 2010. A temporary appropriations ordinance was passed by 

Council on December 29, 2009, to enable the continuation of City operations until the final 

appropriations are approved. The adoption of this final appropriations ordinance will enable us 

to proceed with all of the proposed projects as well as allow for funding of operations through 

the end of fiscal year 2010. Council received copies of the Final Appropriations Ordinance and a


Summary of the Key Operating Funds. In his 26 years with a City, this has been the most 

difficult budget to put together because there are not enough funds available to do all the things 

they would like to do. He noted Finance Director Mark Bazelak prepared and distributed the 

2010 Financial Management Policies and Goals last week for Council’s consideration. 

Mr. Percival respectfully requested that Council pass an emergency Resolution on the City of 

Xenia 2010 Financial Management Policies and Goals, and emergency passage of the Final 

Appropriations Ordinance adopting the 2010 Operating Budget. 

President Felton asked if the Resolution for the 2010 Financial Management Policies and Goals 

was part of the public hearing or just required approval by Council. She thought the public 

hearing was just for the Final Operating Budget and Appropriations Ordinance for 2010. 

Mr. Lewis said that was correct. 

President Felton entertained questions from Council. None were presented. 

President Felton referenced the 2010 Financial Management Policies and Goals, Exhibit A, 

Page 1 (8): 

KEY OPERATING FUNDS 

8. Five percent (5%) of gross income tax revenues shall be directly receipted 

into the General Capital Improvement Fund (361). (This policy shall go 

into effect beginning with budget year 2011). 

G 

President Felton asked that the last sentence (This policy shall go into effect beginning with 

budget year 2011) be deleted because they do not know what the City’s financial situation will 

be in 2011. They can discuss it again during the next budget cycle. She asked if Council 

objected. No Council members voiced an objection. 

President Felton referenced FINANCIAL PROJECTION ASSUMPTIONS FOR THE 2010 

BUDGET: A, 1 (g) and B, 1 (b): 

A. GENERAL ASSUMPTIONS 

1. External economic conditions stabilize after the downturn in 2009; however, little if any 

growth occurs in 2010. 

g. Grants shall be pursued wherever possible keeping in mind the potential City 

matching funds required. 

B. Enterprise Funds 

1. Revenues 

b. Grants and Loans will be available for new water and sewer construction. 

c. Grants shall be pursued wherever possible keeping in mind the potential City 

matching funds required. 

President Felton said she asked staff to add the same verbiage “grants shall be pursued wherever 

possible keeping in mind the potential City matching funds required” after Enterprise Funds, 

1 (b) because it has a direct impact on whether the City accepts a grant, and if funds will be 

allocated in that particular budget item. She asked if Council objected to the changes. No 

Council members voiced an objection.



favor of the 2010 Operating Budget to step forward to speak. No one came forward to speak. 

She invited those against the 2010 Operating Budget to step forward to speak. No one came 

forward to speak. She then invited those neither for nor against the 2010 Operating Budget to 

step forward to speak. No one came forward to speak. President Felton closed the public 

hearing at 7:18 p.m., and entertained comments from Council. 

President Felton entertained a motion to approve the Resolution approving the 2010 Financial 

Policies and Goals. 

Councilman Caupp presented a RESOLUTION APPROVING THE 2010 FINANCIAL 

MANAGEMENT POLICIES AND GOALS, AND DECLARING IT TO BE AN 

EMERGENCY. 

Motion by Councilman Caupp, seconded by Councilman Louderback, that the rules requiring the 






10-H be now passed. No discussion followed. The Roll on this was the following: 



President Felton requested that Council waive the second reading of an Ordinance at two 

consecutive meetings and approve as an emergency an Ordinance adopting the 2010 Operating 

Budget for the City of Xenia. 

Vice President Mills presented ORDINANCE TO MAKE FINAL APPROPRIATIONS FOR 

CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF XENIA, OHIO, 

DURING THE FISCAL YEAR BEGINNING JANUARY 1, 2010, AND DECLARING AN 

EMERGENCY. 

Motion by Vice President Mills, seconded by Councilman Smith, that the rules requiring the 

reading of an ordinance at two consecutive meetings be dispensed with and this ordinance be 




Motion by Vice President Mills, seconded by Councilman Smith, that Ordinance Number 10-06 



Nays: None motion carried




Doug Cowens said his father was the late John D. Cowens, who he assumed everyone knew. He 

was hoping to get an “In Memory of John Cowens” bench. He discussed the bench with 

Mr. Percival and he said they would get a plaque in his father’s memory, which is great, but he 

wondered when that would happen. Mr. Percival said the plaque was ordered and will be placed 

on a bench on W. Main Street in front of where the Cowen’s Sporting Goods store was located. 

Mr. Cowens said he was ecstatic! He then thanked Mr. Percival and City Council. President 

Felton said they were glad to do that. 


Traffic Commission: Councilman Smith said XTC met on March 1, 2010. For those 

who are watching and not familiar with the Traffic Commission, he wanted to give some history. 

The XTC is made up of five Xenia residents, himself as chair, the City Engineer, and an officer 

from the Xenia Police Division. At the March 1 st meeting, they elected Norman DeHaven as 

Vice Chair. They discussed traffic signal timing and asked residents to please give them some 

time to work out the problems. They also discussed the “no left turn” sign on Little Main Street 

at Orange Street. It is illegal to make a left hand turn there because the intersection of Main 

Street and Orange Street is within a short distance. The “no left turn” sign will be moved to 

make it more visible because it is currently located too close to the stop sign on Little Main 

Street. The next meeting of the XTC is Monday, April 5 th at 7:00 p.m., and they will address 

concerns posted on the City’s Facebook site. 

Greene County Regional Planning Commission: Councilman Caupp said the meeting 

was cancelled due to lack of agenda items. 

Board of Zoning Appeals: Mayor Bayless said there was no BZA meeting due to lack 

of agenda items. 

ITEMS FROM CITY COUNCIL AND MAYOR: Mayor Bayless said she would like to 

report on the 2010 Community Census Forum that was held last week at the United AME 

Church that was rescheduled from Feb. 27 th due to weather. The forum was sponsored by the 

Delta Sigma Theta Sorority, Inc., Wilberforce Alumnae Chapter. They heard information from 

Julie Arius, partnership specialist in southwest Ohio, and Grace Ramos, who serves on the 

National Advisory Commission. Xenia City Planner Nimfa Simpson gave an excellent 

presentation on the importance of the 2010 Census and what it could do for Xenia economically. 

She shared that in 2007, she questioned the City of Xenia’s estimated population of 23,656, and 

it was later confirmed that it was an error and it was changed to 27,291. It is very important that 

the 2010 census shows a population growth because that will mean we are a vibrant city, a place 

where businesses want to locate, and one in which people want to live. We can then attract 

larger retail stores, restaurants, and recreation that surrounding cities have. We need a 

population of 30,000 plus. In Xenia, the east end and southwest area between Cincinnati Avenue 

and S. Detroit Street have typically had low responses. She plans to do some intervention in her 

east end area of town and hopes other also canvas their neighborhoods. We need to send in the 

census questionnaire. Many people received a letter last week stating their census form would


arrive by April 1st. Also, please respond to the census workers who may follow-up at your 

home. If you do not send in your 2010 census form, and a census worker comes to your house, 

they don’t want to come inside and residents should not let them in. The ten required questions 

can be answered at the door. She contacted the Xenia School District Administration and they 

responded immediately. They consider this a tremendous opportunity to involve our students in 

learning how our government works and how to be an active participant in it. They have kits for 

all schools and curriculum lessons. She also made sure each school had posters with the 

information. As a community, we need to encourage everyone to complete the 2010 census 

form. Word of mouth works best. She also encouraged groups, churches, and organizations to 

contact Ms. Simpson for an in-depth presentation as it pertains to our community. 

President Felton entertained questions. Councilman Louderback said he heard the same 

presentation at the MVRPC. Mayor Bayless is right about letting census workers in your house. 

Census workers who go door-to-door are supposed to have badges, but should not be allowed 

inside. They said the Census Bureau is hiring for census jobs that may last through September. 

If you are looking for a part-time job, you can call 866-861-2010. 




Tax Incentive Review Council – 2009 Annual Report. Mr. Percival said the Tax 

Incentive Review Council (TIRC) is required annually to review all active Ohio Enterprise Zone 

(OEZ) Agreements, determine whether or not the companies are in compliance with the 

conditions and terms of their respective agreements, and make a recommendation to the 

legislative authority (City Council). The City of Xenia currently has nine (9) active OEZ 

Agreements. The following summarizes the recommendations made by the TIRC: 

1. Brown Publishing – Continue 62% abatement of applicable real property taxes. 

2. CIL Isotope Separation, Inc. (Agreement #2) – Continue the 61% abatement of applicable real 

property taxes. 

3. CIL Isotope Separation, Inc. (Agreement #3) – Continue the 65% abatement of applicable real 

property taxes that may be eligible in the current tax year. 

4. Lowe’s Home Centers, Inc. – Continue 50% abatement of applicable real taxes that may be 

eligible in the current tax year, contingent upon filing of DTE 23. 

5. Ohta Press US, Inc. (Agreement #2) – Continue the 45% abatement of applicable real property 

taxes. 

6. SAS Automation, LLC. (Agreement #1) – Continue the 36% abatement of applicable real 

property taxes. 

7. Superion, Inc. (Agreement #2) – Continue the 40% abatement of applicable real property taxes. 

8. Twist, Inc. (Agreement #4) – Continue the 75% abatement of applicable real property taxes.


9. Yoder Die Casting Corp – Continue the 75% abatement of applicable real property taxes. 

Cornerstone Research Group had an Agreement that was voided when the project failed to 

happen in 2009. 

Mr. Percival respectfully requested that City Council, by motion, accept the recommendations of 

the TIRC. He noted Steve Brodsky (XEGC) was available for questions. Mr. Brodsky, 

Mr. Bazelak, and Councilman Louderback served on the TIRC. 

Motion by Vice President Mills, seconded by Mayor Bayless, to accept all the actions 

recommended by the Greene County Tax Incentive Review Committee, as presented, and direct 

the OEZ Annual Report to be forwarded to the Greene County Commissioners for their 

consideration. Brief comment followed. Councilman Louderback noted only one retailer, 

Lowe’s Home Centers, Inc., is on the list. There is a rumor going around town that Walmart had 

a tax incentive, but that is not true. He sees nothing wrong with tax abatements, especially if the 

City can land a big company. He is pro tax abatement for that reason. The Roll on this was the 

following: 



Award of Bid for 2010 Mowing Contracts for various Parks and City Owned 

Facilities. Mr. Percival said bids were opened on February 18, 2010, to complete the last year of 

our three-year bid due to the default of one contractor. Five bids were received for the treatment 

plants and four bids for our park system. These bids only cover the sites that were in default; all 

other contracts are still in force. The prices reflect the cost per mowing. 

Mr. Percival respectfully requested that Council award the following contracts: 

Pitzer Lawn Care for mowing Westside Park Complex & Public Service Center at $250.00 per 

mowing in 2010. 

Vanhoose Lawn Maintenance in the following amount for each mowing of the following sites for 

2010: 

1. Ford Rd. WWTP $125.00 

2. Patton St Booster Station $ 25.00 

3. Industrial Park Water Tower $ 30.00 

Jenkins Lawn & Landscaping in the following amount for each mowing of the following sites for 

2010: 

1. Water plant 7.2 ac. $135.00 

2. Glady Run WWTP 7.6 ac. $150.00 

3. Glady Run WWTP 10 ac $115.00 

4. Spring Hill & Lexington Parks $125.00 

5. Sterling Green Park $175.00 

6. Ridgebury, Franklin, Parnell, 

Home Ave., Bennett & 

Beverly Hills Parks $270.00 

7. Shawnee Park $245.00


Mr. Percival asked Mr. Lewis if he preferred Council to approve each contract individually. 

Mr. Lewis said Council could make one motion to approve all three contracts. 

Motion by Councilman Louderback, seconded by Councilman Smith, to authorize the City 

Manager to execute a contract with Pitzer Lawn Care, Vanhoose Lawn Maintenance, and 

Jenkins Lawn & Landscaping in the amounts stipulated for each mowing of the specific sites for 

2010, with the stipulation that the City Manager be authorized to replace the contractor with the 

next lowest bidder if the contractor defaults or is deemed to be in noncompliance with the 

conditions of the contract. Brief comment followed. 

President Felton said she wanted to make sure the contracts stipulated that the City Manager is 

authorized to replace the contractor with the next lowest bidder if the contractor defaults or is 

deemed to be in noncompliance with the conditions of the contract, and she was assured that 

Mr. Percival could legally do that. Mr. Percival said several of the contractors really helped the 

city and did a great job when they got in a bind last year. President Felton agreed. Mr. Percival 

said he is very happy with the individuals on the list of mowing contractors for 2010. 




Items for the City Manager: Mr. Percival said this week there were many questions 

posed to staff and Council relative to the upcoming levy request, so they created a video this 

week. Mr. Bazelak developed all the questions and asked him, the Police Chief, and Fire Chief 

to answer the questions. The same questions are coming up quite often and they wanted to 

address them and provide as much education as possible. The 40-minute video will be running 

on Channel 5, the City’s website, and some other places. He encouraged citizens to watch the 

video that they hope will address many of the questions people have and also provide education 

regarding the upcoming levy. If the video raises other questions, please call him or Mr. Bazelak 

at City Hall, and they will be happy to provide any information requested. 

Councilman Caupp said last spring he raised issues regarding dead trees and landscaping at 

Lowe’s, Walmart, and the Hospitality Drive area. With spring right around the corner, he would 

like formal letters sent to Lowe’s and Walmart. Lowe’s is getting a 50% tax abatement from the 

City. Lowe’s Home Centers in other communities have irrigation systems, green grass, and look 

quite nice. Last year, City staff struggled to get the Xenia Lowe’s to keep the grass cut by their 

irrigation pond. Even after Lowe’s cut the grass, it did not look very good. Lowe’s has an entire 

store full of fertilizer, grass seed, spreaders, but their lawn was poor at best and looked terrible. 

Walmart has an irrigation system that they never turned on last year. He spoke to a Walmart 

representative at the National League of Cities. She took all his information and was supposed 

to e-mail him, but she never responded back to him. Before spring begins, he would like formal 

letters sent from the City to both retailers encouraging them to be good corporate citizens. The 

City is doing a lot to try to enhance its image and to make the City look a little nicer and we need 

Lowe’s and Walmart to step up to the plate. Mr. Percival said letters would be sent.












ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE 

GRANTING AN EASEMENT TO LETCHER J. CROWE FOR THE USE OF A PORTION OF 

THE LITTLE MIAMI SCENIC TRAIL RIGHT-OF-WAY AS PART OF THE ACCESSORY 

OFF-STREET PARKING AREA FOR 607 NORTH DETROIT STREET, and it was read for the 

second time. 

Motion by Councilman Louderback, seconded by Mayor Bayless, that Ordinance Number 10-07 




Mr. Lewis presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A LEASE GRANTING AN EASEMENT TO DAVID AND CAROL HIDY FOR 

THE PURPOSE OF ACCOMMODATING A PRIVATE DRIVEWAY ALONG THE WEST 

SIDE OF CREEKSIDE TRAIL BIKEPATH, and it was read for the second time. 

Motion by Vice President Mills, seconded by Councilman Caupp, that Ordinance Number 10-08 





READING OF COMMUNICATIONS AND DISCUSSION: Councilman Smith reminded 

citizens to not forget to "Spring Forward" this weekend by moving their clocks forward and 

check or change batteries in smoke detectors to make sure they are working properly. Xenia 

Grace Chapel is seeking donations for their Good Samaritan Auction on Saturday, March 20 th at 

10 a.m. All profits earned at the auction are used to help people in need with such things as 

medical expenses, food, utility bills, household and car repairs, and any crisis that would leave a 

person or family in need.


Mayor Bayless said she attended her second ribbon cutting last month for a new business, Old 

Fort Bank located at 280 North Detroit Street. She attended a luncheon meeting at Athletes in 

Action (AIA). AIA is planning a major conference in May that will be a big boost to our local 

economy. More information will be shared in the future. 

Vice President Mills also reminded citizens to move their clock forward on Sunday at 2 a.m., 

which gives us more daylight. It also means children will be playing outside more, so please 

watch out for them. People should not only check the batteries in their smoke detectors—they 

should throw them away and replace them with new batteries. 

Councilman Caupp announced that Wednesday, March 24 th is the annual “Cops and Lobsters” 

fundraiser at the Beavercreek Red Lobster Restaurant. Xenia Police Officers and other local law 

enforcement agencies serve guests and their “tips” are actually donations to Special Olympics. It 

is a worthwhile cause that raises a lot of money for Special Olympics each year. It is an 

opportunity to have a Police Officer serve you with something other than a ticket! 

Councilman Louderback congratulated the Xenia High School girls’ basketball team. They lost 

their game in the Division I Regionals Tuesday night; if they had won that game, they would 

have been in the State semi-finals. He also attended the Xenia High School boys’ basketball 

semifinals game on Sunday against Wayne High School. They played a great game and only lost 

by 10 points. They both had a great season. He congratulated both teams and their coaches. 

President Felton said she is not very computer literate, and she does not like Facebook! 

Everybody has an opinion, and she loves opinions, but pick up the phone and call her. Tell her 

what you want to know and she will be glad to get you correct information. Facebook seems to 

be worse than the national news she watches. If you are going to write something, which is your 

right, get your data and information correct before you post it there. 

ADJOURNMENT: Motion by Vice President Mills, seconded by Councilman Caupp, to 


following: 










6:00 p.m. 

The Xenia City Council met in a Special Session on March 25, 2010, at 6:00 p.m., in the City 



Chapter 1294 – Supplementary Regulations. Mr. Percival invited Ms. Simpson to address 

Council. Ms. Simpson thanked Council for the opportunity to present Chapter 1294 – 

Supplementary Regulations of the Planning and Zoning Code proposed amendments and text 

changes that require approval through ordinance by City Council following a public hearing. 

The Xenia Planning and Zoning Commission reviewed the proposed amendments for almost a 

year, and in February endorsed them to City Council for approval. She then proceeded with her 

PowerPoint presentation. 

General zoning guidelines and standards that apply to all land uses in the City: 

Temporary Uses 

Setback requirements 

Minimum size for homes 

Accessory Structures 

Fences, Walls and Screening 

Table of permitted uses for Business 

Other general standards 

What prompted the review of this chapter? It started with an amendment to provide 

standards for the following: 

Pay day loans 

Cash advance 

Cash checking 

Pawnshops 

Staff identified areas within the Chapter that needed to be reviewed: Growth and development policy 

needs of the City based on enforcement problems, vague language, lack of standards (for example, 

outside seating for restaurants), and eliminating regulations that no longer apply (i.e. lot size 

requirement for those using septic systems). 

Councilman Miller noticed Ms. Simpson said staff was proposing to eliminate lot size 

requirements for residents using septic systems, which he understood since septic systems cannot 

be used within the city limits; however, there are septic systems on Purcell Drive in Xenia 

Township. He asked if they should keep the requirement in case property owners apply to be 

annexed into the city. Mr. Percival said the regulation applies to new construction. Councilman 

Miller said he understood it was for new construction, but he thought they should maintain some 

kind of guidelines for current property owners who want to be annexed into the city. If the lot is 

too small, do they force them to connect to the city’s sewer system? Mr. Percival said they


cannot force anybody to hook into the city’s sewer system, but the Greene County Health 

Department has the ability to make anyone within 250’ of the sewer line tie into it. Mr. Lewis 

said they could force the property owner to tie into the city’s sewer system if they want to annex 

into the city. Mr. Percival disagreed because the sewer system was built using federal funds. 

Property owners that want to be annexed into the city can only be forced to hook up to the city’s 

water system. Mr. Lewis stood corrected. 

Councilman Miller said there are residences within 20” of the City of Xenia that have septic 

systems. Mr. Percival said there are residences inside the City of Xenia that have septic systems. 

Councilman Miller said he understood that and understood the regulation changes would only 

pertain to new construction, but he wondered if there were any requirements for existing 

residences. Ms. Simpson said no because if they are existing residences, they don’t regulate 

them. Councilman Miller said he understood that, but septic systems go bad. Mr. Percival said 

if a resident has a septic system that goes bad and makes application to the Health Department 

for a permit to build a new septic system, the Health Department will make them tie into the 

city’s sewer system if it is available. The city does not control that. Councilman Miller said that 

answered the question. 

President Felton thought Councilman Miller raised another question. She thought staff wanted to 

change the lot line. Councilman Miller said staff wants to eliminate the lot line. Mr. Percival 

said staff is proposing to change lot sizes not lot lines. Ms. Simpson said the regulation states the 

property must be at least 5 acres in order to use a septic tank. President Felton said if the 

regulation states the property must have at least 5 acres then it is wrong. She asked on what the 

city’s zoning requirement should be based – there must be some requirement. Councilman 

Miller said septic systems within the city are not allowed. President Felton said there are 

currently properties within the city that have septic systems. Mr. Lewis said if someone wants to 

change their lot size, they would have to go before City Council for approval. Ms. Simpson said 

the property owner would have to go before the Planning and Zoning Commission if they wanted 

to change their lot size, but the City of Xenia does not regulate septic tanks. Mr. Lewis said the 

city does regulate the lot size where the septic system is located. 

Councilman Miller said they don’t want residents to reduce their lot size so much that they can’t 

have a septic system, but his question was answered. If anything happens to the septic system 

that makes it inoperable, the Health Department would be involved. If the resident wanted to 

change the lot size, the city would be involved. Mr. Lewis said the Health Department would 

ultimately have the final say on the lot size because they have to come out and approve the septic 

system layout, etc. Councilman Miller said he now understood and was fine with the change. 

Mr. Percival said there are very few properties with septic systems still located within the city 

limits. Ms. Simpson noted Mr. Percival’s property is one such property. Mr. Percival agreed, 

but his property is located on 30 acres. There are a few other properties, such as the last house 

on the right on Hill Street going out of the city and Jeff Spracklen’s property. Councilman 

Louderback asked if there were any properties with septic systems located within the city limits. 

Mr. Percival said yes, the three he just mentioned, but there are no houses with septic systems 

located within plats. Part of the city’s Zoning Ordinance states that if you develop a plat you 

must have public sewer.


President Felton said they are not talking about new developments; they are discussing the old 

houses in the west and east ends. She did not think they could say that 100% of those houses are 

connected to the sewer system because some homes on Old U.S. 35/Jasper Pike were not 

connected. 

Vice President Mills clarified they were saying if you have an older home with a septic tank that 

is acceptable and working correctly, then it is grandfathered in and can be used. If the septic 

system has any problems, then the Health Department gets involved and they will determine if 

the system is unusable. At that point, the property owner must connect to the city’s sewer 

system. Mr. Percival said that is correct. 

Ms. Simpson said the Health Department wants a business on Lower Bellbrook Road to connect 

to the city’s sewer system. Mr. Percival said there are a few businesses on Lower Bellbrook 

Road that the city tried to work with. However, the city is not going to build the line; the 

business would have to build the line. He thought there was a proposal to give those businesses 

five years to pay the connection fees, but those business owners do not want to pay to build the 

line, which is not the city’s responsibility. President Felton thought the line was very close 

because Mutt Anderson connected his property to the sewer system. Mr. Percival said a line 

must be built from the house out to where it runs through the bike path, but it is close and the lay 

of the land will get the sewage there. Vice President Mills clarified new homes owners must pay 

for the sewer line from their home to the street connection and she felt those businesses should 

assume the same responsibility. Mr. Percival agreed. 

Ms. Simpson continued her presentation. 

PROPOSED CHANGE RELATIVE TO DEVELOPMENT POLICY/DIVERSIFYING HOUSING IN XENIA. 

1. Higher value of housing is needed to generate adequate tax base. Based on computations by 

the Finance Director, homes that have the equivalent of 1,600 square feet or larger will be more 

sustaining for the City’s tax base. 

Ms. Simpson noted at one time the former Finance Director, Jim Freeman, said homes that are 

1,400 square feet or more should be the target for new housing in Xenia. Since the early 1990’s, 

they have encouraged developers to build homes that are 1,400 square feet or larger in order to 

sustain the City’s tax base. 

2. A review of the proportion of single‐family lots according to Zoning District Categories reveals 

that eighty‐three (83) percent of the single‐family lots are zoned R‐1C One‐Family Residential 

District. There is more than an adequate supply of R‐1C lots in Xenia. 

Ms. Simpson said the R-1A One-Family 

Residential District is the most 

restrictive. It requires a minimum floor 

area of 1,800 sq. ft., a minimum lot area 

of 12,500 sq. ft., and they are the fewest 

homes in the city. The R-1C District, 

which includes most homes in 

Laynewood, Arrowhead, Windsor Park,


North Detroit, and South Detroit, represents 83% of the total percentage of homes in the city. 

Since 1992, the Zoning Classification does not include Planned Unit Developments (PUD’s) as 

shown in light blue on the map below. PUD’s include Timber Ridge, Summer Brooke, Kinsey 

Meadows, Wright Cycle Estates, Sterling Green, and the Reserve of Xenia. The areas in black 

are all zoned R-1C and contain mostly 1,000 sq. ft. homes. There are a lot of R-1C affordable 

homes in Xenia. 

Ms. Simpson said Mr. Bazelak asked her to summarize the total parcels that are in Planned Unit 

Developments. A total of 3,269 parcels were approved in Planned Unit Developments but are 

not necessarily existing parcels. A total of 1,226 lots have been recorded. Most of the PUD’s 

have homes that are 1,400 sq. ft. and above. The PUD’s in R-1A (1,800 sq. ft. or more) total 206 

and are located in Summer Brooke, Timber Ridge, and Kinsey Meadows. Of the 1,070 PUD’s 

allowed in the R-1B, 551 are built. Of the mixed Planned Unit Developments, which have 

single-family, duplexes and apartments, they allowed a total of 1,784 units, but only 466 have 

been built. 

Proposed Changes: 

Increase sizes of new homes by adjusting minimum floor area requirements: 

R‐1A: From 1,800 to 2,000 

R‐1B: From 1,400 to 1,600 

R‐1C: From 1,000 to 1,400 

R‐1C requirement should apply to single‐family construction in R‐2, R‐3, R‐4, and R‐O. 

Minimum lot width will be adjusted: 

R‐1A will be reduced from 100’ to 90’ 

R‐1B from 80’ to 75’ 

R‐1C will stay the same at 60’


President Felton asked why staff was proposing to reduce the lot widths and increase the floor 

area required. Ms. Simpson said the reason there are so many Planned Unit Developments is 

because developers want narrower lots. President Felton said they could do away with PUD’s. 

Vice President Mills noted it is cheaper to build up than to build out. Ms. Simpson said sewer, 

curb, and street costs are based on the width of the lot. It is also difficult to enforce zoning 

regulations in Planned Unit Developments. Some PUD’s were zoned R-1A, but three years later 

the developer came back and had the zoning amended. If it is straight out zoning, there is hardly 

any change to what was originally requested. 

Mr. Percival said building larger homes on smaller lots is better for the city’s tax base because it 

increases the density. Vice President Mills asked if Mr. Percival was concerned about 

homeowners wanting to build large homes on bigger lots. Mr. Percival said some people do 

want that, but a lot of people want a big house on a small lot so they don’t have the maintenance 

responsibilities. Mr. Lewis said the market will drive that anyway. It is not a requirement – 

these are just minimum lot requirements. A developer can build homes on much bigger lots if 

that is what the market demands. Councilman Caupp noted the regulations are for the minimum 

lot size. 

Ms. Simpson said Kinsey Meadows was an R-1A One-Family Residential District, but that 

became unfeasible, so they went for a PUD to reduce the lot widths. Summer Brooke did the 

same thing. The first section of Summer Brooke is an R-1A, but the rest of the development is a 

PUD because they wanted lots with less than the 100’ width required. 

President Felton asked how wide Councilman Caupp’s lot was across the front. Councilman 

Caupp said his property has 125’ of road frontage. President Felton said her home has 100’ of 

road frontage. Mr. Percival noted Councilman Caupp’s home is located on a corner lot and 

corner lots will always be bigger. President Felton said her lot is not bigger because it is located 

on a corner. Mr. Percival asked President Felton the square footage of her home. President 

Felton said her home is 2,000 sq. ft. Mr. Percival noted President Felton has a 2,000 ft. home on 

a 100’ lot. President Felton said her lot is bigger because after the 1974 tornado they would not 

allow her to build a house on a 50’ lot. They wanted homes built on a minimum 60’ wide lot. 

Mr. Percival said a lot of the R-1C’s are bigger houses, such as homes on N. West Street, 

N. King Street, and N. Galloway Street. He thought that was also true of some homes in the 

Water Street Historical District. Councilman Miller said his house is a little over 2,500 sq. ft. on 

a 60’ wide lot. President Felton asked if the square footage included Councilman Miller’s extra 

lot. Councilman Miller said no. By conforming standards, his adjacent lot is no longer a 

buildable lot because it is only 50’ wide. Ms. Simpson said Councilman Miller’s adjacent lot is a 

buildable lot. Councilman Miller said he built a garage on the lot. President Felton said the 

requirement was changed – he could have built a house on the lot. Councilman Miller said he 

could have built a house on the adjacent lot, but because of the setback requirements in the 

Downtown Overlay District, the house would have been narrow and not very long. 

Other recommended policy changes: 

1. Place a moratorium on zoning additional R‐1C One‐Family Residential District or phase out R‐1C 

District.


2. Phase out R‐4 Multi‐Family Residential Districts for it allows for too high a density; R‐4 

requirements will now match R‐3 Multi‐Family Residential District. An example of R‐4 is the 

Stelton Road area, which is very dense. 

Ms. Simpson said according to the Law Director, a moratorium only lasts one year. Therefore, 

staff is suggesting no longer approving zoning for any more R-1C One-Family Residential 

Districts. President Felton asked why they could not place a moratorium on zoning additional 

R-1C One-Family Residential Districts AND phase out R-1C Districts. Mr. Lewis said they 

could do the moratorium but it only lasts one year. President Felton said she knew that, but then 

the new zoning regulation would go into effect. Mr. Lewis said Ms. Simpson is suggesting that 

the new zoning regulation go into effect immediately. If they did the moratorium, it would only 

eliminate R-1C for one year. 

Councilman Caupp said at first he thought they were going to phase out R-1C Districts, but the 

previous slide suggests increasing the size of new homes in R-1C from 1,000 sq. ft. to 1,400 

sq. ft. Ms. Simpson said that regulation would apply to existing lots. Councilman Caupp 

thought that meant that instead of phasing out R-1C, staff suggested increasing the size of new 

homes from 1,000 sq. ft. to 1,400 sq. ft. to bring it up to where R-1B was. Ms. Simpson said that 

was correct. Councilman Caupp said if they phase out R-1C Districts with the new proposals, 

the smallest house that could be built in the city will be 1,600 sq. ft. Mr. Percival said that would 

apply to building on any new lots approved. President Felton said if the builder does not have 

their plans approved, they will have to comply with the new requirements regardless of whether 

they already own the land. Mr. Percival agreed. 

Ms. Simpson said as of now, they are dealing with lot records. If the existing lot is zoned R-1C, 

they will allow a 1,400 sq. ft. home to be built, but they are already receiving some objections to 

that proposal. Councilman Caupp asked who objected. Ms. Simpson said some of the current 

owners of R-1C lots are objecting. The Metropolitan Housing Authority owns an R-1C lot. 

Impact of proposed amendments on existing lots: 

1. Exempt existing single‐family lots with structures on them from the non‐conforming clause to 

allow for rebuilding at their current size should the structure suffer damage. 

2. Existing vacant R‐4, R‐1C, R‐1B, and R‐1A lots will meet new requirements with regard to 

minimum floor area. 

Ms. Simpson said an example of Item 1 above would be like what happened in the Laynewood 

Subdivision after the Xenia tornados. Those residents were allowed to rebuild the same size 

home on their existing lot. She felt those residents should be exempt from the non-conforming 

requirement. Councilman Miller agreed. There would be no way they could make those 

residents build larger homes than they had. Mr. Percival said lot sizes in some neighborhoods 

would not allow the owner to build a larger home. President Felton noted the exemption would 

also apply if the home burned down. If the lot is large enough, the property owner could 

increase the size of the home if their building permit was approved. 

Section 1294.21 Table of Permitted Uses in Business Districts: 

Updated to reflect or specify new business uses among others: 

Gyms and fitness centers 

Arts and craft shops


 

 

 

Automotive rental/leasing 

Automotive towing as accessory to car repair 

Tattoo parlors requiring 1,000 feet separation 

Ms. Simpson said staff would also like to specify that towing operations shall be permitted as an 

accessory use to auto repair operations and provide standards for automotive repair operations to 

achieve clean image in the business districts. 

Ms. Simpson noted the permitted uses in Business Districts for Pay Day Loan/Cash Advance 

companies were already addressed, which is good, because they just received an inquiry about 

opening another Cash Advance company in the downtown area. Because of the new regulations, 

the new business will not be permitted to open in downtown Xenia. 

President Felton asked why staff wanted to allow towing as a permitted use in the Business 

District. Ms. Simpson said the towing service will be an accessory activity to an automobile and 

vehicle repair service, which those companies are already doing. President Felton said she 

understood that. Mr. Percival said they have to allow towing as an accessory activity for those 

businesses because you cannot have an automobile repair business and not allow towing. 

President Felton said Moorman Towing does not repair vehicles – they only tow them. 

Mr. Lewis said as an accessory use, they can tow. Vice President Mills clarified if your car 

broke down, the company would be allowed to tow your car to a repair shop for repairs. 

Ms. Simpson said that is correct and currently that is not allowed. They have a lot of problems 

because auto repair shops would like to be able to tow what they will be repairing in their shop. 

Staff is suggesting allowing the towing service as an accessory activity but not as a primary use. 

President Felton clarified automobile and vehicle towing and repair services would be allowed to 

tow cars and park them somewhere around their building until they get ready to fix them. 

Mr. Lewis said they are already doing that. Councilman Miller agreed, but now they are making 

it legal. Mr. Lewis said he understood President Felton’s concern, but the businesses are already 

doing it. Ms. Simpson said there are standards listed in §1294.21 Xenia - Planning and Zoning 

Code List of Permitted and Conditional Uses in Established Business Districts, (c) Conditions 

applicable to special business operation, (1) CONDITIONS TO AUTOMOTIVE AND 

VEHICLE TOWING AND REPAIR SERVICES, A through G. President Felton said they all 

know businesses do not follow the requirements. Ms. Simpson agreed. 

Councilman Louderback asked if a new tattoo parlor was coming downtown. Ms. Simpson said 

yes. Councilman Louderback said he keeps hearing it will be a clothing store and tattoo parlor. 

Mr. Percival said the company has a shop in Yellow Springs and sells Eastern, Indian, Chinese 

apparel and arts and crafts. It has three businesses in one shop. Mr. Lewis asked if it was the 

Pangaea Trading Company. Ms. Simpson said yes. She noted the tattoo parlor on W. Second 

Street was upset about allowing the new business because the owner did not want competition 

and felt it should not be allowed to open. 

Councilman Smith asked why tattoo parlors were required to maintain a 1,000 feet radius 

separation from another similar establishment. Ms. Simpson said the requirement was 

established so similar businesses are not clustered in the downtown area.


Ms. Simpson continued with the PowerPoint presentation. 

Allowable sidewalk sales for business establishments: 

• Remove restriction on number of days allowed. 

• Instead provide standards: 

o Leave half of sidewalk open. 

o Display shall be confined along the front of business. 

o Display structures shall be sturdy and withstand local normal wind loads 

o Avoid nuisance situations such as accumulation of trash and fire hazards. 

Ms. Simpson said one Planning and Zoning Commissioner was not happy about the number of 

sidewalk sales allowed. The original proposal was to increase sidewalk sales from 7 to 12 in a 

calendar year, but the Commissioner did not want that. Staff removed the restriction on the 

number of sidewalk sales allowed but provided standards as shown above. 

Councilman Caupp asked if the city controlled what Walmart and Lowe’s sells outside their 

business. Mr. Percival said yes. All businesses have outside storage requirements on what they 

can sell. 

Provide standards for the following: 

Outdoor restaurant seating with standards similar to those required for All Sports Grille in Xenia 

Towne Square. 

• Allow outdoor seating as accessory to restaurants 

• Outdoor seating shall be enclosed by wall or fence (wrought‐iron, aluminum, or welded steel on 

concrete posts of stone or brick veneer) 

• Outdoor furniture shall be either concrete or wrought iron 

Adding standards to some permitted uses where none existed before 

or were inadequate for effective enforcement: 

• Type of fencing and screening material; specified what is 

permissible and is not permissible material. 

• Require good side of fence to be visible. 

Councilman Caupp asked if requiring the good side of the fence to be visible was in the current 

Zoning Regulations. Ms. Simpson said no, and staff gets many complaints about it. Councilman 

Caupp said he has seen three or four fences where the good side of the fence is not visible. 

Councilman Miller asked which side of the fence is supposed to be visible. Ms. Simpson said 

the good side of the fence should face the outside. Councilman Caupp said that was common 

sense to him. Councilman Miller said the regulation must be stated correctly or it will not work. 

Proposed changes to address enforcement problems due to vague language: 

In older neighborhoods, front yard setback line is measured from the centerline of a street and current 

language is confusing. The Planning and Zoning Commission’s solution was to provide an illustration 

(see next page) on how the measurement is done (Section 1294.02), so that will be added.


Clarify expectations on temporary uses and structures in Section 1294.10. 

1) Temporary offices and model units in new subdivisions shall be allowed. Trailers can be used 

during construction of model home. 

2) Specify that tents and structures made of canvass, inflatable garages, and portable garages shall 

not be used as accessory structures. 

3) Clarify that temporary classrooms can only be allowed for one school calendar year with permit 

renewable options. 

Ms. Simpson said even though temporary classrooms meet the building code, under the city’s 

Zoning Ordinance, they are supposed to be only temporary. Several of the temporary 

classrooms have been allowed, but they should make sure they are temporary structures. They 

could require that the school renew the permit until they have capital funds to build the school, 

but she did not think temporary classrooms should be dominating our landscape. 

Councilman Louderback asked how long something was considered a “temporary use.” He 

asked how long the temporary patio structure at Nick’s Restaurant was allowed to be used.


Ms. Simpson said that is a good example of what they would like to specify. There was no limit 

on the number of days in the past, but now they are proposing a limit on those kinds of 

structures. Mr. Percival said after someone gets a temporary permit, they can just keep getting it 

renewed. They are trying to limit how long temporary classrooms are used so that people don’t 

think that once it has been there for two years, it becomes permanent. They are not saying 

temporary classrooms cannot be used; they are saying those are not permanent structures. The 

city will have to approve the temporary permit in order for it to continue to be used. 

Mayor Bayless asked how long a temporary permit is allowed. Mr. Percival said a permit for a 

temporary classroom cannot exceed one school calendar year. Other temporary permits depend 

on the structure and the district in which they are located. For example, the tents they used for 

Old Fashioned Days were allowed to be used for a week, but he thought other tent permits were 

good for up to 30 days. He thought the patio tent permit at Nick’s Restaurant was good for 30 

days. Ms. Simpson said §1294.10 TEMPORARY USES AND STRUCTURES (d) states, 

“Tents and canopies shall be permitted for special gathering or events such as weddings, 

graduations, and celebrations not exceeding five days.” 

President Felton said she has a tent like they use at the Farmer’s Market. Does she need to get a 

tent permit? Mr. Percival said a permit is only required for tents and canopies over two hundred 

(200) sq. ft. Ms. Simpson said the tents and canopies must also be certified to be fire retardant. 

Mr. Percival said when he borrowed a tent from Southwest Landmark for the city to use for Old 

Fashioned Days last year, the Fire Department had to come out and make sure the tent was fire 

rated before a permit was issued. President Felton thought that was because they used electricity 

in the tent. Mr. Percival said probably, but he did not know the entire reason. 

Councilman Louderback thought a few Xenia schools had temporary classrooms. Ms. Simpson 

said that was true. Councilman Louderback asked if the temporary classrooms were on blocks as 

shown in the picture. Mr. Percival said the temporary 

classroom at St. Brigid Church is on blocks. Councilman 

Louderback said he was thinking of Nazarene Christian 

School. Ms. Simpson said the temporary classrooms at 

Nazarene Christian School have skirting around the 

bottom. Mr. Lewis said AHOP has temporary classrooms. 

Ms. Simpson said the classrooms at AHOP were supposed 

to be temporary, but BZA approved the extension. 

Councilman Caupp asked what the game plan was to get rid of the temporary classrooms. 

Ms. Simpson thought the schools and churches should be notified. Mr. Berger said the 

temporary classrooms are still subject to the Greene County Building Code. Councilman Caupp 

said he was at AHOP last week, and there is a concrete ramp leading to their temporary structure. 

He wondered who issued the permit for the concrete ramp that leads to a temporary structure. 

Councilman Miller said there are more requirements on temporary classrooms. After the 2000 

tornado, the structure is required to have tornado straps. Mr. Percival disagreed; it is not a house. 

The temporary classrooms have to be strapped down, but they do not have to have tornado 

straps. The temporary classroom shown above would not fit within the building code.


Councilman Miller agreed, but if you have a temporary structure that does not have a permanent 

foundation, the city code states the structure must have straps. Before he built his garage, the 

city code stated it had to be strapped down from the foundation and anchored to the soil. 

Mr. Percival said he could take two screw anchors and anchor into the soil. Councilman Miller 

said that was what he was saying. If temporary structures are not anchored, they truly are not 

safe in this city with our high winds. 

Vice President Mills said there are two temporary structures behind the high school in the back 

parking lot. Councilman Louderback said he did not know that. He asked if they are being used 

for administrative offices or if students are in them. Mr. Percival said children use the temporary 

classrooms. Councilman Louderback asked if McKinley Elementary used them at one time. 

Mayor Bayless said yes; they were used after the 1974 tornado. Ms. Simpson said she needs to 

let the school know that the classrooms are supposed to be temporary. 

Councilman Caupp said he understood they are addressing temporary classrooms now, but how 

will that affect the ones currently being used. The temporary classroom at AHOP is right next to 

the road – it shouldn’t be permanent. Ms. Simpson said it was not permitted as permanent, but 

that will be political. President Felton asked why? Councilman Caupp said there is nothing 

political about it. They need to tell Rev. Mark Brooks that it has to go. 

Vice President Mills asked what the difference was between the requirements for a temporary 

trailer versus the trailer park on N. Detroit Street. Those trailers [on N. Detroit Street] are 

moving in and out and are temporary. Ms. Simpson said they are mobile homes. Mr. Percival 

said the temporary classroom trailers are not residential units and are controlled by two different 

parts of the Ohio Basic Building Code. Councilwoman Mills said she understood that, but 

Councilman Caupp mentioned how skirting made the trailer more of a permanent fixture, such as 

the double wide mobile homes. She asked if there is a definitive line between the two “trailers.” 

Ms. Simpson said mobile homes are no longer allowed in the city because they are nonconforming. 

Mr. Lewis did not think there had been any new mobile homes in the mobile home 

park for years. Ms. Simpson agreed. President Felton said Dr. Woods bought a new mobile 

home and put it on the lot that was already in the mobile home park. 

Ms. Simpson then continued with the PowerPoint presentation. 

Section 1294.15 Zoning Regulations on Accessory Structures 

need to be changed to clarify vague language and to reduce 

variance requests. 

• Height limitation for detached accessory structures will 

now allow an increase from the 14’ height limit to 17’ 

to accommodate large size vehicles. 

• Clarify language on separation between accessory 

structure and main structure to meet building and fire 

code requirements. 

• Rephrase wordings on allowable size for accessory 

structures. 

• Clarify language on timing of construction for accessory 

structures.


President Felton asked why the garage could not be connected to the house. Mr. Lewis said all 

houses cannot accommodate an accessory structure, which was the case with Councilman 

Miller’s garage. President Felton asked what that had to do with it. Some garages already built 

are 8’ above the roof line of the house and they do not look right. Ms. Simpson noted §1294.15 

(d) Height limitation states, “No detached accessory building in the residential zoned districts 

and B-1 District shall exceed one story or 14 feet in height measured from grade to the highest 

peak of the roof. However, the height of the accessory structure may be increased to seventeen 

(17) feet provided that the primary exterior materials of the accessory structure match the 

primary exterior materials of the main structure, the roof pitch matches the roof pitch of the 

main structure and the wall height do not exceed ten (10) feet from the floor to the top plate.” 

Councilman Miller agreed there is an elevation rule, which was enforced on his garage. 

President Felton said a garage on Commonwealth Drive exceeds the limitation. 

Other standards to be included: 

Specify screening standards for dumpsters and recycling containers. 

Specify standards for bicycle parking and bicycle racks in consideration of the City’s goal to seek 

Bicycle Friendly designation. 

Chapter 1240 – General Provisions and Definitions shall be amended to include new terms and 

redefine other terms. Clear definition of terms is essential in zoning enforcement. 

Councilman Caupp asked how the dumpster screening standards pertain to existing businesses. 

Ms. Simpson noted §1294.21 states, “Existing dumpsters which, in the judgment of the Zoning 

Enforcement Officer cause health hazards and nuisance conditions, shall be required to be 

cleaned up, improved and screened in accordance to the provisions outlined herein. The 

requirement for providing adequate number of dumpsters shall be determined based on the 

condition of the site and the need to contain litter and trash.” The dumpster would be 

considered a nuisance. Vice President Mills clarified the business with the nuisance would not 

be grandfathered. Ms. Simpson said that is correct. Councilman Caupp said once the 

amendment is passed, they can literally go across the street and have something done. Fulmer’s 

Supermarket is atrocious in the summertime. 

Mr. Lewis thought Council should give serious thought about approving the amendment 

allowing sidewalk sales 365 days a year because downtown Xenia may look like a Flea Market. 

President Felton said she did not like it because some businesses will have merchandise outside 

all year. Councilman Caupp asked if the Planning and Zoning Commission approved the change 

to have sidewalk sales 12 months a year. President Felton said when she chaired the XPZC, one 

member wanted the change. Mr. Berger said the change would allow sidewalk sales 365 days a 

year. Councilman Caupp clarified staff was proposing to allow sidewalk sales 365 days a year. 

Ms. Simpson said that was correct. 

Councilman Caupp asked how many sidewalk sales are currently allowed per year. Ms. Simpson 

said seven (7) sidewalk sales are currently allowed per year for a maximum of five (5) days each. 

President Felton said those are the restrictions in the business district. Councilman Caupp noted 

the business district allows sidewalk sales 35 days a year, which he thought was more than 

adequate. Councilman Miller did not think businesses would have sidewalk sales in December, 

January, or February due to the cold weather. Councilman Caupp thought that made it even


worse because businesses potentially could have sidewalk sales every day from April through 

October. 

Vice President Mills thought it was hard to regulate what one person vs. another considers a 

sidewalk sale. One person might have a very nice 3’ by 4’ table outside of their business with 

items on sale that day while another business might have 18 card tables stretched out across the 

front of their store. It is hard to make that distinction. Councilman Louderback said he 

understood what Vice President Mills was saying and not all retailers will even want sidewalk 

sales. Vice President Mills said not all retailers will want sidewalk sales next door to them every 

day either. 

President Felton entertained further comments from Council. None were presented. 

Ms. Simpson said a public hearing on the proposed amendments to Chapter 1240 will need to be 

scheduled. President Felton said she would discuss that with Ms. Simpson later because Council 

is not ready to vote on the proposed changes. Ms. Simpson said she knew that. Mr. Percival 

thought they needed to quickly deal with changing the R-1C One-Family Residential District 

minimum floor area per unit from 1,000 sq. ft. to 1,400 sq. ft. President Felton said a public 

hearing could be scheduled on the R-1C change, but nothing else. Councilman Caupp asked if 

the R-1C change to 1,400 sq. ft. was addressed in the Design Standards. Ms. Simpson said no. 









7:00 p.m. 

The Xenia City Council met in a Regular Session on March 25, 2010, at 7:00 p.m., in the City 



INVOCATION: Pastor Gary Chapman, Mt. Zion Baptist Church, gave the invocation after 



Mills, to approve the March 11, 2010, Executive/Special and Regular Session minutes as written. 

No discussion followed. The Roll on this was the following: 


Abstain: Miller 


SPECIAL PRESENTATION: Wright Image Group, Walter Hoy. Mr. Hoy said some years 

ago, a group decided that one of the problems with the Dayton region was image. We have a lot 

to show the world and have a high technological base here, but we have a bad habit of hiding it 

under it under the bushel. To promote the image of technology and innovation that Dayton 

represents requires a single, easily identified symbol – an icon. That icon is the 1905 Wright 

Flyer III. Through adoption of the Wright Flyer, the Dayton area will have an instantly and 

internationally recognized symbol. Like the Eiffel Tower, that symbol will be married to the city 

and become inseparable—both in fact and in image. The Wright Brothers conceived, designed, 

built, and learned to fly the first powered aircraft in Dayton, Ohio. Though significant, the Wright 

Brothers airplane was only one of many inventions to come out of the Dayton, Ohio area. Vast 

arrays of other inventions and innovations have had an impact on the world and the way we live. At 

one time, Montgomery County had more patents than any other county in the nation. We were 

the Silicon Valley of the United States 100 years ago. During the 2003 celebration of the first 

flight of the Wright Flyer, they did a poll throughout the country and found that 66% of people 

were sure the Wright brothers came from Kitty Hawk, and that they built the plane in their 

bicycle shop in Kitty Hawk. The Cleveland Plain 

Dealer said “Those wonderful boys that invented 

the airplane, Forest, Frank, and Lloyd.” There is 

an education problem. Therefore, the community 

desires to build a 220’ icon at the southwest 

quadrant of I-70 and I-75 to recognize the 

accomplishment of the Wright Brothers and depict 

the Greater Dayton Area as the “Birthplace of 

Aviation.” It will become the Eiffel Tower of this 

region, and people will know where they are when 

they come here. He then proceeded to show a 

DVD entitled “The Wright Image Group.”


Mr. Hoy said he was not here tonight to ask for financial support for the project. He was here to 

ask for an endorsement of support. They would like to get every community in Ohio’s Aviation 

Development area to support the project. In order to move forth at the state and federal levels, 

they need to show that our communities support the idea, which is what they are looking for now 

from Council. They will look for funding elsewhere, such as from Boeing, Air Bus, and other 

large corporations. They have $333,000 worth of land at the southwest quadrant of I-70 and I-75, 

which is one reason for the location. The other reason is that 57 million vehicles pass through that 

intersection yearly. Over $200 million was spent to improve that intersection because they 

expect 90 million vehicles to pass through that intersection each year in another 20 years. 

Councilman Louderback presented a RESOLUTION SUPPORTING THE CONSTRUCTION 

OF A WRIGHT FLYER ICON TO BE LOCATED AT THE SOUTHWEST QUADRANT OF 

I-70 AND I-75, AND DECLARING AN EMERGENCY. 

Motion by Councilman Louderback, seconded by Councilman Miller, that the rules requiring the 



Councilman Louderback asked what the monument would cost to build. Mr. Hoy said five years 

ago the estimate was $5 million. Now he would not be surprised if they were up to $7 to $10 

million. It will be a 220’ high stainless steel monument. The airplane itself is 80,000 pounds of 

stainless steel. They have $100,000 collected and pledged, but they need to get to $160,000. At 

that point, they will do engineering, development, and drawings. Once they get past the 

engineering phase and get it on paper, they will have something that is really salable. 

Councilman Louderback asked if the 120’ airplane would be built to scale. Mr. Hoy said no. 

The original plane was 40’, but because it will be up so high, it will be built to triple scale. After 

doing research at the intersection, they discovered if they got below 200’ at one point you would 

end up looking down at the vehicle through trees. Therefore, if it is higher and has lights, it will 

be impressive because it is against the sky. 

Councilman Louderback asked how someone could donate. Mr. Hoy said donations can be 

made through their 501(c)3 and donations are tax exempt, which is what they are doing right 

now in order to get to the engineering phase. 

Councilman Caupp said he has lived in this area his entire life but he has never heard of Waco 

Field. Mr. Hoy said Waco Field is located in Troy. Before WWII, the Weaver Aircraft 

Company was one of the leading manufacturers of private airplanes, which is where executive 

airplanes came from in the 1930’s. Facilities include a hangar that houses the Waco Aircraft 

Museum, a research library, and classroom/conference rooms. 

President Felton asked if they could paint Dayton under the wing of the Wright B Flyer they 

currently fly. She noted see has seen the Wright B Flyer in the sky during Old Fashioned Days. 

Mr. Hoy said he serves on the Wright B Flyer Board and would ask that question at the next 

board meeting. He thought President Felton had a good idea and it would sure not hurt anything. 

The Wright B group went to San Antonio two weeks ago, and it was a big hoopla because the 

first flight in that city was a Wright B flyer. There are two Wright B flyers. They were afraid to 

continue flying the original Valentine Flyer (a replica of the Wright B flyer), but they have been


flying the other plane for 26 years. President Felton said her aunt took a ride in 1985 and loved 

it. She thanked Mr. Hoy for the interesting presentation and wished him a lot of luck with the 

project. Mr. Hoy thanked Council for having them and said they look forward to Council’s 

endorsement. 




Motion by Councilman Louderback, seconded by Councilman Miller, that Resolution Number 

10-I be now passed. No discussion followed. The Roll on this was the following: 



President Felton asked Mr. Percival to make sure Mr. Hoy got a copy of the Resolution. 




Planning & Zoning Commission: Councilman Caupp said a vacancy was created on 

the Xenia Planning and Zoning Commission due to Richard Jackson’s resignation in January 

2010. The City Clerk’s Office advertised the vacancy on the City’s Government Channel and 

website. One letter of interest was received from Mr. Fred Hall. As many well know, Mr. Hall 

is a former City Commissioner who served on the Board of Zoning Appeals and the Xenia 

Planning and Zoning Commission during his tenure as a City Commissioner. He did not 

interview Mr. Hall because he felt his experience could speak for itself and that he will be an 

asset to the Commission. 

Motion by Councilman Caupp, seconded by Vice President Mills, to appoint Mr. Fred Hall to fill 

a vacancy on the Xenia Planning and Zoning Commission with a term expiring on December 31, 

2010. No discussion followed. The Roll on this was the following: 



Mayors & Managers: Mayor Bayless asked Mr. Percival to share what was discussed at 

the meeting. Mr. Percival said he and Mayor Bayless attended the Mayors & Managers meeting 

a few weeks ago. The presentation was on a new program [Air Camp] in the Dayton region 

similar to Space Camp, but it will be for children who are interested in getting into aeronautics. 

The program will draw children from all over the United States. The weeklong camp will be 

held at the University of Dayton July 18 – 23 and is open to students going into the 7 th , 8 th , and 

9 th grades next school year. It is really an intensive program and should be very interesting. 

Miami Valley Regional Planning Commission: Councilman Louderback said MVRPC 

met on March 4 th and two projects were approved for Xenia. They approved $223,680 for the 

U.S. 68/Kinsey Road intersection improvements and $300,000 was approved for the Downtown


Xenia Comprehensive Streetscape Project. They also had a presentation on the 2010 census. By 

now most people should have received their census form. He received a letter saying he would 

receive the census form, he got the form, and then received a thank you postcard. To him, that 

was a wasteful expenditure of taxpayer’s money. He felt it was important for people to fill out 

their 2010 census form because that is how communities get their federal dollars. He cautioned 

people to not let anyone into their house that is going door-to-door. Census workers should have 

identification, but citizens should not let anyone in their house that they do not know. Over the 

last few weeks, some senior citizens have had door-to-door people prey on them. If residents 

have someone suspicious come to their house, they should call the Police Department. 


met on March 9 th and confirmed the following dates: 

Easter Egg Hunt will be held at Shawnee Park on Saturday, March 27 th at 10 a.m. The event is 

open for children 0 to 12 years of age. This year there is something new. The Cleft will sponsor 

an Easter Egg Hunt at Benner Field House for children with special needs. In order to help the 

City and BRACA, the Xenia Area Association of Churches and Ministries purchased 10,000 

Easter eggs. Please bring your children to the event. As children are registered, they will receive 

a ticket for a drawing to win one of the 30 Easter baskets. Coffee, donuts, and juice will be 

available at the registration desk. Bundle up and join us! 

Annual Fishing Derby will be held at Shawnee Park on June 5 th . 

Community Picnic will be held at Shawnee Park on July 18 th . 

Relay for Life will be held at Shawnee Park on August 13 th and 14 th . 

Greene County Master Gardeners and BRACA are sponsoring “Bloom with Xenia – Adopt a 

Spot.” There are 22 island beds and 36 planters available for adoption, but you can adopt more 

than one spot. She encouraged everyone to join them for this activity. More information will be 

forthcoming. 

Councilman Louderback asked when the downtown banners would be hung. Vice President 

Mills said when she last spoke with Tim Harner of Studio B Signs, he confirmed that the banners 

had been ordered. She sent an e-mail to Mr. Harner and left a phone message asking for an 

update, but she has not yet received a response from him. 

ITEMS FROM CITY COUNCIL AND MAYOR: Mayor Bayless noted at the last meeting 

she reported about the importance of the 2010 census and the fact that there is not a high rate of 

return from residents in the east end of Xenia. A group of young people from the community 

took it upon themselves to do a door-to-door canvas. She wanted to recognize those individuals 

and the adults who went along with them. They included Ferman Brown III, the Youth Minister 

from the Church of God. Individuals from United AME Church included Godfrey Day, Simon 

Harrington, Pamela Harrington, and Minister Tyrone Harrington. The young people were Mykal 

Day, Makayla Day, Jason Hall, Austin Needham, Que’shon Payne, Brad Ritzel, and Phillip 

Smith. She thought it was extremely important to get young people involved in the importance 

of the census. President Felton said they appreciate their help. 



City Manager’s Office:


Authorization to renew Life Insurance Program with new provider and amend 

benefits for City employees. Mr. Percival said as he reported a few meetings ago, they are 

increasing the group term life insurance and accidental death and dismemberment coverage for 

all City employees to $50,000. He respectfully requested that Council make two motions: 

Action 1. Authorize him to accept the renewal for group term life insurance for a period of two (2) years 

with MetLife at a rate of $.161 per $1000.00 of coverage. 

Action 2. Waive the second reading at two consecutive meetings and pass as an emergency a Resolution 

to amend the Xenia Employee Benefits Policy Statement EBM-3.11 – LIFE INSURANCE. 

Mr. Percival noted Jackie Potter, Human Resources Director, was present to answer any 

questions from Council. 

Ms. Potter said hopefully everything is self-explanatory in the agenda item, but she would be 

glad to entertain questions from Council. The life insurance coverage will be increased to 

$50,000. Staff worked with the City’s insurance agent which resulted in an annual savings of 

$8,000 from the negotiated 33% rate reduction with MetLife for the group term life insurance 

policy effective April 1, 2010 with a two-year rate guarantee. 

Motion by Vice President Mills, seconded by Councilman Caupp, to authorize the City Manager 

to accept the renewal for group term life insurance for a period of two (2) years with MetLife at a 

rate of $.161 per $1000.00 of coverage. No discussion followed. The Roll on this was the 

following: 



Vice President Mills presented a RESOLUTION AMENDING THE XENIA EMPLOYEE 

BENEFITS POLICY STATEMENT EBM-3.11 – LIFE INSURANCE, AND DECLARING AN 

EMERGENCY. 

Motion by Vice President Mills, seconded by Mayor Bayless, that the rules requiring the reading 

of a resolution at two consecutive meetings be dispensed with and this resolution be placed at 

once upon its passage. Brief comment followed. Vice President Mills thanked Ms. Potter for 

doing a good job at getting more coverage for less money! President Felton asked if employees 

were aware the life insurance benefit would be increased. Ms. Potter said yes. Mr. Percival 

noted any member of City Council that would like additional life insurance coverage should 

contact Ms. Potter. The Roll on this was the following: 



Motion by Vice President Mills, seconded by Mayor Bayless, that Resolution Number 10-J be 




Authorization to apply for ODOT Safety Grant for Progress Center. Mr. Percival 

respectfully requested that Council pass an emergency Resolution authorizing him to apply for a


Safety Grant through the Ohio Department of Transportation to abate the traffic congestion at 

Progress Center. They have been working with several different organizations to come up with a 

solution to some of the issues they are facing at Hospitality Drive, Harner Drive, Progress Drive, 

and Main Street. During the summer of 2009, City staff was approached by officials at 

American Structurepoint about the possibility of applying for safety grant monies from ODOT to 

abate these problems. Following several meetings with ODOT personnel at District 8 and the 

Central Office, they said they did not have a problem with the grant. It also has buy-in from 

MVRPC and the Greene County Engineer’s Office. 

Mr. Percival said a significant reduction in congestion could be achieved on Harner Drive if 

traffic leaving Walmart and/or Lowe’s could make left hand turns onto westbound Main Street 

thereby avoiding Harner Drive altogether AND if motorists desiring to go to Walmart or Lowe’s 

can make right hand turn “ins” from eastbound Main Street onto Hospitality Drive. In February 

2010, American Structurepoint completed the necessary study and recommended the following 

improvements be constructed to not only enhance safety but also abate the congestion problem: 

1. Add a 225-foot right turn lane for eastbound W. Main Street. 

2. Add a separate left turn lane for northbound Hospitality Drive. 

3. Install a new traffic signal at Hospitality Drive and W. Main Street. 

4. Re-align the US 35 Bypass to intersect Business 35 (i.e., W. Main Street) in a “T” intersection 

with a stop sign and eliminate the existing “merging” between the two. 

Mr. Percival said the current estimated total project cost is $770,050. The City’s estimated local 

share will be $82,404, which is slightly above the 10% commitment as it includes funds already 

expended to complete the safety study. Consequently, the City will be requesting $687,646 from 

ODOT for this project. If awarded the funds, the City will request monies for the detailed 

engineering design in 2011 with the actual construction taking place in 2012. He noted City 

Engineer Chris Berger was available for questions. 

Fully signalized 

intersection at 

35 (Main St.) 

and Hospitality 

“T” Intersection 

with stop sign 

coming off the 

by-pass 

Mr. Percival respectfully requested that Council adopt the Resolution as an emergency to meet 

the application submission date of April 1, 2010, as established by ODOT District 8. The 

Resolution that is adopted by City Council must accompany the application for it to be 

considered by ODOT. 


APPLY FOR A SAFETY GRANT THROUGH THE OHIO DEPARTMENT OF


TRANSPORTATION TO ABATE THE TRAFFIC CONGESTION AT THE PROGRESS 

CENTER DEVELOPMENT, AND DECLARING IT TO BE AN EMERGENCY. 



placed at once upon its passage. Discussion followed. Councilman Caupp said as the former 

Chair of the Xenia Traffic Commission, this has been a topic of discussion at almost every XTC 

meeting for two years. Mr. Berger has worked extremely hard on this project, which he thought 

never left his desk. The project is long overdue. It will drastically help the situation at the 

Progress Center Development and slow down traffic before it gets to Progress Drive, which has 

always been a high accident intersection. They definitely need to continue moving forward with 

this project so development can continue in that area. He thanked Mr. Berger for all his work on 

the project. The Roll on this was the following: 



Motion by Councilman Caupp, seconded by Councilman Louderback, that Resolution 10-K be 




Mr. Percival recognized Mr. Berger for working tirelessly on this project. At times when he got 

extremely frustrated with staff at ODOT, Mr. Berger took the lead and was able to shepherd this 

project through. Like Councilman Caupp said, this project has never left Mr. Berger’s desk; he 

has been working on it constantly. Everyone needs to keep their fingers crossed that this safety 

grant gets approved so we can move it forward. 

Mr. Berger thanked Councilman Caupp and Mr. Percival for their comments. When he was 

interviewing for the job, Mr. Percival brought the project to his attention. It has been a high 

priority for a while. American Structurepoint became involved in this project after one of their 

projects was not approved. The company then asked if the City needed help with anything else. 

In jest, staff responded that they needed help getting a safety grant. Officials from American 

Structurepoint stated they had helped other communities apply for safety grants from ODOT. 

Council should be aware that American Structurepoint has devoted a significant amount of staff 

time without compensation to assist the City in attaining grant funding for this project through 

ODOT. As such, they should be commended for their efforts. 

President Felton asked if American Structurepoint would be rewarded for their efforts. 

Mr. Berger said they have to go through the [competitive bidding] process, but it would be hard 

to beat American Structurepoint. 

Introduction of a Resolution for adoption of the 2010 Gateway and Wayfinding 

Signage Plan by Kinzelman, Kline and Gossman and the Gateway and Wayfinding Signage 

Participation Policy. Mr. Percival noted Kinzelman, Kline and Gossman (KKG) worked with a 

steering committee consisting of downtown merchants, other stakeholders, and City staff to look 

at the deficiencies in our signage, what was needed to correct the signage and gateways into the 

community, and how to best move this project forward. KKG met with the steering committee


four times and with individual administrative staff from the City of Xenia to complete the 

Gateway and Wayfinding Signage Plan and Gateway and Wayfinding Signage Participation 

Policy. On February 18 th , the Xenia Planning and Zoning Commission heard the presentation 

and endorsed the Plan and the Policy for Council’s approval. 

Mr. Percival respectfully requested that Council introduce a resolution adopting the Kinzelman, 

Kline and Gossman Gateway and Wayfinding Signage Plan for Phase One and the 

accompanying Gateway and Wayfinding Signage Participation Policy. Last year, City Council 

authorized him to approve a consulting contract with KKG for development of a Gateway and 

Wayfinding Signage Plan. This resolution is the first step in implementation of that process. He 

noted Community Development Director, Mary Crockett, was available for questions. 

President Felton noted under Financial Requirements for Participants it states “Any eligible 

organization that wishes to participate in the City of Xenia’s Wayfinding Signage program will 

be asked to provide financial participation in order to be recognized on the sign” and an 

example of the breakdown was provided. She asked if they would decide how many 

organizations can be recognized on the gateway sign and then break down the cost accordingly, 

or if only one organization was on the sign if they would have to pay the entire cost. 

Ms. Crockett said that is something they will have to decide if they put together one of these 

projects. She anticipates that most of the organizations will not want to pay the entire $20,000 to 

put up the sign. She thought they would definitely have to have 6 to 10 organizations participate 

in order to make it cost effective for those groups. President Felton thought this was one of the 

signs that would be erected at the gateways into Xenia, like at Main Street and Progress Drive. 

Ms. Crockett said that was correct. There is already a similar sign on U.S. 68. Since there is a 

sizeable cost associated with the gateway sign, various groups will need to be interested in trying 

to make it happen. Mr. Percival said if only one group is interested, he did not believe the sign 

would be erected because the city could not pay the upfront costs. They would need a minimum 

of 6 organizations interested before they would move forward. President Felton did not think 

there was anything wrong with the current signs. Ms. Crockett said this plan would be on-going 

phased process as they have funds available. 

President Felton said the new City logo is only on a few of the signs shown in the examples. 

They should put it on all the signs or none at all. She saw no reason for the logo to be on some 

of the signs. She asked why the logo had to be on any signs. Mr. Percival said the logo is part of 

branding the City of Xenia, but he agreed it needed to either be on all the signs or on none of the 

signs. President Felton said then they would end up with a problem. The logo needs to be on the 

bigger signs or signs on the posts only, because there is not enough room to include the logo on


street signs. Mr. Percival agreed there was not enough room for the logo on street signs and 

understood what President Felton was saying. Ms. Crockett said the signage examples were 

created by design professionals that work with KKG. Councilman 

Caupp noted an example of the street sign was included in the original 

Gateway and Wayfinding Signage Plan previously shared with 

Council. President Felton said she did not have that packet with her. 

President Felton said the problem is the amount of money they have will only do a limited 

number of signs. They want to use them in high traffic areas downtown, such as Greene 

Memorial Hospital, the County Buildings, and the Greene County Fairgrounds, but there is not 

enough money to do all the signs for everything else. Ms. Crockett said that was correct. The 

Gateway and Wayfinding Signage Plan provides a general signage system for the entire City of 

Xenia, but current funding for Phase I can only be used in the Downtown Tier Two targeted area. 

President Felton clarified the money could not be used to erect the signs that organizations, such 

as Kiwanis, could sponsor. Ms. Crockett said that was correct. Mr. Percival said that is why 

they need participations from those organizations to pay for the sign. Since there is a basic cost 

to erect the sign, President Felton thought the organizations would only be paying part of the 

costs. Ms. Crockett said the formula in the agenda report shows how they can recover the entire 

cost of the sign provided 8 organizations are interested in a gateway recognition sign. The 

upfront costs would be $2,500 per participant. 

Councilman Miller noted the gateway recognition sign example shown in the packet would 

accommodate 15 participants. Mr. Percival agreed. President Felton noted there are restrictions 

on who is eligible to be included on the sign. 

Councilman Louderback asked if they were discussing organizations such as the Rotary Club 

and Kiwanis. He asked how many organizations are on the current sign. Councilman Caupp 

said there are 8 organizations on the current sign. Mr. Percival suggested one of the gateway 

recognition signs be incorporated in the West Main Street Enhancement Project as it is being 

completed. President Felton said the City would have to pay for the sign because it is not in the 

Downtown Tier Two targeted area. Mr. Percival said they may be able to incorporate the sign 

by using some of the money from the West Main Street Gateway Enhancement Grant. 

At the February 18 th Planning and Zoning Commission 

meeting, Councilman Caupp said he wondered why 

they could not try to enhance the stone design where it 

has Xenia to match what they are going to do 

throughout the entire city with the wayfinding system 

so everything will be uniform. He thought that would 

all fall under the West Main Street Gateway 

Enhancement Grant, but the image would fit with what 

they want to do downtown. Mr. Berger felt it was too late to change the design because ODOT 

already approved Phase 1 and Phase 2 of the project, which took over 18 months to get 

approved. Councilman Caupp said he did not think they wanted to change anything shown on 

page 4.10 in the packet. It would not change the scope of the project; it would only change the 

center of the stone design to what they already have approved. Mr. Berger said that would 

require an alternative bid. Councilman Caupp did not think it would require an alternative bid 

because he was talking about painting the stone. Mr. Lewis said the stone could be ordered in a


certain color. Mr. Percival said that is obviously a separate project they will need to discuss with 

Ms. Simpson. He also understood Mr. Berger’s point about changing the design with ODOT. 

Ms. Crockett said she talked with Ms. Simpson, and she thought they could seek an alternate bid 

because it should be less expensive than planned. 

Councilman Smith said he realized this project was started before he and Mayor Bayless were 

elected. He has priced signs for his business and a local church. He did not know if the 

wayfinding signs were competitively bid, but even though the signs look really nice, the prices 

seem really high. Mr. Percival said none of the signs have been competitively bid yet; these are 

just estimated costs. Councilman Caupp said the signs shown include the price of the 

government’s new reflective coating. Mr. Percival said the prices also reflect prevailing wages. 

Councilman Caupp noted Council had a presentation tonight [in their Special Session] on 

Chapter 1294 – Supplementary Zoning Regulations that he hopes will come back for Council’s 

approval soon. They have the Gateway and Wayfinding Signage Plan in the works, and will 

soon have the Community Design Standards coming before Council. All these projects are tied 

together and are all very important in enhancing the city and how it will look in the future. They 

have to take one small step at a time. Although they will start with 15 to 17 signs in the 

Downtown Tier Two targeted area, they will not stop there. He thought it was a great project. 

All the downtown signs in the City of Lebanon look fabulous. He hopes when they start these 

projects, start changing the zoning, and enhancing our design standards, downtown Xenia will 

look as good as downtown Lebanon within 5 to 10 years. He is fully supportive of all these 

programs. 

Ms. Crockett thought it was hard for a group to semi-bid a project, but they wanted some 

ballpark prices for signs. KKG’s and Brownstone Design’s costs are just estimates because they 

do not have the final sign details. Since maintenance is critical, all the signs are designed so city 

staff can maintain them and are designed to withstand sun exposure, vehicular damage, and 

graffiti. They want a high quality product that will last for years and sign inserts that staff can 

easily change. Councilman Smith said that was a very good point – sun is hard on signs. 

Councilman Caupp introduced a RESOLUTION ADOPTING THE CITY OF XENIA 

GATEWAY & WAYFINDING SIGNAGE PLAN WITH ITS FIRST PHASE DOWNTOWN 

PLAN DEVELOPED BY KINZELMAN, KLINE AND GOSSMAN, AND THE GATEWAY & 

WAYFINDING SIGNAGE PARTICIPATION POLICY, and it was read for the first time. 

Authorization to enter into a consulting contract for services related to the 

Comprehensive Downtown Revitalization Program, Tier II – Downtown Building and 

Streetscape Program. Mr. Percival respectfully requested that Council authorize him to enter 

into a consulting services contract with Chris Wojno, LLC in the amount of $45,000 for the 

implementation of the City of Xenia’s FY 2009 Comprehensive Downtown Revitalization 

Program, Tier II – Downtown Building and Streetscape Program including related FY 2009- 

2010 CDBG Formula programs. Three persons responded to the RFP/RFQ, and Chris Wojno 

was selected by the interview team of both internal and external staff familiar with CDBG 

consulting. Mr. Wojno has expertise that staff cannot provide in-house, such as environmental 

reviews, lead based paint assessments, and design services. No general funds will be used in 

this contract; only HUD grant funds for soft costs and administration will be utilized.


Motion by Vice President Mills, seconded by Councilman Louderback, to authorize the City 

Manager to enter into a consulting contract with Chris Wojno, LLC in the amount of $45,000.00 

for the implementation of the City of Xenia’s FY 2009 Comprehensive Downtown Revitalization 

Program, Tier II – Downtown Building and Streetscape Program including related FY 2009- 

2010 CDBG Formula programs. No discussion followed. The Roll on this was the following: 

Ayes: Mills, Caupp, Louderback, Miller, Smith, and Bayless 


Items for the City Manager: Mr. Percival reminded citizens there is a 40-minute video 

running on Channel 5, YouTube, and the City’s website regarding questions they may have 

about the May 4 th levy. He encouraged citizens to watch the video that they hope will address 

many of the questions people have regarding the upcoming levy. If citizens have specific 

questions, please call him or Mr. Bazelak at City Hall, and they will do their best to answer their 

questions. 

Councilman Louderback asked for an update on the Buxton contract. Mr. Percival said 

yesterday he met with a gentleman from Buxton who was here from Texas. They sent all the 

letters and packets of information to the 15 businesses that were identified [as good matches] and 

have received responses from a few of those businesses. He is currently following up with them 

to set up appointments so when he is at the ICSC he can have face-to-face meetings and go 

through the City of Xenia’s information with them. So far it is going really well. Councilman 

Louderback asked if they have had some interest. Mr. Percival said yes. 

Councilman Louderback asked for an update on the Hooven and Allison clean-up. Mr. Percival 

said they are still in the middle of Phase 2. Soil samples have been taken and are being analyzed. 

They should have the official report in time to meet the July 1 st deadline to be able to apply for 

funds for the cleanup. 

Councilman Louderback asked what phone number citizens should call to report potholes. 

Mr. Percival said citizens should call the Public Service Department at 376-7260. Councilman 

Louderback said after this winter he has seen a lot of potholes. Mr. Percival agreed there are a 

significant number of potholes due to the freezing and thawing this winter. President Felton said 

it will be awhile before staff can get to the potholes. 

Councilman Caupp asked if they determined who was responsible for repairing the guardrail on 

U.S. 35 west of Progress Drive. Mr. Percival said he was still awaiting the accident report from 

the Ohio State Patrol because they took the report. To the best of his knowledge, it should be the 

State of Ohio’s responsibility to repair the guardrail. However, since he does not have the 

accident report, he does not even know the name of the person that caused the accident. 

Councilman Caupp asked if street sweeping had begun. Mr. Percival said yes. This week staff 

did street sweeping in the Market Street area. They are trying to post big signs at the entrances 

to neighborhoods so people know when staff will be there, and if possible, so residents can move 

their cars off the street so staff can do a good job. They try to post signs a week before street 

sweeping in each area will begin. President Felton said the street sweeping is taking longer to 

complete due to the volume of grit on the roads. Councilman Caupp asked if both street 

sweepers were being utilized. Mr. Percival said yes. Councilman Smith asked if the gravel


collected from the street sweepers was recycled or just dumped. Mr. Percival said the gravel 

collected has to go to a federally approved landfill because it is considered waste. 







Items for the Finance Director: Councilman Caupp asked if the IT Department 

contacted AT&T to find out what the city needs to do to get the Xenia government channel 

offered on the U-verse cable system. Mr. Bazelak said the IT Manager has spoken to AT&T. 

The issue is they would need another internet connection and there is a cost associated with that. 

Councilman Caupp noted he raised the question at the February 11 th Council meeting. 

Mr. Bazelak said they would need to find out what kind of in-roads AT&T has made. He knows 

AT&T is in the market to some degree, but they will need to do a cost benefit analysis based on 

the number of units they want to spend the dollars on relative to the number of units they 

currently have. If there is some penetration into the market, then it may be more advantageous at 

that time to take a look at it. Councilman Caupp said there are currently seven communities on 

the AT&T U-verse system. Maybe they can contact those other communities to find out how 

they did it. 

President Felton asked Mr. Bazelak to share the hours the Income Tax Office is open. 

Mr. Bazelak said the Income Tax Office customer service hours are Monday through Friday, 

9 a.m. to 5 p.m. They will have extended hours on Thursday, April 15 th from 8 a.m. to 6 p.m. 

Due to budget constraints, the office will not be open on Saturday mornings or until 6 p.m. the 

week of April 15 th as they have done in years past. President Felton asked if staff was assisting 

citizens who need help with preparing their City income tax form. Mr. Bazelak said obviously 

staff will assist tax payers with preparing their returns. The Accounts Receivable Manager has a 

station set up in the lobby of City Hall to help citizens just like she has done the past two years. 

They will discuss providing additional help on April 14 th and 15 th in order to reduce the lines 

since it gets extremely busy around that time of year. President Felton noted VITA provides free 

assistance with preparing tax returns at the Greene County Library. Citizens can call the library 

to find out the hours volunteers are available. 

Mr. Lewis asked Mr. Bazelak to discuss who must file a Xenia City tax return, whether or not 

they owe federal taxes, which seems to be a routine issue with people. Criminal charges are filed 

against people who do not file a Xenia City tax return, but people often think they do not have to 

file because they did not owe federal taxes. Mr. Bazelak said Xenia is a mandatory filing city, 

but there are some exceptions. If you have no taxable income or are over the age of 65, there is a 

process where you can call the Income Tax Office and the account will be inactivated. Those 

that must file are Xenia residents 18 years of age or older even if they have no city taxable 

income; Xenia residents 16 and 17 years of age working at jobs where Xenia City tax is not fully 

withheld; and any business within the City of Xenia even if the business has a loss (a rental unit 

within the city is considered a business within the city).


President Felton asked if the City taxes retirement income. Mr. Bazelak said the City of Xenia 

does not tax retirement income, Social Security payments, interest, or dividends. Mr. Percival 

said the City Income tax is only on earned income. The City does not collect or administer 

Xenia City School Taxes. School taxes are collected and administered by the State of Ohio. 

Councilman Louderback asked if you have to file a City income tax return if you retired at age 

55. Mr. Bazelak said people age 55 must file a return. Taxpayers age 65 or older with no city 

taxable income do not have to file a return. Taxpayers age 65 or older who do not have city 

taxable income but receive mailings from the City of Xenia Income Tax Division need to contact 

the office to update their filing status. Some people who retire before age 65 get a second job or 

may have rental income. A few years ago, they determined that taxpayers age 65 or older would 

not have to file a City income tax return. Councilman Louderback recalled that the City of 

Xenia’s income tax revenue was down 7% last year. Mr. Bazelak said the City of Xenia’s 

income tax revenues was down close to 7% last year and down 1.5% the year before. 



Second Readings of Ordinances and Resolutions: None. 


READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller said last 

night he was asked to be a celebrity griller at BD’s Mongolian Grill at The Greene to raise 

money for Caesar's Ford Theater Inc., a new non-profit 501(c)3 organization to open up at the 

former Blue Jacket Amphitheater. The organization would like to raise money for single, 

outdoor performances. He prepared food on the 600 degree, 7-foot grill and it was hot! Four 

years ago, he had two miracles show up at the hospital … his twins will be four years old on 

Tuesday! 

Councilman Smith said there are a lot of activities in Xenia this weekend. He is missing his 

daughter’s performance in Me and My Girl put on by the Xenia High School Music and Drama 

Department tonight, tomorrow and Saturday night. Tickets are $8.00 each. The Old Time Radio 

Show will be at X*ACT this weekend at 7:30 p.m. on Friday and Saturday, and 3 p.m. on 

Sunday. The Friday night performance is sold out. Further information on the event is available 

on the City’s Facebook site. Many spring sports are beginning at Xenia High School. The Xenia 

High School Varsity Hip Hop teams will be performing at a national competition in Las Vegas in 

April, and he wished them a lot of luck. Because the trip to Vegas is expensive, the teams are 

asking for sponsorships and any donation would be helpful. 

Mayor Bayless said on Monday, she and former Mayor Pennewitt traveled to the Dayton 

Masonic Temple to welcome the troops home from Iraq, and that was a great event! She read in 

the Xenia Daily Gazette where the owner of All Sports Grille will soon have nationally known 

musicians performing to draw patrons into Xenia which is always exciting. On Tuesday, she did 

the ball toss at the 5 th grade girls basketball tournament game. It was exciting and something she 

had never done before. She received an e-mail from a parent who lives quite a distance from 

Xenia. The mother and father wanted to tell her how much they appreciate our Police


Department and how they had gotten through a very distressful situation. She described the 

situation and then said “Words cannot express the relief her father and I had knowing that our 

daughter’s safety was taken seriously. The hardest thing as a parent is letting your children 

move away. However, knowing that she made the decision to move to your city and the quality 

of your Police Department has made this a much easier transition. I cannot thank your Police 

Department enough for helping our family.” She also read in the Xenia Daily Gazette that the 

Xenia Community Schools and the Police Department may be participating in sharing property. 

Vice President Mills said she also tossed out a basketball during March Madness in Xenia and it 

was the Final Four. On Monday night, the Xenia Christian girls 5 th and 6 th grade basketball 

teams beat Arrowood and Cox Elementary Schools, respectively. The Tecumseh 5 th grade boys 

basketball team beat Simon Kenton and the Shawnee Elementary 6 th grade boys team beat 

Arrowood. She congratulated everyone who has made this first year [after the transition from 

the City of Xenia Recreation Program] of the Youth Basketball League a success. She reminded 

everyone that Xenia Community Schools are on spring break so please watch out for children. 

The Easter Egg Hunt is this Saturday, so please attend. She wished everyone a “Happy Easter!” 

Councilman Caupp said last weekend in the Neighbor’s Section of the Dayton Daily News, 

seven Xenia High School students were recognized for attending the State Latin Convention in 

Columbus and the students brought home six top honors. Over 600 students from 41 schools 

participated. He thanked the Dayton Daily News for putting a nice color photo of the students on 

the front page of the Neighbor’s section of the paper. Our local Xenia Daily Gazette buried the 

article in the back of the paper. The Xenia Area Chamber of Commerce is taking registrations 

for the annual spring golf outing on May 19 th . He and Councilman Louderback will be in 

attendance to defend their title so anyone that wants to take them on should register. 

Councilman Louderback said they have been in last place for two years! 

Councilman Louderback noted the Greene County Dailies finally changed the name back to the 

Xenia Daily Gazette. The Xenia Daily Gazette is a Pulitzer Prize winning newspaper and he was 

glad they brought the name back. 

President Felton had nothing further to share. 



following: 








April 8, 2010 


7:00 p.m. 

The Xenia City Council met in a Regular Session on April 8, 2010, at 7:02 p.m., in the City 



INVOCATION: Will Urschel, Emmanuel Baptist Church Xenia, gave the invocation after 



Mills, to approve the March 25, 2010, Regular Session minutes as written. No discussion 




(The March 25, 2010, Special Session minutes were held in abeyance.) 

SPECIAL PRESENTATIONS: 

Don Robinson, Ohio River Road Runners Club. Mr. Robinson said the Ohio River Road Runners 

Club is dedicated to promoting running and supporting the local running community in and around 

Dayton and the Miami Valley. Founded in 1966, they are a 100% all-volunteer 501(c)(3) Ohio Non- 

Profit club and a member of the national RRCA. They have 900 families, but a membership of 2,000, 

and operate in Warren, Clark, Montgomery, Clinton, and Greene Counties. They sponsor five events in 

Greene County and one in Xenia. 

Their 43rd Annual ORRRC Marathon and 21st Annual ORRRC Half Marathon will be Sunday, April 11 

2010, 8:30 a.m. to 3:30 p.m. beginning at the Xenia YMCA. They found the YMCA by accident when 

they were looking for a venue three years ago. He was talking to the [former] YMCA Director, Larry, 

who suggested they hold the race there. As a side note, he mentioned that the YMCA’s Strong Kids 

campaign exceeded their goal because of the great support from Xenia residents. The YMCA is a little 

jewel in downtown Xenia. As of Sunday, they had 661 runners pre-registered, which is 100 more than 

last year. Come out Sunday and see what it looks like to have 1,000 volunteers and runners milling 

around Church and Edison. Some marathoners like to run a marathon in every state. People are coming 

from 19 states and as far away as California. He has run marathons in all 50 states. For information on 

other races, visit the website www.marathonguide.com. The marathon in Xenia has many favorable 

comments on that website. It is Ohio's oldest marathon and also the best, lowest cost, low-key marathon 

around. The marathon is an accurate/road-marked/chip timed/certified/Boston-qualifier course. The 

Xenia Police Division is great at helping with the event. In fact, Xenia’s own Sgt. Steve Lane and his 

wife will run their first marathon this year. 

LOCATION: The event starts and finishes at the Xenia YMCA (135 E. Church Street). The course will 

start north on Edison Boulevard and continue north on Church Street to Hill Street where runners can see 

Bob Louderback’s wild animals. Eventually, runners will get back on the bike path, go to downtown


Cedarville, and return to the YMCA. The run is a nice run on flats and hills on a mixture of roads and 

paved recreation paths. 

EVENTS: Choose to participate in either a full marathon (26.2 miles) or half marathon (13.1 miles) 

VOLUNTEERS: Without the unselfish dedication of so many volunteers, this event would be 

impossible. He noted Councilman Louderback will fire off a blank to start the race this year. 

Councilman Louderback said the race brings a lot of people to Xenia and is very good for our 

local economy. It is an amazing sight to see all the people lined up for the race. Mr. Robinson 

said they did not do much marketing this year because they cannot dump 2,000 people on the 

bike path since safety is their number one concern. He estimated they will have 800 runners this 

year. 

Councilman Miller said he ran extensively in high school and college. Running on a road course 

is much different than running on a cross-country course. One of the benefits Xenia has is the 

bike path, but a lot of people may not notice it until it is gone. The bike path is sustainable and 

used by a lot of different communities, which is one example of how Xenia can help. 

Greene County Family Violence Prevention Center (FVPC). Donna Sizemore, Executive 

Director: 2009 Service Statistics for Xenia Residents. Ms. Sizemore thanked Mayor Bayless 

and Councilmembers for allowing her to present the 2009 program service statistics for 2009. 

She then proceeded with her PowerPoint presentation to present a Summary of 2009 Programs 

and Services. 

Mission: “We light the path to living violence free by responding, supporting and providing safe 

housing to victims of family violence; by informing Greene County citizens of the impact of 

family violence; and by revealing ways to prevent and overcome its consequences.” 

Vision: Violence Free Futures 

Core Values: Agency Focused—Respect, Integrity, Compassion 

Client Focused—Independence, Courage, Strength 

Programs and Services:


PREVENTION: HB 19 – The Tina Croucher Act was signed into law on December 28, 2009. 

SAFE HOUSING: Safe House Clients numbers were up in 2009 as well as the number of days 

they stayed in the shelter. She noted each jurisdiction helps one another; for example, if they are 

full, another house will shelter a Greene County family and vice versa. 

INTERVENTION: A Xenia Police Division DIVERT Detective works in conjunction with 

them. The detective goes out with one of their crisis response specialists when responding to 

domestic violence dispute. They are concerned that the number of domestic violence cases have 

almost doubled.


Healthy Homes – Participants by Location: Healthy Homes is an 8-week class that teaches them 

how to understand what a healthy home should be … how to communicate, make healthy 

choices, etc. Through the DIVERT and Healthy Homes program, they have an 85% success rate 

with those individuals (i.e., no reoccurrence of domestic violence in a 6-month timeframe). 

President Felton said she remembered when no one was supposed to know that the shelter was 

located on W. Second Street. Now everyone knows where the FVPC is located and about the 

DIVERT officer. 

Ms. Sizemore also reviewed OUTREACH slides that denoted their number of speaking 

engagements in 2009, their volunteer program, and their adopt-a-family program for the 

holidays. She concluded with sharing their challenges and successes in 2009 and goals for 2010, 

including several fundraising events (a Funny Bone event, a 5K walk, a garage sale, and a 

Zumba-thon): 

2009 Challenges 2009 Successes 

Looking Ahead to 2010


Ms. Sizemore said the ladies from the shelter still remember when Councilman Miller brought 

flowers for all the ladies, and they wanted her to thank him. Councilman Miller said that was 

some time ago. When the shelter was located on W. Second Street, he used to get knocks on his 

door from men looking for their spouse at strange hours, which did not bother him one bit–he 

told them to call the Police Department and find out, but the men left quickly after that. 

Councilman Miller said one thing Ms. Sizemore did not mention was about FVPC’s partnership 

with the Xenia Goodwill store. Any saleable item can be brought to the Xenia Goodwill store on 

behalf of the FVPC. Goodwill provides a receipt with every donation for tax purposes and those 

receipts can then be given to FVPC. In exchange, gift certificates are then issued to FVPC based 

on the number of donations they receive in FVPC’s name. This program is extremely helpful to 

their clients and allows them to independently shop for things that they need. As often as 

possible he provides his Goodwill receipts to the FVPC. 



Ashley Knowlton, 1071 Santa Monica Avenue, Springfield said she is a mother of three children 

and a runner so she picked a perfect evening to come to the Council meeting. She wanted to stop 

by, introduce herself, and hear about what is important to everyone present. She is a Republican 

running for the State Central Committee 10 th Senate District, which encompasses Greene, Clark, 

and Madison Counties. She has been trying to visit as many places as possible to hear what is 

important to local communities and what local communities are doing so she can be better 

prepared to represent her district in Columbus. 


Traffic Commission: Councilman Smith said the Traffic Commission met on Monday, 

April 5 th . City Engineer Chris Berger is working on two requests from citizens and will report 

back at the next meeting on decisions regarding those requests. He was glad to report that a “No 

left turn” sign has been erected across from Little Main Street and Orange Street to deter illegal 

left turns at that intersection. The XTC has a few other projects it is working on and he will have 

more to report at the next XCC meeting. 

Councilman Louderback said he gets several calls weekly about the traffic signal timing going 

east and west in the city. He knows what the callers are talking about because he often travels 

east and west from Ankeney Mill Road to Second Street. Those traffic signals need to be 

retimed. President Felton said she has problems with the traffic signal timing going north and 

south because she cannot get through the intersection at Second and Orange Streets. Councilman 

Caupp said tonight it seemed like it took him forever to make the left turn at Main and Detroit 

Streets. President Felton said she did not have any problems making the left turn tonight because 

she was the second car in that lane; however, it seems like she usually has to wait a long time. 

Greene County Regional Planning Commission: Councilman Caupp said there was 

nothing to report because there was no meeting. 

Board of Zoning Appeals: Mayor Bayless said there was no meeting due to lack of 

agenda items.






American Recovery and Reinvestment Act (ARRA) Justice Assistance Grant (JAG) 

Equipment Purchases. Mr. Percival noted in late 2009, the Xenia Police Division applied for 

and received an American Recovery and Reinvestment Act Justice Assistance Grant. Two items 

in the grant are five Radar Speed detection units and ten Taser units. Both items are available 

through the Ohio Department of Administrative Services State bid process. He noted Police 

Chief Randy Person was available for questions. 

Mr. Percival respectfully requested that Council take two actions: 

Action 1. Authorize the City’s participation in the State of Ohio Cooperative Purchasing Program for the 

acquisition of ten (10) X26E Taser units, and authorize him to execute a purchase order to Vance’s Law 

Enforcement for $7,959.50. 

Action 2. Authorize the City’s participation in the State of Ohio Cooperative Purchasing Program for the 

acquisition of five (5) BEE III Radar Units, and authorize him to execute a purchase order to MPH 

Industries for $10,675.00. 

Motion by Councilman Louderback, seconded by Vice President Mills, to authorize the City’s 

participation in the State of Ohio Cooperative Purchasing Program for the acquisition of ten (10) 

X26E Taser units, and authorize the City Manager to execute a purchase order to Vance’s Law 

Enforcement for $7,959.50. Discussion followed. 

Councilman Caupp asked the life span of a Taser. Chief Person said it depends. Since the 

equipment is worn by the officer his entire shift, the life span depends on how often the unit gets 

hit or bumped. The second purchase they made for $160 was a back-up battery that gives them a 

3-year warranty on the Taser unit. If anything goes wrong in that 3-year period, they send the 

unit back and the company replaces it. If something goes wrong with the unit after that 3-year 

period, a $700 Taser may cost $500 to repair, which makes no sense. Councilman Caupp asked 

if they continue to use the old Taser units until they quit working and then dispose of them. 

Chief Person said they are still using the units they purchased several years ago. When they 

applied for the grant, they were down four Taser units, but they are now down seven units. The 

ten X26E Taser units they are purchasing will give them three surplus units. Councilman Caupp 

asked what they do with the old units. Chief Person said they first call the company to see how 

much it will cost for repairs. If repairing the units is not cost effective, then they dispose of 

them. If the cartridge is good, it can be used on another working Taser. 

Councilman Louderback noted this is a 100% grant with no match required. Chief Person concurred. 





Motion by Councilman Caupp, seconded by Councilman Miller, to authorize the City’s 

participation in the State of Ohio Cooperative Purchasing Program for the acquisition of five (5) 

BEE III Radar Units, and authorize the City Manager to execute a purchase order to MPH 

Industries for $10,675.00. No discussion followed. The Roll on this was the following: 



Emergency Ordinance to Authorize the City Manager to renew the City’s Property 

and Casualty Insurance. Mr. Percival noted the City’s Property and Casualty insurance 

program is through the Ohio Government Risk Management Plan (Ohio Plan) administered by 

Swartzel/Affiliated Insurance Service. The City has been a member of the Ohio Plan since the 

early 1990’s. The Ohio Plan Advantage is based on the following two criteria: (1) members’ 

five-year ratio calculated at the end of the development period; and (2) members’ risk 

management performance evaluated at the end of the development period. The Plan Advantage 

is based on a 100-point system with the granted amount being a percentage of the members’ 

combined score of the two items above. In 2008, the premium was $295,161, and in 2009 the 

premium was $267,727. Through negotiation and by virtue of the advantage credit, the total 

premium for 2010 is $212,347. The City will have the same insurance and did not have to raise 

deductibles. The overall savings to the City this year is $55,380. 

Mr. Percival respectfully requested that Council make two motions: 

Motion 1. Waive the reading of an ordinance at two consecutive meetings and pass as an emergency an 

ordinance waiving competitive bidding and authorizing the City Manager to accept the renewal quote and 

issue a purchase order for the City’s Property and Casualty program from the Ohio Plan and 

Swartzel/Affiliated Insurance Service in the amount of $212,347. 

Motion 2. Authorize the Finance Director to disburse payment. 

Councilman Miller presented an ORDINANCE WAIVING COMPETITIVE BIDDING FOR 

THE RENEWAL OF THE PROPERTY AND CASUALTY INSURANCE FOR THE CITY OF 

XENIA, AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Councilman Miller, seconded by Mayor Bayless, that the rules requiring the reading 

of an ordinance at two consecutive meetings be dispensed with and this ordinance be placed at 

once upon its passage. Discussion followed. Since staff knew the insurance renewal date was 

May 1, 2010, Councilman Caupp asked why emergency passage of the ordinance was necessary 

[why didn’t it get brought forward for approval sooner]. Mr. Percival said staff worked with a 

broker to get the best rates possible, but brokers like to have as much information as possible. 

Staff received the quote the middle or end of March. Next year he could probably try to push 

that quote back to February. The reason the request is an emergency is because the timeline for 

an ordinance that is introduced, read twice, and then is effective 30 days later totals 6 weeks. 

The ordinance could be introduced tonight and Council could vote at the next meeting in two 

weeks, but it would still require emergency passage. The Roll on this was the following: 




Motion by Councilman Miller, seconded by Mayor Bayless, that Ordinance Number 10-09 be 




Motion by Councilman Caupp, seconded by Councilman Miller, to authorize the Finance 

Director to disburse payment to Swartzel/Affiliated Insurance Service in the amount of 

$212,347. No discussion followed. The Roll on this was the following: 



Items for the City Manager: Councilman Louderback said there are a lot rumors or 

bold faced lies going around town. He asked Mr. Percival if it is true that all City Union 

employees will get 11% raises if the levy passes. Mr. Percival said that is not true, but he heard 

the same thing. The City has contracts with Union employees, but there are no 11% raises built 

into all those contracts. Councilman Louderback said whoever is behind the robocalls has 90% 

of their facts wrong. We live in a democracy and anyone is allowed to disagree with Council. 

However, when 90% of the facts are wrong, he wanted the public to know if they receive one of 

those robocalls, they are flat out lies and to not take any of the information as truth. He does not 

know who is behind the robocalls, but it is very frustrating and disappointing to him. 

Councilman Miller agreed with Councilman Louderback’s comments regarding robocalls. He 

was told the City had so much money that they gave away a street sweeper and an ambulance 

and that Council gave themselves a raise. The City did not give away an ambulance or street 

sweeper and Council voted to not receive a raise. Citizens can check the record. The rumors 

you hear are unbelievable. The City of Xenia is trying to balance a budget with reduced state 

and local funding of 15%. If citizens have a problem with the reductions, call someone in 

Columbus and ask them why they took money away from the City of Xenia. On a positive note, 

as he has walked around neighborhoods, he has received nothing but positive comments about 

the great job staff is doing with street sweeping. He saw a City worker back up on the street he 

had just cleaned in order to clean it one more time because all the debris was not picked up the 

first time, which was the first time he had ever seen that. He offered kudos to the Street 

Department staff and particularly to the worker(s) running the Elgin street sweeper. Mr. Percival 

said he would share the positive comments with staff. 

Councilman Smith said as one of the newer members of Council, he and Mayor Bayless ran for 

elected office last fall to serve the City. He has met with many members of Council. He is 

getting phone calls from citizens and he appreciates those calls. City Council and the Appointed 

Officials are working to make Xenia a more friendly community and to improve its image, which 

many people brought up as an issue last year. He wants citizens to realize change takes time and 

it is something they are working on. It is not because they are not trying to get new businesses to 

come to Xenia. Economically, as a business owner himself, it is tough right now and businesses 

are not knocking on our doors to open in Xenia or anywhere. You can drive through Huber 

Heights and Dayton; they are ghost towns and they are struggling just like Xenia. He wanted 

citizens to realize it will take some time before things turn around. They are only asking citizens 

for their help because it is necessary.


Mayor Bayless said it is extremely important for citizens to complete their 2010 census form. 

People talk about wanting new businesses, but that is not going to realistically happen if our 

population is down. Word of mouth works best, so they should encourage everybody to turn in 

their census form or to provide answers to those 10 questions if a census worker comes to your 

door. She heard someone was going around talking about the City’s poor fiscal management. 

That is so far from the truth and disappointing to hear. Before she became Mayor, one of the big 

pluses about Council was that the management was excellent. She was able to dispel that rumor, 

but we need to talk about the good things in our city. We have a great city that can be better, but 

it takes everybody and it takes positive words. 

Vice President Mills said instead of seeing the glass half empty, let’s look at the glass half full. 

Everyone has heard it said that there are no parks and recreational opportunities and nothing to 

do in Xenia. After she and the Assistant City Manager met, they started making a list of 

activities in Xenia. Activities include the Easter Egg Hunt, Annual Thanksgiving Dinner, 

Community Picnic in the Park, “Music in the Park,” “Movies in the Park,” Annual Fishing 

Derby, Relay for Life, and the Downtown Christmas Event. Sporting activities include baseball, 

softball, basketball, soccer, dance classes, and the skate park. Art activities include the Rail & 

Arts Fest, Historical Society events, X*ACT, and there may soon be events at Caesar’s Ford 

Theatre. At parks we have a new walking path at Spring Hill Park, miles of bike trails, and 

playground equipment, some of which is old, but it takes money to replace it. There are also two 

stocked fishing ponds within the city limits. In addition, the Greene County Parks and 

Recreation Department and the YMCA offer numerous activities. There are also church youth 

groups, Boy Scouts, Girl Scouts, and an afterschool program at The Cleft. This city has many 

things to offer, but we sometimes do not see them because we are not looking for them. Xenia is 

a great place to live, but instead of always shooting ourselves in the foot, let’s raise ourselves up, 

but the only way we can raise ourselves up is to do it ourselves. She would like everyone to try 

to make our city better. 

President Felton said she received calls about the robocalls that Councilman Louderback 

discussed. The question she was asked is “what will the levy will cost me?”. Mr. Percival said 

the levy will raise the City of Xenia’s income tax rate from 1.75% to 2.25% on earned income 

only. All Social Security, company pensions, dividends, and interest income would continue to 

be exempt from the City’s income tax. For a Xenia household making $40,000 a year, the 

increase would cost $16 a month or $200 a year. Vice President Mills said the increase is about 

the same as a cup of coffee a day. 







Councilman Caupp noticed several times the Schedule of Bills included Bobcat equipment 

rental. He thought the city would use a Bobcat and all the different attachments quite often.


Mr. Percival they have a Bobcat at the Wastewater Treatment Plant that is used a lot, but there is 

not one at the City Service Garage. Many times they may need a small attachment to work on a 

piece of curb. It might make more sense long term to look into purchasing one. Councilman 

Caupp thought a Bobcat was a very versatile piece of equipment and was amazed that the City 

Service Garage did not already have one. 

Mr. Bazelak reminded everyone that the deadline for filing City of Xenia Income Tax forms is 

Thursday, April 15 th . The Income Tax Office hours are Monday through Friday, 9 a.m. to 5 p.m. 

The office will have extended hours on April 15 th from 8 a.m. to 6 p.m. If residents need 

assistance with completing their tax forms, come early because the office becomes quite crowded 

on April 14 th and 15 th . Councilman Louderback said Xenia is one of the few cities in the area, 

and perhaps the State, that offers that free service. 



Introduction of two (2) Ordinances to waive the competitive bidding process and 

authorizing the Law Department to purchase three licenses for CourtView and to pay the 

annual maintenance and support fees, and amend Ordinance 10-06 to make adjustments in 

appropriations to provide for the purchase of licenses, maintenance and support for 

CourtView for the Law Department. Mr. Lewis noted the Xenia Municipal Court utilizes 

CourtView, a Case Management System for all cases filed with the Court. The Court is 

upgrading the software, which among other features will have an administrative user-tracking 

module that will restrict the number of users who can access the system. Currently, there are 

twenty-nine (29) users on that system of which twenty-two (22) are with the Court and seven (7) 

are in the Law Department. The Court is only purchasing the twenty-two (22) licenses they 

need. Therefore, the Law Department will need to pay for licenses in order to have access to 

CourtView when the new version is installed. CourtView is proprietary software that his office 

uses daily to track all cases filed in the Court and also how they electronically download all 

filings attached to the case since the Court is trying to go paperless. CourtView is an essential 

function to operate the Prosecutor’s Office. The Law Department did not have to budget funds 

for licenses in the past to use CourtView. Because of the upgrade, the Court informed the Law 

Department on March 30 th that they would have to pay the license fee to continue to use the 

service. He wanted to emphasis that the owner of the software and not the Court was requiring 

the license fee. The purchase of each license is $2,633, plus an annual maintenance and support 

fee of $891, for a total of $3,524 per user. The Law Department has CourtView installed on 

seven (7) computers, but they will try their best to make do with having it installed on three (3) 

computers. All three Victim Advocates, the Paralegal, and Management Analyst use the system 

daily. 

Mr. Lewis respectfully requested that Council take two actions: 

Action 1. Introduction of an ordinance amending Ordinance 10-06 to make adjustments in appropriations 

for current expenditures of the City of Xenia, Ohio, during the fiscal year ending December 31, 2010, to 

provide for the purchase of licenses, maintenance and support for CourtView for the Law Department and 

Victim Advocates for one year for $10,572.00.


Action 2. Introduction of an ordinance waiving the competitive bidding process for the purchase of three 

software licenses and the annual maintenance and support for CourtView, and authorizing the Law 

Department to purchase three licenses and pay the annual maintenance and support fees for CourtView. 

President Felton entertained questions from Council. Councilman Louderback asked what the 

system was called that the Greene County Courts use on their website. Mr. Lewis said that 

version of CourtView is for the public to use, but it has very limited access. Xenia Municipal 

Court also has that version of CourtView. The multitude of features the Law Department needs 

is not available through the public access version of CourtView. 

Councilman Caupp asked if the $2,633 was an annual fee. Mr. Lewis said no; it is a one-time 

license fee that is required until the next time CourtView upgrades the software. The annual 

maintenance and support fee of $891 is a per user fee. 

Councilman Miller introduced an ORDINANCE AMENDING ORDINANCE 10-06 TO MAKE 


OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010, and it was 

read for the first time. 

Councilman Miller introduced an ORDINANCE WAIVING COMPETITIVE BIDDING FOR 

THE PURCHASE OF THREE SOFTWARE LICENSES AND THE ANNUAL 

MAINTENANCE AND SUPPORT FOR COURTVIEW, and it was read for the first time. 

Mr. Lewis said they are applying for grant funding to purchase additional licenses and to 

compensate for the ones they have to buy, but that will take some time with no guarantee the 

grant will come through. He would have waited to request funds for the licenses, except the 

licensing agreement has to be executed within 60 days, and he did not think they would find out 

about the grants within that 60-day time period. 


RESOLUTION ADOPTING THE CITY OF XENIA GATEWAY & WAYFINDING 

SIGNAGE PLAN WITH ITS FIRST PHASE DOWNTOWN PLAN DEVELOPED BY 

KINZELMAN, KLINE AND GOSSMAN, AND THE GATEWAY & WAYFINDING 

SIGNAGE PARTICIPATION POLICY, and it was read for the second time. 

Motion by Councilman Caupp, seconded by Vice President Mills, that Resolution Number 10-L 

be now passed. Brief comment followed. President Felton said she always votes no on this 

Resolution and nobody understands why. She is tired of the federal government telling them 

they have to follow federal mandates, which cost more. She would not mind the signs but 

objects to the extra costs involved, which is why she votes no. She is frustrated and a lot of other 

people are as well. The Roll on this was the following: 



Councilman Miller said this is one of those unfunded mandates where they put their thumb on 

our backs. All that federal money everybody is going to give away to the government on 

April 15 th that is supposed to come back to us actually does not. They tell us in Washington,


D.C. that we have to buy new signs that have to look pretty and be reflective, but it is an 

unfunded mandate that the federal government makes us pay for out of our pockets, which is 

coming out of your pockets. It comes down from the state and federal governments and they are 

nickel and diming us to death. They are mandating our local schools to have all day 

kindergarten, but our schools are not large enough to do it. Now they are going to put a law on 

the books that you can opt out of the mandates. If they would have just not put the mandates in 

there in the first place, they would not have to create another law. It is ridiculous! Ohio has to 

pay $1 million for signs to tell you how they are spending your American Recovery and 

Reinvestment Act money. 

Mayor Bayless said she received several questions about the restrooms at city parks being 

closed. She did not think people understood that the City used to be able to use community 

service workers to help at parks. She asked Mr. Percival to explain what was going on with the 

restrooms. Mr. Percival said they used to get one or two community service workers from the 

Greene County Jail to help with all the landscaping downtown and at the parks; however, that 

program is no longer available. They are looking at a few other programs for some part-time 

help. Further, the city eliminated the Parks and Recreation Department as well as one staff 

person who worked in the parks. He would be more concerned about opening the restrooms and 

then having to close them. He will know by the end of next week if they will be able to have the 

restrooms open consistently. 


READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller, Councilman 

Smith, and Mayor Bayless had nothing further to share. 

Vice President Mills announced that Saturday, May 15 th is Volunteer Day in downtown Xenia 

and also the day the Greene County Master Gardeners and BRACA will launch the “Bloom with 

Xenia … Adopt-a-Spot” Program. [Meet at 9 a.m. in front of City Hall.] There are 22 island 

beds and 36 planters available for adoption to plant whatever you like. If you adopt a spot on 

May 15 th , mulch will be provided and all trash and weeds will be picked up. Wooden signs with 

the volunteer’s name will also be available. She also heard there may be a contest for the best 

maintained spot, the spot with the most pizzazz, and the spot that is most improved. She will 

have more details on the May 15 th event later. 

Councilman Smith asked if this was the same program as “Adopt a Spot” programs on highways. 

Vice President Mills said no; that program is about picking up trash along roadways. The 

“Bloom with Xenia … Adopt-a-Spot” is a beautification program for downtown Xenia where 

volunteers adopt a flowerbed or island and plant flowers and ensure the areas are maintained. If 

they get more volunteers than are needed downtown, they will include Shawnee Park. 

Councilman Caupp asked if a press release or letters on the May 15 th Volunteer Day would be 

sent to downtown businesses to encourage their participation. He thought the flowerbeds at Fifth 

Third Bank looked terrible. Volunteers from their businesses could be encouraged to make their 

flowerbeds and shrubs look a little nicer. Tonight he noticed how nice the flowerbeds, grass, and 

shrubs looked at Kentucky Fried Chicken. Vice President Mills said the Beautification Awards 

program was created to encourage Xenia residents and business owners to maintain their 

properties in an attractive manner, and that program should begin soon. Anyone can nominate


someone or themselves for an award. BRACA is meeting Tuesday, April 13 th and the Board will 

approve the flyer, letter, and application form for the May 15 th Volunteer Day and “Bloom with 

Xenia … Adopt-a-Spot” program. Flyers will be shared with schools, churches, businesses, and 

organizations to encourage them to participate. President Felton suggested BRACA contact the 

Chamber of Commerce and ask them to send out information to all their members through their 

e-mail list. 

Councilman Caupp said it is important that we take pride in our city. Council is trying to improve 

the city’s image. It is important that residents take some ownership by cleaning up their own 

properties, fertilizing their lawns, trimming their shrubs, and doing the little things to add curb 

appeal to our city. He is in favor of mentioning businesses that are good corporate citizens and 

making our town attractive and is not scared to point out businesses that look bad. Little Caesar’s 

Pizza is remodeling the outside of their building. The city did not like their preliminary plan, but 

staff worked with them and in the end the city got a better product. Little Caesar’s is located on a 

corner that gets a lot of traffic, and it will look a lot better than it did. That is the kind of businesses 

we want in Xenia—the ones that will work with us to help improve our downtown. 

Councilman Louderback said in a recent publication of “America’s Top 50 Bicycle Friendly 

Cities” Columbus was the only Ohio city mentioned, and they were 34 th . He thought if any city 

should be in the top 50, it should be Xenia. The Xenia Station parking lot is filled with bikers on 

Saturdays and Sundays. There are procedures to follow to be designated a "Bicycle Friendly 

City", which he thought they were in the process of getting that designation. 

President Felton said in follow-up to the comments made about maintaining yards, she noted 

many people know Liz Duteil, the City’s Code Enforcement Officer who drives around taking 

pictures and telling people when they don’t do what they are supposed to do, such as cutting their 

grass, have junk cars, etc. Some people don’t like Ms. Duteil too well because she does her job. 

Spring is here and the City of Xenia will be having a Spring Cleanup Week in May. 

Mr. Percival thought Spring Cleanup Week was scheduled for the first week in June. President 

Felton asked residents to get their stuff ready for pickup during Spring Cleanup Week. They will 

take just about anything residents put out; it does not have to be just a few items. Winter is over, 

spring is here, and staff can only do so much. Residents have to take care of their own property 

and take pride in it. She encouraged residents to call staff if they see a backyard full of junk or a 

car sitting on the street with flat tires. We have people who will take care of those things, but 

residents need to help us maintain this city. On a positive note, she is always amazed that people 

in Xenia show respect for funeral processions by pulling over and stopping their cars, and she 

thanked everyone who does that. 



following: 








April 22, 2010 


7:00 p.m. 

The Xenia City Council met in a Regular Session on April 22, 2010, at 7:00 p.m., in the City 


Dale Louderback, William R. Miller, Wesley Smith, and Patricia L. Felton. 

Marsha J. Bayless was absent. 

INVOCATION: Rev. Kenneth Moore, Pleasant Grove Missionary Church, gave the invocation 

after which all joined in the Pledge of Allegiance. 

Motion by Vice President Mills, seconded by Councilman Miller, to excuse Mayor Bayless from 

the meeting. No discussion followed. The Roll on this was the following: 

Ayes: Mills, Caupp, Louderback, Miller, Smith, and Felton 



Mills, to approve the March 25, 2010, Special Session minutes as written. No discussion 




Motion by Councilman Louderback, seconded by Vice President Mills, to approve the April 8, 


following: 





Police Chief Randy Person said he was present tonight to celebrate because too often we do not 

celebrate the successes we have as a city. As Police Chief, he could not be more proud regarding 

two items. The city received national news about the missing young lady. He is proud of the 

officers who took the initial complaint because they did not insist that the family wait 24 to 48 

hours before beginning their investigation. Information was immediately entered into the law 

enforcement data system that resulted in the Kettering Police Department finding her car which 

launched them on their investigation. Dispatchers handled several hundred telephone tips and 

filtered them so that only the necessary things got to detectives. Capt. Scott Anger is a 

wonderful supervisor and did a great job of handling the media. He is impressed by Capt. 

Anger’s growth and administrative and leadership skills. He watched four detectives take 

obscure leads (things that did not make any sense whatsoever), and in five days locate and check 

on the welfare of an individual who did not want to be found. Through the tenacity of Xenia,


Kettering, and Beavercreek Police Departments and the efforts of Patterson Park Church 

volunteers (who initially got the video that helped them get to the end of this ordeal), he was 

amazed at what they did. By Thursday, Capt. Anger was tired of handing the media, so Capt. 

Doug Doherty stepped up and took over the Information Officer duties. He believes the Xenia 

Police Division personnel were completely professional. 

Chief Person said a team of assessors from the Commission on Accreditation for Law 

Enforcement Agencies (CALEA) arrived in Xenia on Saturday, April 17 th . One of the assessors 

in charge of a detective section sat in on their briefing Sunday morning, and they explained what 

they planned to do on the investigation and the paths they planned to take. The assessor’s 

response was “Not only did you think of everything I thought of, but you thought of three or four 

things that we did not.” Chief Person said he could not say enough about the fine job everyone 

did on the investigation that brought them to the point where they could tell the family that their 

daughter was safe and that she chose to be where she was. 

Chief Person said the Xenia Police Division has earned the right to call itself an accredited 

agency since 1993 - a highly prized recognition of law enforcement professional excellence that 

less than 5% of police departments in the country receive. Once every three years, the Xenia 

Police Division is required to allow professionally trained assessors, administrators, and leaders 

from outside the state review over 700 policies on procedures, management, operations, and 

support services. The Division is granted accreditation on three things: how many mandatory 

policies they were not in compliance with, how many file maintenance issues they have, and 

applied discretions (how often do they have to tweak their policy to meet the spirit of the policy 

or procedure but they do not exactly have it right). They scored a perfect score this year. He 

gave accolades to his entire department and especially the Accreditation Program Manager for 

the Police Division, Christina Shaw. When the CALEA did an exit interview Tuesday, one thing 

they could not believe was how efficiently they worked in the space allocated and the resources 

they had available. One of the Captains said when he goes back to his own department, he is 

always asked what he thought of that Police Department. His answer is always, “Would I hire 

someone from your department? If the Xenia Police Department was closer, he would have a 

recruit trailer out front because he would hire anyone from this department.” Chief Person said 

he is very proud of the Xenia Police Division and for the job they did over the last five days. 

(Applause followed.) 

Michael Engle, 2327 Monterey Drive, Xenia said he is Treasurer of Citizens for Xenia. 

Everyone is aware that the city is facing a significant financial crisis which will cause the loss of 

services to this city if Issue 7 does not pass on the May 4 th ballot. Citizens for Xenia has been 

working hard to share true facts about Issue 7. They have been assuring folks that the increase in 

City of Xenia’s income tax rate increase from 1.75% to 2.25% is absolutely needed for the city 

to preserve its firefighting services and prevent the layoff of six firefighters, the closure of Fire 

Station #2, as well as to reinstate several police positions that are currently in danger or vacant, 

prevent the layoff of 4 police officers, and reinstate certain programs that have been lost. 

Further, everyone knows the condition of Xenia streets. A portion of Issue 7 will go toward 

street paving. He asked everyone present and Council to encourage everyone they see to go to 

the polls and vote their conscience on May 4 th , and send a strong message to our citizens, our 

surrounding community, and our future citizens that Xenia is a secure and safe community and 

that they care enough to keep Xenia safe by investing in our community today. President Felton 

thanked Mr. Engle and Citizens for Xenia for all their hard work.


Resolution of Appreciation for Mr. Joseph Koussa (posthumous). President Felton 

said the Xenia City Council would like to acknowledge the life and death of a friend, Mr. Joseph 

Koussa, who was the pedestrian killed in Kettering on Monday. She read a Resolution of 

Appreciation for Mr. Koussa, who was born in 1932 and was a Lebanese immigrant who came to 

the United States of America and loved this country. He was a dedicated and faithful citizen 

who frequently spoke during Audience Comments at the meetings of area government bodies, 

including Xenia City Council meetings. He always praised the USA, prayed for our troops, and 

encouraged citizens to conserve gasoline. His spirit, enthusiasm for life and this country, and his 

positive messages were always appreciated and will never be forgotten. The City Council and its 

employees wish to extend their sympathy to Mr. Koussa’s family, and a certified copy of this 

Resolution shall be presented to the family prior to the funeral services. 

Councilman Miller presented a RESOLUTION OF APPRECIATION FOR MR. JOSEPH 

KOUSSA (POSTHUMOUS), AND DECLARING AN EMERGENCY. 

Motion by Councilman Miller, seconded by Councilman Caupp, that the rules requiring the 


placed at once upon its passage. Brief comments followed. 

Councilman Caupp said before he was elected to Council and sat in the audience, he often had an 

opportunity to hear Mr. Koussa’s life story about how he came from Lebanon and was a tailor in 

the United States. He was a very interesting individual to talk to. If there was ever someone 

who loved living in the United States, it was Mr. Koussa. He will be greatly missed. It was a 

tragic accident, but he was living the American dream. Vice President Mills agreed with 

Councilman Caupp. It takes people like Mr. Koussa to make us appreciate and be proud of our 

country. She hopes his life will be lessons by which we all can learn. 




Motion by Councilman Miller, seconded by Councilman Caupp, that Resolution Number 10-M 





Planning & Zoning Commission: Councilman Caupp said XPZC met on April 1 st and 

discussed the Supplementary Regulations of the Planning and Zoning Code and introduced the 

Community Design Guidelines to the Commission. The Commission was given 30 days to 

review that document, which will be further discussed at the May 6 th XPZC meeting. 

Mayors & Managers: Since Mayor Bayless is absent and Mr. Percival did not attend 

the meeting due to a speaking engagement, President Felton said the report will be given at the 

next Council meeting.


Miami Valley Regional Planning Commission: Councilman Louderback said the 

Board of Directors met on April 1 st . One item that affects Greene County is a specialized 

transportation program for 2010. They recommended purchasing six vehicles (five in 

Montgomery County and one in Greene County). A new light transit vehicle will be purchased 

for the Xenia Adult Recreation and Services Center (aka Golden Age) to provide essential 

transportation and services to senior citizens and people with disabilities at a cost of $43,221. 

No local match is required. 


met on April 20 th and discussed the following: 

• Annual Fishing Derby will be held at Shawnee Park on Saturday, June 5 th from 9 a.m. until noon 

for all children 12 years and younger. There will be door prizes and volunteers to help children 

who need assistance. 

• “Music in the Park” will be held at Shawnee Park on Sunday, June 6 th at 7 p.m., and will feature 

Ralph Kettering and the Impossibles. The popular group is performing free of charge. 

• Easter Egg Hunt at Shawnee Park on Saturday, March 27 th was a huge success. The City, 

BRACA, the Greene County Board of MR/DD and the Xenia Area Association of Churches and 

Ministries (who purchased 10,000 Easter eggs and held a drawing for 30 donated Easter baskets). 

The event had an outstanding response. She shared a collage of pictures from the event. 

• Volunteers from the Nazarene Christian Church will donate time to clean up Shawnee Park 

on Sunday, May 16 th . Everyone is invited to help and she thanked them for volunteering. 

• “Bloom with Xenia … Adopt-a-Spot” is a new program. On May 15 th , 

the City of Xenia and BRACA, in collaboration with the Greene County 

Master Gardeners and the Xenia Area Merchants Associations, will host 

the “Bloom with Xenia … Adopt-A-Spot” program for the 2010 growing 

season. The program is designed to allow individuals, families, 

community or church groups, etc., to adopt a downtown flower bed or 

flower pot during the 2010 growing season, which includes weeding it, 

putting mulch down (provided by the City), learning about what’s 

already planted there, and how to embellish the flower bed/pots. The 

City will water flowers once weekly. If citizens are interested in 

learning more about this new program, please contact her at 

jmills@ci.xenia.oh.us or Carol Atzbach, Greene County Master 

Gardener, at 374-1202. 

• Volunteer Day is also May 15 th . Please meet at City Hall at 9 a.m. Mulch and debris 

removal will be provided by the City of Xenia. 

Councilman Caupp asked if the application forms for “Bloom with Xenia … Adopt-A-Spot” were 

given to all area churches and non-profit groups in the community. Vice President Mills said she 

emailed a flyer to the Xenia Area Association of Churches and Ministries who forwarded it to 

their members. Flyers were also sent to the Xenia Area Chamber of Commerce, XEGC, Connie 

Mann (secretary to the City Manager), and they contacted the Xenia Daily Gazette about doing a 

story. They also contacted Girl Scout and Boy Scout troops. They are trying to get information 

out to everyone. She thanked the Xenia High School Industrial Arts and Technology 

Department for making the wooden signs for recognizing volunteers, for making shepherd hooks 

for the flower pots, and for volunteering to do the laser printing for the signs. Councilman 

Caupp asked if the form could be printed from the City’s website. Vice President Mills said yes. 

Councilman Louderback thanked the City Manager and Assistant City Manager for making sure 

the Shawnee Park restrooms are now open. There are 12 parks in the City that are beautiful and


well maintained. Staff is in the process of upgrading Spring Hill Park. He congratulated Vice 

President Mills and BRACA for all the good things they are doing for the city in spite of the fact 

that the Parks and Recreation Department was eliminated. 





Approve Land exchanges between the City of Xenia and Fisher Development 

Company that will change the configuration of Sterling Green Park. Mr. Percival noted the 

Fisher Development Company acquired the Childers Subdivision from Crossman Realty and has 

applied for a revision to the original approved preliminary plan. The preliminary plan revision 

will modify the configuration of the section of Sterling Green Park in this subdivision, 

specifically as follows: 

1. It will add an additional access to the park from Childers Drive which under the revised 

preliminary plan will be a cul-de-sac instead of being extended northward; 

2. At least three lots around the cul-de-sac will be created that will take land from the 

existing park; and 

3. Additional street frontage with a total length of 150’ along Prem Place will be provided 

and additional park land dedication along this section will also be made. 

The total acres of parkland that will be converted to private lots and right-of-way is 0.3497 acres. 

The total acres of additional parkland to be dedicated to the City are 1.1288 acres. Total 

parkland in existing Childers Estates will be increased from 3.6592 acres to 4.4383 acres. 

Because the revised preliminary plan will involve land exchanges between the City of Xenia and 

Fisher Development Company, Mr. Percival respectfully requested that Council approve in 

concept these exchanges so the subdivision can move forward with the engineering and 

development of its future sections. 

Motion by Vice President Mills, seconded by Councilman Louderback, to approve land 

exchanges between the City of Xenia and Fisher Development Company that will change the 

configuration of Sterling Green Park at Childers Estates (Sterling Green Crossing). No 




Emergency Resolution authorizing City Manager to enter into LPA agreements 

with the Director of ODOT and accept ARRA monies for West Main Street Enhancement 

Phases I and II. Mr. Percival respectfully requested that Council approve legislation 

authorizing him to enter into the LPA Agreements with the Director of the ODOT, and to accept 

the unused ARRA monies to lessen the City’s local match for both Phases I and II. The City will 

save $20,904 on Phase I and $27,050 on Phase II by accepting the ARRA funds. He noted City 

Engineer Chris Berger and City Planner Nimfa Simpson worked in conjunction with MVRPC 

officials to inquire about the potential of utilizing “unused” ARRA project monies from other


jurisdictions to lessen the burden on the city’s local match for both phases, thus saving the City 

$47,000. 


ENTER INTO LPA AGREEMENTS WITH THE DIRECTOR OF THE OHIO DEPARTMENT 

OF TRANSPORTATION AND ACCEPT ARRA FUNDS FOR THE WEST MAIN STREET 

ENHANCEMENT PHASES I (PID NO. 81683) AND II (PID NO. 84477), AND DECLARING 




placed at once upon its passage. Brief comment followed. Councilman Caupp thanked city 

employees for working with MVRPC to save the City $47,000. The Roll on this was the 

following: 




10-N be now passed. No discussion followed. The Roll on this was the following: 



Emergency Ordinance awarding 2010 HVAC Maintenance Agreement. Mr. Percival 

said in the fall of 2008, Waibel Energy Systems was awarded the contract to rehabilitate City 

Hall’s heating and air conditioning system. For all of 2009, the work was under the required one 

year maintenance bond and a maintenance agreement for the system was not necessary. A 

maintenance agreement is needed for 2010 to provide preventative maintenance and emergency 

services for the HVAC system. 

Mr. Percival respectfully requested that Council waive the second reading of an ordinance at two 

consecutive meetings and pass an emergency ordinance to waive competitive bidding for the 

City Building’s HVAC Maintenance Agreement and authorize him to execute a maintenance 

agreement for $13,800.00 with Waibel Energy Systems to perform maintenance on the HVAC 

system. 

Vice President Mills presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A CONTRACT WITHOUT FORMAL COMPETITIVE BIDDING WITH 

WAIBEL ENERGY SYSTEMS FOR THE PURPOSE OF MAINTAINING THE CITY 

BUILDING’S HVAC SYSTEM, AND DECLARING IT TO BE AN EMERGENCY. 



placed at once upon its passage. Discussion followed. President Felton asked if she should deappropriate 

the money since the bid came in under budget [$30,000 appropriated/actual bid 

$13,800.] Mr. Percival said before de-appropriating the money, he wanted to make sure that was 

the only maintenance agreement covered since all maintenance agreements are appropriated 

under line item 361-1009-53793.









Emergency Appropriations Ordinance for Supplemental 2010 Expenditures. 

Mr. Percival said after City Council approved an ordinance setting appropriations for 2010 

operating and capital expenditures on March 11, 2010, several additional program and project 

specific appropriation needs have come to light. Listed below are general descriptions of the 

appropriations required. Items 1 – 3 will add increases to existing lines for underestimated 

expenses; items 4 – 6 will provide funding for projects that were not ready for action at the time 

of final appropriations approval; and item 7 relates to budgetary oversights in the final 

appropriation ordinance: 

1. City Hall copier maintenance, equipment, and supplies: $2,851.66. 

2. County auditing services fees: $5,850. 

3. Park maintenance seasonal staff: $4,000. 

4. Professional Services for completion of Water System Model project: $60,000 

- Study will update information and expand our understanding of the efficiency and 

effectiveness of the City’s water treatment and distribution functions; information acquired 

from this study is essential to allow Public Service leadership to construct mid and long-term 

capital plans to ensure water system sustainability and capacity expansion. 

5. 2008 CDBG Formula Grant (completion of Springhill Park improvements): $23,043.54 

- This project completes the final components of the 2008 CDBG Formula grant; project 

consists of the purchase (and staff installation) of exercise equipment to be placed around the 

walking track at Springhill Park, per the park plan previously approved by council; this 

project must be finished by June 30. 

6. Contractual services for completion of Stormwater Pollution Prevention Plan: $25,000 

- As a part of our Stormwater MS4 permit with the Ohio EPA, we are required to develop a 

SWPPP for all City facilities (Service Center, Treatment Plants, etc.) which have the potential 

for generating stormwater pollutants; all MS4 “permitees,” which are most all of the local 

communities, are required to have the SWPPP in place by December 31, 2010. 

7. Professional services contract for public relations - $25,000 

Judgments, Damages, and Losses - $10,000 

Property taxes - $ 2,000 

Mr. Percival requested Council waive the second reading of an Ordinance at two consecutive 

meetings and approve an emergency Ordinance adopting the supplemental appropriations. 

Councilman Louderback presented an ORDINANCE AMENDING ORDINANCE 10-06 TO 

MAKE ADJUSTMENTS IN APPROPRIATIONS FOR CURRENT EXPENDITURES OF THE 

CITY OF XENIA, OHIO DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010, 

AND DECLARING IT TO BE AN EMERGENCY.


Motion by Councilman Louderback, seconded by Vice President Mills, that the rules requiring 



Councilman Smith asked for an explanation of Item #3: Park maintenance - seasonal staff at 

$4,000. Mr. Percival said they would hire a short-term summer employee for 18 hours a week to 

maintain Shawnee Park including maintaining the restrooms, but the employee may work less 

than 18 hours. Currently, full-time city staff are maintaining the Shawnee Park restrooms. 

Councilman Louderback asked when the restrooms at Shawnee Park are closed in the evening. 

Mr. Percival said the timer locks the restrooms at night. If they do not lock the restrooms at 

night, there tends to be maintenance issues and vandalism. Councilman Smith asked who 

followed up on the cleanliness of the restrooms. Mr. Percival said an employee is assigned that 

duty; if there are issues, they hear about them quickly. 

President Felton explained that the County auditing service fees at $5,850 are a result of Greene 

County raising their fees 1 . She was disappointed that Spring Hill Park improvements are coming 

to Council so late. The Water System and Stormwater fees are restricted funds and not coming 

out of the General Fund. Mr. Percival agreed. 




Motion by Councilman Louderback, seconded by Vice President Mills, that Ordinance Number 




Award of Bids for Water Distribution and Sewer Collection Supplies. Mr. Percival 

noted on April 6, 2010, bids were opened from six (6) vendors for water and sewer supplies. All 

vendors supplied very competitive bids. The bids are for a one-year period except where noted. 

Due to the large quantity and availability of various items, he respectfully requested that Council 

award the bid to all six (6) vendors (Ferguson Waterworks, EJ Prescott, Utility Sales Agency, 

Neenah Foundry, HD Supply Waterworks, and Utility Service & Supply) with the stipulation that 

the low bidder who meets all specifications supply the individual items on an as needed basis. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to approve the award to 

six (6) vendors for Water Distribution and Sewer Collection Supplies for 2010, for their lowest 

bid on individual items as requested, provided City specifications are met. The vendors are: 

Ferguson Waterworks, EJ Prescott, Utility Sales Agency, Neenah Foundry, HD Supply 

Waterworks, and Utility Service & Supply. No discussion followed. The Roll on this was the 

following: 



1 See comments under Finance Director on Page 11


Approve Amended Ohio Enterprise Zone Agreement and approve execution of 

Amendment with Kotobuki-Reliable Die Casting, Inc. Mr. Percival noted the original OEZ 

Agreement approved in January 2005 was with Yoder Die Casting Corporation. Yoder sold their 

business to Kotobuki. Kotobuki has made significant improvements to the building, brought in 

new equipment, and are hiring additional employees. Kotobuki has requested that the tax 

abatement received under the OEZ program remain in effect. The amendment will not extend 

the period of the abatement beyond the original agreement and the project requirements for 

investment and job creation remain the same. 

Mr. Percival respectfully requested that Council approve the amended Ohio Enterprise Zone 

Agreement and authorize him to execute the Amendment with Kotobuki-Reliable Die Casting, 

Inc. 

Motion by Councilman Miller, seconded by Councilman Louderback, to approve the Amended 

Ohio Enterprise Zone Agreement and authorize the City Manager to execute the Amendment 

with Kotobuki-Reliable Die Casting, Inc. Discussion followed. 

Councilman Caupp noted Enterprise Zone Agreements help develop the City, attract businesses 

to Xenia, and are used for existing businesses to expand. 

Councilman Louderback asked how many new employees Kotobuki would be hiring. XEGC 

Director, Steve Brodsky said he did not know if Kotobuki had an exact number. Since 

purchasing the company late last year, Kotobuki has made significant investments in the plant, 

including the purchase of new equipment. Kotobuki is working through the County programs 

and will be hiring several new positions. The company is very aggressive in pursuing additional 

business for the plant. Obviously as they become more successful, they will hire more 

employees. Councilman Louderback asked if Kotobuki serviced the automotive industry. 

Mr. Percival said that is one sector the company services, but not exclusively. 

Mr. Percival said the City of Xenia has nine (9) active OEZ Agreements and are one of the best 

tools they have to encourage new development and to encourage local businesses to expand and 

add employees. Over the years, they have had as many as 23 OEZ Agreements. President 

Felton said based on the abatement percentage, the company is required to provide jobs for 

Xenia residents, which is part of the renewal process. Mr. Percival said that was correct. 




Items for the City Manager: Councilman Caupp asked when the gravel in streets where 

staff repaired water main breaks would be replaced with asphalt. Mr. Percival said there are 

dozens of those spots throughout the City, but only one crew is working to repair them on a daily 

basis. If Councilman Caupp can let him know which particular spot he was referring to, he can 

find out when it will be repaired. 

Vice President Mills said she heard there would be an open house at the Police and Fire 

Divisions and the Communications Center. Mr. Percival said there would be an open house on 

May 1 st at Fire Station #1, and the Police Division/Communications Center at City Hall.


Everyone is invited to attend. Several police officers will come in on their own time and 

members of the Special Events Team will be repelling off the side of the building. The Fire 

Division will show off their new Training Trailer and kids will be able to see exactly what 

firefighters do. It is an event they would love for folks to attend so they can see what our First 

Responders do and talk to them in person. Vice President Mills noted a CPR class will be 

offered to the first 30 people who sign up and light refreshments will be provided. Mr. Percival 

agreed firefighters are also trained to provide CPR classes to groups. 

Vice President Mills noted this is the last Council meeting before Issue 7 will be voted upon on 

May 4 th . She asked Mr. Percival to clarify how much the levy would cost residents if Issue 7 

passes and to explain Issue 7. Mr. Percival said the levy will raise the City of Xenia’s income 

tax rate from 1.75% to 2.25% on earned income only. All Social Security, company pensions, 

dividends, and interest income would continue to be exempt from the City’s income tax. For a 

middle-class Xenia household making $40,000 a year, the increase would cost $16 a month or 

$200 a year, and will not affect property taxes. 

Councilman Louderback said citizens should call the Public Service Department at 376-7265 to 

report potholes. The city’s current street paving budget is $150,000 a year, which is not much 

money to pave our streets. If the levy passes, Fund 228 will increase to $650,000, which is a 

$500,000 increase for street repairs. 

Councilman Smith said some residents were concerned about what the city paid to circulate 

postcards about Issue 7. Mr. Percival said the postcards did not cost the city anything because a 

private citizens’ group paid for them. 

Councilman Smith asked how many positions in the city were already eliminated. Mr. Percival 

over the last seven years, a total of 25 positions were eliminated from every department 

including the Police and Fire Divisions. In 2003, positions were not filled that were part of their 

authorized strength. They eliminated 25 positions such as the Assistant City Engineer, the Risk 

Manager, clerical positions, the Parks and Recreation Department, Finance Department 

positions, and the Public Service Director (the Assistant City Manager now serves as our Public 

Service Director). If the levy fails, six firefighters and four additional police officers will be 

eliminated (which includes two positions that are currently vacant) and Fire Station #2 will close. 

Councilman Miller asked if the sign was factual at Fire Station #2 stating it would close if 

Issue 7 fails. Mr. Percival said the sign is 100% factual because they will not have adequate 

manpower to fully staff Fire Station #2. All manpower will be located at Fire Station #1 so they 

can be more effective with taking emergency calls. 

Councilman Caupp asked who citizens should call if they have questions about Issue 7. 

Mr. Percival said citizens can call him at 376-7230 or Mr. Bazelak at 376-7236, and they will be 

happy to answer any questions. 

President Felton noted non-union personnel have been on a wage freeze since April 2008. 

Mr. Percival said that was correct, and some employees took pay reductions. No employees in 

the City have received a pay raise in over a year – most over two years. President Felton noted 

City Council and the three Appointed Officials are included in the wage freeze.





bills totaling $144,428.93. Brief comment followed. Councilman Louderback congratulated 

City staff for investing in Xenia companies such as Autographz, Carquest, Collett Propane, 

Detroit Tire, Geyer’s Office Supply, Jo Harner Supply, Lowe’s, NAPA Auto Parts, Radio 

Shack, Screenplay Printing, Sherwin Williams, Tiffany Jewelers, Walmart, Xenia Glass and 

Lock, and Xenia Shoe and Leather. He is very pleased we are keeping our money in Xenia. The 




Items for the Finance Director: Mr. Bazelak said he wanted to clarify one thing on the 

County auditing services fees that were discussed earlier this evening. He did not believe the 

County increased their fees. Primarily, the ordinance allocated some costs to the Police and Fire 

Fund because they are generating property tax revenue in that fund now. There are no additional 

costs but more of an allocation cost in that part of the ordinance. President Felton asked why it 

was not appropriated in the correct line item. Mr. Bazelak said it was appropriated in the 

General Fund for the temporary budget, but did not get allocated in the 270 Fund due to a 

clerical oversight. President Felton apologized because that was not what she was told. 


Authorization to accept Justice Assistance Grant (JAG). Mr. Lewis said since 2007, 

the Victim Assistance Program through the Law Department has annually applied for and 

received a grant to fund the position of Restitution Coordinator. This position provides services 

to the City of Xenia residents who are victims of crime by assisting individuals and businesses in 

requesting reimbursement for property damage and thefts. The program served over 400 people 

in 2009, assisting citizens in requesting almost $40,000 in restitution through the Xenia 

Municipal Court. The Victim Assistance Program received notice from the Office of Criminal 

Justice Services that it had awarded the City of Xenia a grant of $39,929.27 to fund the position 

of Restitution Clerk, a position currently held by Tonya Halcomb. The award is for 2010 only 

and is a non-matching grant. He respectfully requested that Council make a motion to authorize 

the City Manager to accept the grant on behalf of the City of Xenia. 


to accept a Justice Assistance Grant of $39,929.27 on behalf of the City of Xenia. No discussion 




Mr. Lewis said the City of Xenia was sued a few weeks ago over allegations that the City acted 

inappropriately and fraudulently regarding Issue 7. On April 14 th the Greene County Court of 

Common Pleas dismissed that completely frivolous lawsuit filed against the City of Xenia, and 

Issue 7 will remain on the ballot for the May 4 th primary election. He found it curious that when


the lawsuit was filed, the individual who filed it was given a half-page article on the front page 

of the Xenia Daily Gazette, but he has not seen an article about the lawsuit being dismissed. 

Mr. Percival said there was an article on page 3 of the paper. Mr. Lewis said that frivolous 

lawsuit cost each and every taxpayer money because it costs money to defend it and the City of 

Xenia cannot recover those funds. 

Councilman Louderback said when the City was sued, there was a large article on the front page 

of the Xenia Gazette, but there was a small article on page 3 when the lawsuit was dismissed. In 

his opinion that is irresponsible journalism. He did not even know if the Dayton Daily News had 

an article about the lawsuit being dismissed. He is very disappointed and disturbed that the 

frivolous lawsuit can be blasted on the front page of the Xenia Daily Gazette but when it was 

dismissed, there was only a small article on page 3. The City of Xenia spent thousands of dollars 

hunting down the Xenia woman who recently ran away and Xenia taxpayers will be paying the 

bill. He felt the woman and the person who filed the frivolous lawsuit should make some 

restitution to the City of Xenia. He gets very angry about frivolous lawsuits and irresponsible 

journalism in this town. 


Second Readings of Ordinances and Resolutions: Mr. Lewis presented an ORDINANCE 

AMENDING ORDINANCE 10-06 TO MAKE ADJUSTMENTS IN APPROPRIATIONS FOR 

CURRENT EXPENDITURES OF THE CITY OF XENIA, OHIO, DURING THE FISCAL YEAR 

ENDING DECEMBER 31, 2010, and it was read for a second time. 

Motion by Councilman Miller, seconded by Councilman Louderback, that Ordinance Number 




Mr. Lewis presented an ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE 

PURCHASE OF THREE SOFTWARE LICENSES AND THE ANNUAL MAINTENANCE 

AND SUPPORT FOR COURTVIEW, and it was read for a second time. 

Motion by Councilman Miller, seconded by Vice President Mills, that Ordinance Number 10-13 




Items for the Law Director: President Felton asked if it was legal to record private 

phone conversations without your knowledge. Mr. Lewis said that is a complicated answer. In 

the State of Ohio, one party must be aware that the conversation is being recorded in order for it 

to be legal. If both parties are unaware that the conversation is being recorded, a warrant is 

necessary. President Felton said she did not like the idea of somebody being able to record a 

conversation without her knowing it. 

READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback and 

President Felton had nothing further to share.


Councilman Caupp wished his wife a “Happy 15 th Anniversary” today. She is a good wife and 

deserves a medal for putting up with him some days. 

Vice President Mills said she is proud of the Xenia Police Division for their accreditation. As a 

member of City Council, she was able to speak on behalf of the Police Division as were citizens 

with the neighborhood watch, business owners, and others who said positive things about our 

Police Division. While they were going through the accreditation process, they were also 

looking for the missing woman. She congratulated the Xenia High School Cheerleading and 

Varsity Hip Hop teams for scoring 97 out of 100 points at this year’s U.S. Finals Championship 

in Las Vegas. The Hip Hop team had the highest scores of any team who participated. FFA 

teacher Matt Smith and his students ranked 11 th out of 325 at a recent competition. The Xenia 

High School Prom is this Saturday, April 24 th . A mock crash simulating a drunk-driving 

accident was held Tuesday morning for students at Xenia High School. This activity has been 

extremely successful in previous years by demonstrating the consequences of drinking and 

driving. She thanked the Xenia Police and Fire Divisions for putting on the event. She also 

noted Xenia Little League’s opening day at West Side Park is also this Saturday. 

Councilman Smith congratulated the Xenia Police Division on their professionalism and the 

great job they did and always do. He drove by, saw the mock accident at Xenia High School, 

and appreciates the Xenia Fire and Police Divisions for doing that. There have been some 

negative comments on the city’s Facebook page about firefighters passing out literature on Issue 

7, but they are doing that on their own time because they are concerned about public safety. If it 

was your job on the line, you would also be out there fighting for it. He wished everyone a 

Happy Earth Day today. His daughter, Kayla, is a Xenia High School sophomore, had surgery 

last week. She has been a real trooper and working hard to catch up on her homework. He is 

proud of her because she is a really good kid. 

Councilman Miller also wished everyone a Happy Earth Day today. His 87-year old mother had 

surgery two weeks ago, and he had to change his schedule to make sure he and his siblings took 

time to make sure she was alright. His mother was supposed to be in the hospital two weeks but 

she was only there for four days. Her surgeon said “Whatever you’re doing, keep doing it, and if 

we can bottle it, I would like to give it to my other patients!” 

ADJOURNMENT: Motion by Vice President Mills, seconded by Councilman Smith, to 

adjourn the Regular Session at 8:10 p.m., to go into Executive Session to discuss legal and 

personnel matters. No discussion followed. The Roll on this was the following: 








May 13, 2010 


5:30 p.m. 

The Xenia City Council met in a Special Session on May 13, 2010, at 5:35 p.m., in the First 

Floor Conference Room, City Hall, with the following members present: Jeanne Mills, John 

Caupp, Dale Louderback, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 


Reorganization of the Public Service Department. Mr. Percival said staff would like to 

discuss changing the current Public Service Supervisor position to an exempt (not overtime 

eligible) position titled Public Service Superintendent and add the reclassified Public Service 

Supervisor position along with the elimination of the Maintenance Foreman position thru 

attrition. Both positions are currently overtime eligible. The Superintendent’s position would be 

paid at a higher overall rate, but the employee would no longer be eligible for overtime pay, 

which would result in less pay than the employee currently receives. 

Councilman Louderback asked how much Mr. Quinlan makes as the Public Service Supervisor. 

Mr. Percival said Mr. Quinlan has made as much as $85,000 annually as Public Service 

Supervisor due to overtime pay. The starting salary as the Public Service Superintendent would 

be $76,000, but he would no longer be eligible for overtime pay. The Maintenance Foreman, 

Bobby King, will be retiring in September. Councilman Caupp asked if the other foreman was 

gone. Mr. Percival said the other foreman was demoted back to a maintenance worker because 

he could not pass the certification test and missed several opportunities to retake it. 

President Felton asked if Mr. Quinlan’s new position as Public Service Superintendent was a 

union position. Mr. Percival said no. President Felton wondered if the union would have 

objections to the change. Mr. Merriman stated there is nothing the union staff can object to. 

Councilman Caupp did not think a foreman should be in the union. 

Mr. Merriman said as of July 2009, they had to have the equivalent of a Class II licensed 

Operator at the Water Treatment Plant who serves as the backup operator of record for the 

facility. The EPA requires that they have a Level III certified employee as the primary operator 

of record. When the foreman position is vacated within 5 months, they will have no operator of 

record. They lost a 30-year employee last year (equipment operator) and another employee. 

They also need one map that shows the water and sewer lines, the storm sewers, and zoning so 

everything is overlaid on one map. Current maintenance staff knows in their head where all the 

catch basins are located, but many maintenance staff will be retiring in the next few years so they 

will lose a lot of that knowledge. 

President Felton entertained questions from Council. Mr. Percival noted the ordinance to amend 

XCO Chapter 274 Classified Service is recommended for introduction during the regular session 

tonight. The recommended changes to the Public Service Department will be a money saver. 

Although he and Mr. Merriman do not exactly agree, they have to put positions where they 

belong.


President Felton asked what Mr. Quinlan would be paid as Public Service Superintendent. 

Mr. Percival said Mr. Quinlan would make $76,000. President Felton thought that was the same 

pay as Mr. Merriman. Councilman Caupp noted Mr. Quinlan would be in Pay Grade 6 and 

Mr. Merriman is in Pay Grade 8. Mr. Percival said the only reason Mr. Merriman is at his 

current salary is because no employees received a pay increase. President Felton said she 

personally felt Mr. Merriman’s pay should have been increased. The Utilities Manager and City 

Engineer make $80,000. It bothers her that Mr. Merriman makes so much less. 

Mr. Bazelak agreed there needs to be some pay adjustments, but that is not possible at this time, 

particularly since the levy failure. President Felton said when the city is able to give raises 

again, the wages for those other employees are to be frozen. Ms. Crockett’s and Ms. Simpson’s 

salaries are already frozen. She noted Ms. Crockett makes $82,600, but Ms. Simpson makes 

$76,000. Mr. Percival said they had to eliminate the plus rating for Ms. Simpson, and she could 

not receive a raise due to the wage freeze. No employees received salary increases last year. He 

told Ms. Simpson when there is money, he would be glad to raise her salary. Mr. Merriman 

noted Ms. Simpson is eligible to retire this fall. 

Mayor Bayless asked how many city employees took home city vehicles. Mr. Percival said eight 

(8) employees take city vehicles home. Councilman Caupp felt the Police Chief, Fire Chief, and 

detectives should be allowed to take home city vehicles, but no one else. He definitely did not 

think Mr. Quinlan should be allowed to take home a city work truck. Mr. Percival said the 

Police Chief, Fire Chief, detectives, and Police Captains take vehicles home with them. 

Mr. Lewis noted the two Dodge Durango’s were purchased through a grant. Mr. Percival said 

the Police Division has a fleet of seized vehicles or vehicles purchased through a grant, such as 

the ACE Task Force pick-up truck and the undercover cars. One detective car was repainted and 

is now used as a police cruiser. 

Mayor Bayless asked if it was cost effective for employees to leave city vehicles running. 

Mr. Percival said diesel trucks and police cruisers (because of all the electrical equipment) 

should be left running, but that was unnecessary for unmarked vehicles. Mayor Bayless said 

citizens have reported seeing city workers sitting in their vehicles talking while their engines are 

running. Mr. Percival said he was sure some employees do that. They could do a better job of 

shutting off city vehicles. 

Councilman Caupp said he disagreed with the need to leave diesel trucks running. Where he 

works, they shut down those vehicles. Mr. Percival said workers may not be using the truck 

while it is running, but may be using the attachments (bagger, etc.). Engine hours are more 

important than odometer readings because the odometer shows the actual miles, but the vehicle 

may have 150,000 idle time hours on the engine. 

President Felton entertained further questions or comments. None were presented. 

The Special Session was adjourned at 5:55 p.m. to go into Executive Session to discuss 

Personnel Matters and Purchase and/or Sale of Property. 








7:00 p.m. 

The Xenia City Council met in a Regular Session on May 13, 2010, at 7:00 p.m., in the City 



INVOCATION: Rev. Kenneth E. Foxx gave the invocation after which all joined in the Pledge 

of Allegiance. 

APPROVAL OF MINUTES: The Regular Session minutes of April 22, 2010, were held in 

abeyance. 


Ordinances amending Chapter 1294: Supplementary Regulations and Chapter 1240: 

General Provisions and Definitions, specifically Section 1240.05 Definitions; rules of 

construction, of the Planning and Zoning Code. President Felton opened the public hearing 

and asked for the staff report. Ms. Simpson noted Chapter 1294-Supplementary Regulations was 

first adopted in 1968, and certain sections were later amended. This chapter regulates the 

requirements for a variety of situations ranging from swimming pools, fences, storage, etc. In 

2009, City Council directed staff to review and amend Chapter 1294 to place restrictions on 

where to allow cash advance, check cashing, payday loans and pawnshop establishments, and 

those amendments were put into place on April 23, 2009. The Xenia Planning and Zoning 

Commission starting reviewing the rest of the chapter in April 2009, ending with their vote on 

February 18, 2010, to endorse the comprehensive amendment for Council’s approval. XPZC’s 

work on Chapter 1294 focused on the following: 

• Growth and development policy needs of the City in line with Strategic Goal. 

• Business uses that need to be included in the Table of Permitted Uses. 

• Areas to improve enforcement and violation problems with better written requirements or 

standards. 

– Unclear language that need rephrasing. 

– Lack of standards for certain uses. 

– Eliminating regulations that no longer apply (i.e., lot size requirement for those using septic 

system) 

Staff and Council have heard many residents state that the city needs to upgrade its tax base and 

improve the types of homes built in the City of Xenia. There are a lot of R-1C lots and Single- 

Family zoned lots in the City of Xenia, which include R-1C, R-1B, and R-1A One-Family 

Residential Districts. Within the traditional zoning districts, lots and homes in the R-1C category 

make up eighty-three (83) percent of the total homes in Xenia. An R-1C lot is typically 7,500 

square feet and the house is approximately 1,000 square feet. Although some R-1C are larger 

than the 1,000 square feet minimum required, R-1C lots constitute eighty-three (83) percent of 

the existing lots in the City of Xenia.


A housing study presented to City Council in 2006, recommended policy changes to promote 

diversity in the housing types. The breakdown is shown below: 

Zoning Map 

Ms. Simpson said it is obvious from the Zoning Map that R-1C zoning (shown in gray/black) is 

prevalent in the City of Xenia, which they would like to work toward diversifying. 

The proposed changes to Chapter 1294: 

1. Increase sizes of new homes by adjusting minimum floor area requirements: 

R-1A: From 1,800 to 2,000 sq. ft. 

R-1B: From 1,400 to 1,600 sq. ft. 

R-1C: From 1,000 to 1,400 sq. ft. 

2. R-4 Multi-Family: Adjust the one-bedroom requirement to match R-3 Multi-Family, essentially 

making the requirements the same, which will allow for phasing out of the R-4. 

3. R-1C requirement should apply to single-family construction in R-2, R-3, R-4, and R-O, which are 

duplex and multi-family residential districts. If a single-family residential home was built in those 

zoning districts, the minimum square footage should be an R-1C requirement (1,400 sq. ft.)


Ms. Simpson noted Council received two letters that raised concerns about what could be built 

on an R-1C lot. One letter stated it would be difficult to build a ranch home on an R-1C lot. 

Ms. Simpson said a typical R-1C home is built on a 60’ wide and 125’ deep lot with front yard 

setbacks of 25’; 30’ setbacks in the rear yard; and a total of 15’ setbacks in the side yards, which 

would give a buildable area of 45’ by 70’, or the equivalent of 3,150 square feet, which exceeds 

the proposed minimum floor area of 1,400 square feet. The above schematic shows it would be 

possible to build a ranch home in an R-1C district. 

Ms. Simpson said people think the proposed changes to the Chapter are anti-development, but 

they are not. They are trying to reduce the cost of development to developers in Xenia. Over the 

years, developers have gone to doing Planned Unit Developments to be able to achieve narrow 

lots for their developments. Also, the cost of development is based on the allowance of 

infrastructure costs. Staff is proposing to reduce the minimum lot width for the R-1A and R-1B 

One-Family residential district as follows: 

R-1A will be reduced from 100’ to 90’. 

R-1B will be reduced from 80’ to 75’. 

R-1C will remain the same at 60’. 

Impact of proposed amendments on existing lots: 

1. Exempt existing single-family lots with structures on them and utilize the nonconforming 

clause to allow for rebuilding at their current size should the structure suffer 

damage. 

2. Existing vacant R-4, R-1C, R-1B, and R-1A lots will meet new requirements with regard 

to minimum floor area. 

Staff proposes to add certain business uses to the Table of Permitted and Conditional Uses to 

accommodate new business operations as follows: 

 

 

 

 

Gyms and fitness centers 

Arts and craft shops 

Automobile car wash 

Automotive rental/leasing


 

 

 

 

 

 

 

Automotive towing as accessory to car repair 

Tattoo parlors requiring 1,000 feet separation 

Make restaurants and other places serving food and beverages permitted uses rather than 

conditional use in the B-1 and B-2 Business Districts. 

Carpet cleaning and rental facilities 

Retirement housing, assisted living facilities 

Tourists, civic and visitors centers 

Massage establishments subject to Chapter 850 of the XCO 

Other proposed amendments include: 

• Adjust requirements to eliminate variances such as height of garages or accessory 

structures to allow for larger vehicles. 

• Reword sentences that are vague or not clear to end users: 

• Common improvements such as accessory structures (sheds), swimming pools, and fencing. 

• Provide standards to address common residential complaints: 

• Usage of Portable On Demand Storage (PODs) 

• Types of fencing that can be used and where to face the good side of the fence. 

Other standards to be included: 

• Specify screening standards for dumpsters and recycling containers. 

• Specify standards for bicycle parking and bicycle 

racks in consideration of the City’s goal to seek 

Bicycle Friendly designation. 

• Clarify what temporary structures can be allowed in 

both residential and commercial areas. 

• Provide standards for outdoor eating establishments 

similar to what was required of All Sports Grille. 

This is not an 

acceptable 

temporary 

structure for a 

residential 

area 

Amendment to Chapter 1240 – General Provisions and Definitions. Ms. Simpson said any 

amendments to the Zoning Code require a re-evaluation and definition of terms used in the 

proposed zoning regulations. Clear definitions are crucial in the effective understanding and 

enforcement of the provisions of Chapter 1294. 

Ms. Simpson respectfully requested that Council introduce two (2) Ordinances amending 

Chapter 1294 – Supplementary Regulations of the Planning and Zoning Code, specifically 

Section 1294.21 (a) Schedule of Uses and Chapter 1240 – General Provisions and Definitions. 


Vice President Mills said she was concerned about the definition of “swimming pool” and if it 

included only a permanent structure and/or the depth of the pool was considered to ensure it 

meets the zoning requirements. Ms. Simpson said staff only regulates permanent swimming 

pools, which require a permit from the Building Inspection Department. Staff does not regulate 

inflatable or temporary swimming pools because it would require too much administrative work. 

President Felton asked if under state law the Building Inspection Department is required to 

regulate above-ground pools. Ms. Simpson said yes, but city staff also regulates above-ground 

pools because they are considered permanent structures. President Felton thought staff only 

regulated in-ground pools.


Vice President Mills clarified permits for temporary classrooms will only be allowed for one school 

calendar year, but the permits can be renewed after one year. Ms. Simpson said that was correct, but 

staff is open to suggestions. They could probably give a five-year window to allow the school 

time to raise capital funds. If they regulate mobile home trailers and restrict them to mobile 

homes parks, they should also regulate commercial structures. The intent has always been for 

temporary classrooms/structures to be temporary. Because of financial restrictions, some 

organizations have relied on those temporary structures on a longer term basis. Staff is open to 

suggestions on what would be a practical and more compassionate time frame. Vice President 

Mills said she would get back to Ms. Simpson with her suggestions. 

Councilman Caupp noted after Ms. Simpson previously presented the proposed amendments to 

Chapter 1294, they discussed sidewalk sales, but he could not find the number of sidewalk sales 

allowed in the ordinance. Ms. Simpson said per XPZC’s recommendation, staff proposes to 

eliminate limits on the number of sidewalk sales allowed. In lieu of the time restrictions, 

standards requiring displays in a safe manner were incorporated: 

 

 

 

 

The sidewalk sale shall be conducted in a manner that will leave at least a four-foot wide or half 

of the width of the sidewalk unobstructed area to allow for pedestrian use. 

The display shall be confined on the portion of the sidewalk in front of the business establishment 

of which the seller or displayer is the lawful occupant. 

The stands and display structures shall be of stable material and make-up and able to withstand 

local normal wind loads. Merchandise shall be securely and adequately placed so that it will not 

endanger pedestrian or encroach on the public right-of-way. 

Sales shall be conducted so as not to cause a nuisance, or create a fire hazard or obstruct ingress 

and egress to the premises. 

Ms. Simpson stated the XPZC had a lot of discussion on sidewalk sales. Commissioners felt 

limiting the number of sidewalk sales would be anti-business, so the restriction on the number 

allowed was eliminated. 

Councilman Caupp asked how Council could amend the proposed amendment to Chapter 1294. 

President Felton said a consensus of Council would have to agree. Councilman Caupp asked 

how often sidewalk sales were allowed in the past. Ms. Simpson said sidewalk sales were 

previously allowed five (5) days every month. Councilman Caupp clarified sidewalk sales were 

previously allowed 60 days a year. President Felton thought since sidewalk sales are not 

normally held during winter months, the restriction did not make much sense. Councilman 

Caupp said he would like to see sidewalk sales limited to five (5) days a month, which would 

mean businesses could have sidewalk sales a total of 15 days for the months of June, July, and 

August. If they do not put some type of restriction on sidewalk sales, he felt they would have a 

flea market on the downtown sidewalks. 

President Felton entertained comments from Council. 

Councilman Smith asked who was abusing sidewalk sales now. Councilman Caupp said they 

currently have restrictions on the number of sidewalk sales allowed, but the recommendation is 

to no longer have restrictions. From a business standpoint, Councilman Smith thought it was 

business friendly to allow businesses to have unlimited sidewalk sales. Councilman Caupp said 

there is a difference between business friendly and city enhancement. Councilman Smith said he


understood that. Councilman Caupp said he understood what Councilman Smith was saying, but 

felt he should think about removing the restrictions because they could have a flea market 

downtown. Councilman Smith said he understood that, but businesses are struggling right now, 

and sidewalk sales may allow those businesses to increase sales. 

Mr. Percival felt the ordinance prohibits flea markets. Merchandise for sale is to be limited to 

merchandise normally offered for sale by the business owner with a legitimate permit, and is 

only allowed on that business’s premises. Councilman Caupp agreed the ordinance states that; 

however, he had this same conversation with Ms. Simpson and City Engineer Chris Berger. If 

the ordinance does not include some restrictions on the number of sidewalk sales allowed, they 

could have an outdoor flea market in downtown Xenia on Monday through Friday all summer. 

Councilman Louderback disagreed with Councilman Caupp. As Councilman Smith stated, all 

small businesses are struggling right now. He has lived in Xenia his entire life and has never 

seen a flea market in downtown Xenia. We have nice stores downtown that do tasteful sidewalk 

sales and thought it would be wrong to limit the number of sidewalk sales allowed. 

Vice President Mills suggested a compromise. Businesses can have as many sidewalk sales as 

they would like, but according to the ordinance, the display is confined to the sidewalk in front 

of the business establishment. Additionally, the stands and display structures must be made of 

sturdy material and made to withstand local normal wind loads; merchandise must be placed so 

that it does not endanger pedestrians or encroach on the public right-of-way; and the sales must 

be conducted so as not to create a fire hazard. She asked who would be responsible for enforcing 

the standards for sidewalk sales. Ms. Simpson said staff will enforce the regulations. She noted 

staff receives a lot of complaints. Vice President Mills asked how long businesses could have 

the same display. She did not see anything in the ordinance addressing how long the same 

display can be outside. 

President Felton said they also discussed A-frame signs on sidewalks. Ms. Simpson said 

A-frame signs are allowed on sidewalks. President Felton noted the signs must be sturdy and 

cannot impede pedestrians, which staff addressed in the amendment. 

Councilman Caupp asked if the number of residential garage sales is limited. Ms. Simpson said 

yes, but a garage sale in a residential district is different than a sidewalk sale in front of a 

business. Based on the taxation law, if a person has more than seven (7) days of garage sales in a 

calendar year, it constitutes a business. The city’s regulations are somewhat based on that 

taxation law. 

Councilman Louderback asked who enforced the number of garage sales allowed yearly. 

Ms. Simpson said the number of garages sales in residential areas is not normally a problem. 

Councilman Louderback asked how everyone would know how many garage sales he had a 

year. Ms. Simpson said they would know. If staff receives complaints about the number of 

garage sales, they will monitor the situation, and send the property owner a letter. Some 

residents have garage sales all summer. President Felton said one resident on a busy street had 

garage sales every weekend and staff received many complaints. Councilman Louderback said 

he did not care if residents had garage sales every day. President Felton said she would care if 

the garage sales were being held next door to her home. Ms. Simpson said one of the most 

common complaints staff receives is about the number of garage sales being held, but staff has to


prove the number of days garage sales are being held from when they first receive the complaint. 

Councilman Louderback said, as far as he was concerned, somebody has too much time on their 

hands. 

Councilman Caupp thought the amendments to Chapter 1294 were good and they need to move 

forward. He referenced a letter from Susan Stiles, Chair of the Housing Coalition of Greene 

County, which was distributed prior to the meeting. He took offense to her statement “We 

believe that this will be an impediment to housing for moderate and low-income families and 

individuals.” He noted the Xenia area has plenty of housing available to low- and moderateincome 

families and individuals. He felt the letter was a way for the Housing Coalition of 

Greene County to bring more low-income housing to Xenia, and it offended him. He did not 

think the organization would send such as letter to some of our neighboring communities. 

President Felton noted the Wise Manor Subdivision on Commonwealth Drive would fit within 

the recommended guidelines. Ms. Simpson said she researched that and the homes at Wise 

Manor are 1,500 sq. ft. to 1,700 sq. ft. President Felton agreed they were very nice, large homes. 

Council originally did not want more low-income Greene Metropolitan Housing rental properties 

in Xenia and restricted Wise Manor to only owner-occupied homes. According to the survey at 

the time, 36% of houses in Xenia qualified for low-income families or individuals. 


favor of the ordinance to step forward to speak. No one came forward to speak. She invited 

those against the ordinance to step forward to speak. No one came forward to speak. She then 

invited those neither for nor against the ordinance to step forward to speak. 

Jeremy VanDyne, Wyoming Drive, agreed with Councilman Louderback about not limiting the 

number of residential garage sales each year. Who really cares as long as they are done 

tastefully? Let people make money, especially in the current economy, as noted by Councilman 

Smith. Council should be sympathetic to the fact that Xenia is a dying town. He does not see 

too many people shopping in Xenia. He would like to see more people walking on downtown 

sidewalks and buying things. 

President Felton closed the public hearing at 7:20 p.m., and entertained comments from Council. 

Councilman Miller introduced an ORDINANCE AMENDING CHAPTER 1294: 

SUPPLEMENTARY REGULATIONS OF TITLE SIX: ZONING OF THE CODIFIED 

ORDINANCES OF THE CITY OF XENIA FOR THE PURPOSE OF UPDATING 

STANDARDS AND PROVIDING ADDITIONAL STANDARDS FOR CERTAIN LAND 

USES, and it was read for the first time. 

Councilman Miller introduced an ORDINANCE AMENDING SECTION 1240.05 

DEFINITIONS; RULES OF CONSTRUCTION OF CHAPTER 1240: GENERAL 

PROVISIONS AND DEFINITIONS OF TITLE SIX: ZONING OF THE CODIFIED 

ORDINANCES OF THE CITY OF XENIA, and it was read for the first time. 


and invited anyone who wished to speak to come forward.


David Rue, 115 Wilson Drive, said he had several concerns. His first concern came after he met 

with the Code Enforcement Officer, Liz Duteil, this morning. She asked him why he did not buy 

the property at 215 S. West Street. He asked her why he would want that condemned property 

that just went up for sale since it was scheduled to be demolished. If he bought the property, he 

would have to commit to tear it down before he could add it to his adjacent property. Further, 

the property is located in a flood zone, so where is the value? Ms. Duteil’s response was, 

“You’ve done your homework.” His response was “Absolutely!” He purchased the duplex at 

200 S. West Street in October 1958, lived there for awhile, and eventually rented it out as a 

duplex. He had potential buyers for the duplex in 2008. The realtor had a contract with two 

families. A mother and father were going to move in the downstairs unit and their son and 

daughter-in-law were going to move into the upstairs unit. However, the realtor told him there 

was a problem because the property was rezoned to a single-family dwelling, which is ridiculous 

for a 3,360 square foot home. He talked with the Zoning Enforcement Officer, Mr. Ziegler, 

about having the property rezoned as a duplex, but that was not done in the three year time 

frame. The property used to be a rental property, and he got disgusted with being a landlord, and 

lost a potential buyer for that duplex in 2008. The property has been vacant since 2008. His 

insurance is based on the square footage. His insurance company required him to install a 

security system or stated they would drop his coverage. Taxes and other expenses have 

continued to increase, and he is still stuck with the property. That’s teamwork! 

Mr. Rue said he has lived at 115 Wilson Drive since 1971. Over the last few years when the city 

did snow removal, crews have destroyed his curb numerous times. Ms. Duteil shared his 

concerns with the City Engineer, and Mr. Berger came to see him today. During their 

conversation, he was told citizens need to call to report potholes. He asked why staff is not 

making note of them as they drive their city vehicles all over town. Why should it be up to 

property owners and tax payers to call staff to report potholes? Maybe the city does not have 

enough staff to repair them. 

Mr. Rue said he was waiting for his wife to get a prescription filled at a pharmacy when a city 

truck pulled up with a load of asphalt, and the employee went inside the pharmacy. His wife’s 

prescription took a long time to get filled, and after she came out and they drove away, the city 

truck was still there with nobody working and asphalt not being used. President Felton asked 

Mr. Rue if he got the truck number. Mr. Rue said no. 

Mr. Rue said the first time he reported the problem with his curb, city staff did not even have the 

courtesy of talking to him in person or on the phone, but sent a message that it was “erosion of 

the curb” because it was built in 1950. He asked Mr. Berger to look at the curbs up and down his 

street today and he agreed there was no erosion except at his curb. He got a price of $12,000 to 

replace the curb and asked Mr. Berger if he would need a permit for that. Mr. Berger said he 

would need a permit if he hired someone to do the work rather than doing it himself. When he 

and his wife were in Florida this winter his neighbor said he should have been home. It was like 

a rodeo – three dump trucks with three drivers going around the stop sign in front of Liberty 

Nursing Home and tearing up your curb. He and his wife could not believe the damage. This 

past week his neighbor’s son, Mike Eldridge, apologized for not removing the snow on the 

sidewalk with his snow blower, but after the city got done with putting the curb on the sidewalk, 

the concrete broke his snow blower. Mr. Rue said three times he tried to use his own snow 

blower on his sidewalk, he sheared the pin each time because his curb is on the sidewalk and not


in the street where it belongs. The city and their truck drivers want to deny the fact that they are 

responsible. 

President Felton asked Mr. Rue if he called the City Manager about his concerns. Mr. Percival 

said the City Engineer visited Mr. Rue today. Mr. Rue said the City Engineer came to see him 

today because he was at the Service Center this morning. President Felton asked if Mr. Rue 

called Mr. Percival before. Mr. Rue said he did call when the problem started two years ago, but 

he has not gotten anything out of his complaints. President Felton said she did not know what 

would happen this time either, but she suggested he work with the City Engineer and City 

Manager. 

Mr. Rue said his point is the city has enough staff and trucks, but they are not getting anything 

done. Now the city wants residents to approve another tax levy for more money, but he would 

like to see signs of improvement around town. The main entrance to the city on U.S. 35 is a 

weed patch. The entrance on N. Detroit Street is a weed patch with two pipes in the air. The city 

should have an entrance sign like other cities showing the service organizations in town. What 

will the city have to offer potential buyers of his 3,360 sq. ft. home? The city has no swimming 

pool, pool room, bowling alley, or theatre. What is the attraction to buy his property? 

President Felton said she understood what Mr. Rue was saying, but there are only three 

employees who work on street maintenance, and one of those employees does the grass 

mowing. There are issues, but the city does not have enough staff. Mr. Rue felt the city wasted 

money providing trucks and vehicles to employees. There is enough equipment to do the job 

right, but there is a lack of supervision. He noted Ms. Simpson helped him get his duplex 

rezoned. 

Jeremy VanDyne, Wyoming Drive, said he had serious concerns and questions for Council. 

Because the levy failed last week, he understood six firefighters and four police officers would 

lose their jobs and Fire Station #2 will close. He found that very disturbing because he lives on 

the west side of town. He has family and friends who work as police officers and firefighters 

and others who are retired from the Xenia Fire Division. The Xenia Fire Division used to be the 

pinnacle of EMS care in this area, and they raised the bar for everyone in this general area. He 

would like Council to fully understand what the Xenia Fire Division actually does for our 

community. Until two years ago, he was a Xenia Township firefighter. Firefighters/Paramedics 

put in countless hours of training. He believed there was the assumption that the city can afford 

to layoff six firefighters, which would bring their minimum manning down to less than ten. He 

questioned whether city officials understood the number of personnel needed to fight a fire or 

treat a person having a heart arrest or stroke. It takes more than two men, a cot, and a bag going 

into a house. If someone is in cardiac arrest, it takes seven to eight men to hopefully save that 

person’s life and transport them to the hospital. He wanted Council to not take the Fire Division 

for granted or to think that seven firefighters can take care of all the people in Xenia. 

Mr. VanDyne noted Council says they want new businesses to come into the city, but who is 

going to fight the fires and protect those people when they are here? It takes three firefighters to 

ride on an engine and two EMS to ride in a medic, which is state law. If there are only two 

officers and five firefighters/EMS on a shift, and they receive a call on the north end of Xenia, 

who will be taking care of calls on the west side of Xenia. Beavercreek and Xenia Township


will not be there to assist because they have their own calls to cover. Do you want a qualified 

person to take care of you or your family? He wants the highest level of care in the “City of 

Hospitality.” Did anyone give staff reductions and closing Fire Station #2 much thought? 

President Felton said Council spent hours discussing those decisions with the Fire Chief and City 

Manager who makes the final decision. She lives by Fire Station #2 and she knows what it 

[closing that station] means. All members of Council understand what Mr. VanDyne is saying. 

There is no money – that is the issue. The City of Xenia has the best Fire Department in the 

state. The final decision is up to the City Manager, but no one is making those changes because 

they want to. She asked everybody to look at the city’s budget. They have already cut 24 

positions since 2003, and based on the recommendations, she does not know where else to cut. 

She asked Council members if she was correct. 

Councilman Louderback stated all members of Council supported the tax levy, but it did not 

pass. The voters made that decision, not City Council. The consequences of a failed levy are 

that Fire Station #2 will close and they will have to lay off public safety staff, but they do not 

like doing that. He went door-to-door with firefighters and police officers to try to get the levy 

passed. The citizens decided [to not pass the levy], not this Council. 

President Felton said she did not think voters understood, but no matter what Council did, they 

were not listening to the critical issue of having the Fire Division employees there when they call 

911. Mr. VanDyne believed the levy was a General Fund type levy and not a specific Fire /EMS 

type levy. President Felton said it is not going to be a Fire /EMS levy because the city also needs 

money for other things, such as street repairs. Mr. VanDyne said he has lived in Xenia his entire 

life and our city streets have always needed repairs. It is not like we need $1 million right now 

to fix our streets. He would rather have a Fire Division levy. President Felton said the Fire 

Division would take most of the money [generated from the levy]. Mr. VanDyne said he hopes 

they do. The Fire Division makes $1 million a year from EMS billings – where does that money 

go? Mr. Percival said that money goes directly to the 270 (Police and Fire) Fund. Mr. VanDyne 

asked how the money from Fund 270 was spent. Councilman Miller and President Felton said 

the money is spent on salaries, etc., for those department employees. 

Mr. Percival invited Mr. VanDyne to meet with him privately so he can go through the city’s 

budget with him. 

President Felton said she appreciates what Mr. VanDyne is saying and the only reason she 

interrupted him was because she felt he was implying that City Council is doing certain things, 

and that they don’t appreciate the Fire Division. Council does appreciate what the Fire Division 

does. Mr. VanDyne said he was not saying Council did not appreciate the Fire Division, but he 

wondered if there were other ways [to cut the budget]. He has asked the Fire Division all these 

questions. He is seriously thinking about running for City Council one day. He asked 

firefighters and many citizens for their opinions. He wanted everyone to know publicly to not 

take their firefighters and police officers for granted. The reason he did not want to give his 

address was because there will be nobody there to protect him if the city is getting rid of six 

firefighters and three police officers and Channel 5 is a public access channel. He wanted 

everyone to know that the firefighters recommended giving back 5% of their salary so those six


firefighters could keep their jobs. He wanted the public to know that the Fire Division is not 

being greedy and not asking for money. 

President Felton stated Mr. VanDyne was getting into budget and contractual issues that she 

cannot discuss in this forum, but she noted his information is incorrect. She would prefer that 

Mr. VanDyne sit down and talk with the City Manager, look at the union contracts and the 

amount of raises, and that the city promised if a levy passes in November, all the firefighters and 

police officers will be rehired because the city needs them. Mr. VanDyne said that was fine. He 

was not disagreeing with President Felton, but another levy will have to pass in November for 

those people to be rehired. President Felton said absolutely, so they need Mr. VanDyne’s help. 

Council spent months on this year’s budget and working with all the different union contracts. 

There is more to the issue than just needing the firefighters. We need police officers and more 

street maintenance workers. There are only three street maintenance workers and one of them 

does all the mowing for which the city is responsible. There are only so many hours in a day and 

the city has restricted overtime because there is no money. They did not purchase police cruisers 

this year because they have no money and they are making do with what they have. Every 

meeting she has been trying to get through to the citizens that Council backed the City Manager 

trying to run this government like a business. None of them wants to lay off employees or run 

their departments with minimum manning, but the city has no money to pay the bills. She does 

not know what else to do. Who else can the city layoff after they already laid off 24 employees? 

She cannot shut down the Wastewater or Water Treatment Plants. Where does she go? 

Mr. VanDyne said he did not know, but he is the father of two small children and he wants 

someone to respond when he calls. They all pay their taxes and that is a service that we all need. 

Councilman Louderback said they were all open to suggestions. Mr. VanDyne’s suggestion 

about a Fire and Police levy might be something Council may want to consider, but he only has 

one vote on City Council. Mr. VanDyne said people are tired of paying taxes, but felt a Police 

and Fire Levy would pass. Councilman Louderback thought Mr. VanDyne’s point was that 

voters might be willing to pass a Police and Fire levy, which is a point well taken and a 

suggestion he appreciated. He is always open to suggestions. 


Traffic Commission: Councilman Smith said the XTC met on May 3 rd and discussed a 

request from the Elks Lodge for an on-street handicap parking space in front of their building at 

71 E. Second Street. After much discussion, Commissioners felt a 15-minute drop off zone in 

front of the Elks Lodge would accommodate their need. The Elks agreed to this solution, and it 

was approved. 

Greene County Planning & Zoning Commission: Councilman Caupp said the Greene 

County Planning & Zoning Commission meeting was cancelled this month. 

Xenia Planning and Zoning Commission: Councilman Caupp said XPZC met on 

May 6 th and continued to review the proposed Community Design Guidelines. A second 

meeting will be held this month on Thursday, May 20 th at 7 p.m. to discuss them further.


Board of Zoning Appeals: Mayor Bayless said BZA met on April 26 th and reviewed 

two applications: 

 

 

Granted an extension of similar use on a provisional basis for one year to the Community 

Action Partnership (CAP) located at 1855 Bellbrook Avenue. CAP requested that the 

similar use granted by BZA in November 2006 to manufacture and package food as part 

of the Senior Nutrition Program be extended to allow for a program to train homeless 

individuals in the skills of food preparation and service in a cafeteria style setting. The 

original similar use precluded serving food on the premises because that was not a 

permitted use in the I-1 Light Industrial District. The BZA granted the extension of 

similar use to the CAP to allow them to serve food in a restaurant style setting. 

Granted a Conditional Use and Variance Requests filed by Verizon Wireless for 

construction of a 150’ tall monopole style wireless telecommunication tower and related 

communication equipment at 550 Bellbrook Avenue. One of the differences between this 

proposal and the amateur radio tower at Wright Cycle Estates heard a few months ago is 

that the telecommunication applicant followed the process of obtaining a conditional use 

from the BZA prior to construction. Telecommunication towers are allowed as a 

conditional use in the I-1 Light Industrial District. For further information or details, 

please contact City Planner Nimfa Simpson. 

Councilman Caupp asked where the telecommunication tower would be located. Mr. Percival 

said the tower would be located at 550 Bellbrook Avenue [close to Tremac]. 

ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Mills thanked everyone 

who purchased banners to enhance downtown Xenia. Each banner was sponsored by an 

individual, a family, an organization, or a local business. Please take the opportunity to 

recognize those sponsors because without them, there would not be any banners downtown. She 

knows how reduced budgets hurt everyone, but there is an event coming up that will cost 

nothing. On May 15 th , everyone is invited to join the City of Xenia, BRACA, and the Greene 

County Master Gardeners on Volunteer Day. The “Bloom with Xenia … Adopt-A-Spot” program 

is designed to allow people to adopt a downtown flower bed or flower pot, which includes 

weeding it, planting flowers, putting mulch down (provided by the City), and debris removal 

(provided by the City). She was excited to announce that many of the 62 spots have been 

adopted. If citizens are interested in joining them, please come to City Hall at 9 a.m. on 

Saturday, May 15 th . For further information, please contact Carol Atzbach, Greene County 

Master Gardener, at 374-1202. She thanked BRACA and Ms. Atzbach for coordinating the 

program. 

Councilman Louderback asked if there were still light poles available for displaying banners. 

Vice President Mills said yes. If people are interested in sponsoring a banner, please send a 

letter to the City Manager’s office. If enough people are interested, BRACA will investigate 

purchasing more banners. 

Councilman Caupp thanked Vice President Mills for chairing BRACA. He would not want to 

chair BRACA nor did he think he would be a successful chairperson. Vice President Mills has 

stepped up and done a lot with very little, as did the entire Board. Vice President Mills has


helped organize park and recreation events and cleaning and sprucing up the downtown area. He 

felt Vice President Mills should be commended for her efforts with BRACA. 

Councilman Caupp said he did not think there was anyone on Council who did not have the 

upmost respect for the Xenia Police and Fire Division personnel. At 6 p.m. tonight [during 

Executive Session] Council discussed the firefighters/EMS personnel. They all realize what we 

have. Unfortunately, the voters did speak and they have to make cuts, which were recommended 

to Council by management, and they were approved. President Felton said Council had a 

consensus, but they did not vote because the final decision is up to the City Manager. 

Councilman Caupp agreed. He wanted the citizens to know that when times get tough, people 

step up to the plate and find unique ways to think outside the box. Even with the tough times we 

are facing, he still has confidence in city personnel and feels pretty safe. 




Approve purchase of new Backhoe and accessory tools through State Bid Pricing for 

Water Department. Mr. Percival said the Water Maintenance Department needs to replace the 

current backhoe used for various repairs and preventive maintenance on the City’s water 

distribution system. The current backhoe is nine years old and has 5,583 hours. It is no longer 

reliable and is too costly to repair. A suitable backhoe is available on State Bid through 

Southeastern Equipment Company. A backhoe using State pricing offers a 46% discount. 

Included in the $67,860.04 price is $1,800 for an auxiliary hydraulic kit and $235 for a grip for 

the boom. He noted this is being purchased out of the Water Capital Improvement fund and not 

the General Fund. 

Mr. Percival respectfully requested that Council make a motion to approve the purchase of a new 

backhoe and accessory tools through state bid pricing for $67,860.04 and issue a purchase order 

to Southeastern Equipment Company in that amount. 

Motion by Councilman Louderback, seconded by Vice President Mills, to approve the purchase 

of a new loader/backhoe and accessory tools through state bid pricing for $67,860.04 and to 

issue a purchase order to Southeastern Equipment Company in that amount. Brief comment 

followed. Councilman Louderback noted the city saved 46% with state bid pricing, which is a 

great savings. The Roll on this was the following: 



Emergency Ordinance waiving competitive bidding and approving purchase of 

fitness equipment for Spring Hill Park. Mr. Percival said as everyone remembers, city staff 

made significant improvements at Spring Hill Park last year using 2008 CDBG money. 

Installation of playground equipment, a basketball court, new parking area, and a 

pedestrian/walking path were completed. Because the final cost of that work was less than 

anticipated, additional funds were available through the CDBG program to purchase fitness 

station equipment to complement the walking path at Spring Hill Park.


Mr. Percival respectfully requested that Council waive the second reading of an Ordinance at 

two consecutive meetings and pass as an emergency an Ordinance waiving competitive bidding 

and authorizing him to execute a purchase order for $15,310 to David Williams and Associates 

for the TriActive Fitness park equipment. President Felton noted No Key Operating Funds will 

be used for this project. Mr. Percival agreed the equipment would paid by Community 

Development Block Grant funds. 

Vice President Mills presented an ORDINANCE WAIVING COMPETITIVE BIDDING AND 

ACCEPTING A PROPOSAL FOR PURCHASE OF FITNESS EQUIPMENT FOR SPRING 

HILL PARK, AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Vice President Mills, seconded by Councilman Miller, that the rules requiring the 



Councilman Caupp thought the bid included only three pieces of equipment, which would not be 

enough equipment to complete all four fitness areas. Mr. Percival said the equipment would 

complete all four fitness areas on the walking path. Area 1 will have two air walkers and two 

elliptical machines; Area 2 will have a pull up/dip station and multi-bars; Area 3 will have a 

seated chest press; and Area 4 will have a sit up board and a double leg press. Councilman 

Caupp clarified they would not need to purchase more equipment for the pedestrian walking 

path. Mr. Percival said that was correct. 

Councilman Smith clarified they would be purchasing equipment suitable for use outdoors. 

Mr. Percival said that was correct. 

President Felton noted the agenda report states on December 9, 2009, the State allowed the City 

until June 30, 2010, to complete additional work at Spring Hill Park. Given the time frame, she 

asked why the Community Development Department was asking that another ordinance be 

passed as an emergency. 

Mr. Merriman said the Community Development Department follow Federal CDBG small 

purchase procedures regulations that require them to spend the dollars by June 30, 2010. After 

all the payments for work done last year were finalized, they had to determine how to use the 

remaining dollars. While the FY 2008 CDBG Formula was originally to be completed by 

December 31, 2009, in November 2009 the State approved an extension to spend the remaining 

dollars by June 30, 2010, which were included in the 2010 budget. City Staff then had to decide 

what types of equipment they wanted, how much funding was available, which equipment was 

most cost effective, and explored three different types of fitness equipment from six different 

vendors. He recognized President Felton does not like emergencies. 

President Felton said she could understand staff having some emergency ordinances, but the 

Community Development Department always has emergencies. Community Development’s 

emergency does not constitute a vote from her. Staff knew the remaining money had to be spent 

by June 30 th . She understood staff is busy and that other things are going on, but she is tired of 

emergencies. 

Councilman Louderback agreed with President Felton; he also does not like emergencies.



Ayes: Mills, Caupp, Miller, Smith, and Bayless 

Nays: Louderback and Felton 

motion carried. 

Motion by Vice President Mills, seconded by Councilman Miller, that Ordinance Number 10-14 



Nays: Louderback and Felton 


Introduction of Ordinance to Amend XCO Chapter 274 Classified Service. 

Mr. Percival respectfully requested that Council introduce an ordinance amending XCO Chapter 

274 Classified Service. President Felton entertained questions from Council. Hearing none, she 

entertained introduction of the ordinance. [This item was discussed in a Council Special Session 

prior to the Regular Session.] 

Councilman Caupp introduced an ORDINANCE AMENDING PART TWO – 

ADMINISTRATION CODE, TITLE EIGHT – BOARDS, COMMISSIONS AND COMMITTEES, 

CHAPTER 274 – CIVIL SERVICE COMMISSION TO REFLECT CHANGES DUE TO THE 

REORGANIZATION OF THE PUBLIC SERVICE DEPARTMENT, and it was read for the first 

time. 

Items for the City Manager: President Felton apologized for her reaction to 

Mr. VanDyne’s comments and questions during Audience Break. She asked Mr. Percival to 

explain the City’s layoff and rehiring procedures to the citizens and the Fire Division, and to 

explain where Council stands as a body in backing his decision. 

Mr. Percival said as part of the overall process, the city stated it needed additional revenue to 

continue to provide the current services. Without the additional revenue, they stated they needed 

to layoff six (6) full-time firefighters from the Xenia Fire Division, eliminate six (6) positions in 

the Xenia Police Division, which would include the layoff of three (3) full-time police officers, 

and that Fire Station #2 would close. They appreciate all the support and everyone’s efforts to 

pass the levy; the vote count was very close. Due to the failure of the levy, they are moving 

forward through the Civil Service process with the layoff of six (6) full-time firefighters, three 

(3) vacant police officers positions lost through retirements and resignations will remain vacant, 

and they will layoff three (3) police officers (for a total of (6) Police Division positions). He 

believed the Appointed Officials and Council agree they need to ask voters to reconsider passage 

of a levy in November. If the November levy is approved, the city would immediately rehire 

those individuals and reopen Fire Station #2, even though the tax rate would not be effective 

until January 2011. 

President Felton noted if the employees are rehired, they have to spend reserve money, but they 

would have to figure out a way to pay back the money because they have to have a reserve fund. 

Mr. Percival thought they would be able to do that. President Felton said citizens have asked her 

why the city is not spending the reserve money. Regardless of the layoffs, if the city spent all the 

money that needed to be spent, they would be in the red and they would be unable to pay the 

bills without using the reserve money.


Councilman Louderback asked the current balance in the cash reserve. Mr. Bazelak said the 

cash reserve is two months worth of expenses, which would be about $2.4 million, but he did not 

know the exact amount currently in the fund. Councilman Louderback said some people call it 

the cash reserve but he calls it the “Rainy Day Fund.” The last time he checked, it was around 

$3 million. Mr. Bazelak said the cash balance as of April 30 th was more than $2.4 million before 

the payment of bills. Councilman Louderback thought the cost of paying the salaries and 

benefits of six full-time firefighters and three full-time police officers was $250,000. He asked if 

the Appointed Officials were saying they would dip into the cash reserve to bring back those 

employees. 

President Felton said no – that would not be enough to cover those salaries for one year. 

Councilman Miller agreed. Councilman Louderback asked what the cost of salaries and benefits 

for six full-time firefighters and three full-time police officers would be. Mr. Bazelak said the 

$250,000 figure is what the city will save by laying off staff now as opposed to laying them off at 

the end of the year. Mr. Percival estimated $250,000 would cover those salaries for six months, 

minus the unemployment benefits. Mr. Bazelak said it would cost around $700,000 to fund all 

ten positions, which would not include contractual increases. Councilman Louderback clarified 

they would need to spend $700,000 to avoid laying off nine employees through the end of 

December 2010. Mr. Percival said they would probably have to use $125,000 at the end of the 

year from the cash reserve fund. Councilman Louderback said he has always been a proponent 

of dipping into our Rainy Day Fund, but he is just one person with one vote. 


Schedule of Bills: Mr. Bazelak presented payment of bills in the revised amount of 

$453,628.17. The revision is on page 13. There was an invoice from Professional Service 

Industries for $1,800, but the amount is actually $1,850. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to approve payment of 

bills in the revised amount of $453,628.17. Discussion followed. 

Councilman Miller said he noticed that most tires and repairs are purchased from Detroit Tire in 

Xenia. There is another Xenia business that sells tires, but he was not sure if Detroit Tire was a 

sole provider. Mr. Percival said he would check. Councilman Louderback noted Pitt Stop and 

Goodyear also sell tires and do repairs. Mr. Percival agreed there were other Xenia businesses 

that sell tires. He thought they use the lowest price, but all tires are purchased in Xenia. 

President Felton asked Mr. Percival to get back with Council on Councilman Miller’s question. 

Mr. Percival agreed to do that. 




Items for the Finance Director: Councilman Caupp said several residents asked him if 

the city was moving forward with AT&T U-Verse. Mr. Bazelak said they had discussions about 

doing some live streaming with AT&T and Xenia Community Schools in terms of sharing costs. 

At this point, he felt it would be prudent to wait until next year to look at it again to see if it


makes sense. He was not sure how many people use AT&T U-Verse as compared to Time 

Warner Cable in order to determine if they wanted an additional expenditure to provide that 

service at this point. He was certainly open to suggestions from Council on that endeavor, but 

that is where they stand at this point. Councilman Caupp asked if anyone contacted the other 

seven jurisdictions to find out how much they pay for AT&T U-Verse. Mr. Bazelak said he did 

not know if Mr. Cardenas had done that, but he will check. Every situation is different, but the 

city would need an additional internet connection line. 




Items for the Law Director: Mr. Lewis noted the city negotiated a settlement with 

Mrs. Tehan to compensate the city for its overtime costs, which he was happy to get 

accomplished. The city will “be made whole.” 

READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback had 

nothing further to share. 

Councilman Caupp said he had the pleasure of going to Virginia Beach two weeks ago with the 

local Citywide Xtreme Cheerleaders who participated in the U.S. Eastern Finals. All three Xenia 

hip hop teams received first place in their respective categories. Two cheerleading groups got 

second place (on which his daughter is a cheerleader); one group got seventh place; and one 

group got ninth place. There were 650 teams from all across the east coast, Michigan, and Ohio. 

The Xenia Citywide Xtreme Cheerleaders did well. The Citywide Xtreme is currently accepting 

registrations for competition cheer and Peewee football cheer (K through 6 th grade). 

Registrations are also underway for the football teams. 

Vice President Mills said she would like to acknowledge a few things that are great 

accomplishments for our community. Xenia High School’s “Project Lead the Way” (an 

organization through the Greene County Career Center, Sinclair Community College, and other 

area high schools) just competed in the National Robotics Competition near Columbus. Since 

she works in the Xenia High School clinic, students came in numerous times to weigh their 

robots to make sure they had the best possible robot. She was proud to announce that Xenia 

High Schools’ team placed first and fourth place in the mid-weight sumobots competition where 

robots weigh 50 pounds and is similar to what sumo wrestlers do. The team placed second in the 

robo hockey competition which uses 15 pound robots and is similar to a hockey team. The team 

included students from engineering and other departments. The Xenia High School Class of 

2010 is celebrating its students’ academic success by naming five valedictorians. This year’s top 

scholars include Matthew Burket, Emily Harkleroad, Clinton Krakowiak, Megan Sanders, and 

Erika Thorn. Congratulations to all the students! She noted a second Subway Restaurant will be 

constructed at 1355 North Detroit Street beginning this summer. Los Mariachis Restaurant at 

608 North Detroit Street is expanding at their existing space. She thanked Councilman Caupp 

for his compliments about BRACA. BRACA is proud to announce that the first “Music in the 

Park” event will be held at Shawnee Park on June 6 th featuring Ralph Kettering and the 

Impossibles. BRACA is still looking for more entertainment.


Mayor Bayless commended the Fire and Police Divisions. She attended the excellent “Public 

Safety Day” on May 1 st at Fire Station #1 and City Hall. She also attended a wonderful Athletes 

in Action program at the Schindler Banquet Center featuring commentator Clark Kellogg. She 

attended the quilt program at the Greene County Fairgrounds and was able to speak with the 

president of the event. They have held the event in Montgomery County, but the President felt 

the Greene County Fairgrounds was a perfect spot to display the quilts and was very excited 

about reserving a spot in Xenia next year. Last night, President Felton, Vice President Mills, and 

she attended the Xenia Police Division’s 19 th Annual Awards Ceremony. Part of the program 

was funny, but on the serious side, it made her wish the citizens could have heard about all the 

Police Division has done to keep our community safe. It was an outstanding event. Although 

the levy failed, she is still optimistic about Xenia’s vivid history and vibrant future. 

Councilman Smith said he also attended the Public Safety Open House on May 1 st and 

appreciates the efforts of the Police and Fire Divisions. As the weather gets nicer, a lot of kids 

will be outside playing at parks and unfortunately, sometimes in the streets. It often seems like 

kids are not well supervised, but as a parent, please watch your kids when they are playing 

outside. He congratulated the Xenia High School Class of 2010 who will be graduating on 

May 26 th . He spent a lot of time sprucing up his yard the last few weeks and purchased plants at 

Walmart and Lowe’s, but he also shopped at Wickline’s Florists. Before he even paid for his 

plants at Wickline’s, employees already had the plants by his van ready to load. He knows 

Wickline’s does a lot for our community, and he wanted them to know about his positive 

shopping experience. As a business owner, he really appreciates that Wickline’s is working hard 

to provide good service. Someone came up to him the day after the election and said they were 

sorry to see that City Council “took one on the chin” after the levy defeat. As an optimist, he 

would like to thank those citizens who voted in support of the community and the City of Xenia. 

He is an advocate for safety who believes in supporting our Fire and Police Divisions and will 

continue to do so while serving on City Council over the next four years. 

Councilman Miller thanked his wife and children for their help and support the last 45 days. 

Thank God they were not personally attacked like the three Mayors that supported him during 

the local campaign. He would like to make sure the three Mayors get some sort of recognition 

other than being bad-mouthed because they have a thankless job compared to City Council. 

Mayor Bayless is only paid an additional $500. He appreciated the three Mayors’ confidence 

and will continue to endeavor. He was sorry all three Mayors were personally and wrongfully 

attacked by his opponent. 

President Felton said they had fun at the Police Division’s Annual Awards Ceremony last night 

but she was sorry more citizens did not attend since the event is always open to the public. An 

award was presented to a citizen for stepping in and helping the police. The Police Chief did a 

good job of mimicking the City Manager who was unable to attend the event due to illness. 

They also had pictures of police staff that looked like celebrities. They thought the Police Chief 

looked like Newt Gingrich, and he does. They showed a picture of her from 20 years ago, and 

then showed a picture of Jennifer Aniston! [Laughter followed.] She thought it was all done in 

fun and she appreciates the Police Division. The awards presented and cases the police solved 

were fantastic. Detective Holly Clay received the Casey Elliott Memorial “City’s Finest” 

Award. With the assistance of other police personnel, Detective Holly Clay was instrumental in


finding a child predator in Toledo who took two girls from Xenia that he met on the Internet. 

The police put in a lot of extra time solving cases. For years, she rode along with the police, but 

has not done that lately. The police officers who received recognition included tenured 

employees and newly hired staff. Some of the new police officers facing layoffs were among 

those recognized for their fantastic work. She felt it was important for Council to show their 

support for the Police and Fire Divisions. 

President Felton recognized there are a lot of things they cannot do anything about, but a good 

community service that citizens could do to improve their neighborhood is to mow the tall grass 

at foreclosed properties in Xenia. Ms. Duteil checks on tall grass complaints, sends letters to 

property owners, the city cuts the grass, and bills the owner. However, property owners often do 

not pay their bills, so those charges are added to their tax bill, which takes forever to recover. 

She felt it would be a good community service for everyone to help their neighbors. We take 

over food if someone is sick or passes away. Right now we need to help our community and 

neighbors. She wished she could help, but she can’t; however, there are young people who can 

help. When you cut your grass, don’t throw it in the street like some businesses are doing. 

Referencing Councilman Smith’s comment about Wickline’s Florist, she noted she shops at 

Handyman Ace Hardware in Xenia. She can go into Handyman and sit down. Those employees 

greet her at the door, ask her what she needs, and find it for her. Remember the small, local 

stores in Xenia because we need to support them. She heard that the coffee shop across from the 

City Building sells ice cream cones for $1.00. 



following: 










5:30 p.m. 

The Xenia City Council met in an Executive Session on May 27, 2010, at 5:30 p.m., in the First 

Floor Conference Room, City Hall, with the following members present: John Caupp, Dale 

Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

Jeanne Mills was absent. 

Motion by Councilman Miller, seconded by Councilman Louderback, to meet in Executive 

Session to discuss Personnel Matters and Potential Litigation. No discussion followed. The Roll 


Ayes: Caupp, Louderback, Miller, Smith, Bayless, and Felton 


The City Council met in Executive Session to discuss Personnel Matters and Potential Litigation. 


7:00 p.m. 

At 7:00 p.m., the Xenia City Council adjourned their Executive Session and convened in Regular 

Session in the City Council Chambers, City Hall, with the following members present: John 

Caupp, Dale Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia L. 

Felton. 


INVOCATION: Charlie Huff, Xenia’s John the Baptist, gave the invocation after which all 

joined in the Pledge of Allegiance. 


Smith, to approve the April 22, 2010, Regular Session minutes as written. No discussion 


Ayes: Caupp, Louderback, Miller, Smith, and Felton 

Abstain: Bayless 


Motion by Councilman Caupp, seconded by Mayor Bayless, to approve the May 13, 2010, 

Special/Executive Session minutes as written. No discussion followed. The Roll on this was the 

following: 

Ayes: Caupp, Louderback, Smith, Bayless and Felton 




Motion by Councilman Louderback, seconded by Councilman Caupp, to approve the May 13, 


following: 



SPECIAL PRESENTATION: “First Fridays” – Billie Spin and Annie Shell. Billie Spin, 

Manager, and Annie Shell, Owner of Gloss Salon, said they agreed to coordinate the “First 

Fridays” events in Xenia this year, which began last year. Ms. Shell said “First Fridays” is a funfilled 

community event featuring great activities for the entire family from June through October. 

During each event this year, they would like to honor a Xenia citizen to let them know that they 

appreciate everything they have been doing for the community. The first nominee to be honored 

is Xenia High School Varsity Hip Hop and Cheerleading Team Coach, Nikki Dinwiddie, whose 

teams won the national event this year. Ms. Dinwiddie does not get paid to be a coach, so they 

felt it would be nice to recognize her and her teams for doing a great job and for making the city 

proud. Hopefully, the award will be presented by Mayor Bayless. 

Ms. Shell said the June 4 th event will include businesses outside downtown Xenia. Businesses 

will be open late offering sales and specials, there will be free entertainment, craft vendors, 

special food, games (cornhole, karaoke contests, raffles, and more). Trophy Sports is donating 

“First Fridays” T-shirts. All businesses that sponsor the event will get a T-shirt and everyone 

that works the event will wear them. The Chick-fil-A cow will be there to have pictures taken 

with children. A magician will be walking around performing for the kids. There will also be a 

vendor doing face painting and temporary tattoos. Bands have been booked for every Friday 

from June to October. June 4th will feature a band playing on the outdoor stage at All Sports Bar 

and Grill, as well as a big cruise-in car show at the Xenia Towne Square parking lot sponsored 

by the Greene County Road Runners. Cornhole tournaments will be held in the courtyard 

outside All Sports Bar and Grill. 

Ms. Spin said she talked with Fire Chief Leaming and he said fire trucks will be there for the 

kids. The Xenia Daily Gazette will print an article and WBZI will run a promotion for the event. 

A gentleman from the Greene County Road Runners has been a lot of help. He has distributed 

over 750 flyers all over the area. They hope to have a huge turnout. Detroit Tire, J.O. Harner 

Supply, and David Spriggs from State Farm Insurance have signs about the event outside their 

businesses. Trophy Sports will have a tent. They will map out all the locations of businesses 

and vendors. Schwan’s will have a truck in the parking lot by the former pet store [on King 

Street]. She is working on getting vendors for funnel cakes and a milk shake/sundae concession 

stand, but she needs approval from the City to run electric. The sign on the fence at All Sports 

Bar and Grill was donated by GCL Equipment and there will be a banner hanging across Main 

Street. David Spriggs from State Farm Insurance donated all the signs that are posted in business 

windows and for posting in yards. They are working with a lot of non-profit organizations. 

XARSC will sell their cookbooks and have a bake sale. A former Xenia business now located in 

Kettering, We Care Arts, is coming. The organization teaches art to adults with disabilities and 

the person receives a commission from the sale of their artwork. So far the event is pretty 

packed. They are trying to bring the community together and want everything to work out.


Due to the current economy, Ms. Spin said it is difficult to get sponsorships. All sponsors have 

to sign an agreement releasing the city from any liability. If the sponsor is not a non-profit 

organization and is selling anything, there will be a $25 fee per event or a $100 fee for all five 

“First Fridays” events, which will help cover the band fees. There will be a XAMA meeting 

next Thursday at 6:30 p.m. at Gloss Salon and anyone interested is invited to attend. 

Councilman Louderback said he has worked with Ms. Spin and Ms. Shell for awhile and was 

glad they took over “First Fridays”—he believes everyone will see some exciting events. The 

ladies put their hearts and souls into everything they do. The great band Just-N-Tyme is back 

together and will be performing. The lead singer, Darrell Lieurance, is an old high school friend. 

Ms. Spin said Mr. Lieurance is her uncle. Councilman Louderback thought the car show would 

bring quite a crowd. Guys and kids can look at the cars while the ladies shop. Ms. Shell said 

they are trying to get Gabrielle Enright to do a broadcast for the awards ceremony. Councilman 

Louderback thought that would be great. President Felton said she has known the Lieurance 

family for years. 

Councilman Smith thanked Ms. Shell and Ms. Spin for their efforts and volunteerism. Ms. Spin 

shared “First Fridays” flyers with Council. She said they are always looking for sponsors and 

gift card donations. Councilman Louderback asked for a sign about the event for his office. 


Revisions to Chapter 298: Fee Schedule (Fire Division). President Felton asked for the staff 

report. Mr. Percival said tonight’s public hearing is to discuss changes to Chapter 298: Fee 

Schedule (Fire Division). These changes were originally recommended by the Fire Division and 

endorsed by City administration in the fall of 2009, but when the last fee schedule was passed by 

Council on December 29, 2009, they were inadvertently omitted from the final listing of 

amendments to the Fee Ordinance. In addition to the amendment to the fee ordinance for fire 

service fees, it is critical to update the ALS (advanced life support) and BLS (basic life support) 

run numbers because of the changes in Medicaid and Medicare. Changes to fire alarms and fire 

inspections also need to be adjusted. There are various other minor changes to fire service/safety 

codes that require corrections to make them consistent with changes to the Ohio Building Code 

and various operations adjustments. Brief summaries of the changes were included in the agenda 

packets. Following the public hearing, Mr. Percival respectfully requested that Council 

introduce six (6) ordinances. 



favor of the changes to the fee schedule to step forward to speak. No one came forward to 

speak. She invited those against the changes to the fee schedule to step forward to speak. No 

one came forward to speak. She then invited those neither for nor against the changes to the fee 

schedule to step forward to speak. President Felton closed the public hearing at 7:20 p.m., and 

asked an introduction of the ordinances. 

Councilman Louderback introduced the following ordinances that were read for the first time:


ORDINANCE AMENDING PART TWO - ADMINISTRATION CODE, TITLE TWELVE: 

FEES, CHAPTER 298: FEE SCHEDULE OF THE CODIFIED ORDINANCES OF THE CITY 

OF XENIA, and; 

ORDINANCE AMENDING CHAPTER 242: DIVISION OF FIRE OF TITLE SIX – 

ADMINISTRATION OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA, and; 

ORDINANCE AMENDING CHAPTER 660: SAFETY, SANITATION, AND HEALTH OF 

PART SIX – GENERAL OFFENSES OF THE CODIFIED ORDINANCES OF THE CITY OF 

XENIA, and; 

ORDINANCE AMENDING CHAPTER 1450 FIRE ALARM SYSTEMS AND SMOKE 

DETECTORS OF TITLE FOUR – MISCELLANEOUS BUILDING REGULATIONS OF THE 

CODIFIED ORDINANCES OF THE CITY OF XENIA TO REFLECT CHANGES IN THE 

OHIO BUILDING CODE, and; 

ORDINANCE AMENDING CHAPTER 1452: FIRE LIMITS OF TITLE FOUR – 

MISCELLANEOUS BUILDING REGULATIONS OF THE CODIFIED ORDINANCES OF 

THE CITY OF XENIA TO REFLECT CHANGES IN THE OHIO BUILDING CODE, and; 

ORDINANCE AMENDING CHAPTER 1610: OHIO FIRE CODE OF PART SIXTEEN – FIRE 

PREVENTION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA. 



Charlie Huff, 1136 N. Detroit Street, said he just wanted to say “thanks,” which is something that 

is not often said. He has many friends in Xenia, but he wanted to personally thank each Council 

member and Appointed Official for the job they do. He prays for them—always has and still 

does. He used to sit next to President Felton when he served on the Beautification Committee. It 

was good to serve the public and do something that is worth speaking about. He marches with 

the cross every year, prays for everybody, and thanks God every day that he is alive. We all 

have our ups and downs, our hurts, and our pain. He does not come to Council meetings as often 

as he should because his wife is sick. He just wanted to say from his heart it was a pleasure to 

have each and every one of them as a personal friend. 


Planning & Zoning Commission: Councilman Caupp said XPZC met in a special 

session on Thursday, May 20 th to continue discussion on the Community Design Guidelines. 

The next meeting is June 3 rd at 7 p.m. in Council Chambers. There has been a lot of 

misinformation put out there, but if anyone has questions, please come to the meeting. 

President Felton said she received calls about the Community Design Guidelines. Her response 

was that she has not seen the guidelines because they are still being discussed by XPZC. If 

XPZC approves the guidelines, Council will have a publicized work session, at which time she 

will voice her opinion.


Mayors & Managers: Mayor Bayless said she attended the meeting that was held at the 

newly renovated Jamestown Opera House, a very beautiful building. She asked Mr. Percival to 

share what was discussed. Mr. Percival said Representative Robert Hackett, who serves the 

eastern half of Greene, Clark, and Madison Counties, talked about some of the issues being 

discussed in Columbus. It was a good presentation. The Greeneview High School Show Choir 

gave an excellent performance. He noted the Jamestown Opera House was built in 1888. The 

Opera House was vacant after 1936, and this was the second event held there since that time. 

Moana King and King Painting, who painted the Shawnee Park Pavilion, did all the renovations 

at the Opera House, which is absolutely gorgeous inside. The Opera House is something really 

positive for the Jamestown community. 


MVRPC Board of Directors met earlier this month. They discussed one project that is very dear 

to his heart called Rob’s Rescue. The purpose of Rob’s Rescue is to help emergency response 

systems in Greene County become accessible to people with disabilities. Several years ago, 

Greene CATS had an accident and the bus flipped over. Two MRDD riders were on board. Rob 

was a passenger who was high functioning but non-verbal, in a wheelchair, immobile, and had 

several medical issues. Another person was non-verbal, high functioning, but quite emotional. 

The Beavercreek Emergency Squad did a study and discovered there are no wheelchair 

accessible ambulances in Greene County. Although the first responders were effective and 

sensitive, they realized they needed more training on how to deal with people with special 

physical and emotional needs. Soon after the accident, members of the Beavercreek Fire and 

Police Departments, Greene County Sheriff’s Office, Greene CATS, First Transit, Board of 

MRDD, Greene, Inc., Miami Valley Hospital, and Wright State University’s Office of Disability 

Services, began meeting to better understand the scope of the problems and to develop potential 

solutions. Their studies also found there are no wheelchair accessible ambulances anywhere in 

the world, much less in Greene County. The Beavercreek Fire Department agreed to do a test 

site to allow Rob’s Rescue to facilitate implementing a three-part effort to (a) outfit one 

ambulance with equipment to make it a wheelchair accessible vehicle; (b) conduct enhanced 

training of First Responders to better deal with patients with special needs; (c) provide 

emergency dispatchers with pertinent, up-to-date, emergency information about Greene County 

MRDD consumers. He felt it was a very worthwhile effort in which Xenia will most likely 

become involved in the near future. 

Board for Recreation, Arts & Cultural Activities: President Felton noted Vice 

President Mills is the chair for this Board and she is ill this evening. She entertained a motion to 

excuse her from the meeting. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to excuse Vice President 

Mills from the meeting due to illness. No discussion followed. The Roll on this was the 

following: 

Ayes: Caupp, Louderback, Miller, Smith, Bayless and Felton 


President Felton noted this is only the second meeting Vice President Mills has missed in her 

four years as a member of City Council. She then shared the following information on Shawnee 

Park events. More detailed information is available on Channel 5:


• Annual Youth Fishing Derby (June 5 th ) from 9 to noon. Children do not need a 

license to fish and everything is free. 

• “Music in the Park” (6:30 – 8 p.m.) -- June 6 th will feature Ralph Kettering and the 

Impossibles and July 4 th will feature Ray Foster’s 4 to Go. 

Emergency Ordinance to make adjustments in appropriations for Music in the Park 

expenses in the Contractual Services – Shawnee Park Events budget line. Mr. Bazelak said 

on behalf of Vice President Mills and BRACA, he was pleased to announce that the City 

received a $1,500 donation today from Nationwide Biweekly Administration to offset the 

expenses for 2010 “Music in the Park” events. They would like to thank Nationwide Biweekly 

for the generous donation and to recognize Board member Sharon Creviston who was 

instrumental in working with Nationwide Biweekly on the donation so that “Music in the Park” 

can continue this year. It is necessary to make adjustments in appropriations for “Music in the 

Park” expenses in the Contractual Services – Shawnee Park Events budget line as an emergency 

since the first concert is June 6 th . 



CITY OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010, 

AND DECLARING IT TO BE AN EMERGENCY. 



placed at once upon its passage. Brief comments followed. 

President Felton explained adjustments in appropriations in the budget line for Shawnee Park 

Events needs to be made, but the $1,500 check from Nationwide Biweekly will cover that 

appropriation. No General Funds will be used. She said she would personally like to thank 

Nationwide Biweekly for the fantastic donation. 

Councilman Caupp thanked Mrs. Creviston for securing the donation and thanked everyone who 

serves on BRACA. BRACA is very involved in getting a lot of things done in our community. 

Councilman Louderback said he would also like to publicly thank Nationwide Biweekly. 




Motion by Councilman Louderback, seconded by Councilman Miller, that Ordinance Number 




ITEMS FROM CITY COUNCIL AND MAYOR: None.





Request to reject bids for the Loading Dock and Aerator Pad Rehabilitation at the 

Water Treatment Plant and approve the rebid of a refined project scope. Mr. Percival said 

on May 7, 2010, two (2) bids were opened for the loading dock and aerator pad rehabilitation 

project. After further review of the bids and proposed project scope as well as discussion with 

contractors, product suppliers and engineers, it was decided that the project scope needed to be 

defined and expanded in order to meet the technical details of the project. 

Mr. Percival respectfully requested that Council reject the current bids for this project, and 

approve the rebid once a refined project scope is developed. He noted Utilities Manager Jason 

Tincu was available for questions. 

Motion by Councilman Louderback, seconded by Mayor Bayless, to reject the bids for the 

Loading Dock and Aerator Pad Rehabilitation at the Water Treatment Plant and approve the 

rebid of a refined project scope. Discussion followed. 

President Felton said she talked with Mr. Tincu today about why the City Engineer was not 

involved in these issues. Mr. Percival explained that this is a specialized facilities project for the 

Water Treatment Plant, which is why they had some external help. Mr. Berger is a civil engineer 

not a structural engineer, and this is a structural project. President Felton thought the project 

involved a cement pad. Mr. Percival said that was true, but the aerator pad is part of the building 

structure. Mr. Tincu stated there is an extremely technical project scope. Staff initially worked 

with an engineering group to develop a detailed project scope and set of specifications for this 

type of specialized work, which requires much attention to detail. President Felton asked which 

engineering group was used. Mr. Tincu said Hazen and Sawyer provided some oversight and 

assistance. 




Award of Bid for Propane Supply for 2010/2011 for the Water and Wastewater 

Treatment Divisions. Mr. Percival respectfully requested that Council award the bid to 

Southwest Landmark, and authorize him to execute a blanket Purchase Order to the vendor at the 

quoted nominal amount and enter into a contract for the Propane Supply 2010/11-Water and 

Wastewater Treatment Divisions. Only one sealed bid was received from Southwest Landmark 

in the amount of $1.64 per gallon. The 2009/10 bid was $1.59 per gallon. The 2010/11 bid total 

represents a 3% increase from the previous contract. Bid packets were sent to four (4) service 

vendors including Collett Propane in Xenia. 

Motion by Councilman Miller, seconded by Councilman Caupp, to award the bid to Southwest 

Landmark, and authorize the City Manager to execute a blanket purchase order to the vendor at


the quoted nominal amount of $1.64 per gallon and enter into a contract for the Propane Supply 

2010/11-Water and Wastewater Treatment Divisions. Discussion followed. 

Councilman Louderback said he contacted another local vendor who stated they did not submit a 

bid because they wanted it to be a two-year contract due to the labor involved in removing the 

propane tanks. He did not know if that was something they could look at in the future in order to 

get more bids. Mr. Tincu said that was definitely something they could consider. He consulted 

with contractors about bidding on a two-year contract [rather than the bidder guaranteeing 

pricing for a 12-month period]. Because the price of propane varies, he was told if the contract 

was bid for two years, vendors would increase their price by $.05 to $.10 on either the front or 

back end of the contract to guarantee their profit. Since this project scope is already developed, 

it does not take a lot of administrative overhead to rebid the project yearly, and the City does 

save some money. Councilman Louderback said it appears it is more cost effective to bid the 

contract for a 12-month period. Mr. Tincu agreed. They got a great price from a local vendor 

and are happy with the current one-year bid. 

Councilman Smith asked if the price was guaranteed for one year. Mr. Percival said yes; they 

got a volume discount due to the City’s high usage. 




Award of Bid for Neighborhood Stabilization Program (NSP) Building Demolition 

Project. Mr. Percival noted the City was allocated $107,300 for demolition/land banking, 

$410,000 for residential development, and $28,700 for administration. This bid is for the 

demolition of five blighted, privately-owned residential structures. 

Mr. Percival respectfully requested that Council award the demolition bid for the first five NSP 

properties to Collett Excavating, and authorize him to execute a contract and a purchase order for 

$28,000.00. He noted FY 2008 NSP funds will be utilized for the completion of this project and 

no general funds will be utilized. The five properties slated for demolition in this award are 

705 E. Market Street, 147 S. Monroe Drive, 331 Taylor Street, 757 E. Third Street, and 282- 

286 E. Third Street. There are six houses on five properties. 

Motion by Councilman Miller, seconded by Councilman Louderback, to waive the irregularity of 

the late Addendum, award the demolition bid for the first five NSP properties to Collett 

Excavating, and authorize the City Manager to execute a contract and a purchase order for 

$28,000.00, noting that FY 2008 NSP funds will be utilized for the completion of this project. 


Councilman Caupp noted the last time a home was demolished for the City, the contractor came 

back and asked for payment of additional expenses because he did not realize the depth of the 

foundation. He wanted to ensure Collett Excavating inspected all five properties, is fully aware 

of all the structural issues, and will not be coming back asking for more funds. Mr. Percival said 

yes; in fact, because federal funds will be used, an asbestos company inspected all five properties 

and provided a written plan and assessment of the asbestos condition of the homes and


instructions for demolition, which was included in the bid documents. All the bidders inspected 

the properties prior to bid submittal. The bidders were asked to provide individual demolition 

quotes per structure as well as a total. He was pleased that six contractors submitted bids. 

Hopefully, several other properties can be demolished with federal funds. 

Councilman Louderback reiterated no general funds will be utilized for this project. 




Items for the City Manager: Mr. Percival reminded everyone the Annual Youth 

Fishing Derby will be held Saturday, June 5 th at Shawnee Park. Registration begins at 8:30 a.m., 

with fishing beginning at 9 a.m. Bait will be provided so participants just need to bring their 

fishing poles and have a good time. Trophies will be awarded in three different age groups, and 

thanks to many sponsors, door prizes will also be awarded. It is a great annual event and kids 

always have a wonderful time. 


Introduction of ordinance waiving competitive bidding to employ services of company 

to implement a check imaging, remittance processing and electronic deposit solution in the 

Utility Billing Division. Mr. Bazelak respectfully requested that Council introduce an ordinance 

waiving competitive bidding and authorize the City Manager to sign an agreement and execute a 

purchase order with F & E Check Protector Co. to purchase a Check Imaging, Remittance 

Processing, and Electronic Deposit Solution in the amount of $21,045.00 plus $.012 per scanned 

item. During a Council work session last fall, staff discussed the work load in the Utility Billing 

Office. At that time, the consensus was that they would try to use technology to increase the office 

efficiency rather than hire additional staff due to the economic conditions. In January 2010, a 

request for quotes was posted on the City’s website for a complete check scanning/processing 

solution (including all scanning equipment, software, and training). The system will scan all 

checks and stubs into the Utility Billing system, including scanning checks into the electronic bank 

deposit, thus increasing efficiency. A new account initiation fee of $50 that became effective 

February 1, 2010, will be used to cover the costs of the system. 

Councilman Caupp introduced an ORDINANCE AUTHORIZING THE CITY MANAGER TO 

EMPLOY THE SERVICES OF F & E CHECK PROTECTOR CO. FOR A CHECK IMAGING, 

REMITTANCE PROCESSING AND ELECTRONIC DEPOSIT SOLUTION WITHOUT 

FORMAL COMPETITIVE BIDDING, and it was read for the first time. 

Introduction of ordinance waiving the competitive bidding process and authorizing 

the purchase of recording and transcription equipment for the Xenia City Council 

Chambers. Mr. Bazelak said the existing four-channel recorder, microphones, and transcription 

equipment used the Xenia Municipal Court and City Clerk’s Office have exceeded their useful 

life, and the ability and cost to maintain the equipment is too cost prohibitive. The cost of the 

equipment was included in the 2009 budget, but staff felt it was best to forego the purchase until 

the budget crisis improved with the hope that the existing equipment would continue to function


properly. The Recording Clerk has experienced on-going and more frequent problems with the 

four-channel recorder resulting in unusable recordings. In April, the Municipal Court presented 

an opportunity to share the cost of replacing the existing equipment since the Court utilizes the 

City Council Chambers regularly as a second courtroom to conduct court on double docket days. 

Mr. Bazelak respectfully requested that Council introduce an ordinance waiving the competitive 

bidding process for the purchase of recording and transcription equipment from lowest bidder, 

Dolbey, in the amount of $9,643.62. 


Councilman Louderback stated if the Xenia Municipal Court was not sharing in the costs, he 

would vote against the purchase of the new equipment. Due to the current economic times, he 

thought “the buck stopped here.” He felt it would be counterproductive for Council to ask for 

this extra equipment. Since the Xenia Municipal Court is sharing in the costs, which they should 

do because they often use the Council Chambers, he will vote in support of the purchase. 

Councilman Caupp said during the Xenia Planning and Zoning Commission meeting last week, 

the equipment was not working properly; he confirmed there are issues with the equipment. 

Mr. Lewis said the Xenia Municipal Court had to have an additional hearing yesterday because 

the recording equipment malfunctioned during the original hearing. Because the case was going 

to be appealed, they had to have a completely new trial because the machine did not record 

properly. 

President Felton asked how old the equipment was. Mr. Bazelak believed the recorder was 

purchased in the 1980’s, and the transcribers were purchased in 1994 and 2003. Digital 

recordings eliminate the need for expensive audio tapes, the recording is cleaner and crisper, and 

the digital format is immediately available for a more secure, efficient, and convenient solution 

for all users. 

Councilman Smith stated if employees are expected to do a job, they need the proper tools to do 

that. He felt this was an important purchase. 

Councilman Smith introduced an ORDINANCE WAIVING COMPETITIVE BIDDING FOR 

THE PURCHASE OF RECORDING EQUIPMENT, SOFTWARE, AND A ONE-YEAR 

SERVICE AGREEMENT FROM DOLBEY AND COMPANY, and it was read for the first 

time. 


Motion by Councilman Caupp, seconded by Councilman Louderback, to approve payment of 


Mayor Bayless referenced Page 6 – Durst Brothers Excavating Inc. for E. Main Streetscape for 

$44,325. She wanted to make sure American Recovery and Reinvestment Act monies would 

cover the costs of the project and that no general funds would be used. Mr. Bazelak said that 

was correct; it is an ARRA funded project.


Councilman Smith referenced Page 1 – All-Pro Wildlife Control LTD for bird netting for 

$4,988.49 at the Ford Road WWTP. He asked how bird netting was used. Mr. Percival said 

there are two areas at the Ford Road WWTP where birds have nested and it has become 

hazardous for employees to work in those two areas. Staff tried using plastic owls, loud noise, 

lights, etc., but using bird netting is the only way to keep birds out of those two areas. 

Mr. Tincu said there are two overhanging areas at the Ford Road WWTP that were infested with 

birds in late 2009 and early 2010 and the bird droppings have became excessive and extremely 

hazardous to employees. Employees used a gas meter to make sure it was not an oxygen 

deficient atmosphere because it literally took their breath away. They contacted numerous wild 

life groups and contractors. As Mr. Percival said, they tried fake owls, loud music, and 

aluminum pans, but nothing worked to drive the birds out. They looked at three options 

(acoustics, sprays, and nettings), but the acoustics and sprays had additional overhead costs. The 

netting is permanent and will be there forever. The bid includes 2,850 square feet of stainless 

steel netting, fixtures, installation services, and a warranty. It is a capital investment that will be 

there forever to protect the integrity of the structures. 

President Felton asked if the birds could enter the building somewhere else. Mr. Tincu said the 

birds have not yet returned. He reiterated no general funds would be used; Fund 665 – Sewer 

Plant funds will be used. 






Request for authorization to Victim Assistance Program Director to apply for 

Justice Assistance funding through the Ohio Department of Public Safety. Mr. Lewis noted 

since 2007, the Victim Assistance Program through the Law Department has annually applied for 

and received a grant to fund the position of Restitution Coordinator. This position provides 

services to City residents by assisting individuals and businesses in requesting reimbursement for 

property damage and thefts. The program served over 400 people in 2009, assisting citizens in 

requesting almost $40,000 in restitution through Xenia Municipal Court. The position of 

Restitution Coordinator will and has always been a 100% grant funded position. In addition to 

being able to provide those services, the position has alleviated the Law Department from having 

to hire temporary help because this employee can fill in where needed and provides clerical 

assistance to the entire office. 

Mr. Lewis respectfully requested that Council authorize the Victim Assistance Program Director 

to apply for Justice Assistance funding in the amount of $45,460.00. 

Motion by Councilman Miller, seconded by Councilman Louderback, to authorize the Victim 

Assistance Program Director, through the Xenia City Law Department, to apply for Justice


Assistance funding through the Ohio Department of Public Safety in the amount of $45,460.00. 






ORDINANCE AMENDING CHAPTER 1294: SUPPLEMENTARY REGULATIONS OF 

TITLE SIX: ZONING OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA FOR 

THE PURPOSE OF UPDATING STANDARDS AND PROVIDING ADDITIONAL 

STANDARDS FOR CERTAIN LAND USES, and it was read for a second time. 

Motion by Councilman Miller, seconded by Councilman Caupp, that Ordinance Number 10-16 




Mr. Lewis presented an ORDINANCE AMENDING SECTION 1240.05 DEFINITIONS; 

RULES OF CONSTRUCTION OF CHAPTER 1240: GENERAL PROVISIONS AND 

DEFINITIONS OF TITLE SIX: ZONING OF THE CODIFIED ORDINANCES OF THE CITY 

OF XENIA, and it was read for a second time. 

Motion by Councilman Miller, seconded by Councilman Caupp, that Ordinance Number 10-17 




Mr. Lewis presented an ORDINANCE AMENDING PART TWO – ADMINISTRATION 

CODE, TITLE EIGHT – BOARDS, COMMISSIONS AND COMMITTEES, CHAPTER 274 – 

CIVIL SERVICE COMMISSION TO REFLECT CHANGES DUE TO THE REORGANIZATION 

OF THE PUBLIC SERVICE DEPARTMENT, and it was read for a second time. 

Motion by Councilman Caupp, seconded by Councilman Miller, that Ordinance Number 10-18 




President Felton noted Council has had regular meetings to discuss the above ordinances, 

which will be effective in 30 days. 


READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller said D-Day 

is the name given to the landing of 175,000 allied troops in Normandy, France, on June 6, 1944.


D-Day is also called Overlord, Omaha Beach, or the Normandy Landing. The landings took 

place along a 50-mile stretch of the Normandy coast divided into five sectors: Utah, Omaha, 

Gold, Juno, Pointe du Hoc, and Sword. On the first day of the invasion, 27,000 men died, which 

is the number of people that live in the City of Xenia. In less than 10 hours, more people died on 

that day than the number of people who voted in the Greene County primary election on May 4, 

2010. Those servicemen died so we can vote. It is an honor, privilege, and right to vote, but the 

turnout for the last a primary election was less than 30 percent. If you don’t vote, don’t complain 

to him. We should all remember those 175,000 men who stormed those beaches on June 6, 1944 

when it is time to vote in November. There should be a moment of silence on June 6 th to reflect 

on that. Everyone in his family has served in the armed services in some manner. 

Councilman Smith thanked the visitors in the audience for coming to the meeting tonight to 

show their interest in and support of the City of Xenia. He wished Vice President Mills get well 

wishes. As Councilman Caupp mentioned, he also wanted to thank Vice President Mills and 

BRACA for taking charge and doing a great job of bringing activities to Xenia. May 30 th is his 

twin’s 7 th birthday, and Lizzie and Maddie wanted him to mention their names. He wished 

everyone a “Happy Memorial Day” on Monday and congratulated the Xenia High School 2010 

graduates. 

Mayor Bayless said a representative from Senator Sherrod Brown’s office contacted her to take 

part in a telephone conference with him and other Mayors of small cities (cities with populations 

less than 50,000) relative to the Jobs for America Act. This was the first time Mayors of small 

cities were asked to give direct input. Senator Brown is compiling data on the financial 

condition of cities to support members of the Ohio Delegation who are sponsoring the Bill. The 

Bill will provide funds to states, local government, schools, and community-based organizations 

to save and create local jobs through the retention, restoration, or expansion of services needed 

by local communities. Our city’s streets and sidewalks are being upgraded with ARRA funds. 

The new information the Mayors give Senator Brown will help him build a case for funds to 

support the need for job retention and creation. She thanked BRACA for sponsoring “Bloom 

with Xenia … Adopt-a-Spot.” The Xenia High School football team was very involved and she 

was able to be a part of the event for a short while. She wanted to recognize the volunteers and 

BRACA for the things they do to keep the city looking beautiful. Tomorrow is the Annual 

Greene County Mayor’s Spring Prayer Breakfast from 7:30 a.m. to 9 a.m. at the Schindler 

Banquet Center at the Legacy Center. The event is sponsored by the Christian Men’s 

Fellowship. She wished everyone a “Happy and Safe Memorial Day.” 

Councilman Caupp noted Councilman Miller, Councilman Smith, and he all have twins. His 

twins will be seven years old in July, but they would never watch a City Council meeting even if 

he promised to wish them a Happy Birthday! (Laughter followed.) He wished everyone a 

“Happy Memorial Day” and asked us to remember why we celebrate the day. 

Councilman Louderback had nothing further to share this evening. 

President Felton noted Councilman Miller’s parents went on an Honor Flight to Washington, 

D.C. She watched a program on the History Channel about the Honor Flight, which is a nonprofit 

organization created solely to honor America's veterans for all their sacrifices. When the 

veterans got off the Honor Flight, bystanders were there applauding them. The veterans got to


visit and reflect at our Nation’s memorials. We need to teach our children about history because 

if we do not, history will repeat itself. She agreed with Mr. Huff that we need to be kinder to one 

another and not expect anything in return. She apologized for not doing more for others and for 

not saying “thank you” more often. Those gestures mean a lot to people, especially those who 

are ill. She sends a lot of “get well” cards, but does not do much visiting. 



following: 








June 10, 2010 


6 p.m. 

The Xenia City Council met in an Executive Session on June 10, 2010, at 6:00 p.m., in the First 




Motion by Vice President Mills, seconded by Mayor Bayless, to meet in Executive Session to 

discuss Pending Legal and Personnel Matters. No discussion followed. The Roll on this was the 

following: 



The City Council met in Executive Session to discuss Pending Legal and Personnel Matters. 


7:00 p.m. 


Session in the City Council Chambers, City Hall, with the following members present: Jeanne 

Mills, John Caupp, Dale Louderback, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 


INVOCATION: Dave Thompson, Vice President of Operations, Dayton YMCA, gave the 


Motion by Councilman Caupp, seconded by Mayor Bayless, to excuse Councilman Miller from 

the meeting. No discussion followed. The Roll on this was the following: 




Smith, to approve the May 27, 2010, Executive/Regular Session minutes as written. No 


Ayes: Caupp, Louderback, Smith, Bayless, and Felton 

Abstain: Mills 


XCC 06-10-10 Meeting Minutes, Page 2 


FY 2010 Small Cities Community Development Block Grant (CDBG) Formula Allocation. 

President Felton opened the public hearing and asked for the staff report. Mr. Percival said 

tonight is the second public hearing for the City's FY 2010 CDBG Formula grant application. 

The first hearing on February 11, 2010, invited individuals to submit projects or programs for 

funding through the City’s CDBG Formula grant. The City has been allocated $132,000 for 

eligible community development activities that can be implemented in late 2010 and 2011. 

Several applications for projects were received, and in May 2010, the Community Development 

Department convened the internal Development Review Committee (DRC) to identify and rank 

priorities for those projects and programs for funding. As a result of the rankings, the following 

projects are recommended to City Council for inclusion in the City of Xenia’s 2010 CDBG 

application: 

1. The inclusion of a shelter house, benches, and additional landscaping to complete the Spring 

Hill Park Project estimated at $55,000. Incremental improvements have been made at Spring 

Hill Park. City Council stated when a project is begun, they would like it finished and this 

will finish the Spring Hill Park project. 

2. The repair/replacement of sidewalks and curbs in the Downtown Tier Two Area estimated at 

$40,600. 

3. A Planning Grant in the amount of $10,000 that will be matched by Xenia Community 

Schools for the re-use/feasibility of the old East High School that currently houses the Board 

of Education. When the new schools are built, staff will be leaving that building and staff 

feels it is important that they look at different uses for the building so it does not remain 

vacant. 

The total for the three projects ($105,600), including administration costs ($26,400) equals 

$132,000. 

Following the public hearing, Mr. Percival respectfully requested that Council introduce a 

resolution authorizing him to submit an application for FY 2010 Formula Allocation funds from 

the State of Ohio by the application deadline of June 25, 2010. 


Councilman Louderback noted the agenda items states curbs and sidewalks will be replaced west 

of S. Detroit Street and east of S. Detroit Street. He asked for some landmarks, such as if the 

area included curbs and sidewalks in front of the bakery or X*ACT on E. Second Street. 

Ms. Crockett said yes, curbs and sidewalks on both sides of the street will be replaced all the way 

to Whiteman Street. Curbs and sidewalks could be replaced south on Detroit as far as Hill Street 

and north onto Main Street. 

Councilman Caupp asked if the work included the replacement of curbs and sidewalks in front of 

the Elks Lodge. Ms. Crockett said yes. They will consult with the engineer to see how far they 

can spread the dollars to replace crumbling and deteriorated curbs and sidewalks. Councilman 

Louderback agreed they needed to be replaced. Mr. Percival noted the curbs from Clark’s 

Cleaners to Detroit Street are bad. Councilman Caupp asked if a handicap ramp could be 

included in front of the Elks Lodge when the curb is replaced. Ms. Crockett said that is possible 

because handicap accessibility for sidewalks is covered with CDBG money.


Councilman Smith asked for clarification of the Planning Grant for the old East High School. 

He asked if that would be done with the assumption that the city would take over the old East 

High School when the schools vacate the property. Mr. Percival said no. They want to work 

with community groups, universities, and a large spectrum of people to figure out the best reuse 

for that building. He cannot think of a scenario where the city would take over that building. 

President Felton asked why they were not using CDBG money to fix potholes since paving streets 

is part of CDBG. They can use it in-house and do not have to spend the money on a few curbs and 

sidewalks or at the schools. Since the city has no money to repair streets this year, she asked why 

CDBG could not be used to repair streets. Mr. Percival said CDBG money cannot be used just to 

repair potholes. The dollars can only be used to repave an entire street. President Felton asked 

why the money could not be used for maintenance. Mr. Berger said CDBG money can be used for 

roadway rehabilitation, but he has never seen it used for simple street maintenance. As Mr. 

Percival stated, sections of a street can be rehabilitated. Mr. Percival noted the city has used 

CDBG funds to pave streets, such Mulberry and Walnut Streets, but he did not think the money 

could be used just to repair potholes because street maintenance is not eligible. He will check, but 

he is almost positive that the money cannot be used for regular maintenance of streets. 

President Felton asked if the money could be used for repairing the retaining wall on E. Third 

Street. She is looking for better uses of the money. Mr. Berger thought repairing the retaining 

wall would be an eligible project because it is a qualifying area and it is a capital improvement. 

Mr. Lewis did not think the city owned the retaining wall. Mr. Berger said the city is responsible 

for maintenance of the creek channel in that area as part of their permit with the EPA. Even if 

the city does not own the property, he thought the city would still have an obligation to replace 

or repair the retaining wall. Mr. Lewis said the subject of the retaining wall was researched a 

few years ago and it was not eligible. 

President Felton explained the procedures for audience comments, and invited those in favor of the 

resolution to step forward to speak. No one came forward to speak. She invited those against the 

resolution to step forward to speak. No one came forward to speak. She then invited those neither 

for nor against the resolution to step forward to speak. No one came forward to speak. 

President Felton closed the public hearing at 7:20 p.m. and entertained an introduction of the 

resolution. 

Councilman Louderback introduced a RESOLUTION AUTHORIZING THE CITY MANAGER 

TO SUBMIT AN APPLICATION AND ACCEPT FISCAL YEAR 2010 OHIO SMALL 

CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FORMULA 

ALLOCATION FUNDS AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT 

OF DEVELOPMENT, and it was read for the first time. 



Gregory Thacker, residing at Walter Sellers Apartments, 270 Mt. Vernon Drive, said there are four 

streets that intersect at Mt. Vernon Drive that need curb cuts for those in wheelchairs that live at 

Walter Sellers Apartments. The food pantry, Child Support Department, and Job and Family 

Services are located on Ledbetter Road, but those in wheelchairs cannot get there because they


have to go across the grass. If they try, they have to cross the road from the driveways and go onto 

Ledbetter Road because there are no sidewalks or curb cuts, which is unsafe. If they could install 

curb cuts and a crosswalk on Ledbetter Road to the County buildings, it would make it safer and 

residents could get to the food pantry and other government agencies. He can walk there but 

people in electric wheelchairs cannot get there because it is not accessible. Those people have to 

find someone to drive them there even though their electric chairs would have enough battery 

power to get them there if it was accessible. He did not think it would cost much money. 

President Felton said she would ask the City Manager to check into it. 

Mr. Thacker noted the Xenia Post Office is also not accessible. They are told they can use the 

service entrance in the back, but it is too steep and there is no railing for safety. There are also no 

signs indicating people can use that entrance, so a lot of people do not go there. The Greene 

County Courthouse was made accessible in the late 1970’s or early 1980’s. The Xenia Post Office 

is the only federal building in Xenia that is not handicap accessible. People have to ring a buzzer 

and hope that someone answers it so they can get in. The money used to replace the front sidewalk 

and parking lot could have been used to install a handicap ramp. He is no one, but City Council 

has the power. 

Mr. Thacker said he was not happy about the closing or moving of Xenia City Schools due to lack 

of funds. The Ohio Lottery was supposed to help Ohio schools and they were to receive 1% of the 

money, but evidently it is not enough money. The Ohio Lottery money is taxed at a 7% rate. He 

wondered why the school could not get that money. We have to educate our children and not force 

them to be bused to other schools. If there is no busing, parents will have to take their children to 

school, which is wrong. President Felton thanked Mr. Thacker for his comments. 


Traffic Commission: Councilman Smith said the XTC met Monday, June 7 th but he was 

unable to attend. Vice President Norman DeHaven chaired the meeting. The City Engineer 

discussed an issue regarding the School District. As part of the proposed improvements, the 

School District would like to “close off” the private drive that currently exists on the east side 

Arrowood Elementary School at Pawnee and Pueblo Drives that connects Rockwell Drive to the 

north and Pawnee Drive to the south. They also discussed traffic flow at the Dairy Dream, a new 

business that will be located at the corner of Detroit Street and Ankeney Mill. He then asked 

Mr. Berger to discuss the following two recommendations that were discussed June 7 th : 

Issue 1: An Appeal of the denial of proposed recommendation of the Xenia Traffic 

Commission to erect “Deaf Child” signs in the area of 592 Sheelin Road, as requested by 

Mr. Christopher Lauwers of the same address. The Xenia Traffic Commission (XTC) 

discussed the issue at great length at the April and May 2010 meetings at the request of Mr. and 

Mrs. Lauwers who have an 8-year old daughter with bi-lateral hearing loss. A suggestion was 

made at the April 2010 meeting that the Lauwers’ consider placing a “Child at Play” figurine, 

which can be found at most toy stores, at the end of their driveway at every instance that their 

daughter was outside and near the street. Mr. and Mrs. Lauwers believe that the erection of the 

traffic control signs is much more effective and requested that the XTC take action at the May 

2010 meeting. After considering the facts of the case and previous XTC decisions on similar 

requests, the Commission denied the request. A significant amount of the discussion at the XTC 

meeting centered on the effectiveness of these “non-enforceable” signs. The denial was based on


the previous action(s) of the XTC on similar requests in previous years and how this request was 

no different from other requests that were denied. Following the XTC’s denial of the Lauwers’ 

request, Mr. Lauwers is now asking that City Council overturn the recommendation of the XTC 

and direct City Staff to erect the “Deaf Child” signs in the area of 592 Sheelin Road. 

President Felton entertained a motion. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to erect “Deaf Child” signs 

in the area of 592 Sheelin Road. Discussion followed. 

Councilman Caupp noted Council received a copy of the e-mail and attachment he sent last 

night. He has done some research on this issue. Many traffic engineers feel "Deaf Child at Play" 

or "Deaf Child area" signs are not effective and are ignored by drivers. He also found many 

blogs where many parents of deaf children feel the signs are effective in alerting motorists and 

made them feel they were doing something to alert motorists that there was a deaf child in the 

area. The signs do not relieve parents of their duty to watch their children. There are many signs 

in cities that may not be warranted, including some stop signs. There is even a "duck crossing” 

sign in Bellbrook. The Manual on Uniform Traffic Control Devices (MUTCD) does not 

specifically forbid “Deaf Child at Play” signs and numerous cities allow those signs. 

Councilman Caupp noted he attached a policy and form and would like them to adopt a similar 

policy for Xenia. He would like to see “Deaf Child Playing” signs erected on Sheelin Road. 

Drivers from outside the area use Sheelin Road to get to West Side Park, and the signs may draw 

some attention from drivers. He would like Council to send something back to the Traffic 

Commission directing them to come up with a policy. The policy he attached requires an 

application every three years to ensure the sign is still needed in the area or the child has reached 

a certain age and can be removed. There are “Deaf Child Playing” signs on Montana Drive that 

have been there over 30 years, which obviously need to be removed. Those signs could be 

removed and used on Sheelin Road. He would also like Council to give the Traffic Commission 

a directive to create a policy similar to the one he shared from another city. 

Vice President Mills agreed with Councilman Caupp. When she moved to Xenia, she called the 

city and asked if “Children at Play” signs could be erected in their cul-de-sac where 12 children 

lived and was told no and was asked what made her neighborhood need a sign more than other 

neighborhoods where children also play. She was told there are children at play all over the City, 

and that made sense to her, but this request is different because the child is deaf. She agreed 

drivers may often ignore certain signs after a while. We have ordinances for a reason, but this is a 

time when we need to make an allowance. This sign is not for every child; it is for a special child. 

Councilman Louderback said several months ago, Mr. Lauwers approached him and Councilman 

Caupp and asked about having a “Deaf Child Playing” sign erected on Sheelin Road. He told 

Mr. Lauwers that would not be a problem, but he had no clue the request would come this far. 

This is a great country and we can speak freely. Why do so many people ask “why” instead of 

“why not?” All Mr. Lauwers is asking for is a sign. We have “Don’t feed the geese” signs at 

Shawnee Park, bicycle crossing signs, and school crossing signs at all our school crosswalks. He 

was amazed that the Traffic Commission denied the request. He addressed the Traffic 

Commission and the Commissioners were not happy with him, but so be it. When you have a 

child with a special need, put up the sign, which is what he has said from the beginning. His


parents taught him several things – use common sense and live by the Golden Rule. Common 

sense tells him to put up the sign and don’t give him six pages about why you can’t put up the 

sign. Nobody is asking our Police Division to enforce it at all and no one has said that from the 

beginning. All they want is a warning sign, just like they have all over the city. If we can erect 

signs for ducks and deer, why can’t we put up a sign for a child? He is very upset with the 

Traffic Commission and he wants to go on record that he was sorry it had to come this far. 

Councilman Smith shared a handout with Council on various responses he received when he 

asked about the effectiveness of a “Deaf Child” sign in residential neighborhoods. He wanted 

the public to know he was appointed to the Traffic Commission in February, and as chairperson, 

he does not have a vote on the Commission. This issue was discussed at length at two meetings 

and the request was denied at the second meeting. He was not saying that a “Deaf Child 

Playing” sign would not be effective on Sheelin Road. However, according to responses he 

received, studies have shown that “Deaf Child at Play” signs are feel good signs for the people 

who want them erected. Since this request was discussed, there has been an additional request 

for another “Deaf Child” sign. 

Mayor Bayless reminded everyone that she was an educator for 35 years and wants to do things 

that protect children, which is very important to her. Therefore, this issue was of particular 

interest to her and if it actually protected child safety, she would support it. Like other members 

of Council, she did some research to obtain information as it relates to the effectiveness of signs 

for deaf children in neighborhoods. She checked with State agencies, organizations for the deaf, 

outreach programs, Miami Valley agencies, opinions from individuals, and Internet sites, and 

there are some concerns. 

1. Opinions: Most said the signs are ineffective and that traffic pays no attention. Even if drivers 

initially pay attention, after awhile they don’t. It disturbed her when she read the signs alert 

predators to a child’s location. The greatest support came from parents of deaf children. 

2. Is this a Police matter? No, because their job comes after the fact with speed violations and 

accidents. 

3. What is a parent’s responsibility? Does the sign present a false sense of security? In this day and 

age, she felt all children need adult supervision while outside and should never be left alone. 

Having studied all those positions, she supports the investigation and decision of the Traffic 

Commission of not erecting the “Deaf Child” sign. The erection of a sign seems to create more 

of a false sense of security rather than actual protection of children, and that is her interest—the 

protection of children. 

President Felton agreed with Mayor Bayless. But if the sign is allowed, she would like a yearly 

requirement that the resident notify the city if the sign is still needed or if they move. She 

requested that Councilman Caupp amend the motion to include that requirement. 

Councilman Caupp said he would rather Council vote on the motion as presented. If he needs to 

make a separate motion to give the Traffic Commission a directive to create a policy, he will. 

President Felton said a vote of Council is not needed because it would be a recommendation 

from Councilman Caupp to the Traffic Commission, and the XTC can either follow the 

recommendation or not. She asked Councilman Caupp to amend his motion. 

Councilman Caupp amended the motion to erect “Deaf Child” signs in the area of 592 Sheelin 

Road and that Mr. Lauwers notify the City Manager every spring if the “Deaf Child Playing” 

signs are still needed on Sheelin Road. Discussion followed.


Mr. Lauwers said he had no problem with notifying the City Manager every spring. 

President Felton said the city has denied previous requests for signs. Last year, the City denied a 

request for a handicapped parking space in front of a residence because there was off-street 

parking in the back of the residence. She noted it was a safety issue because the handicapped 

driver would have to exit their car on the street. There are a lot of issues, but she was concerned 

drivers will not pay attention to the sign because they don’t even pay attention to speed limit 

signs. She thought the sign would present a safety issue later on because drivers will not pay 

attention to the sign. She understood Mr. and Mrs. Lauwers were trying to protect their 

daughter, but she did not know if a sign would help. 

Mr. Lauwers asked to address Council. President Felton agreed to allow him to speak. 

Chris Lauwers, 592 Sheelin Road, had one question for Council. He asked what the sign in the 

middle of the crosswalk in front of City Hall on N. Detroit Street says. President Felton said she 

did not know. Mr. Lauwers clarified President Felton is a member of City Council and did not 

know what the sign says. President Felton said no. Mr. Lauwers noted the sign says “pedestrian 

crosswalk.” You don’t see the sign but you know it is there and that you are approaching it. 

You can pass the “Deaf Child Playing” sign 7,000 times and never see a child, but if you see a 

child, that sign is going to pop up in your mind and you will know a deaf child lives in that area. 

He did not have a problem notifying the city if/when they vacate the premises. He let the 

Jamestown Mayor know he could remove the “Deaf Child” sign because they were moving. 

President Felton said she could see Mr. Lauwers’ point and had not thought of it that way. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to table the motion for 

discussion at the next Council meeting. Discussion followed. 

President Felton asked why they wanted to table the motion since they have four votes in favor. 

Councilman Smith said the Traffic Commission knew this was coming to Council and stated 

they would respect Council’s decision. Councilman Louderback said with all due respect, he 

asked President Felton why she stated four Council members would vote for passage of the 

motion. President Felton thought Councilman Smith would support passage. Councilman Smith 

said he could live with it. 

Councilman Caupp withdrew his motion to table it. 

The Roll Call on the original motion, as amended [to erect “Deaf Child” signs in the area of 

592 Sheelin Road and that Mr. Lauwers notify the City Manager every spring if the “Deaf Child 

Playing” signs are still needed on Sheelin Road] was the following: 

Ayes: Mills, Caupp, Louderback, and Smith 

Abstain: Bayless and Felton 


Councilman Louderback asked why Mayor Bayless and President Felton abstained. Mayor 

Bayless said because she wanted to. President Felton said she did not want to vote “nay” and an 

abstention goes with the majority. Councilman Louderback said he understood that.


Issue 2: By motion establish and enforce a 15-Minute Parking Limit for drop off in front of 

71 E. Second Street (dba Xenia Elks). The Xenia Traffic Commission (XTC) discussed this 

issue at great lengths at the April and May 2010 meetings at the request of Ms. Jana Maggard, 

representing the Xenia Elks. Ms. Maggard originally requested that a handicapped parking space 

be allotted to better accommodate patrons with special physical needs. City staff requested that 

if the XTC were to agree to allot such a parking space on a City Street, that it truly becomes a 

handicap space, meaning the construction of an ADA-compliant ramp with depressed curbing 

would be required. After lengthy discussions and questions with Ms. Maggard, the parties 

agreed that in lieu of a handicap parking space, a better solution would be a 15-minute drop-off 

zone, which would provide enough time for a special needs patron to exit a vehicle (i.e. “drop 

off”) and at the same time avoid the necessity for any alterations to the adjacent curb and 

sidewalk. Ms. Maggard had no objections to the proposal and indicated the solution would 

achieve what she was ultimately seeking. 

Motion by Vice President Mills, seconded by Councilman Louderback, to establish and enforce a 

15-Minute Parking Limit for a drop off zone in front of 71 E. Second Street (Xenia Elks). 


Vice President Mills asked if the 15-Minute drop off zone would be painted. Mr. Percival said 

there would be a sign indicating it is a 15-minute drop off zone. Councilman Caupp did not 

believe there were currently any parking spaces in front of the Elks Lodge. Mr. Percival said the 

curb is painted yellow and no parking is currently allowed. 

President Felton asked if X*ACT had handicapped parking spaces in front of their building. 

Mr. Percival said no, although there is parking allowed in front of the building. X*ACT uses the 

handicap parking spots at the adjacent radio station. 




Greene County Regional Planning Commission: Councilman Caupp said the May 

meeting was cancelled due to lack of agenda items. 

Board of Zoning Appeals: Mayor Bayless said there was no BZA meeting in May due 

to lack of agenda items. 

Board for Recreation, Arts, and Cultural Activities: Vice President Mills asked to 

provide a report on BRACA since she missed the last meeting. President Felton said that would 

be just fine, since she had a handful of items to talk about. Vice President Mills thanked the 

Board, which includes Barbara Stafford, LaShann Latimer, Sharon Creviston, Kyle Hatfield, 

Todd Patterson, and Melissa Spangler. She is very proud of the job BRACA is doing—they are 

doing an awesome job growing and reaching out to sponsor many new and old activities. 

She noted BRACA met on June 8 th and discussed the following: 

Beautification Awards program. Anyone can nominate a home or business for a Beautification Award by 

dropping off a nomination form at the City Manager’s office. Electronic forms are available on the city’s


 

 

 

 

 

 

 

website and Facebook and hard copies are available at City Hall and the City Service Center. The forms 

contain the guidelines and criteria for nominations. 

Nationwide Biweekly Administration is sponsoring all the “Music in the Park” events this season! She 

thanked Board member, Sharon Creviston, for all the work she has done to make “Music in the Park” a 

success this year. 

Completed Shawnee Park Summer Events: 

o Annual Fishing Derby (June 5 th ). The Derby had the biggest attendance ever with 139 kids attending. 

Every child received a gift. A 9-year old girl caught a 63 pound, 40” catfish with a night crawler. Board 

member, Todd Patterson, was in charge of the event and so excited about it. 

o Music in the Park – Ralph Kettering and the Impossibles (June 6 th ) 

Upcoming Confirmed Shawnee Park Summer Events: 

o “Music in the Park” – July 4 th is Ray Foster’s 4 to Go 

o Kiwanis Ox Roast / Music (July 25 th ) 

o “Music in the Park” – August 1 st is Runnin’ Outta Tyme 

o Relay for Life (August 13 th and 14 th ) 

o Community Picnic (August 29 th from 4 to 8 p.m.) 

Proposed Shawnee Park Summer Events: 

o “Movies in the Park” – (August 21 st ). They set a deadline of July 15 th to get enough donations to show a 

movie, which is very costly. If anyone is interested in making a donation in any amount, please contact 

the City Clerk, Michelle Johnson. Donation letters are also being mailed. 

Phase II of Banners. They would like to get sponsors for ten more banners. She has four orders 

confirmed and is looking for six more sponsors. The City Manager’s secretary, Connie Mann, has 

application forms or they can be mailed. The banners cost $120 and are guaranteed for three years. 

“Bloom with Xenia – Adopt a Spot.” She thanked the following students and teachers: Industrial 

Technology teacher Chad Muterspaw for making 26 signs, Vocational Agriculture teacher, Matt Smith for 

making the 3’ shepherd hooks for all the flower pots, and Industrial Technology teacher Dave Oldiges for 

doing the laser lettering on the wooden signs to acknowledge the adoptees. If it were not for these teachers 

and students and their donations of materials, there would be no signage. She thanked the schools for 

partnering with BRACA and the city to make the event a success. There are pictures of a few of the ‘spots’ 

on the city’s Facebook page. 

City of Xenia Garden Spots. There are still garden spots available at the City’s Service Center for rent at 

$13 a year. Contact Ed Quinlan for more information. 

President Felton said she would like to compliment BRACA and the volunteers for investing a 

lot of time in successfully moving forward with events that were previously handled by the Parks 

and Recreation Department that was eliminated. 





Introduction of Ordinance to place a .5% Income Tax Request on the November 

Ballot. Mr. Percival noted the City of Xenia placed a request on the May 4 th primary election


ballot for an increase of one half of one percent to the City Income Tax rate that failed by 90 

votes. Because of that failure, they were forced to eliminate 6 Police Officer positions 

(3 employed and 3 vacant spots will remain vacant), 6 Firefighter positions, close Fire Station 2 

on West Second Street on June 13 th , and there will be no street resurfacing program this year. 

Between September 2009 and June 13, 2010, 21 positions will have been eliminated in addition 

to those eliminated in 2003. The city needs additional revenue to be able to provide safety 

services to our community. 

Mr. Percival respectfully requested that Council introduce an ordinance that will place a one half 

of one percent (0.5%) City income tax request on the November 2 nd General Election ballot. 

The City Clerk prepared the following Levy Timeline: 

Council Meeting Date 



July 8, 2010 


On or before 

August 4, 2010 

November 2, 2010 

Income Tax Levy 

Introduce Ordinance to determine need to levy the tax 

(cannot be passed as an emergency) 

Conduct second reading and pass Ordinance to determine need to levy 

the tax (eff. date: July 24th) 

Introduce Resolution to identify ballot language for tax levy (this can be 

done on June 24 th if desired) 

Conduct second reading and pass Resolution to identify ballot language 

for tax levy (eff. date: July 23 rd ) 

Submit ballot question (Resolution) to Board of Elections 

by COB for November Election 

(*Income Tax Levy, submit Ordinance as well) 

Election Day 

Mr. Percival said the law has changed. It used to be that ballot information had to be submitted 

75 days before the Election but now it must be submitted 90 days before the Election. The 

wording of the request must be very specific as required by the change in the law. 

He reiterated because of the levy failure, there will be no street resurfacing program this year, 

6 Police Officer positions and 6 Firefighter positions will be eliminated, and Fire Station 2 will 

close. No one is happy about those things, but there was no choice in the matter. 

Pursuant to ORC §718.01(C), Mr. Percival respectfully requested that Council introduce an 

ordinance authorizing him to place on the November 2 nd , 2010, general election ballot an 

ordinance amending XCO Sections 880.03 and 880.04 to increase the income tax by one-half of 

one percent. 

President Felton entertained questions. President Felton said the city needs the levy to pass. 

Councilman Caupp said he did not ever think it was too early to start educating the public on the 

city’s needs. Xenia Community Schools will ask the voters for passage of three renewal levies 

on the November 4 th ballot as well the city’s request for an income tax request of one-half of one 

percent. The city’s request is the only request for an increase in taxes; the school’s three requests 

are for renewal levies – no new taxes.


Councilman Smith said city employees receive a newsletter that discusses issues, which is an 

excellent tool. The latest newsletters contained graduation pictures of sons and daughters of 

employees who contribute to the City of Xenia. At a time when everyone is asking government 

to do more, they also want government to get smaller. He would agree with that, but there is a 

point where people need to understand that as a local government body, they cannot run in a 

deficit like the federal government who can continue to spend. They are only asking citizens for 

an increase in taxes because the city needs the money in order to operate. They cannot run a city 

without money. After he became a member of City Council, he realized how limited the 

resources are in this community. Everybody wants jobs and businesses to move to Xenia, but 

they are not knocking down our doors to move here. We can only make our city as attractive as 

possible with what we have, which is why they are making the request. President Felton is a 

watch dog for every penny that is spent and should be applauded for knowing all the line items in 

the budget. He will work as hard as he can to educate people and answer questions about the 

levy because it is that important. 

President Felton said the one thing she wanted this year was new police cars, but they could not 

get them. The odometer may show 90,000 miles, but the engine may have 140,000 engine miles 

because police cannot turn the car off when they stop because of the computers. Our fuel and 

electric costs have gone up. They are not wasting money. Many of the current projects are paid 

for with federal ARRA money as indicated by the posted signs, but that money does not pay 

local costs. The city holds an A-1 bond rating, which is an excellent rating. All the departments 

have worked hard to keep that rating. If we have a catastrophe, we only have so much money to 

make the repairs, and the city would have to borrow money. The city’s bonding rate has to be 

high enough to get a decent rate. No one wants to pay more taxes. Does the City of Xenia need 

more money to provide services to the citizens? The answer is YES due to increased costs. 

Councilman Louderback introduced an ORDINANCE AUTHORIZING THE CITY OF XENIA, 

OHIO, PURSUANT TO OHIO REVISED CODE SECTION 718.01(C) TO PLACE ON THE 

BALLOT AT THE GENERAL ELECTION ON NOVEMBER 2, 2010, A PROPOSED 

ORDINANCE AMENDING SECTION 880.03 IMPOSITION OF DIRECT TAX OF THE 

XENIA CODIFIED ORDINANCES, AND SECTION 880.04 IMPOSITION OF 

WITHHOLDING TAX OF THE XENIA CODIFIED ORDINANCES TO INCREASE THE 

TAX RATE BY ONE-HALF OF ONE PERCENT (0.5%) FOR THE PURPOSE OF 

MAINTAINING CURRENT POLICE AND FIRE SERVICE LEVELS, STREET 

IMPROVEMENTS, AND OTHER GENERAL CAPITAL IMPROVEMENTS, and it was read 

for the first time. 

Items for the City Manager: Vice President Mills said she had a request from the Shell 

Station owner on N. Detroit Street. He was asking how an audible traffic signal can be 

combined with the existing traffic signal devices at the N. Detroit/Hollywood/Kinsey Road 

intersection so someone who is blind or visually impaired could hear a sound when it is safe to 

cross. Currently, the Shell Station owner walks the gentleman across the street because he 

cannot see the traffic signal. Mr. Percival said he would look into it. 


Schedule of Bills: Mr. Bazelak presented payment of bills totaling $651,157.68.


Motion by Councilman Caupp, seconded by Vice President Mills, to approve payment of bills 

totaling $651,157.68. No discussion followed. 








ORDINANCE AMENDING PART TWO - ADMINISTRATION CODE, TITLE TWELVE: 

FEES, CHAPTER 298: FEE SCHEDULE OF THE CODIFIED ORDINANCES OF THE CITY 

OF XENIA, and it was read for a second time. 

Motion by Councilman Louderback, seconded by Councilman Smith, that Ordinance Number 




Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 242: DIVISION OF FIRE OF 

TITLE SIX – ADMINISTRATION OF THE CODIFIED ORDINANCES OF THE CITY OF 

XENIA, and it was read for a second time. 

Motion by Councilman Louderback, seconded by Councilman Caupp, that Ordinance Number 




Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 660: SAFETY, SANITATION, 

AND HEALTH OF PART SIX – GENERAL OFFENSES OF THE CODIFIED ORDINANCES 

OF THE CITY OF XENIA, and it was read for a second time. 





Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 1450 FIRE ALARM 

SYSTEMS AND SMOKE DETECTORS OF TITLE FOUR – MISCELLANEOUS BUILDING 

REGULATIONS OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA TO 

REFLECT CHANGES IN THE OHIO BUILDING CODE, and it was read for a second time.






Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 1452: FIRE LIMITS OF 

TITLE FOUR – MISCELLANEOUS BUILDING REGULATIONS OF THE CODIFIED 

ORDINANCES OF THE CITY OF XENIA TO REFLECT CHANGES IN THE OHIO 

BUILDING CODE, and it was read for a second time. 





Mr. Lewis presented an ORDINANCE AMENDING CHAPTER 1610: OHIO FIRE CODE OF 

PART SIXTEEN – FIRE PREVENTION CODE OF THE CODIFIED ORDINANCES OF THE 

CITY OF XENIA, and it was read for a second time. 





Mr. Lewis presented an ORDINANCE AUTHORIZING THE CITY MANAGER TO EMPLOY 

THE SERVICES OF F & E CHECK PROTECTOR CO. FOR A CHECK IMAGING, 

REMITTANCE PROCESSING AND ELECTRONIC DEPOSIT SOLUTION WITHOUT 

FORMAL COMPETITIVE BIDDING, and it was read for a second time. 

Motion by Councilman Caupp, seconded by Mayor Bayless, that Ordinance Number 10-25 be 

now passed. Discussion followed. Councilman Smith noted the ordinance waived competitive 

bidding but the agenda report showed price quotes from three vendors. Mr. Bazelak said they 

did formal quotes but did not go through the formal competitive bidding process. Councilman 

Smith clarified staff got the best price. Mr. Bazelak said they got a good price and a vendor with 

software that was compatible with the existing software. 




Mr. Lewis presented an ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE 

PURCHASE OF RECORDING EQUIPMENT, SOFTWARE, AND A ONE-YEAR SERVICE 

AGREEMENT FROM DOLBEY AND COMPANY, and it was read for a second time.


Motion by Councilman Smith, seconded by Mayor Bayless, that Ordinance Number 10-26 be 





READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback said he 

was glad Mr. Thacker was still in the audience. As Mr. Thacker knows, he spent many hours at 

Walter Sellers Apartments and addressed all his concerns. Concerning the sidewalks, MVRPC 

has money, but in order to install handicapped accessible sidewalks, it had to be related to a bus 

stop, so MVRPC denied the request. He talked to the Greene County Commissioners, our State 

Representatives, Senators, and Congressmen. He talked to many people about Mr. Thacker’s 

concerns about Walter Sellers Apartments. He wanted the public to know that he has spent 

many hours at Walter Sellers Apartments. He could talk for hours about Walter Sellers 

Apartments because there are a lot of concerns there. He was a little disappointed that 

Mr. Thacker did not address the fact that he has been working many hours out there. 

Councilman Caupp noted Councilman Louderback shared information about the Second Annual 

John Cowens Memorial Golf Event that will be held Saturday, July 10 th . If anyone is interested 

in being involved, contact Gordy Caudill at Real Living Realty. The “First Fridays” event 

downtown was held the evening of June 6 th and everything went well. He thanked Billie Spin 

and Annie Shell from Gloss Salon for all their work. Many people came downtown to attend the 

numerous activities, and he thinks the event will only grow and get better. He went into Fox’s 

Antiques and Such located at 65 S. Detroit Street. Many residents might not be aware that the 

business offers many Amish items such as popcorn, jams, jellies, butters, candies, and barbeque 

sauces. He was given free samples and the product was excellent. He received an e-mail today 

that effective July 1 st TCN Behavioral Health Services will be offering mental health and 

substance abuse services to youth and adolescents in the area, which is a joint effort of Integrated 

Youth Services and TCN Behavioral Health Services. Last week the City of Xenia lost a long 

time resident, Mutt Anderson, who many people in Xenia knew. Mr. Anderson was well known 

in the racing community and served on the Xenia Civil Service Commission for 35 years. He 

offered condolences to Mr. Anderson’s family. He will be deeply missed. He congratulated 

Councilman Louderback for being voted the best realtor in Greene County this year. 

Vice President Mills thanked everyone who makes an effort to make Xenia a friendlier, more 

beautiful, and nice community in which to live. It was wonderful to see so many attend the 

“First Fridays” event and see people greet one another and visit local businesses. She also 

thanked everyone who adopted a flower spot and who purchased a banner for downtown Xenia. 

Mayor Bayless thanked everyone who attended the Mayor’s Prayer Breakfast. The attendance 

was excellent and special thanks to the Christian Men’s Fellowship of Greene County who 

sponsor the yearly event. A new monument honoring Greene County’s participation in the Civil 

War was dedicated in front of the Greene County Court House on Sunday, May 30 th . It was a 

great event. She thanked everyone for making the “First Fridays” event a success. “Music in the 

Park” was very good and couples danced in spite of the low attendance. Don’t miss the next 

“Music in the Park” event on July 4 th .


Councilman Smith thanked those who helped with “Bloom with Xenia … Adopt-a-Spot” and the 

Xenia High School football team for their participation. He and Councilman Caupp also 

attended the Mayor’s Prayer breakfast on May 29 th . Over 250 people attended, which he 

understands was a record attendance. If your children do not have something to do this summer, 

he thought every church in town was having Vacation Bible School next week. He knows of at 

least three churches that are doing that, including his church. He thanked those who have 

concerns for the City of Xenia and appreciates their patronage. 

President Felton said she talked to Mutt Anderson every week. He was one of the few people 

who never missed watching televised City Council meetings. When she called him weekly, he 

would love to critique the meeting and tell her what Council did right and wrong and who should 

not have said what they said. Mr. Anderson was a life-long Xenia resident who lived around the 

corner from her house when she was a child and used to take her to car races. There was a 

fantastic attendance at Mr. Anderson’s memorial service and she will really miss him. 

ADJOURNMENT: Motion by Vice President Mills, seconded by Councilman Caupp, to 


following: 











3:00 p.m. 

The Xenia City Council met in a Special Session on June 16, 2010, at 3:00 p.m. in the City 

Council Chambers, City Hall, with the following members present: Jeanne Mills, Dale 


John Caupp was absent. 

Motion by Councilman Smith, seconded by Mayor Bayless, to go into an Executive Session to 

discuss Personnel Matters. No discussion followed. The Roll on this was the following: 

Ayes: Mills, Louderback, Miller, Smith, Bayless, Felton 


The City Council convened in Executive Session in the First Floor Conference Room, City Hall, 

with the same members present to discuss Personnel Matters. 









4:00 p.m. 

The Xenia City Council met in a Special Session on June 22, 2010, at 4:00 p.m. in the City 

Council Chambers, City Hall, with the following members present: John Caupp, Dale 

Louderback, Wesley Smith, and Marsha J. Bayless. 

Jeanne Mills, William R. Miller, and Patricia L. Felton were absent. 

Motion by Councilman Smith, seconded by Councilman Louderback, to go into an Executive 


following: 

Ayes: Caupp, Louderback, Smith, and Bayless 











7:00 p.m. 

The Xenia City Council met in a Regular Session on June 24, 2010, at 7:00 p.m., in the City 




INVOCATION: A moment of silence was observed after which all joined in the Pledge of 

Allegiance. 

APPROVAL OF MINUTES: Motion by Councilman Louderback, seconded by Mayor 

Bayless, to approve the June 10, 2010, Executive/Regular Session minutes as written. No 


Ayes: Caupp, Louderback, Smith, Bayless, and Felton 



Councilman Miller left the meeting at 7:05 p.m. 

Motion by Councilman Louderback, seconded by Mayor Bayless, to approve the June 16, 2010, 


following: 

Ayes: Louderback, Smith, Bayless, and Felton 



Motion by Councilman Caupp, seconded by Councilman Louderback, to excuse Vice President 

Mills from the meeting. No discussion followed. The Roll on this was the following: 

Ayes: Caupp, Louderback, Smith, Bayless and Felton 


Councilman Miller returned to the meeting at 7:07 p.m. 

SPECIAL PRESENTATIONS: 

Resolution Commending the Service of Nimfa H. Simpson. Mayor Bayless read in its entirety a 

Resolution of Appreciation to City Planner Nimfa Simpson for her 26 years of service to the City 

of Xenia. During her employment, she diligently worked for the betterment of the City of Xenia. 

It would be impossible to list all of the things accomplished by Ms. Simpson during her tenure 

with the city; however, City Council acknowledged and highlighted a few of her numerous 

accomplishments and expressed their deep gratitude for all she has done for the City of Xenia.


Councilman Miller presented a RESOLUTION ACKNOWLEDGING THE MANY 

CONTRIBUTIONS OF NIMFA H. SIMPSON AS A LONG-TIME EMPLOYEE OF THE 

CITY OF XENIA. 




Councilman Louderback thanked Ms. Simpson for her years of public service; she will be 

missed. 

Although the resolution noted Ms. Simpson helped with the Carnegie Historical District, 

Councilman Miller thanked Ms. Simpson for also helping with development of the Water Street 

Historical District. He appreciates everything she’s done. He will not hug her, because he’ll cry. 

On behalf of City Council, President Felton presented a bouquet of red roses to Ms. Simpson. 

Councilman Smith thanked Ms. Simpson for all she has done for the City of Xenia. 

Councilman Caupp thanked Ms. Simpson for everything she has done. She helped him with 

several projects and he hopes she and her husband, Jack, enjoy their travels and retirement. 

Mr. Bazelak congratulated Ms. Simpson on a fantastic career. She leaves behind quite a legacy, 

not only for the things she accomplished, but for many things they will see in Xenia’s future as 

they all continue to work toward the betterment of our community. He specifically admires 

Ms. Simpson because they are both in the business of enforcing rules, regulations, and 

compliance, which is not always easy because they are often criticized. Everybody likes to 

compromise and get along, but sometimes that is not always in the best long-term interest of the 

city, and Ms. Simpson always kept that in mind, as they all do. 

President Felton said she has been with the city for 20 years. She loved it when Ms. Simpson’s 

accent would become more pronounced the more frustrated she got. Regardless of what 

everybody thinks, Ms. Simpson stuck by the laws in Xenia, and she appreciated that. If citizens 

want the law changed, they have the right to do that. Before anyone criticizes a city employee 

publically, they should go in and talk to that person. She knows how much flack Ms. Simpson 

has taken over the years, but the city has good regulations. Yes, some could be changed and she 

has no problem with that. She hopes Ms. Simpson and her husband, Jack, enjoy their retirement 

and that their son Ben is successful in his engineering career. 




Motion by Councilman Miller, seconded by Councilman Caupp, that Resolution Number 10-O 





Mayor Bayless then presented a Proclamation to Ms. Simpson, which read: “Nimfa H. Simpson 

has well and faithfully served the City of Xenia for 26 years as the City Planner. During her 

time of serving the City of Xenia, Nimfa has worked tirelessly with other City employees, 

members of the community, developers, and others to improve the quality of life for Xenia’s 

residents. Nimfa’s coordination of subdivision projects has resulted in more than 2,800 new 

housing units and she has coordinated and managed the commercial growth in Xenia by working 

with new businesses as they expand into our City. Nimfa H. Simpson will always be remembered 

for her concern for the aesthetics of our wonderful city as she worked to make our hometown a 

place of beauty as well as a place for growth.” 

Mayor Bayless declared June 30, 2010, as “Nimfa H. Simpson Day” in Xenia. They wish her 

and her family great happiness and adventures in the future. Her contributions to our daily work 

environment will be sorely missed. Ms. Simpson thanked everyone for all their support. 

(Applause followed.) 

On behalf of the City Manager and City staff, Mr. Merriman presented a plaque to Ms. Simpson 

for her 26 years of dedicated service to the City. He thanked her for all she has done for the 

City. He announced that a Japanese Lilac tree will be planted at Shawnee Park in honor of 

Ms. Simpson. 

Ms. Simpson thanked Council and the community for their support over the last 26 years. Her 

job allowed her to meet many wonderful people in this community who are now her friends. It 

was a very good opportunity to be able to make changes that impact the growth and aesthetics of 

this community. She thanked Council for their kindness and support. (Applause followed.) 


Rezoning of 380 Fairground Road from R-1A One-Family Residential District to A-1 

Agricultural District. President Felton opened the public hearing and asked for the staff report. 

Mr. Merriman said the new zoning designation would allow prospective property owners more 

flexible agriculture use and is appropriate given the size, location, and agricultural accessory use 

currently on the property. The Xenia Planning and Zoning Commission endorsed the rezoning. 

Following the public hearing, he respectfully requested that Council introduce an ordinance 

rezoning 380 Fairground Road from R-1A One-Family Residential District to A-1 Agricultural 

District. He noted Ms. Simpson was available for questions. 

President Felton asked why they were doing this. Ms. Simpson said the parcel contains 4.46 

acres and is located north of St. Brigid Church. Every time this estate type property has been for 

sale over the years, she always gets a lot of questions asking what can be done with such a large 

property. Although the property is zoned R-1A One-Family Residential District, the parcel has 

an existing large home and farm accessory structure because it was used as a farm house with 

farm animals and horses prior to and after it was annexed to the City of Xenia. The prospective 

buyers would like to raise horses on the property and offered to put that as a restrictive covenant. 

Since the City of Xenia does not enforce covenants, she told them they could include that in the 

Deed, but it was really unnecessary. Changing the zoning back to A-1 Agricultural Zoning 

would allow the prospective buyers to keep horses there and allow future owners of the property 

to have more flexibility in how the property is used. She noted rezoning the property to A-1


Agricultural Zoning will not be a “spot” zoning because the parcel blends in with the Xenia 

Township agricultural uses to the north and west and would be consistent with the land use in 

that area. 

President Felton entertained comments or questions from Council. 

Councilman Miller asked if the large house could be converted to a bed and breakfast. 

Ms. Simpson said that would be one option. 

President Felton said she wondered how many horses the property owner would be allowed to 

keep, but according to the staff report, the total number allowed is 12. She thought the rezoning 

might have an impact on the future Fairmoor Heights development. Ms. Simpson said that was 

also a question posed by an XPZC member. The A-1 zoning allows for a number of different 

animals, but there is a restriction on the maximum number of animal units that can be housed on 

a lot. President Felton said she just did not want to see a riding stable on the property. 

President Felton invited those in favor of the rezoning to step forward to speak. 

Donald Arnett said he is the current owner of 380 Fairground Road. For as far back as he can 

remember, the previous property owners had horses, but due to his limited time, he chose not to 

have any animals there. However, he would have loved to have horses there since the property is 

almost five acres with a nice 12-stall horse barn. The new owners are installing a fence around 

the property to contain the horses. It is an ideal setting for horses, and the buyers would like to 

have two pleasure horses but not a riding stable. 

President Felton invited those opposed to the rezoning to come forward to speak. No one came 

forward to speak. President Felton invited those either for or against the rezoning to come 

forward to speak. 

Eric Tannehill, 626 Antrim Road, asked if there was a cost associated with rezoning an area. 

President Felton said the only cost would be staff time 1 . 

Gregory Thacker, 270 Mount Vernon Drive, asked if the land to be rezoned would now be 

annexed into the city limits. President Felton said the property is already located within the city 

limits. Mr. Thacker asked if the rezoning would bring in more taxes. President Felton said no 

because the property owners are already paying city taxes. 

President Felton closed the public hearing at 7:30 p.m. and entertained comments or questions 

from Council. None were presented. 

Councilman Louderback introduced an ORDINANCE REZONING 380 FAIRGROUND ROAD 

THAT HAS A GREENE COUNTY PARCEL IDENTIFICATION NUMBER OF 

M40000100420000100 FROM R-1A ONE-FAMILY RESIDENTIAL DISTRICT TO A-1 

AGRICULTURAL DISTRICT, and it was read for the first time. 

1 There is a rezoning application fee of $150.00 plus the cost of notification and publication.




Gregory Thacker, 270 Mount Vernon Drive, said when he spoke at the last Council meeting, 

Councilman Louderback was upset because he apparently forgot to thank him for his assistance, 

so he would like to do that tonight. He is concerned about accessibility. It is unsafe for people 

in wheelchairs to cross Ledbetter Road to access many County facilities. Although some 

downtown streets have curb cuts, the entire City of Xenia should be accessible and not just a few 

streets. When he walks to Wright-Patt Credit Union, it is not accessible because there is no 

sidewalk on W. Second Street by St. Brigid Cemetery. We are going to have disabled 

servicemen in wheelchairs returning to Xenia who may not have a car for transportation, but they 

will still need to get around the city. He spoke to a wheelchair bound Xenia Towers resident 

who stated there are places she cannot access, such as Aldi’s Grocery and other stores. He did 

not understand why more streets do not have curb cuts and sidewalks, but realized it takes 

money. He heard the new dog park in Xenia cost $1 million. President Felton said Greene 

County built the new dog park using only donations. Mr. Thacker suggested using Greene 

County Community Service workers to help make Xenia more accessible. President Felton said 

that is no longer an option. She asked Mr. Thacker to leave his phone number so the City 

Manager can contact him. Mr. Thacker said Councilman Louderback has his phone number. He 

would like to work with staff to make Xenia more accessible. 

Eric Tannehill, 626 Antrim Road, said he moved to Xenia 2½ years ago without a job prospect. 

He quickly got his dream information technology job with General Electric. Within six months of 

moving, he also met and married his wife and they have a child on the way. They chose to live in 

Xenia because it is a great place to live and a wonderful place to raise a family. However, they are 

concerned about the proposed one-half of one percent (0.5%) income tax increase, which may not 

seem like much, but if they moved outside the city limits, it would be like getting a .5% raise. 

They are currently looking into getting a home loan. At the last Council meeting he heard the City 

has an A+ bond rating, which is a true testament about how this Council has handled the city’s 

money, which is appreciated. He can give himself a 2.25% to 2.5% raise simply by moving 10 

miles outside the city limits. That is also true for other cities and states. He has seen what happens 

to cities and towns that raise taxes because it leads to flight and reduces overall revenue long-term, 

which will hurt the city. He would like Council to look at this objectively. Yes, raising taxes will 

immediately increase revenue but will hurt the city long-term. 

Mr. Tannehill asked if the city laid off employees other than firefighters and police officers. 

President Felton said of the 200 city employees, 24 employees were laid off in the past and 

recently nine more employees were laid off, which is 10% of the total employees. Mr. Tannehill 

agreed the city is tightening its belt but still needs to keep tightening it. Even though he does 

have his dream job, a raise in taxes will hurt him personally, which is why he may have to find 

another place to live with a lower tax base if the taxes in Xenia continue to go up. He did a lot of 

research on how raising taxes will reduce revenue. He would love to share the 120 pages of 

Berkeley research he has accumulated, as well as magazine articles from liberal and conservative 

sources. President Felton said she would be glad to discuss the issue with him at anytime if he 

will contact her at home, but she will not discuss it further at tonight’s meeting. She would also 

appreciate it if Mr. Tannehill would talk to the Assistant City Manager and Finance Director to 

look at the city’s current financial situation.



Planning & Zoning Commission: Councilman Caupp said the XPZC met on June 3 rd . 

Following a public hearing, they endorsed the rezoning of 380 Fairground Road for approval by 

Council. XWARN [Xenia Weather Amateur Radio Net] also did a presentation on amateur 

radio, what they do, antenna heights, and actions they would like the city to take. 

Commissioners also reviewed the proposed draft of the Community Design Guidelines and will 

proceed forward with them at the next XPZC meeting. President Felton noted XCC would need 

to schedule a work session before the Design Guidelines are presented for approval. 

Mayors & Managers: Mayor Bayless said there was no meeting in June. 


met on June 3 rd and it was the shortest meeting he has ever attended. Nothing discussed related 

to Greene County; therefore, he had nothing to report. 

Board for Recreation, Arts & Cultural Activities: In Vice President Mills’ absence, 

President Felton noted Kyle Hatfield was appointed to BRACA as the ex-officio member for a 

term of one year commencing on July 15, 2009, and ending on July 15, 2010. This year 

Ms. Sarah Middlebrooks, who will be a junior at Xenia High School next year, submitted a letter 

of interest in being appointed to BRACA. 

Motion by Councilman Caupp, seconded by Councilman Smith, to appoint Ms. Sarah 

Middlebrooks as an ex-officio member of BRACA with a term beginning on July 15, 2010, and 

expiring on July 15, 2011. No discussion followed. The Roll on this was the following: 







Authorization to execute a Contract for Consulting Services for the Xenia Station 

Bike Spur Individual Project Plan and Preliminary Engineering Design for Xenia Station 

Bike Spur Enhancement Project. Mr. Merriman respectfully requested that Council authorize 

the City Manager to enter into an agreement with Edsall and Associates LLC to undertake the 

Xenia Station Bike Spur individual project plan, engineering, and construction at a cost not to 

exceed $19,920. As noted in the agenda packet, the Bike Spur Enhancement Project will provide 

for sidewalk and accessibility improvements, lighting upgrades, and streetscape enhancements 

consistent with the previous downtown projects. Once approved, the design phase would 

commence this summer and likely be completed by the end of the year. The scheduled start of 

the construction phase is July 31, 2012.


Motion by Councilman Louderback, seconded by Councilman Miller, to authorize the City 

Manager to enter into an agreement with Edsall and Associates LLC to undertake the Xenia 

Station Bike Spur Individual Project Plan, Engineering, and Construction at a cost not to exceed 

$19,920. Discussion followed. 

Councilman Miller said he cannot wait until it is finished because it has been a long time. 

Councilman Caupp said although the city must invest $19,920 from the General Fund for this 

project, the important thing for the public to remember is that the city will get $312,000 in 

upgrades to a part of the city that is very visible to many people from outside the city. 

Mr. Merriman noted $27,000 was budgeted, but the bid came in at $19,920. Of that amount, 

$15,420 will come from General Capital Funds with the remainder coming from Tier II grant 

dollars. 

President Felton referenced page two of the agenda report. The funding breakdown for this 

project is as follows: 

Planning and Preliminary Engineering (100% local funds) $ 27,000.00 

Construction Engineering (25% local funds) $ 6,818.00 

(75% TE funds) $ 27,273.00 

Construction (25% local funds) $ 68,182.00 

(75% TE funds) $ 204,545.00 

Project total: $ 327,000.00 

If she understands it correctly, President Felton said the total project will cost $327,000. 

Mr. Merriman said that was correct. President Felton asked how much money would be spent 

from the General Capital Improvement Fund. Mr. Merriman said $15,420 will be spent for the 

design and engineering portion from the General Capital Improvement Fund, and $4,500 will be 

spent from the 601 Fund, which is Tier II grant dollars. When construction begins in July 2012, 

the city is responsible for 25% of the actual construction costs, which is estimated to be $68,182. 

President Felton said she was confused about the dollars figures for the city’s 25% local match. 

Mr. Merriman asked Mr. Berger to explain the three phases to President Felton. 

Mr. Berger said if he understood President Felton correctly, Stage #1 (the Planning and 

Preliminary Engineering) at $27,000 requires 100% local funds, which is typical. Any kind of 

Transportation Enhancement (TE) project through MVRPC that requires preliminary engineering 

is funded 100% by the local jurisdiction. The city committed/budgeted $27,000 but the proposal 

from Edsall & Associates came in at $19,920. Stage #2 (Construction Engineering - better 

known as “the inspection”) would require a local match of 25%, or $6,818, but is an in-kind 

service to pay for his staff’s time. Transportation Enhancement (TE federal funds) will pay 75% 

or $27,273. On Stage #3 (construction), MVRPC requires a 25% local match ($68,182) and 75% 

TE funds ($204,545). There is nothing in the figures that are abnormal when compared to any 

other TE grants the city has received. 

President Felton said she knew that and does not ask questions unless she knows the answers, but 

the general public does not know that most of the money is grant money from the state and 

federal government. She would like Mr. Berger to explain that in order to get grant funds, the 

city must do certain things under federal and state law, such as invest some local dollars. They


are using every available dollar from other funding sources to complete projects, such as the 

Progress Drive reconfiguration and the Bike Spur Enhancement Project. The average citizen 

does not understand how federal dollars are spent and wonders why they are raising local taxes. 

It is not free money, but in order to get it, they are required to do certain things under federal and 

state law. 

Mr. Berger said other than ARRA Funds (federal stimulus funds that are 100% federal funds), he 

knows of no other federal or state grants that do not require some sort of local match. President 

Felton agreed. 




Award of Bid for the Ford Road and Glady Run Wastewater Treatment Plant 

Positive Displacement Blowers. Mr. Merriman respectfully requested that Council award the 

bid for the Ford Road and Glady Run Positive Displacement Blowers to Excelsior Blower 

Systems, and authorize the City Manager to execute a purchase order in the amount of $45,000 

for said purchase. The equipment is a necessary purchase to ensure our WWTP operations are 

conducted in a manner that is compliant with the current EPA requirements. He noted Utilities 

Manager Jason Tincu was available for specific questions on the system. 

Motion by Councilman Miller, seconded by Councilman Louderback, to award the bid for the 

Ford Road and Glady Run Positive Displacement Blowers to Excelsior Blower Systems, and 

authorize the City Manager to issue a purchase order in the amount of $45,000.00 for said 

purchase. Discussion followed. 

President Felton asked where Mr. Tincu gets the money to buy items for the Wastewater Plants. 

Mr. Tincu said the project is funded through the sewer rate. Once the money is collected from 

sewer payments (via utility bills), it is transferred to a capital improvement line item. No general 

funds will be used in this project; it is 100% sewer funded. President Felton explained that 

money collected from the sewer/water/stormwater rates stays in that Capital Improvement Fund. 

Improvements are then paid from those funds and are not paid from general tax money collected. 

President Felton asked how the City of Xenia’s water/sewer rates compare to other communities. 

Mr. Bazelak said Xenia is ranked 21 st in terms of lowest utility rates when compared to the 

surrounding 63 communities. Mr. Tincu said Xenia’s utility rates are the lowest rates in Greene 

County. There will be a memo coming to the City Manager’s Office within the next two weeks 

regarding the Ford Road improvement project and the stimulus funded stream restoration project. 




Award of Road Salt Bid for 2010-2011 Winter Season. Mr. Merriman respectfully 

requested that Council award the bid for road salt to Cargill, Inc. in an amount not to exceed


$63.68 per ton for the 2010-2011 winter season per the Southwest Ohio Purchaser’s for 

Government (SWOP4G). The City estimated 1,500 tons as our part of the bid. With the cost 

savings they realized during the past two winter seasons in mind and given the continued 

limitation on funding resources, they decided to go with the lower tonnage amount for this 

season’s purchase. 

Motion by Councilman Caupp, seconded by Councilman Miller, to award the bid for road salt to 

Cargill, Inc. in the amount not to exceed $63.68 per ton for the 2010-2011 winter season per 

Southwest Ohio Purchaser’s for Government (SWOP4G). Discussion followed. 

Councilman Miller asked the tonnage and price difference from last year. Mr. Merriman said 

last year they purchased 1,200 tons of rock salt, and this year they requested to purchase 1,500 

ton through the bid process, which they should probably accept but are not required to do. With 

the salt on-hand, they like to have 2,000 tons available in the salt barn. Last year they purchased 

less salt than normal, but would like to purchase slightly more to ensure they have an adequate 

supply of salt on hand. Councilman Miller asked the price per ton this year. Mr. Merriman said 

the price of $63.68/ton is the same price as last year. Councilman Miller noted former 

Councilman Propes worked in Sharonville and shared that the City of Sharonville Road 

Department asked how Xenia got such a great price on road salt. Xenia got a very good price on 

road salt compared to other cities in Ohio. He realized it must be rebid next year. Mr. Merriman 

said that was correct. Councilman Miller said he hopes the city has a mild winter so some salt 

can be used next year. 

President Felton noted road salt cannot be kept very long due to condensation. Last year, the city 

sold road salt to other communities who needed it. Mr. Merriman agreed. No bids were 

awarded to some neighboring communities, so we purchased extra at our cost and sold the extra 

to them. 

Councilman Caupp said he would like to see the city get to a 4:1 ratio of salt to sand rather than 

use a ratio of 2:1 that was used last season. He personally believes sand causes added expense 

and wear and tear on equipment in the spring when all the sand has to be cleaned from the 

streets. Mr. Merriman said increasing the amount of sand used was done in order to save money. 

The ratio of salt and sand was decreased last year. If they have a mild winter this year, the ratio 

can be decreased further, but sand provides some traction. Money was saved by using a 

combination of treatment methods including sand/salt, calcium chloride, and beet juice. The 

amount of sand used should become minimal, however not eliminated. In previous years, they 

purchased 2,000 tons of salt, but saved money on salt by using the current ratio. 

Councilman Louderback asked the ratio of salt to beet juice. Mr. Merriman said the beet juice is 

an additive to the salt process to extend the effectiveness of the salt and allows the salt to work at 

a lower temperature. Beet juice is a separate commodity that they may need to purchase at some 

point this year. 

President Felton said another reason the city used less road salt last year was due to a change in 

when streets are plowed. Mr. Merriman agreed. Main roads and emergency routes will be kept 

open and clear, but unless there are 2” or more of snow on the ground, residential streets will not


be plowed. The one exception is if they get a little snow and are expecting a lot more, they may 

start some aggressive action, especially if the snow fall was preceded by ice. 




Items for the City Manager: Mr. Merriman noted the swans and one new baby were 

relocated from Shawnee Park to a safer location after one of the babies was killed by a snapping 

turtle. It was a pleasure to have the swans at Shawnee Park, and if possible, they will be 

reintroduced. He thanked the public for their interest in the swans and for helping care for the 

babies while at Shawnee Park. 

Councilman Miller said two female residents from John Sale Manor would like the police to 

monitor the stop sign at W. Second and King Streets because drivers often do not make complete 

stops, and they are not happy. The two women asked that a police officer monitor the situation 

and would also like the speed trailer located there. 

Councilman Caupp noted we ask residents to keep their grass cut and properties maintained, but 

the City’s Municipal Parking lot between Main and Second Streets is becoming a nuisance due 

to weeds. Mr. Merriman said he and Mr. Berger discussed the situation the other day and agreed 

something needs to be done. He will ensure the weeds are knocked down and that it is better 

maintained. 









Victim Assistance Program Grants. Mr. Rueth said this item is not on the agenda. The 

Law Department would like permission to apply for two grants: the Victims of Crime Act 

(VOCA) Grant and the State Victim Assistance Act (SVAA) Grant. Since 1998, the Victim 

Assistance Program working through the Law Department has annually applied for and received 

a grant to partially fund the positions of a full-time and part-time Victim Advocate and partial 

funding of office supplies, cell phones for after hours calls, printing, and a small emergency fund 

for crime victims. These positions provide services to City of Xenia residents by assisting 

victims of crimes from start to finish during the criminal justice process. These positions also 

provide training to law enforcement, social service agencies, and provide information to public 

groups as well. The on- call advocate is available 24 hours a day, seven days a week for crisis


response to crime victims and provides response to the hospital if necessary. This is a one-year 

grant that the Victim Assistance Program must apply for each year and has done so since 1998. 

This year the Victim Assistance Program is adding a request for a one-year license to utilize the 

CourtView system, which is a necessary program for each advocate to perform their tasks. 

Mr. Rueth said the Victim Assistance Program has been given an allocation to apply for the same 

level of grant funding of $43,434 for the Victims of Crime Act Grant, and $4,146 through the 

State Victim Assistance Act Grant. This year because of the CourtView license, the Victim 

Assistance Program is requesting permission to apply for an additional $891 to the State Victim 

Assistance Act Grant bringing the total for that grant to $5,037. 

Motion by Councilman Louderback, seconded by Councilman Miller, to authorize the Victim 

Assistance Program Director via the Xenia Law Director to apply for the VOCA grant in the 

amount of $43,434 and the SVAA grant in the amount of $5,037 through the Ohio Attorney 

General’s Office. No discussion followed. The Roll on this was the following: 




Second Readings of Ordinances and Resolutions: Mr. Rueth presented a 

RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION 

AND ACCEPT FISCAL YEAR 2010 OHIO SMALL CITIES COMMUNITY 

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FORMULA ALLOCATION FUNDS 

AS ADMINISTERED BY THE STATE OF OHIO DEPARTMENT OF DEVELOPMENT, and 

it was read for a second time. 

Motion by Councilman Louderback, seconded by Councilman Miller, that Resolution Number 

10-P be now passed. Discussion followed. 

President Felton said this is only for an application and not an acceptance of the grant. 

Mr. Merriman said the resolution is an application identifying the specific uses for next year’s 

Ohio Small Cities CDBG program. They are allowed three different project uses. This 

resolution would authorize the City Manager to apply for those specific purposes, but it may be 

possible to ask the state for an amendment at a later date. This grant is 100% CDBG funded that 

is allocated from the federal government to the state government for certain projects. President 

Felton noted there are many strings attached in order for the city to get the federal money. 

Mr. Merriman agreed. 


Ayes: Caupp, Louderback, Miller, Smith, and Bayless 


Mr. Rueth presented an ORDINANCE AUTHORIZING THE CITY OF XENIA, OHIO, 


AT THE GENERAL ELECTION ON NOVEMBER 2, 2010, A PROPOSED ORDINANCE




XENIA CODIFIED ORDINANCES TO INCREASE THE TAX RATE BY ONE-HALF OF 

ONE PERCENT (0.5%) FOR THE PURPOSE OF MAINTAINING CURRENT POLICE AND 

FIRE SERVICE LEVELS, STREET IMPROVEMENTS, AND OTHER GENERAL CAPITAL 

IMPROVEMENTS, and it was read for a second time. 





Items for the Law Director: President Felton thanked Mr. Rueth for attending the 

meeting in Mr. Lewis’ absence. 


announced there is a new restaurant in Xenia called Smokin’ Aces Barbeque located at 44 Xenia 

Towne Square, formerly LA Grille. He has not yet had an opportunity to eat there, but the 

restaurant specializes in ribs and barbeque. Lighthouse Baptist Church, which was formerly 

located in the Holiday Inn and currently located at the Greene County Fairgrounds, recently 

purchased the Don’s SuperValu building on W. Second Street. He wished Lighthouse Baptist 

Church the best of luck and is glad to have them in Xenia. Since the City is not repaving streets 

this year due to the budget, citizens should call 376-7265 to report potholes, and they will be 

taken care of. 

Councilman Caupp again thanked Ms. Simpson for her 26 years of service to the City. He 

reminded citizens that Friday, July 2 nd is First Fridays in downtown Xenia. He encouraged 

everyone to come downtown next Friday to eat, shop, and enjoy the festivities over the 4 th of 

July weekend. 

Mayor Bayless said she hoped everyone comes to Shawnee Park on July 4 th to enjoy Ray 

Foster’s Four to Go who will be performing at “Music in the Park” that evening. She was 

privileged to attend the change in command ceremony where Col. Amanda Gladney officially 

took command of the 88th Air Base Wing at Wright-Patterson Air Force Base. It was a very 

nice ceremony. 

Councilman Smith said he stopped at a gas station and the newspaper headline read “City makes 

personnel cuts.” You would probably think the headline was about Xenia, but he was in Piqua. 

Xenia is not the only community hurting. Xenia is a great and safe community. He lives in 

Xenia and works in the Xenia area, but he also wants a safe community for his family. 

Unfortunately, police officers and firemen do not work for free, so their hands are tied. They 

work with the union and do the best they can with what they have, which is the only reason they 

are asking for a tax increase. It is not because they want a blank check, which he mentioned at 

the last meeting. Asking for an increase in taxes is not something they took lightly, but it is 

something they have to do.


Councilman Miller wished all fathers a “Happy Fathers Day” from last Sunday. He had one of 

the best Father’s Days ever. His oldest son, Daniel, surprised him with a tee time. He played 

golf with three generations - his sister, his 87-year old mother, and Daniel. Daniel did not beat 

him but came close. Around 4 p.m. today, a very willing group of Xenia Police Officers had 

their Torch Run through Xenia to raise funds and awareness for Special Olympics. He ate at 

Smokin’ Aces Barbeque and the food was very good, so give the new restaurant a try. He then 

asked everyone to sing “Happy Birthday” to President Felton and they did. President Felton 

thanked them. 

President Felton noted the City Manager will be 50 on July 1 st . She got a beautiful Father’s Day 

card from her youngest daughter. Every year her daughter sends her Mother’s Day and Father’s 

Day cards because she was both mother and father to her after her divorce when her daughter 

was two years old. One of her children, who moved from Ohio 21 years ago, is moving back to 

Ohio today from Connecticut, and she is glad she is coming home. She is very proud of her 

girls. She thanked Council for the birthday wishes. She lived all over the United States when 

she was married. She moved to California for a job and returned to Ohio in 1980. Jobs were 

hard to find in Ohio at the time, but she was lucky to find a job in Kettering that paid $6 an hour. 

President Felton said Xenia is a safe and friendly community and an inexpensive place to live. If 

you move 10 miles away to save on income tax, residents will still have to pay for water in 

Greene County, and they will not have the same level of police and fire protection. Xenia has 

great safety personnel and the income tax increase is to bring those department staffing levels 

back up to where they were before the layoffs. They had to layoff safety personnel because the 

city does not have enough money. If the revenue increases, those staff will be rehired. Fire 

Station #2 by her house is closed. Since Xenia now only has one Fire Station, all the people who 

live in the west end will have to wait a little longer for an ambulance. It is not safe. When there 

is a fire or accident, we all run away, but safety personnel run to them. She watched a news clip 

about firefighters who died while fighting a large fire in Providence, Rhode Island. The 

firefighters entered the building because they thought homeless people lived there – that is what 

firefighters do. Police protect citizens and recently arrested a juvenile and young adult for 

breaking into cars in Xenia. That is our property – leave my car and my house alone! When she 

calls 911, she wants someone to respond. If the city cannot pay safety personnel, then they will 

not be there to protect us. We cannot pave the streets because we do not have the money. She 

did see that the curb cuts on Second Street and Cincinnati Avenue were repaired. The city may 

or may not have money to repair potholes. There is only so much money, and anyone is 

welcome to call Council or the Appointed Officials to look at the budget. They had many 

meetings before asking citizens to support an income tax increase in November. She knows it is 

not easy because she lives on a fixed income, but she used to pay 2.25% for taxes in Kettering 

while making $6 an hour and trying to raise two kids at home and one in college. It is not easy 

for anybody. 

President Felton asked everyone to look at city government and decide what they really want and 

need. If citizens call 911, safety personnel will not be there. The city cut back on snow plowing 

last winter because it did not have the manpower due to layoffs at the City Service Center. The 

city laid off staff in 2000, 2003, 2009 and 2010. We have cut and cut and cut and she does not 

know where else to cut. If citizens know of other cuts they can make, they will be glad to listen. 

Citizens say city government is top heavy and has too many managers. Some managers run


more than one department. Please look at the finances and look at your own hearts and minds, 

and decide the type of city in which you want to live, and how you want them to pay for it. 



following: 










5:30 p.m. 

The Xenia City Council met in a Special Session on June 30, 2010, at 5:30 p.m., in the City 



and Patricia L. Felton (left at 5:38 p.m.). 

Vision Plan Presentation: Mr. Percival noted the Vision Plan was first presented to Council 

last year and they wanted to update everyone on things that were accomplished, things that are 

underway, and things that still need to happen. Progress has been made in a lot of these areas, 

but they still need to work very diligently to come up with a funding source in order to complete 

some things on the agenda. He then invited Mr. Merriman to proceed with his PowerPoint 

presentation and spreadsheet entitled “Vision Plan Update: Report to City Council on Activities 

and Initiatives June 2010”. 

Mr. Merriman noted the spreadsheet gets into a lot more in-depth detail, which he will discuss as 

he proceeds through the PowerPoint presentation titled, “Strategic Initiatives Update: Vision 

Plan Implementation.” 

Economic Development Strategic Plan. Comprehensive operational plan designed to guide the inter-related 

economic development activities of the city, including: 

Coordinating the creation of a community marketing plan 

Enhancing economic incentives programs 

Integrating infrastructure improvement programs for economic development purposes 

Implementing retail recruitment program 

Preliminarily complete; planned presentation to be given at 7/8/10 Council work session. 

XEGC Funding and Activities. Long-term strategy for funding XEGC operations and enhancing service offerings in 

process.

XCC Special Session, 06-30-10, Page 2 

Economic Development Impact Analysis Policy. Policy requiring comprehensive report on the impact (financial, 

operational, quality-of-life) of any proposed annexation or development; required analysis outlines qualitative and 

quantitative impact measurements. Complete; approval pending at next XCC meeting. 

Economic Development—Recreation. Informal effort aimed at researching the recreation service demands of local 

community and developing a strategy for recruiting commercial recreation ventures. In process; no timeline 

established. 

Mr. Merriman entertained questions. 

Councilman Caupp asked about the status of the pending JEDD [Joint Economic Development 

District]. Mr. Percival said he and Mr. Bazelak met with Xenia Township Trustee John 

Faulkner. The JEDD on which they are currently working is for the area surrounding Tecumseh 

Elementary School. They asked the City’s Law Director to work with the Township Law 

Director, Tom Miller, who is also a Greene County Prosecutor, to put together the agreement for 

that JEDD. The agreement will not only cover the time from the beginning of construction, but 

will take it into the future so they will continue to generate revenue from that property once the 

new school is built. 

(President Felton left the meeting at 5:38 p.m.) 

Based on some analysis, Mr. Bazelak said they envision a 50/50 split with the Township on new 

revenue. With the existing revenue stream, they would be required to get 63% (two-thirds) of 

the ongoing revenue in order for the city to get a 50/50 split with Xenia Township because they 

were already getting some dollars there from folks that work there and reside in the City. They 

wanted to come up with a mechanism that would share those costs evenly, but he thought it 

would be reversed on construction, which is one time money. 

Councilman Louderback asked who normally negotiates the JEDD agreement. Mr. Percival said 

he would negotiate the JEDD agreement with the Trustees. Councilman Louderback asked if the 

negotiation normally involves all three Trustees or just Mr. Faulkner. Mr. Percival said all three 

Trustees are involved, but Mr. Faulkner is his point person since he is the Xenia Township 

President. Mr. Faulkner has let the other Trustees know where they are going. If necessary, they 

can sit down with all three Trustees, but he has not heard there was any consternation and 

thought all three Trustees were in agreement on the JEDD. 

Councilman Louderback said Mr. Percival heard wrong. He assumed Council would be 

involved at some point in time. Mr. Percival said absolutely since Council has to approve the 

contract. Councilman Louderback said he is tired of the politics coming out of the Township and 

other places, and he wants it to stop. Mr. Percival clarified that the person with whom 

Councilman Louderback spoke does not approve of the JEDD. Councilman Louderback said the 

person Mr. Percival is negotiating with (Mr. Faulkner) said the Council “means nothing to him, 

because Mr. Percival runs the city, and he does not take anything before this Council.” He is 

getting tired of Mr. Faulkner telling citizens that—we do not operate that way. Mr. Percival said 

Mr. Faulkner knows the JEDD agreement will have to be approved by City Council. 

Councilman Louderback thought Mr. Percival needed to make that clear to Mr. Faulkner.


New Residential Construction Requirements (XCO 1294): City 

Council policy and legislative initiative aimed at increasing square 

footage requirements for new residential construction in order to 

diversify and better balance the municipal housing stock. 

Legislation has been approved. For the most part, the process 

has been pretty positive. There have been some concerns from 

the County on how it applies to Fair Housing Issues, but work 

has been done to correct that. 

Design Guidelines: Legislative initiative intended to describe 

and outline standards to improve the quality, appearance, and 

functions of new development and re-developments, consistent with the 

goals of the Urban Service Area Land Use Plan (Comprehensive Plan) and the Vision 

Elements and Strategic Goals. Review in process. 

Subsidized Housing Policy: Informal City Council policy with the goal of balancing local subsidized housing 

obligations to make them proportionate with Xenia’s population as a percentage of county population. 

Promotional Video: Production of web-based marketing video to highlight the livability and local assets of Xenia. 

Production in process. Mr. Brodsky said they plan to preview the promotional video with Council at the July 8 th work 

session. 

Gateway enhancements: Aesthetic and accessibility enhancements for targeted community and downtown 

gateway locations. W. Main Enhancement construction will begin in the summer of 2010; S. Detroit/Bike Spur 

Enhancement is in design phase this year with construction to begin in 2012; Streetscape at various locations in 

process. Aesthetic and accessibility enhancements for targeted community and downtown gateway locations, 

including: 

W. Main at Progress 

E. Main at Whiteman 

N. Detroit at Church 

S. Detroit from Xenia Station to the Eavey Building 

68 N. at corporation limit 

Tier II Downtown Revitalization Program and Wayfinding/Signage: Grant-funded downtown revitalization 

program seeking physical and organizational improvements to the downtown environment; program elements 

include: 

Façade loan program expansion 

Downtown Revitalization Committee formulation 

Public/private cooperative for investment and redevelopment 

Infrastructure improvements and aesthetic enhancements, including streetscape upgrades, parking lot 

rehabs, sidewalk and curbing replacements 

Downtown wayfinding/signage program providing directional assistance and municipal building and local 

attraction identification 

Status of Program: Façade loan program in project identification and assessment phase; Revitalization 

Committee establishment in process; Downtown consultant to initiate economic restructuring initiatives 

summer 2010; various parking lot and streetscape improvements in construction and pre-construction 

phases. A better report on those activities will be available this fall, but they want to move forward 

aggressively with the funding. There is a timeline established as part of the Tier II Grant Program as to 

when those funds must be spent and when those elements must be completed. 

Mr. Merriman entertained questions. None were presented.


Fire/rescue service delivery: Assessment of current service delivery 

obstacles and development of options for alternative service delivery 

for fire/rescue. Initial work on service delivery obstacles completed 

by Fire Division in 2007, updated in 2009; no formal initiative to 

develop service delivery alternatives currently underway. 

Comprehensive Plan Update: Community-centered process to 

identify growth priorities and service obstacles, desires in order to 

update Xenia’s Comprehensive Plan, and to provide strategic 

direction for administration. Initiative has been delayed due to 

budget limitations and City Planner’s retirement; no formal 

initiative planned at this time and until a new City Planner is hired and 

has time to get accustomed to the community. 

Utility Billing Policy Updates—Initiation Fee: A fee for new utility accounts was created by 

ordinance on 11-24-09. Council approved a check scanning software purchase funded by this revenue stream in 

June 2010. 

Financial Management Information Systems: Mr. Merriman said Mr. Duke has been working on obtaining a 

software program(s) to link to the Finance database that will be designed to improve the efficiency and accuracy of 

departments’ financial management. It is in development, but a completion date has not been set because it is taking 

a lot longer than expected. 

Recreation Enhancement: Mr. Merriman said he and Vice President Mills discussed a proposed initiative aimed at 

assessing and nurturing cooperative opportunities and partnerships to expand the number and diversity of local 

recreation offerings, particularly if the November Levy fails. It is still a preliminary plan, but the process outline and 

participation list have been proposed. No date established to initiate stakeholder meeting. 

Mr. Percival said HVS is a private recreational business that is currently collecting data and will 

have a report back to the developer within the next two months, at which time they also hope to 

move that private process forward. 

Councilman Smith asked why there are no trash cans at Spring Hill Park. Mr. Merriman said 

there is an order for the park benches, trash cans, and shelters for Spring Hill Park. Councilman 

Smith said he was at Spring Hill Park yesterday with his kids. It is a nice park but there was 

trash on the ground and he wondered why there were no trash cans. Councilman Louderback 

said he requested trash cans for that park six months ago. There is no reason why they have to 

wait for new trash cans; trash cans could be put out there now. Mr. Merriman said he would 

make sure there were some trash cans at Spring Hill Park on an interim basis. Councilman 

Louderback said that is what Mr. Merriman told him six months ago. 

Mr. Merriman entertained further questions. None were 

presented. 

Vision Launch Committee—Focus Group: Facilitated roundtable 

discussion of select local leaders assembled to provide feedback 

on current state of City and Vision and Strategic Goals. Focus 

groups and assessment completed fall 2009. 

Community Survey: Survey of Xenia residents designed to 

assess community impressions and desires on issues ranging


from public image to service provision with a pretty positive response from the Focus groups last year. The survey 

helped them understand the community’s position on the Levy and issues ranging from the downtown to recreation 

initiatives, etc. Last survey completed in 2009. They discussed how often they should do surveys (annually or every 

two to three years), which will be discussed with Council for recommendations. No survey update currently planned 

or budgeted for 2010. 

Communications Policy—Press Releases: Policy and procedures for creation and dissemination of public 

information press releases. Policy implemented in 2009; standardized PR template currently in use. They have seen 

incidents where having a designated process in place benefitted finding a missing resident. 

Community Newsletter (aka “The Xenia Communicator”): Community newsletter aimed at connecting Xenia 

citizens with service offerings, highlighting local service and infrastructure improvements, and enhancing the directreporting 

capacity of City leaders to their constituency. Newsletter launched in spring of 2010. Continuing 

publication timeline and goals currently under discussion to determine how frequently and to what extent they want to 

publish the community newsletter and how much money can be spent to publish it. They preliminarily discussed 

publishing the newsletter twice a year. 

Councilman Caupp asked what it cost to publish the community newsletter. Mr. Bazelak said it 

cost $7,000, and they will look at the costs to see if they can do it more cost effectively next 

time. Obviously, they want to get the best quality product at the least cost. 

Mayor Bayless asked about the effectiveness of the community newsletter. Mr. Percival said 

that depends on how people choose to get information. Certain segments of the population 

watch television, others visit our website or Facebook, while others will read the newsletter if it 

is mailed to their home. The newsletter is just a different way for them to try to reach 

everybody. 

Councilman Caupp thought another Community Newsletter should be sent the first of October 

before voters receive their absentee ballots. Mr. Percival said they discussed sending another 

Newsletter at the end of September or the first of October for that reason. Mr. Merriman said 

they can also ask on a future survey if the Community Newsletter was effective. 

Social Media Outreach—Facebook Account: Creation of City Facebook page to provide on-line presence and 

visibility of City and to offer local Facebook users with an additional on-line information outlet. Mr. Merriman said 

there has been a lot of debate about the value of Facebook. He felt Facebook had some relevance and they have 

seen a lot of positive outcomes. The page is still active, although our presence has been scaled back a bit. 

Website Enhancement: Periodic programming and aesthetic updates to City web portal. The City’s website has 

grown by leaps and bounds since they did the comprehensive rehab on it a few years ago. Over the next year or two 

the website will need to be updated to keep it relevant. They are pleased with the amount of traffic it receives. For 

example, the City Planner’s position was posted on the City’s website and a few other professional websites, and 

there has been a really good response, which indicates a lot of folks are using the website for information. Money 

was budgeted for the website in 2011. 

Brand Use Guidelines: Policy outlining acceptable uses of City seal, logo and tag; provides technical information 

on brand graphics as well as access to electronic templates of brand graphics. Draft guidelines completed to give 

the city exclusive rights to use the tag line. Electronic resources available on intranet; service mark registration. 

Mr. Merriman entertained comments. None were presented.


November Ballot Issue: Issue to be placed on the November 2 nd 

ballot calling for .5% income tax increase, the proceeds from which 

will be used for public safety services and capital (50% of total 

additional revenue) and streets and general capital expenditures 

(50% of total additional revenue). Ordinance for ballot measure 

approved by Council. 

27 th Pay Reserve: Accounting measure and policy standard 

established to ensure that City’s reserve fund requirements include annual 

set-aside consideration for “27 th ” pay phenomenon. Policy has been implemented. 

General Capital Set-Aside: Financial Management goal that provides for a (minimum) 5% set-aside for general 

capital improvements program. Policy goal has been established, but given the difficult budget circumstances, they 

are not able to fund this as they would like. The November ballot initiative includes this consideration. 

New Fund Creation: Fire/Police and 911: Financial management policy and budgeting function that provide for 

individual service funds for fire/police operations and capital improvements and 911 operations and capital 

improvements. The 270 fund for fire/police currently in use; 250 fund for 911 currently in use. The Tax Budget is on 

the agenda for next regular session; the 911 and Fire/Police funds are a part of that budget process. 

Financial Management Policies and Initiatives: Collection of financial management policies and goals established 

in cooperation between administration and City Council and updated annually, to provide for accountability and 

stewardship of financial resources. Financial management policies in place; to be updated with 2011 budget. 

Mr. Merriman entertained comments. 

Vice President Mills asked where the repairs for the Shawnee Park retention wall fits into the 

budget process and if it went under General Capital set aside. Mr. Merriman said that would be 

the funding source but they also looked into other funding sources, such as grant funding from 

stormwater since it is an extension of the stormwater system. If they had the money, it would be 

easier to do the repairs under General Capital because all the components are a function of the 

park. 

Utilities—Water, Sewer, Stormwater. Prioritization of and 

technical and financial planning for utility systems’ compliance, 

sustainability, and/or expansion; planning elements include: 

Water System Modeling and improvement Study. 

With Council’s approval and authorization, a contract 

will be awarded. A key component of that work will 

be to layout a five year prioritized list for capital 

improvements that focuses on stabilization of the 

system, what they need to do to expand the system 

if there was a significant increase in commercial/ 

retail/industrial development so that they have the 

capacity to absorb that expansion. 

Sewer Inflow and Infiltration Study recently completed. They are in 

the process of analyzing those results and will use them as they develop this year’s 5Yr CIP 

development using a two prong focus. (1) Continue to expand the city’s sliplining program to stabilize the 

existing sewer lines; (2) It will give them the ability to do targeted replacement where they know they have 

significant collapse and failure of those sewers. 

Water model set to begin summer 2010



Street Rehabilitation: Prioritization of and financial planning for comprehensive street rehabilitation; assessment 

effort includes “pavement condition index” (PCI) rating for all streets: 

Thoroughfares/state routes 

Local residential streets 

Curbing/sidewalks 

Streetscape 

PCI ratings require update 

Mr. Merriman said he worked with the City Engineer on street rehabilitation to develop a comprehensive plan as if 

they had the money today to tackle the streets. They would like a logical process in place if/when money is available. 

Facilities: Assessment of facilities’ current condition and long-term facility use plans; includes current and projected 

City facilities. No planning or assessment currently in process. It is definitely an area of deficiency on which they 

need to focus in the near future to provide some long-term space use and facility plans for: 

 

 

City Hall 

Public Service Center – desperately needs generator back-up power particularly in the winter when there 

are a lot of activities with streets. 

Fire Stations 1 and 2 

Simon Kenton facility 

Parks: Improvement program outlining the capital plans for parks improvement and rehabilitation according to 

Comprehensive Parks Plan (a component of the City Comp. Plan); includes Shawnee Park, Xenia Station, Franklin 

Park, and a dozen neighborhood parks. No assessment currently planned; Comprehensive Parks Plan requires 

updating. 

Fleet Management: Updating and expansion of Fleet Management Program. Review of garage model proposed; 

fleet management system currently under review. They are aggressively looking at fuel efficiency standards and 

whether the system they have in place today in terms of the operations done in-house is more cost effective than 

contracting it out, and what direction they want to take in the future for maintaining that system. 

Information Technology: Comprehensive Information Technology Improvement Plan covering hardware and 

software systems build out and maintenance, fiber optic communication system implementation, and various other 

technology programs. Expenditures for information technology capital were reduced significantly. Providing fiber 

optics lines in City facilities is important and a valuable asset because it not only provides more viable 

communication, but also reduces the operating costs they pay to Time Warner monthly to use their fiber optic lines. 

The entire category of information technology is in limbo, not due to any fault of Mr. Cardenas, Mr. Bazelak, or their 

staff, but because there is no money right now. The 5 Yr CIP development is in process and will be provided to 

Council later this summer. 

Mr. Merriman said the Goals and Initiatives derived from the Vision Plan should be reinforced in 

Budget Priorities. The next thing they would like Council to consider is their budget priorities. 

Vice President Mills entertained questions. 

Councilman Miller apologized for arriving to the meeting late. He asked what would happen in 

the worst case scenario with no additional resources coming in after November. Obviously, we 

have budget priorities and a Vision Plan, but we will have to throw it all out and start over if the 

levy does not pass in November. Obviously, we want the Parks and Recreation Department up 

and running, more people to take care of parks; more fiber optics; a new HVAC unit for City


Hall, etc. If the levy does not pass in November, where do we start? Will we have to do this all 

over again and decide what will and will not survive? 

Mr. Percival said the budget is being prepared based on the current revenue stream and not on 

additional revenue. They will look at the current complement of individuals in each department 

and division to make sure they have the appropriate number of people based on the projected 

revenue. There will probably be very little—if any—capital improvements other than paying for 

the current debt service. There is no street program this year and there will probably not be a 

street program next year unless they get some grants and local revenues to use as a local match. 

They will continue to provide the highest quality of service they can based on the existing 

revenue. That is the worst case scenario. The best case scenario is if they are able to obtain 

additional revenue, employees will be rehired and services will be provided at a different level. 

They will be able to do the street repairs as they proposed prior to the last levy. With an 

additional $500,000 a year, they will be able to do major projects such as the Shawnee Park 

retaining wall repair. Those projects cannot be done now due to lack of revenue. 

Councilman Caupp asked if there was a grant available for repairs to the Shawnee Park retaining 

wall. Mr. Percival said they tried three or four different grant scenarios and will try to go 

through the State Capital Program. Councilman Caupp thought there should be green funds 

somewhere to repair the retaining wall. Mr. Percival said he thought they could use different 

stormwater funds, but every time they applied for grant funding, the projects were denied. They 

continue to try to find a way to fund it. As Mr. Merriman said, the best way to repair the 

retaining wall would be if they use General CAP funds to get it done because it is a project that 

needs to be completed. 

Mr. Bazelak said regardless of what happens in November, they need to focus on these core 

elements. What they do with those core elements will change whether or not they are able to get 

the additional revenue source. Economic development will be important regardless of whether 

the levy passes in November, which they will discuss more at the July 8 th meeting. One of the 

reasons they wanted to have this meeting for Council to review the Vision Plan Update is they 

will see some of the accomplishments under those various areas that have occurred since 

September when the initial 20/20 Vision Plan was given to Council. As he looked through the 

Matrix, many things were accomplished in that short time frame. He realized the focus has been 

on the levy failure and all the efforts everybody made to try to get that passed. However, other 

things are going on at the same time besides the levy effort. If Council will go back and review 

the Matrix, they will see a more in-depth list of things that have been done. 

Councilman Miller said the reason he asked the first question was to make sure the Xenia Daily 

Gazette gets some of the information. 

Mr. Merriman said a lot of the initiatives in the Vision Plan are aimed at expanding the tax base, 

creating a quality of life environment, economic development incentives, etc., that not only will 

help increase the tax base, but also expand it so there are more opportunities for revenue to come 

in and not just a tax increase on which they can hang their hats. 

Vice President Mills entertained further questions. None were presented.


Ideas and Recommendations for 2011 Budget Priorities. Based on Councilman Miller’s 

earlier comments, Mr. Percival said they have priorities that are going to be there regardless of 

our funding source. They would like to discuss what Council’s budget priorities are for 2011 

and in the future. 

Councilman Miller said his priority is economic development. He used to wish for the other 

priorities, but he would rather use every dime the city has to attract new business and put people 

to work. 

Councilman Louderback said everyone knows we are in the worst recession since the Great 

Depression, so this is not business as usual. In his opinion, there are some tough cuts they have 

not made that need to be made. He did not think they could afford to hire a City Planner until 

November, and maybe not even then. The Engineering Department and the Law Department 

have operated without assistants for six months. He proposed that the City Manager and Finance 

Director operate without assistants in the future. We need cuts at the top of the Fire and Police 

Divisions because we have too many chiefs and not enough indians. They need to reopen the 

contract with the Firefighters Union. He did not know if Council or management could do that, 

so he would need to get some legal advice. He will state publically we cannot afford the increase 

the Firefighters Union got … the levy did not pass and we cannot afford the additional $125,000. 

We need some assistance from the firefighters just like we had assistance from our non-union 

employees. We cannot operate as normal as they have in the past. He strongly suggested they 

reopen the Firefighter’s Union contract. 

Councilman Louderback referenced the Xenia City Charter Section 9.07 (D) Transfer of 

Appropriations. “At any time during the fiscal year the City Council may by ordinance or 

resolution transfer part or all of the unencumbered appropriation balance from one (1) 

department or major organizational unit to the appropriation for another department or major 

organizational unit. The Finance Director may transfer part or all of any unencumbered 

appropriation balances for any department or organizational unit, provided that such transfers 

are within existing appropriations and shall report such transfers to the Council in writing in a 

timely manner.” 

Councilman Louderback asked if that meant they could transfer money from one fund to another 

that is not in the budget. Mr. Percival said the Charter section refers to unencumbered balances – 

the non-appropriated monies. They cannot transfer money from Enterprise Funds (water, sewer, 

sanitation, streets) to the General Fund, but they can transfer money from the General Fund to 

the General Capital Improvement Fund. For example, they cannot take money from the Water 

Fund and put it in the General Fund. 

Mr. Bazelak said the Charter refers to the final appropriations ordinance they do at the end of the 

year. For example, if the Fire Department’s budgeted amounts came in under what they 

expected, and the Police Department’s budget went over what was allocated, the City Charter 

gives Council the authority to transfer money within those departments. In this example, the 

Police Department’s budget could be increased and the Fire Department’s budget could be 

reduced. At the end of the year, the final appropriations ordinance transfers those appropriations 

between the General Fund Departments. Councilman Louderback said that answered his 

question.


Councilman Louderback asked approximately how much money they have in the Water and 

Sewer Fund. Mr. Merriman predicted the yearend balance in the Water Fund would be just 

under $1 million and $700,000 would be in the Sewer Fund. Mr. Bazelak said it would be more 

for both operating and capital funds. Councilman Louderback clarified that money is 

untouchable. Councilman Miller said the money has to be used for water or sewer projects. 

Councilman Louderback said he understood that. He clarified even though they are laying off 

firefighters, they cannot touch the water or sewer funds. Councilman Miller said that was 

correct. 

Councilman Smith asked why money from the Enterprise Funds could not be transferred. 

Mr. Percival said State law will not allow that. Enterprise funds must be used for that particular 

purpose and cannot be used for anything else. 

Councilman Louderback thought Council would have to make some very difficult decisions and 

the buck stops here. It was very critical to him that they reopen the Firefighter’s contract. 

Councilman Caupp said there is no reason to put out a wish list because there is no money. They 

need to stick to the necessities. His priorities are streets, curbs, stormwater, and sewers. There 

are areas that need to be repaired. Economic development is important, but he felt putting out a 

wish list would just be spinning their wheels right now. 

Councilman Miller thought the number of catch basins that need to be replaced were counted. 

Mr. Percival said there are 700 catch basins that need to be replaced. Councilman Miller thought 

it would be great to replace all the catch basins, but that is not possible. Mr. Percival said the list 

will continue to grow. The longer they have to wait to do street repairs, the worse the storm 

sewers will be because water gets under the streets and pushes up the catch basins. 

Councilman Caupp asked where streets were listed as a priority in the citizen’s survey. 

Mr. Percival said 77% of citizens said streets are important 1 . Councilman Miller agreed citizens 

felt streets were a priority. He noted it took Fairborn five tries to pass their street levy. It may be 

different in Xenia based on the survey. 

Mayor Bayless said her interest is economic growth activity. She asked Mr. Percival when the 

2010 Census would be finalized. Mr. Percival said April 2011 is typically when the final Census 

figures are available. Mayor Bayless said she did not see how anything can be done if they do 

not have business. 

Councilman Smith said his priority is economic development. If the economy does turn around, 

Xenia will be in competition with every city in the area to get new business. If the city lags 

behind, it will create an even worse situation. 

Councilman Caupp felt they had enough priorities out there that are still not completed. 

1 Citizen’s survey results: The highest percentage of support from respondents was for a streets improvement levy, 

with 74.2 percent of respondents indicating that they would support such a levy. More than half of respondents also 

expressed support for a fire levy that created a new fire station (55.7 percent) and a parks improvement levy (55.7 

percent). Less than half of respondents (45.3 percent) expressed support for a police levy that would build a new 

criminal justice center.


Councilman Miller asked about the priority list from last year. Councilman Caupp noted one 

priority on last year’s list was the Shawnee Park retention wall repair; he thought there were five 

items on the list. Mr. Percival agreed that was one priority. Another priority staff and Council 

identified in the past was a 20” redundant water line parallel from the Water Plant into town. 

Vice President Mills said another project Council identified as a high priority was diking around 

the Wastewater Treatment Plant. 

Vice President Mills agreed that economic development should be a priority and that it would be 

difficult to create a wish list. Many things are important, such as having a safe city, jobs, streets, 

and parks. However, what good is having a park like Shawnee Park if you cannot walk on the 

sidewalks around the lagoon due to repairs being done. She did not see how they could begin to 

work on a wish list without economic development bringing in new jobs and creating an 

atmosphere for new growth. When the economy picks up, they should be two steps ahead of 

other communities. 

Mr. Brodsky said he appreciated the fact that Council is very supportive and wants to promote 

economic development. Although they are not seeing new businesses hiring 200 employees, 

things are turning around because they are seeing incremental improvements. A new company is 

in the process of moving into the Industrial Park. He has already met with a business that is 

purchasing new machinery and hiring new employees. Tomorrow he is meeting with another 

company that is planning to add some machinery and bring back additional employees. As of 

this afternoon, the city’s unemployment rate was down—although not significantly—it was 

better than a few months ago. More importantly, the overall number of people employed is up 

and the number of people in the work force is up, which means the fall in unemployment is not 

because people have moved out or given up. The labor force and number of people employed is 

up. Some small businesses that laid off people 18 months ago are bringing those people back, so 

things are getting better. 

Mr. Brodsky understood they are in a very difficult economic time, but he asked Council to 

please keep in mind there are a lot of things that go into economic development. If they do not 

have the services, facilities, and schools, there will be no economic development. Economic 

development is selling the city to existing businesses that want to expand in Xenia or to attract 

new businesses that are looking for a place to locate. There has to be a reason for those 

decisions, but there are a tremendous amount of things that go into it. Obviously, education is 

important. Fortunately new schools are being built as a result of the passage of the school levy, 

and Xenia being designated as a District of Excellence is helping a lot. Council cannot slash 

everything to the bare bone because that ultimately affects their ability to sell the city and to get 

economic development. 

Councilman Louderback asked Mr. Brodsky for his suggestions based on the money the city has 

to work with. Mr. Brodsky said he understood there is only so much money available and that 

they must work within that budget. Councilman Louderback said he hears that every day and 

was not being facetious, but he wanted to know how Mr. Brodsky would fix the problems. If 

services cannot be slashed, what can they do? 

Councilman Louderback asked Mr. Brodsky if there was a positive or negative job growth in 

Xenia last year. Mr. Percival said the job growth last month was positive. Councilman


Louderback said he understood the job growth last month, but the job growth in Xenia has been 

negative for years. He asked Mr. Brodsky if it is correct that CMS is laying off people. 

Mr. Brodsky said CMS laid off a few people. Councilman Louderback said CMS had 160 

employees and is now down to 40 employees. BARCO is laying off people. We don’t have any 

economic development in the City of Xenia; we did not have economic development when times 

were good. Now Mr. Brodsky is telling Council to not slash services, so explain to Council what 

they can do without slashing services. Where is the positive growth that Mr. Brodsky has been 

talking about? He believes in calling a spade a spade. Where is the positive growth in Xenia – 

there is none! 

Mr. Brodsky disagreed with Councilman Louderback. Councilman Louderback said if a 

business starts the year with a certain number of employees and ends the year with the same 

number of employees, where is the economic growth? Mr. Brodsky asked if Councilman 

Louderback was referring to city employees or private employers. Councilman Louderback said 

he was referring to the total number of people employed in the City of Xenia. Mr. Brodsky said 

according to the Bureau of Labor Statistics data as of today, unemployment was 13.5% in March 

and down to 11.8% in May. Councilman Louderback asked how those figures addressed people 

who have just quit looking for jobs. Mr. Brodsky said the total employment in January was 

11,267; February 11,291; March 11,391; April 11,539; and May 11,622. Those are not huge 

numbers, but they are seeing an increase in total employment and not just the rate, because there 

are businesses who are recalling laid off employees. 

Councilman Louderback said he understood economic development, but he regrets that 

Mr. Brodsky said this Council should not be slashing the budget to the bone. If Mr. Brodsky can 

come up with a better idea, he should. 

Mr. Bazelak said there has been a significant reduction in employees over the last number of 

years. Since 2003, 36 positions have been reduced. In 2003, 15 positions were laid off, 9 fulltime 

positions were laid off in 2009, and 12 positions, including fire and police, were laid off in 

June 2010, which totals 36 positions. Councilman Louderback said he understood all the cuts 

they went through; Mr. Bazelak is preaching to the choir. There are people saying let’s do it this 

way or that way. If Mr. Brodsky has a better idea, bring it to us. That is what he tells all the 

other citizens because he is very tired of all the “armchair quarterbacks.” 

Mr. Percival thought they all hear that every day. They have heard why don’t you lay off “X” 

such as the Public Service Department, which they can’t do. What he continues to say is that 

they work extremely hard to provide the best possible services based on the available revenue. 

He felt everyone in this room has made decisions based on that thought process. They must 

decide what they can buy or the best possible service they can provide with the money they have. 

Councilman Louderback said how the Appointed Officials could have negotiated a contract to give 

employees a raise if our levy fails. Mr. Percival said the contract with the Firefighters Union was 

negotiated back in 2008. Councilman Louderback said he did not care if the contract was negotiated 

in 2000. Mr. Percival said the Firefighters Union contract was negotiated in 2008 before the 

economic downturn. Councilman Louderback said he understood contracts, but that was just poor 

negotiations! Now the levy has failed and the city is giving the firefighters an 11% raise because that 

is what was negotiated in a contract. Now you tell me that is smart business. Mr. Percival said the 

Firefighters Union contract was negotiated in 2008, prior to the economic downturn. Councilman


Louderback said it was not; this economic downturn has been going on for years, but people just 

don’t realize it. He asked what the city did in 2003. Mr. Percival said he had to lay off employees in 

2003. Councilman Louderback said that is what he was talking about. Mr. Percival said the 

economy was much better in 2004 through 2008. Councilman Louderback said they bowed down to 

the Unions and gave them whatever they wanted, which is the situation they are facing now. 

Vice President Mills thought they were getting off the subject. Councilman Louderback 

disagreed—they are talking about Council budget priorities and one of his priorities is to reopen 

the stupid contract they made with the Firefighters Union. Vice President Mills said Councilman 

Louderback has made that very clear and Mr. Percival has responded to his question. They can go 

head to head for hours and not come up a solution at this moment. Councilman Louderback asked 

if Vice President Mills wanted him to shut up. Vice President Mills said that is not what she said. 

Vice President Mills entertained further comments. 

Councilman Caupp said he was in favor of opening up discussions on the Firefighters contract. 

Vice President Mills thought they all have said that in executive session meetings at one time or 

another, if that is possible. Councilman Louderback said he did not know what they said. Some 

people change their minds like the wind, but he has made his feelings public. 

Mr. Bazelak said if Council desires to do that they can have their labor attorney look at what can 

be done about opening up the contract, but the feeling is it would be very difficult to do that. 

Councilman Louderback said that is because the Appointed Officials do not want to go to 

arbitration because the Union always beats them in arbitration. It is time the City starting taking 

on the firefighters! (Councilman Louderback left meeting at 6:25 p.m.) 

Mr. Percival said last Thursday they discussed the need for a motion to amend the Employee 

Benefits Manual to add 56 hours of uncompensated personal time for sworn police officers. 

Vice President Mills noted she did not attend the last Council meeting. 

Motion by Councilman Smith, seconded by Mayor Bayless, to amend the Employee Benefits 

Manual to add 56 hours of uncompensated personal time for sworn police officers and a severance 

package for laid off police officers. No discussion followed. The Roll on this was the following: 

Ayes: Miller, Smith, and Bayless 


Nays: Caupp motion carried. 

ADJOURNMENT: Motion by Councilman Miller, seconded by Councilman Smith, to adjourn 

the Special Session at 6:30 p.m. Brief comment followed. Councilman Smith asked what time 

Council was meeting on July 8 th . Mr. Percival said there would be a special session beginning at 

5 p.m. on July 8 th . The Roll on this was the following: 





Jeanne Mills, Vice President 





5:00 p.m. 

The Xenia City Council met in a Special Session on July 8, 2010, at 5:10 p.m., in the City 



and Patricia L. Felton (arrived at 6:10 p.m.). 

Economic Development Initiatives. Mr. Percival noted at a Council meeting a few weeks ago 

to discuss priorities, one of the priorities everyone listed was economic development. For almost 

a year, they have been working on a plan for economic development for the City. They came up 

with a couple of new initiatives and some other things they would like to outline. He then 

invited XEGC Director Steve Brodsky to proceed with the PowerPoint presentation, after which 

they will discuss what they are trying to accomplish with the new tax initiatives. 

City of Xenia Economic Development Plan 

Creating a Sustainable Community 

What is Economic Development? Economic development has different meanings 

depending on context. To some, it means job creation or retention. Others define it as 

business attraction, while to others, it is wealth generation. All of these are elements of 

economic development. In its broadest sense, economic development is about creating an 

environment that is conducive to meeting the economic goals of a community. Those goals 

are unique to each community. 

Development Goals for Xenia 

• Market the City, sites, and buildings to prospective new businesses. 

• Promote workforce development and develop information about workforce needs. 

• Continuously examine ways of improving the local business climate, including streamlining 

permitting and regulatory procedures. 

• Seek opportunities to develop vacant parcels of land and where appropriate, expand City 

boundaries, and pursue Joint Economic Development Districts (JEDD) in concert with 

surrounding townships in other growth areas. 

• Develop strategies to increase retail opportunities, especially where market gaps currently 

exist. 

Xenia’s Economic Environment—Xenia has several advantages in pursuing economic 

development opportunities. 

• Excellent location with good access to I‐70, I‐71, and I‐75. 

• Excellent industrial land available at competitive prices, much of it is “shovel‐ready.” 

• Proximity to Wright‐Patterson Air Force Base provides opportunities to grow due to the inbound 

missions resulting from Base Realignment and Closure (BRAC). 

• The region enjoys competitive vocational and technical training and higher education 

opportunities. 

• Xenia citizens are perceived to be dedicated and skilled workers. 

• Xenia has a diverse and growing housing stock in many price ranges. 

• Xenia has a diverse economic base.


Xenia also has several challenges to development 

• The city has relatively few industrial buildings available. Many of the buildings that are 

available are not desirable or conducive to today’s environment due to their age. In the 

current economy, many companies do not want to build new buildings, even if they can get 

financing, because they would rather lease existing space so they have lower costs. If their 

business does not work out, they are not stuck with the building. 

• Fiscal constraints hamper the ability to provide the necessary capital to quickly address 

utility and infrastructure needs a particular company may have. Most of the Xenia sites are 

shovel ready and have utilities and roads so a lot of infrastructure is not required. 

• Parts of the economic base are at risk, especially those that rely on traditional automotive 

manufacturing, although a lot of those businesses have diversified and gotten into other 

areas. One example is Superion, a company in the Industrial Park that was featured in the 

Dayton Business Journal last week. Superion makes customized cutting tools, drill and saw 

bits/blades work for the automotive industry. A few years ago as the company began to 

diversify and started the process of getting into the aerospace industry, which was not easy, 

but the investment and their patience paid off. They have rehired almost all their laid off 

employees and are still hiring as they expand. 

• There is a perception that taxes and government regulations are burdensome. People still 

have issues with the building permit process, but contractors also say if people start early 

and know how the process works, it is not any worse than anywhere else. For those who 

want to cut corners and not do things the right way, the process will be more difficult. 

• The city’s current demographic base makes retail recruitment more difficult and also affects 

the tax base. Retailers generally count roof tops, look at disposable income, and are not 

always so worried about location/visibility. Retailers ask how many households there are 

and what their income is, which is how they base their location decisions. Xenia does not 

necessarily compete as well as other areas as far as household income, although it has 

gotten better over the last few years. 

• A relative lack of retail opportunities weakens the quality of life aspect of the community 

and makes recruitment more difficult. 

Business Retention & Expansion (BRE) 

• Primary Goal for XEGC—we need to build upon the base that we have 

• Nationally, more than 80 percent of job growth comes from BRE efforts 

• Less costly than attraction efforts 

BRE Strategy 

• Maintain membership in BusinessFirst!, a regional business retention program that supplies 

the City with a very comprehensive data base. It also allows them access to 80 different 

resource partners (people in regulatory agencies, finance groups, education, training, and 

utilities that have made a commitment to the Business First program) who respond within 

24 hours if they are called for assistance with one of your businesses. 

• Maintain contact via e‐mail and other media to alert businesses about new opportunities 

utilizing the data base they have. They just found out this spring that Xenia businesses are 

now eligible for some U.S. Rural Development (RDA) financing. He met with a business last 

week to discuss one of those programs, and more than likely the business will pursue that 

to make some changes to their building and get some term working capital to help them 

expand. 

• Utilize XEGC Boards, the Xenia Area Chamber of Commerce and other groups and 

individuals to network with area businesses.


• Work with development partners to provide assistance to our businesses, not only for our 

BusinessFirst! program partners, but they also work closely with Greene County’s 

Development Department and the Dayton Development Coalition when they get leads. He 

got a lead Tuesday that was provided by the Dayton Development Coalition. 

Community Marketing 

• Promote Xenia to both internal and external audiences. One of the results of the community 

survey done last fall was that there is a negative perception among Xenia citizens. It is a self 

esteem issue. They need to communicate to current residents and external people they are 

trying to entice about the positive things about Xenia and the business opportunities 

available. 

• Work with regional development partners to educate them on the Xenia community and its 

assets. He has met with representatives from the Dayton Development Coalition, the State 

Development Office, and others to show them the housing options, the Industrial Park, our 

available land, and everything Xenia has to offer. Most of the people did not realize all Xenia 

has to offer because it had been awhile since they visited our City. If they do not know, they 

will be unable to help us sell the community. 

• Targeted advertising in industry publications. There are some site development and area 

development magazines that are used by real estate people and site selection consultants 

who make real estate decisions. Where appropriate, they do some advertising, but that can 

get very expensive for their limited budget. For the last two years, they have tried to work 

with publications that have Internet packages, and they might get an advertisement in one 

issue of a magazine. Quite frankly, that is not going to do a lot, but they also get a full year 

presence on their website, and in some cases, they get to post information about their 

industrial sites, demographics, etc. Most site consultants do web searches first to narrow 

down where they want to locate. XEGC’s website has also generated some leads. 

• Develop a “Xenia Proud” or similar campaign to enhance community pride and visibility. 

• Maintain a list of currently available industrial and commercial properties. Keeping a list of 

industrial and commercial properties is easy, but it is more difficult to keep a current list of 

properties for lease because the property owners do not always let XEGC know when they 

lease their property. There have a few occasions when they referred someone to a property 

and found out the property was leased a few weeks before and no longer available. 

• Keep the website up to date because that is where most recruitment is happening. 

Development Areas 

• Xenia has excellent industrial sites available 

– OVCH Property (164 acres). He thought the road paving between Union Road and 

St. Rt. 380 was to be completed this week. 

– Arnovitz Site (90 acres) in the Industrial Park between Enterprise Lane and Patton 

Street. Utilities are in place. 

– Bales Site (access to site is off Birch and Hoop Roads). At this time there is no access 

from Enterprise Lane. Their recommendation is to not extend Enterprise Lane to 

the site because there is a lot of frontage. Depending on the business that might 

move there, the last thing he would want to do is spend hundreds of thousands of 

dollars to put in a road and have the business wish the road was located somewhere 

else. They have a right‐of‐way across the property to get to Enterprise Lane. 

– Hooven & Allison Redevelopment. He hopes to have a report to Council by the end 

of July on where they are at in regard to the site clean‐up. They are finishing up the 

soil boring and water samples. He anticipates they will request authorization from 

Council to apply for some Clean Ohio Funds to help with the clean‐up. He could not


provide an estimate at this time because they are looking at several scenarios. Once 

the clean‐up is done, that will be an excellent site. Some of the buildings will need to 

be demolished, but not all, which should help with recruitment efforts for 

businesses that would like to make use of existing buildings. Since there is a lot of 

open space on the site, it will be easy for an industry to configure the site to meet 

their needs. 

Councilman Caupp asked what happened to the potential biodiesel company. Mr. Brodsky said 

they are still working with a potential tenant, but the tenant would only need one small portion of 

the site. 

Mr. Brodsky continued discussion on Industrial Sites: 

– Industrial Boulevard Sites (1‐ to 10‐acre tracts available) 

• There are also excellent retail locations 

– Progress Drive Area 

– West Park Square Redevelopment (former Walmart) 

– Greene Park Plaza Redevelopment (former Kroger/Rink’s site). They are working 

with the owner of that site to see if they can get some type of family recreation/ 

entertainment complex there. The owner is currently doing a market feasibility 

study to see if there is a need, which we all know there is. If the numbers come back 

where they need to be, the owner may pursue that at that site. It may be fall before 

they have the results. 

– Downtown area. The Tier II Grant will be a tremendous help in revitalizing our 

downtown and help property owners update some of their buildings. It was 

disappointing to learn this week that Fulmer’s was closing. They have contacted 

another grocery store to see if they might be interested in locating in that space. 

They recognize the importance of having a grocery store in the downtown area. 

Many people relied on Fulmer’s, especially those residents who live in the senior 

high rise apartments. He has left messages with the Greene CATS Director to 

schedule a meeting. They would like to sit down with the managers of senior high 

rise apartments to see if there are ways to increase the bus routes or explore other 

options so those citizens can continue to be served by the remaining grocery stores. 

Councilman Caupp said he did not know with whom Mr. Brodsky spoke, but SuperValu is 

located in Xenia and Mike Lofino owns 17 Save-a-Lot stores; he felt that concept might work. 

Mr. Brodsky said he would be glad to talk with Councilman Caupp after the meeting, but they 

are contacting people to see if there is interest in getting another grocery store in that space. 

Mayor Bayless asked how much acreage was still available at Progress Center. Mr. Brodsky 

thought 120 to 150 acres were still available. Mr. Percival thought there were 120 acres 

available. Mr. Brodsky felt they would see additional development at Progress Center as the 

economy improves. 

Councilman Louderback asked if there were still plans for a Kroger Marketplace at Progress 

Center. Mr. Brodsky said he did not know if Kroger still planned to build a Marketplace, but he 

thought they were still looking at doing something in Xenia. He would be reluctant to say 

exactly what Kroger plans to do. Councilman Caupp said Kroger does not allow their stores to 

get stale. Mr. Brodsky noted Kroger is currently building a Marketplace in Beavercreek.


Mr. Lewis said Walmart is also going to be remodeled. Councilman Caupp said a lot of Walmart 

stores are downsizing. They are widening the isles, eliminating some isles, and downsizing their 

shelving square footage. 

Mr. Brodsky continued discussion on Retail Locations: 

• In‐fill development in Midtown area. The lot next to Rite‐Aid is available as well as space 

available in Xenia Plaza on Allison Avenue. He thought once the new Cox Elementary School 

is rebuilt on Dayton Avenue, they might see additional things happening, especially if the 

Greene Park Plaza Redevelopment moves forward with a family recreation center. 

Housing 

• Singing Greens 

• Gerdes Turf Farm (400 acres were annexed to the City of Xenia several years ago) 

• In‐fill in existing plats (Wright Cycle Estates, Sterling Green, et al) 

Mr. Brodsky said while there are hundreds of acres of land for potential new residential 

development, the current weak housing market means it will likely be several years before these 

areas will be addressed. When the market does rebound, a detailed cost/benefit analysis should 

be performed before approving new subdivisions or annexations because new developments also 

place a demand on City services. 

Councilman Louderback asked how many houses could be built on the Gerdes Property. 

Mr. Brodsky said there is the potential for 1,000 homes, depending on their size, lay-out, and the 

number of roads. He suspected there would be less than that. 

Where do we go from here? 

• New Income Tax Rebate Incentive. 

Mr. Brodsky noted the City of Fairborn and the City of Kettering recently passed an incentive to 

provide an Income Tax Rebate to businesses. Dayton passed an Income Tax Rebate for 

businesses in the downtown area, and other communities are looking at similar legislation. Their 

recommendation is to create an Income Tax Rebate Program for non-retail businesses with a 

yearly payroll of over $1 million to give the City another economic development tool for job 

creation. It is designed to enhance the tax base of the community and provide employment 

opportunities for residents of the City in accordance with the Economic Development and Vision 

Plans of the City of Xenia. He shared the proposed ordinance below: 

880.24 INCOME TAX REBATE PROGRAM 

(a) Where a qualifying non-retail business is subject to the provisions of 880.04, imposition 

of withholding tax, it may be eligible for the Xenia City Income Tax Rebate Program. 

Qualifying businesses will be non-retail businesses including, but not limited to, 

manufacturing, distribution, research and development, or technology firms. The 

incentive program is available to qualifying new businesses or qualifying existing 

businesses. 

(b) The Income Tax Rebate Program will rebate a portion of withholding income taxes 

collected from qualifying non-retail businesses creating at least 45 new full-time jobs 

with a wage of 150 percent of the federal minimum wage or 20 jobs at 400 percent of the


federal minimum wage or some combination such that the total payroll exceeds 

$1,000,000 for those jobs paying in excess of 150 percent of the federal minimum wage. 

At least 20 percent of the jobs will be held by Xenia residents. 

(c) If the qualifying non-retail business adds the requisite number of employees and payroll 

they will be eligible for a rebate of withholding taxes paid based on a credit of up to 

1 percent of the withholding income tax rate (i.e. credit of up to 1% of current 1.75% tax 

rate equating to 57% rebate of withholding taxes paid). 

(d) Qualifying non-retail businesses are eligible for a rebate for up to five years, if they 

commit to staying in Xenia for at least ten years. The rebate program will contain claw 

back provisions specified in the rebate agreement if the qualifying non-retail business 

leaves prior to the 10-year period or significantly reduces employment. 

(e) All rebate agreements are subject to the approval of City Council. 

Mr. Brodsky said while XEGC would administer the program, the decision making rests with 

Council. 

Councilman Louderback clarified the eligible rebate was based on a 1.75% tax rate and not the 

2.25% tax rate requested in the upcoming levy. Mr. Brodsky said if the rate increases to 2.25%, 

they would have to look at whether they want to keep the rebate the same or if they would want 

to increase it. Obviously, the rebate is based on the current tax rate. Mr. Bazelak said if the 

business is paying a higher rate, even at 1%, they will be getting a credit for a lot more because 

they will be paying a lot more at 2.25%. They looked at that and had the same question as 

Councilman Louderback. 

Councilman Louderback asked how they could legally require employees to live in the City of 

Xenia. Mr. Brodsky said they cannot legally require that, but they can strongly encourage 

businesses to hire City of Xenia residents. With their Enterprise Zone companies that receive tax 

abatement through the State, they ask that at least 10% of people they hire are City of Xenia 

residents. Mr. Percival said most of those companies exceed the 10% by a large margin. 

Councilman Louderback asked if a resident of Beavercreek who worked in Xenia would pay 

City of Xenia income tax. Mr. Percival said yes; they have to pay the current City of Xenia 

income tax rate because they work in the City. 

Councilman Caupp asked how that would work for a new company with a tax abatement. 

Would the company get either the tax abatement OR the Income Tax Rebate, or could they get 

both. Mr. Brodsky said potentially the company could get both. The City of Xenia gets 9% of 

the property tax collected with the majority going to the school system. That tax abatement is 

affecting the schools a lot more than the City, County, or any of the other entities. They have 

some agreements with the Township that would require some income tax sharing depending on 

the business. If they do business in the Township, they would have to talk to the Township to 

see if they would be willing to delay when they receive the full tax sharing benefit or something. 

Mr. Percival thought it was based on net collections and not on gross collections. Mr. Bazelak 

noted that was true for OVCH and the Progress Drive area. Mr. Brodsky said that is something 

they would have to look at.


Mr. Percival said a lot of companies today do not have a major real estate presence. A lot of 

them are not building big buildings or making major real estate investments, but they are 

bringing 10, 20, 30, or 40 jobs. This is just an incentive for them. When the personal property 

tax went away and was replaced with the Commercial Activity Tax (CAT), it took away part of 

the incentive for the Enterprise Zone Program because they could no longer get a rebate on 

personal property tax. The Income Tax Rebate Program is just another tool. 

Mr. Brodsky said as the CAT tax was instituted, even though they had a couple of years left on 

their Enterprise Zone Agreements, they voluntarily stopped the agreements. Businesses said it 

was not worth it to them to do all the paperwork involved because they were heavy on personal 

property tax and getting almost no rebate anymore. Therefore, those businesses voluntarily 

separated from that program. 

Mr. Brodsky said some people asked why they were not making the Income Tax Rebate Program 

available to small businesses rather than businesses with huge payrolls. If you have a company 

with a huge payroll, the company is getting a decent Income Tax Rebate, which acts as an 

incentive. If you own a small shop with three or four employees, the Income Tax Rebate Program 

is not much of an incentive to get back a few hundred dollars. The low interest loan program is 

still available to help those small businesses so they can get better financing, and generally those 

businesses need better financing terms. They have done a few loans recently where the businesses 

were able to get conventional loans, and they were able to provide some gap money. 

Mr. Percival said the Income Tax Rebate Program is just another tool in the tool box that will 

allow them to be more aggressive. Xenia has available, inexpensive land with infrastructure in 

place. When you look at those things, they will probably be looking at start-up businesses. If a 

major business relies on Wright-Patterson Air Force Base, they will still want to be located on 

I-675 at the front door to WPAFB because that is still the perception. Everybody at WPAFB will 

swear that is not true, but if you talk to the guys running the businesses, they will tell you they 

want to be right there. 

Mr. Brodsky said several weeks ago they met with several major development firms in the area. 

They were flabbergasted when one of the firms said they were told by a number of potential 

companies that they did not want to look a piece of land on I-675 in Fairborn because it was too 

far away from WPAFB. Mr. Lewis said his brother-in-law works for McDonnell Douglas and 

the company just moved from one side of I-675 to the other side to get closer to WPAFB. 

Vice President Mills said that did not make sense to her. Honda has a business in Marysville, a 

transmission company in Russells Point, KTH in St. Paris (a 30-minute drive from Marysville), 

and they have at least 11 or more affiliate shops all around the area. Mr. Brodsky said those are 

not aerospace companies. Mr. Lewis said those companies are also not doing government 

contracting. 

Mr. Percival said the rule used to be that you had to be able to be at WPAFB within 15 minutes. 

The folks at WPAFB will tell you that is no longer true, but individual companies still have that 

in their mind. Mr. Lewis said it may no longer be the rule, but it was still the practice. 

Mr. Brodsky said more than likely those large aerospace companies [that do work for WPAFB] 

will not come to Xenia even though land outside the City will cost ten times more. Xenia has a


value proposition which is why their target is the smaller start-up companies that need more land 

and space to grow, but cannot afford to spend $500,000 an acre. Some of the lots out there are 

going for $500,000 to 700,000 an acre. Good industrial land in Xenia is going for $25,000 to 

$40,000 an acre. Between the value proposition Xenia has and the lower cost of doing business, 

especially for those businesses that use a lot of water, those are the companies they have been 

able to attract. He suspects those are the companies they will continue to attract rather than the 

larger defense related companies. 

Councilman Louderback asked for an update on the Cornerstone Research Group; he thought 

they were a WPAFB supplier. Mr. Brodsky said CRG has some contracts with the Air Force 

Defense Department, but quite frankly, that is not their primary driver. He still suspects CRG 

will build in Xenia when the economy improves and financing becomes easier. CRG Industries 

leased some vacant space on Patton Street, and they do expect there will be some additional 

growth out there as well. Mr. Percival said another start-up company is joining CRG at the 

Industrial Park. 

Mr. Brodsky continued discussion on Where do we go from here? 

• Pursue grants for redevelopment of older industrial properties. As he mentioned earlier 

while discussing the H&A Redevelopment, they will be coming to Council within the next 

few weeks with another Clean Ohio Grant application. They are working with a company 

right now on a long‐term lease at that location. 

• BRAC Recruitment 

– Start‐ups and spin‐offs 

– Companies looking for value 

• Build on Buxton Study 

• JEDD or other partnership agreements 

Councilman Caupp asked if the owner of West Park Square was doing anything about the old 

Walmart building. Mr. Percival said there are two owners in West Park Square. The owner of 

the old Walmart building lives in California. Developers Diversified owns everything else past 

the old Walmart building over to the old Hollywood Video site. The owner of Walmart has the 

building listed with Colliers International but he has a lease rate of $4.50 per sq. ft. Most people 

who rent an empty box store do not want to pay that because they feel they can low-ball the 

empty box price because that will raise the lease price on all the other out lots. The problem is 

that the owner does not care if the lease prices go up on the other properties owned by 

Developers Diversified. It would be a lot easier for the City if all that property was owned by 

one company. Developers Diversified is actively pursuing leads. He has sent them several leads 

and they are using the Buxton Study as part of their recruitment efforts. 


Mr. Brodsky said the owner of the former Walmart owns retail space around the country, so 

hanging onto the old Walmart building will not hurt him financially. Mr. Percival said the 

gentleman is a multi-billionaire. Another individual he met with while at the ICSC conference has 

a good relationship with the gentleman that owns Walmart and has worked with him on several 

different deals. He is attempting to push him in a direction that would be helpful to the City. 

Councilman Smith asked what kind of commitment Xenia Community Schools has made to 

Xenia businesses. Although they cannot make it a rule, Mr. Brodsky said the school’s goal is


that 40% of the construction will go to local businesses. They met with contractors and 

suppliers, and there will be additional meetings this fall to explain the opportunities and process 

businesses must follow to submit bids. As much as possible, Xenia Community Schools would 

like to use local contractors, sub-contractors, and suppliers. Obviously, there are a lot of 

different things that go into the construction of new school buildings. Councilman Miller 

thought there was also a special training to explain to local companies how they can get certified 

to be a contractor. Mr. Brodsky said they had that training as well as additional meetings. 

With the new Income Tax Rebate Program, Vice President Mills asked what makes Xenia stand 

out above Fairborn, Beavercreek, and other communities that have similar incentive programs. 

Mr. Brodsky said they cannot compare Xenia to Beavercreek. In 2003, the City of Xenia 

celebrated its bicentennial, and in 2006 the City of Beavercreek celebrated its 25 th anniversary. 

There is no way to compare a 200-year old city with a 25-year old city. Vice President Mills 

said she doesn’t want to compare the cities, she wants to know how Xenia can stand out above 

the other cities. Mr. Brodsky said Xenia has more available land at a better value than 

surrounding communities. Xenia has available land at $40,000 an acre compared to other cities 

that are asking $500,000 an acre. He thought that value proposition was Xenia’s biggest selling 

point. Labor force and demographics are similar to other cities. Xenia does not have the 

proximity to WPAFB like Beavercreek, Fairborn, or Riverside. The Income Tax Rebate Program 

will make Xenia more competitive. Some of the developers they met with weeks ago asked to be 

informed immediately if Council decides to implement the Income Tax Rebate Program. 

Mr. Bazelak said they discussed businesses that have a fixed asset investment. Unfortunately, 

that is not necessarily the market today. Fairborn is looking at 9.9 mils, which will put them at a 

higher property tax rate than the City of Xenia. They know that Beavercreek has a significantly 

higher property tax rate, but they don’t know what they might be looking at in the near future in 

regard to a funding source. Even with the City asking for an Income Tax increase in November, 

the Income Tax Rebate Program will be an incentive to attract new businesses. Once the jobs 

come here, it is more likely the person [families] will want to live here if they are looking at 

overall costs. They would already be paying the income tax, but they would be paying less for 

property taxes in Xenia compared to other communities. Vice President Mills said they need to 

know those things in order to sell and promote Xenia. 

(President Felton arrived at 6:10 p.m.) 

Councilman Louderback asked how Beavercreek gets by with having no income tax. He 

understood Beavercreek’s property taxes are higher. He asked if The Greene and Fairfield 

Commons were paying taxes. Mr. Percival said yes. Their property tax revenue is huge. 

Mr. Bazelak noted their property tax rate is higher, but their assessed valuation is significantly 

higher as well. 

Mr. Brodsky said Beavercreek’s housing stock is different because the homes have a higher 

value. You can look at very similar looking subdivisions in Beavercreek and Xenia and the price 

could be $30,000 more in Beavercreek. Councilman Louderback said he understood that, but he 

did not know how Beavercreek can be sustained year after year without an income tax. 

Mr. Brodsky said he did not know.


Mr. Percival said the City of Beavercreek does not have a Fire Department; they have a township 

Fire Department. They have no infrastructure costs because they have no Water Department or 

water and sewer lines to maintain (owned and maintained by Greene County). They have a 

street levy dedicated solely to the streets. Beavercreek does have a Police Department. 

Mr. Brodsky thought the City of Beavercreek and Township supported the Police Department. 

Mr. Percival said that was no longer true; they have split. Councilman Miller said Fairborn also 

provides police protection to Beavercreek. Mr. Percival said that was incorrect; Fairborn used to 

provide fire protection, along with Beavercreek Township. 

Councilman Louderback said he heard rumors that Beavercreek will be asking for an income tax. 

Mr. Brodsky said that has been a rumor for a long time. Councilman Caupp said Beavercreek 

has a lot of WPAFB employees who will never vote for an income tax. 

Mr. Percival said that is the other thing. Can Beavercreek do the 1% and not have a referendum. 

Councilman Miller said the Beavercreek Charter states any income tax brought about will 

require Council approval, but it will not go into effect until the population votes for it. 

Therefore, it must be a referendum. Councilman Caupp said that was correct. Councilman 

Miller said he already talked to the Beavercreek Mayor. 

Mr. Percival said they would like Council to look over the information they proposed for a few 

weeks. The proposal will be brought back at a future Council meeting after everyone has a 

chance to thoroughly review it think it through. Is it a placebo and will it fix all the problems? 

He did not think so, but it is another tool to help the City become more competitive with 

surrounding communities. Xenia is not just competing with surrounding communities. For 

example, Clayton was competing with other communities in Ohio for the new Caterpillar parts 

distribution center. When it came down to the final three, it was between Ohio, Indiana, and 

Tennessee. The City of Xenia is not just competing with Fairborn, Beavercreek, and Centerville. 

They are competing with Indiana, Michigan, Illinois, Kentucky, and Tennessee. He thought 

Mr. Brodsky raised an important point earlier. It definitely behooves them to work with the 

employers in Xenia to help them grow, add employees, and become more successful because that 

is the best value added proposition for us. 

Councilman Louderback asked if Clayton offered a lucrative tax incentive to Caterpillar. 

Mr. Percival said yes; he believed it will take 15 years for the payback. You have to ask yourself 

how much those 500 jobs would mean to our community and our citizens. Jobs are important 

today because a lot of people are unemployed. You have to weigh that whole equation. 

Councilman Caupp thought Caterpillar needed a rail system. Mr. Percival said that was not the 

case. Mr. Brodsky said Caterpillar did not need a rail system, but they were specifically looking 

for a location on I-70 only. 

Mr. Brodsky noted the Payless Shoes Distribution Center’s site selection consultant paid a site 

visit to Xenia to look at the OVCH property. The issue was that the road did not go all the way 

over to U.S. 68. Councilman Louderback asked if the distribution center located in Vandalia. 

Mr. Percival said Payless Shoes built an 800,000 square foot distribution center in Brookville. 

Mr. Brodsky said people are looking at Xenia, but Montgomery County has a rail system to offer 

businesses that Xenia does not have. He asked one of the realtors if a company would rather 

have a $150,000 grant and have to spend $750,000 more for land costs. Even without the grant, 

Xenia’s land costs are lower.


Mayor Bayless asked if businesses ever let the city know they are in trouble. It seemed like 

Fulmer’s was just gone. Mr. Percival said businesses rarely do that. Less than six months ago 

they asked Fulmer’s if they were in trouble. Fulmer’s said they had some issues and that things 

were tight, but they thought they would be okay. Mr. Lewis asked if Fulmer’s was a chain. 

Mr. Percival thought the Fairborn Fulmer’s closed less than a year ago. Mr. Brodsky said there 

were three Fulmer’s in this area. Councilman Caupp said it would not surprise him if Fresh 

Encounters (Fulmer’s) pulls out of all their southern stores. They only stores left are in 

Hillsboro, Wilmington, and New Carlisle. Mr. Lewis thought demographically they could get 

another grocery store at the location. Mr. Brodsky said they are working on that. 

Mr. Percival said another tool they just got from Buxton was a way to pinpoint people’s buying 

habits to tell local retailers what products they should carry. These are all different tools, and 

they have to continue to work with every available tool they have. 

Councilman Louderback noted since Xenia is the county seat, the demographics are different. 

Mr. Brodsky agreed they have to work with what they have, but that is not necessarily a bad 

thing. 

Mr. Percival said many things go into the mix when businesses are looking at sites. He checked 

with RG Properties this week about the old Bob Evans site and asked what was going on. The 

representative said absolutely nothing because Bob Evans will not lower their price. For the old 

Bob Evans site to become a viable retail site, they have to tear down the existing building and 

erect a new building. For them to be able to do that, they cannot pay $850,000 for that piece of 

ground. Councilman Caupp suggested they create an empty box tax for Bob Evans because then 

they will sell. 

Mr. Lewis wondered if it would do any good to approach Bob Evans as a community. 

Mr. Percival said he would be happy to do that. Councilman Louderback suggested using 

eminent domain. Mr. Percival said eminent domain is not allowed for active development due to 

a recent Supreme Court case decision. 

Mayor Bayless confirmed Mr. Percival would talk to someone from Bob Evans. Mr. Percival 

said yes. 

New Xenia Community Video. Mr. Brodsky then showed a preview of the new community 

video for Council’s perusal. The video is not the absolute finished product, because they want to 

get some higher resolution graphics to make the video look a little better. If Council would like 

changes to be made, there is still an opportunity to do that. 

Mr. Brodsky noted no narrators were used in the video, which was done on purpose because they 

did not want to have a talking head. They wanted people in the community to tell the story of 

our community. Xenia people are telling the story and not a narrator who may not even know 

where Xenia is located. President Felton asked if all the people in the video live in Xenia. 

Mr. Brodsky said he could not say they all live in Xenia, but they at least work here. President 

Felton said she understood that. 

Mr. Brodsky said they would like to highlight the graphic of the Transportation Triangle so the 

interstates stand out.


Mr. Lewis thought the video was great. He suggested taking a better picture of the highway. 

There were a lot of weeds in the shot used of the U.S. 35 Bypass. He also suggested showing a 

small commercial carrier taking off or landing at the Lewis A. Jackson Regional Airport rather 

than the private two-seater plane shown. They are expanding that runway so small commercial 

carriers can land there. Mr. Brodsky said the videographer spent the entire day at the airport to 

get the shot he took. Councilman Caupp said they would just need to call the airport to get the 

flight schedule. Mr. Lewis said the airport workers would bring a commercial carrier on the 

runway for them. People need to know it is more than a private airport, and they are trying to 

change the airport using the federal money they now have. Councilman Caupp agreed; the video 

only showed recreational planes taking off. 

Mr. Lewis also suggested changing Chief Person’s comment about the “serious” crime rate to 

“very low” crime rate. He thought Xenia has a very low crime rate compared to other cities and 

thought the word “serious” might give the wrong impression. No one is being killed here nor are 

cars getting broken into every other night. Other than those few things, he thought the video was 

great. 

President Felton said she would call Mr. Brodsky with her comments. Councilman Miller said 

he liked the video. 

Mr. Brodsky noted Xenia resident Andre Devon shot the video. Vice President Mills thought not 

having a narrator helped keep your interest. Mr. Lewis agreed. 

Mr. Percival asked Council to review information on the Income Tax Rebate Program and to 

give them feedback within the next few weeks. If people have other ideas on how to entice 

businesses to Xenia, please share them. 









7:00 p.m. 

The Xenia City Council met in a Regular Session on July 8, 2010, at 7:00 p.m., in the City 



INVOCATION: John Longland, Xenia Christian Men’s Fellowship, gave the invocation after 



Caupp, to approve the June 22, 2010, Special/Executive Session minutes as written. No 


Ayes: Caupp, Louderback, Smith, and Bayless 

Abstain: Mills, Miller, and Felton 


Motion by Councilman Caupp, seconded by Councilman Miller, to approve the June 24, 2010, 

Regular Session minutes as written. No discussion followed. The Roll on this was the 

following: 




SPECIAL PRESENTATION: 

Proclamations for Buckeye Boys and Girls State attendees. Mayor Bayless congratulated the 

Buckeye Boys and Girls State attendees. Whenever youth are with us, it is a joy for her. She was very 

happy to see so many former McKinley Elementary School students as a part of Buckeye Boys and Girls 

State. She congratulated all the attendees and parents. Certainly this would not be possible without the 

support parents, grandparents, and other relatives who are here. 

Mayor Bayless said Buckeye Girls and Boys State Program was held at Ashland University from June 13 

through June 19, 2010. There were 925 young women and 1,235 young men from across the State of 

Ohio in attendance, which is the largest Girls and Boys State Programs in the country. While attending 

they learned, created and ran their city, county, and state government. 

Mayor Bayless proclaimed July 8, 2010, as “Buckeye Girls and Boys State Representatives Day” in 

acknowledgement of being chosen for this great honor. We are full of pride to have you as citizens of our 

community and are pleased that you had the opportunity to be educated in the duties, privileges, rights, 

and responsibilities of good citizenship. Congratulations! (Applause followed.) 

She then asked the 2010 Buckeye Girls State Representatives to step forward. Those who stepped 

forward to receive a copy of the Proclamation were Emma Chadd, House Message Clerk; Nateka Faison, 

School Board Member; and Jennifer George, City Police Officer. She asked the 2010 Buckeye Boys


State Representatives to step forward. Those who stepped forward to receive a copy of the Proclamation 

were Bryan Brewer, Supt. of Schools; Aaron M. Devond, City Councilman; Micah L. Dillon, City 

Auditor; Andrew K. Francis, Sheriff Deputy; Andrew Johnson, County Recorder; Patrick Miller, 

Assistant Adjutant General; Terrance N. Moore, Asst. Auditor of the State; Raymond R. Rucker, School 

Board Treasurer; and John Vanover, Asst. Dept. of Youth Services. 

A representative from Buckeye Boys State announced that they would like to make Mayor Bayless an 

honorary member of Buckeye Boys State. Mayor Bayless thanked them for the honor. (Pictures and 

applause followed.) 


2011 Tax Budget. President Felton opened the public hearing and asked for the staff report. 

Mr. Percival said the annual Tax Budget is a critical budget planning document designed not 

only to meet statutory requirements but also to provide a blueprint for the forthcoming fiscal year 

budget. Tax budgets are prepared by all property taxing jurisdictions and submitted to the 

Greene County Budget Commission prior to July 20 th of each year for the following purposes: 

1. To allocate the State Local Government Fund; 

2. To establish rates for inside millage; 

3. To certify the needs for tax levies; and 

4. To get outside bond retirement rates. 

The Tax Budget provides the County Auditor a prospective budget with projected revenues and 

estimated expenditures for the upcoming fiscal year. It is as an extension of our current 

operating budget revised for the new year with adjustments for inflationary items and reflects 

necessary changes in operational costs. In 2010, the City’s budgeted revenue from the Local 

Government Fund was $1,176,000, which represents about 9.76% of the City’s total General 

Fund. That is a very important thing to remember. As the State continues to try to balance their 

budget, it will be imperative that we continue to watch the Local Government Fund because 

there is quite a bit of talk, especially at the State level, that the Local Government Fund will go 

away in the near future. As noted, the City of Xenia gets over $1 million of those monies. 

The total budget request presented to City Council for the 2011 Tax Budget is $38,915,590. This 

total constitutes expenditures that provide for a continuation of the service and staffing levels as 

reduced during fiscal years 2009 and 2010. Again, it is a statutory requirement that they have to 

submit the tax budget to the County Auditor prior to July 20 th of each year. At the next Council 

meeting, they will be requesting that Council begin to establish dates in August to sit down to go 

through the budget to understand where they are and what changes will need to be made to 

continue to be fiscally responsible. He requested that Council look at their schedules so they can 

schedule a special session to begin reviewing the overall budget. 

Following the public hearing, Mr. Percival respectfully requested that Council make a motion to 

approve the 2011 Tax Budget for submittal to the Greene County Budget Commission. 

President Felton invited those in favor of the 2011 Tax Budget to step forward to speak. No one 

came forward to speak. President Felton invited those opposed to the 2011 Tax Budget to come 

forward to speak. No one came forward to speak. President Felton invited those either for or 

against the 2011 Tax Budget to come forward to speak. No one came forward to speak.


President Felton closed the public hearing at 7:15 p.m. and entertained a motion. 

Motion by Councilman Louderback, seconded by Vice President Mills, to approve the 2011 Tax 

Budget for submittal to the Greene County Budget Commission. Discussion followed. 

President Felton asked how much they expect the Local Government Fund to be reduced this 

year; it has been reduced every year. Mr. Percival said they estimated the Local Government 

Fund will stay static for 2011, but they also did that last year. Currently they are working at 15% 

below the 2008 levels. As the State continues to try to plug the holes in their biennial budget, the 

next big estimated change will be June 30, 2011. 

Councilman Miller noted a friend of his that works at a health department had a 38% reduction 

in state funding in his department’s budget, which is true statewide for health department 

budgets. That is a large portion to cut from any department’s budget. He did not think it would 

be any better for our city’s budget. 






Logan Matthews said he is a representative of the local 698 Firefighters P.A.C. He has with him 

Claude Lyons, Chairman of the “Get Alarmed Citizens of Xenia” Committee. He thanked 

Council for their support for the firefighters and police officers during these hard times. He 

especially wanted to thank Councilman Smith and Mayor Bayless for attending the Public Safety 

Day on May 1, 2010. The event was a great success for the community and everyone had a good 

time. He also thanked Vice President Mills for all her support and for everything she does for 

the Police and Fire Departments. 

Mr. Matthews said there has been some misunderstanding about the firefighters’ political action 

committee (PAC) that was developed a number of years ago. Firefighters decide what political 

actions they want to take, but the PAC also involves citizens in the community and police 

officers. Many police officers and citizens within the community have stepped up to support the 

firefighters in their community. They have all taken hits across the board and are trying to 

secure the safety of the citizens of Xenia. The “Get Alarmed Citizens of Xenia” Committee has 

introduced language to the City Manager’s Office tonight for a City Charter amendment. They 

are asking for the citizens to have a chance to vote on the manning levels and the safety they 

want for themselves. It is nothing out in left field, but something that is very safe for firefighters 

and police officers that are out there risking their lives every day and it secures the safety of the 

citizens of Xenia. Unfortunately, with the staffing levels they currently have, as a firefighter he 

does not feel safe, and he does not feel our citizens are safe. He shared copies of the Charter 

amendment with Council. President Felton said Council would not read the amendment tonight. 

She does not read anything she is given at a meeting until she gets home. Mr. Matthews said he 

would love for Council to adopt the language and put it on the November ballot so citizens can 

vote on it, but he understood that might not happen. The “Get Alarmed Citizens of Xenia”


Committee has stepped up and will move forward with getting signatures to get the amendment 

on the November ballot. 

Claude Lyons, 1665 Navajo Drive, Xenia, said when the firefighters and police officers asked 

him for help, he agreed. He has lived in Xenia in the same home for 45 years and worked for the 

City for almost 32 years until he retired in 1995. The safety of citizens and the Police and Fire 

Departments have always been his concern. He worked when there was one person in and one 

person out, which is not a good deal and today’s environment is ten times worse than back then. 

He felt anything citizens can do to make the city safer for the citizens as well as the police and 

fire services is what they should try to do. 

President Felton said Council will take the request under advisement. She then invited Doug 

Doherty to speak. 

Xenia Police Captain Doug Doherty said he did not have prepared comments but would like to 

thank Council for the continued support they have shown over the years. As a representative for 

the Police Captain’s Union, they support the language [in the amendment] and hope Council 

supports it as well. 

President Felton said although she does not normally respond to audience comments, she took 

exception to the comments. She appreciates the three Council members who support the Fire 

Department, but they should remember the rest of the Council members that got them the 

equipment that they are driving, new police cars, etc. Council has always supported both 

departments and she did not think there was one Council member who does not. They 

understand the safety issue – that is not the point. It comes down to money. 

Mr. Percival said when Council considered the ordinance to put the levy request on the ballot, 

Council and he stated that if the levy passed in November, the first priority is to reinstate the six 

police officer positions and six firefighter positions and to reopen Fire Station 2. He has said that 

for the record before and will go on record again that City Council and the Appointed Officials 

have the same priorities. The day after the levy is approved, those employees will be back on the 

street and Fire Station 2 will be reopened. He took somewhat of an exception that there seems to 

be an appearance of a thought process that the City’s administration and City Council are 

ignoring someone’s needs because that is not the case. 

Councilman Louderback said he wanted the public to know that even though the May levy 

failed, the firefighters got a pay increase. He also took exception to some of the comments. 

From the latest figures he has, 31 of the 35 firefighters live outside the City of Xenia, so 31 of 

the 35 firefighters could not even vote on the levy. He did not understand why they do not have 

more people dedicated to the City of Xenia and living in the City of Xenia. Employees are living 

in Washington Courthouse and all over. What if we had a major disaster – where will those 

employees be? Their union brothers got laid off, but those that remained got an increase, and he 

thought the public needed to know that. 


Traffic Commission: Councilman Smith said the Traffic Commission met on Tuesday, 

July 6 th . Under New Business there was a request for a speed bump and a “Deaf Child at Play”


sign at 1160 Rockwell Drive. After some discussion, Commissioners decided the speed bump 

was not considered a good idea; they are notorious for inhibiting access for emergency 

responders and cause problems during snow plowing operations. A “Deaf Child Area” sign was 

approved by a vote of 3-1 by the Traffic Commission. The only other item that evening was a 

preliminary sketch of some possible development around the Progress Drive area as it relates to 

access management. He invited the public to attend the next XTC meeting on Monday, 

August 2 nd at 7 p.m. 

Councilman Miller said a gentleman approached him in front of Xenia Shoe and Leather and 

brought to his attention that even though it is on private property, one of the two stop signs was 

mysteriously displaced at the thoroughfare between Lowe’s and Walmart behind PNC Bank. 

The pole is still there, but the stop sign is gone. He brought the citizen’s concern to the attention 

of the City Engineer, who sent Walmart a letter requesting that they look into it and do 

something about it. Since the stop sign is on private property, he was not sure if the City could 

do anything about getting the stop sign replaced. Mr. Percival said staff would contact the 

Walmart manager. 

Mayor Bayless said she was concerned about the speed bumps at Shawnee Park. Several people 

walk around the park and drivers do not respect that area. Since half the speed bump is missing, 

drivers go in the other lane to avoid going over the bump and continue to drive too fast. She 

would like the speed bump replaced in order to force drivers to slow down. People don’t respect 

our ducks. Councilman Miller said to call him if there are no speed bumps in stock at the City 

Garage. 

Councilman Louderback said he did not hear Councilman Smith’s comments because the police 

and firefighters were leaving the Council Chambers. A citizen at 1160 Rockwell Drive 

requested a speed trailer be placed in that area. Mr. Percival said he spoke to the Chief of Police 

who stated a speed trailer would be placed out there. Councilman Smith said that was the 

resident who requested the speed bump and “Deaf Child Area” sign. 

President Felton asked Councilman Smith if XTC’s motion to approve the “Deaf Child Area” 

sign included a stipulation about contacting the City Manager yearly to let them know if/when 

they move, which was a stipulation of the sign on Sheelin Road. Councilman Smith said the 

XTC will draft a form for following up every six months to a year. President Felton asked if that 

was part of the motion. Councilman Smith said he did not believe so. President Felton said she 

would need to check with Mr. Lewis, but she wanted to ensure that stipulation is included so the 

sign can be removed if the resident moves because it would become obsolete. 

Greene County Regional Planning Commission: Councilman Caupp said there was no 

meeting which he was sure was due to the busy holiday schedule. 

Board of Zoning Appeals. Mayor Bayless said BZA met on June 28 th and denied a 

variance for an accessory structure at 1048 Hamlet Drive. 

ITEMS FROM CITY COUNCIL AND MAYOR: President Felton asked Mr. Percival to tell 

the citizens what he is doing about the closing of the Fulmer’s grocery store. Mr. Percival said 

they have had a lot of inquiries and they are very concerned about the closing of Fulmer’s. They 

have the same concerns that many of our elderly residents have, especially those residents living


at Xenia Towers, John Sale Manor, and those living close to downtown who walk to local stores. 

They requested a meeting with the Greene CATS Director to hopefully establish some direct 

routes from the downtown area to other grocery stores in town. They also contacted different 

vendors to hopefully fill the space that Fulmer’s is vacating. Fulmer’s is going to vacate 

approximately 28,500 square feet, but it is their understanding that they will leave the racks and 

coolers in place. He contacted other local grocery stores to see if they are interested in having 

delivery service once a week for a small fee. Hopefully, they can get someone else to fill that 

space quickly to make sure our disabled and elderly population in those two high rises get the 

services they need. 




Introduction of a Resolution authorizing the City Manager to obtain financial 

assistance from the Ohio Public Works Commission (Issue II) for constructing roadway, 

water main, and storm/sanitary sewer improvements on Spring Street. Mr. Percival said in 

June 2010, City crews replaced a portion of the collapsed sanitary sewer main on Spring Street 

that is served by a 2” water main and runs under some houses. If awarded Issue II funds through 

the OPWC, staff intends to replace the existing and undersized water main, the crumbling/nonexistent 

curbing, and the deteriorated street, in addition to the re-routed sanitary sewer. The 

deadline for application is July 31, 2010. 

Mr. Percival respectfully requested that Council introduce a Resolution authorizing him to act on 

the City's behalf in obtaining an Issue II grant for that project. 


Councilman Louderback introduced a RESOLUTION AUTHORIZING THE CITY MANAGER 

TO EXECUTE AND FILE WITH THE DISTRICT 11 PUBLIC WORKS INTEGRATING 

COMMITTEE AN APPLICATION ON BEHALF OF THE CITY OF XENIA FOR AID IN 

PARTLY FINANCING THE COST OF CAPITAL IMPROVEMENT PROJECTS PURSUANT 

TO THE PROGRAMS ADMINISTERED BY THE OHIO PUBLIC WORKS COMMISSION; 

TO EXECUTE CONTRACT AGREEMENTS WITH THE STATE OF OHIO; AUTHORIZING 

THE CITY MANAGER TO PERFORM ALL ACTS AND EXECUTE ALL DOCUMENTS HE 

CONSIDERS NECESSARY TO FULFILL THE CITY OF XENIA’S OBLIGATIONS UNDER 

SAID GRANT APPLICATION AND CORRESPONDING AGREEMENTS; TO COMPLY 

WITH ALL RELEVANT LOCAL, STATE, OR FEDERAL LEGAL REQUIREMENTS; AND 

TO PROVIDE ASSURANCES AND ADDITIONAL INFORMATION AS REQUIRED BY 

THE OHIO PUBLIC WORKS COMMISSION, and it was read for the first time. 


Finance Director’s Office:


Schedule of Bills: Mr. Bazelak presented payment of bills totaling $235,188.82 1 . 







Introduction of Ordinances and Resolutions: Introduction of an ordinance 

amending Sections 1294.10 Temporary Uses and Structures and 1294.15 Accessory 

Structures of Chapter 1294: Supplementary Regulations of the Planning and Zoning Code. 

Mr. Lewis noted on May 13, 2010, City Planner Nimfa Simpson presented an ordinance 

amending Chapter 1294. Vice President Jeanne Mills wanted to make changes to the proposed 

ordinance and discussed those changes with Ms. Simpson after the meeting. On May 27, 2010, 

City Council passed Ordinance No. 10-16 upon its second reading without anyone making a 

motion as to the changes Vice President Mills desired. He noted Vice President Mills was not 

present at the meeting. 

Mr. Lewis said he incorporated Vice President Mills’ proposed language into the amended 

ordinance for Council’s consideration, which involve changes to Section 1294.10 Temporary 

Uses and Structures and 1294.15 Accessory Structures. 

Section 1294.10(c) Temporary Classrooms changes the length of time for a permit for a 

temporary classroom from one to two calendar years and allows permits to be renewable 

in two-year increments. It also permits decorative stones and skirting. 

Section 1294.15(h) Swimming Pools adds “Permanent in-ground or above-ground” 

swimming pools to the set-back from rear and side lot lines. 

Mr. Lewis respectfully requested that Council introduce an ordinance amending Sections 

1294.10 Temporary Uses and Structures and 1294.15 Accessory Structures of Chapter 1294 – 

Supplementary Regulations of the Planning and Zoning Code. 


Councilman Louderback asked for the definition of above ground pools. Mr. Lewis said the 

ordinance deals with permanent in-ground and above-ground swimming pools. Vice President 

Mills said she asked Ms. Simpson how a resident would know when they were required to have a 

five foot high fence. Ms. Simpson told her a five foot high fence would be required for any pool 

that needed a building inspection, which would be an in-ground pool or a permanent aboveground 

pool like a pool supplier would sell and install, but would not be required for wading 

pools. Mr. Lewis said the ordinance would not apply to the inflatables pools that are currently 

popular. Councilman Louderback said he drove around town over the weekend, and there are 

1 This amount is a corrected amount, which is different from the amount advertised on the agenda and noted during 

the meeting ($235,220.82).


some pretty big inflatable pools located in residents’ backyards with fencing. He clarified the 

ordinance did not apply to those pools. Mr. Lewis said the definition in Section 1294.15(h) 

would not encompass that because they do not require a building inspection. Vice President 

Mills said that is why she originally asked for clarification. 

Councilman Miller noted the ordinance states a five foot high fence is required for permanent inground 

or above-ground swimming pools. Homeowners on a corner lot may have to get a 

variance to the City’s ordinance, which he has had to do before. The ordinance states 

“Swimming pools shall be set back ten feet from the rear and side lot lines and enclosed with a 

fence a minimum of five feet high.” Five feet high fences are not allowed in front yards, which 

would be necessary to block people from going into your side yard, so a variance would be 

necessary. Mr. Lewis said they are not choosing the location of the pool. Councilman Miller 

said he understood that, but it was the same thing he had to go through to build his garage. 

Because he lives in the Downtown Urban Overlay District, he had to build a bigger and taller 

garage than allowed by the ordinance which meant he had to get a zoning variance to do so, but 

he had to do that to abide by the rules of the area in which he lives. If residents are required to 

erect a 5’ tall fence around their pool and they are on a corner lot, which is considered as having 

two frontages and front yards, they would not be abiding by the ordinance because only 4’ high 

fences are allowed in front yards. 

Vice President Mills said that has already been established. The 5’ fence is not anything they are 

changing. The only thing she wanted changed was to clarify the definition of a pool. 

Councilman Miller said he understood that, but he was trying to say that someone will get in 

trouble because one of our City employees will be driving around and notice the front yard fence 

is 5’ high. 

Mr. Percival said the property owner would have to get a permit before they install a pool. 

Councilman Miller said since only 4’ fences are allowed in front yards, the property owner will 

have to get a variance from the Board of Zoning Appeals to erect a 5’ fence. Mr. Percival said 

Council could give staff the authority to administratively grant the variance for a swimming 

pool. Mr. Lewis said they are not telling people where to locate their pool. If they decide to 

locate their pool close enough to the front of their house, then they should have to get a variance, 

which is why the ordinance is there. Councilman Miller said he was just saying there are 

conflicting ordinances that cause problems. 

President Felton said she did not have a problem with the time limit of two calendar years for 

school trailers, but she had a problem with two-year renewable increments because that leaves it 

open ended. She thought there should be a time limit. Vice President Mills said she was told by 

Ms. Simpson that when they apply for a permit every two years, the permit can be denied. 

President Felton said that is not stated in the ordinance and she would like it included. 

Mr. Lewis said the ordinance can be amended to state the permit holder shall must reapply for an 

additional two year permit, so the permit can be denied if appropriate. Council agreed. 

Councilman Caupp agreed with President Felton. He did not see where temporary structures 

were addressed for churches or businesses. In the City, they have construction sites, temporary 

sales trailers for new subdivisions, and classrooms. He asked where a church or business was 

addressed. Vice President Mills said when she asked Ms. Simpson she used two examples:


St. Brigid Church has a temporary classroom at their school. AHOP also has a structure that is 

considered a classroom because it is a Sunday school classroom. Councilman Miller said they 

fall under the schools. Mr. Percival said the temporary structure does not fall under the schools; 

they fall under the classrooms. Councilman Miller agreed. Vice President Mills said that is what 

she was told, but if they need to make changes, they can. 

President Felton asked if Councilman Caupp was talking about business construction or 

development construction. Councilman Caupp said he just wanted churches and businesses 

together. President Felton asked if Councilman Caupp was okay with temporary structures at 

churches falling under classrooms. Councilman Caupp said he was going to vote “nay” so it did 

not matter. 

Mr. Lewis reminded Council that everything in the ordinance has already been approved. The 

only things Council has not approved are the two changes. Councilman Caupp said he liked the 

ordinance the way it was originally approved. 

Vice President Mills introduced an ORDINANCE AMENDING SECTIONS 1294.10 

TEMPORARY USES AND STRUCTURES AND 1294.15 ACCESSORY STRUCTURES OF 

CHAPTER 1294: SUPPLEMENTARY REGULATIONS OF TITLE SIX: ZONING OF THE 

CODIFIED ORDINANCES OF THE CITY OF XENIA, and it was read for the first time. 


ORDINANCE REZONING 380 FAIRGROUND ROAD THAT HAS A GREENE COUNTY 

PARCEL IDENTIFICATION NUMBER OF M40000100420000100 FROM R-1A ONE- 

FAMILY RESIDENTIAL DISTRICT TO A-1 AGRICULTURAL DISTRICT, and it was read 

for the second time. 


10-28 be now passed. Discussion followed. Vice President Mills said since she was unable to 

attend the last meeting, she asked if the property on Fairground Road was located just past 

St. Brigid Church. Mr. Percival said yes. The buyers would like to raise horses on the property. 

Vice President Mills asked if the entire area would be rezoned or just the one parcel. Mr. Percival 

said only the 5-acre property would be rezoned. The Roll on this was the following: 



Items for the Law Director: President Felton noted when Mr. Lewis left the meeting 

for a few minutes, Council discussed another “Deaf Child Area” sign that the Traffic 

Commission approved for Rockwell Drive. The XTC’s motion did not include a stipulation 

about contacting the City Manager yearly to let him know if/when they move, which was a 

stipulation when Council approved a similar sign on Sheelin Road. She asked if the XTC can 

amend the motion to ensure the stipulation was included to ensure the sign is removed when no 

longer needed. Mr. Lewis asked if the sign had been installed. Councilman Smith said no. 

Mr. Lewis recommended that the XTC notify the family about the stipulation. If it is a problem, 

let him know, but he did not think the family would have a problem with it. President Felton 

said they just need to follow through to make sure the “Deaf Child Area” signs are removed 

when no longer needed.


READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller wished 

everyone a happy and safe July and August and reminded them he will be unavailable from 

July 15 through July 26. 

Mayor Bayless thanked everyone who attended “Music in the Park” on July 4th. It was very 

entertaining and a wonderful, cool evening. She heard that a father and his sons are picking up 

trash in neighborhoods, which she thought was an excellent way to show our youth how to take 

care of properties and neighborhoods. When she confirms the names, she will share them. 

Councilman Caupp said the name was on the City’s Facebook page. She noted she got a call 

from someone in Wilberforce who would really like pizza delivery to their residence. 

Vice President Mills thanked everyone who has taken an interest in our City. The “Bloom with 

Xenia - Adopt-a-Spot" program has made a huge difference in our downtown and outlying areas. 

If anyone is interested in adopting a spot, please contact her at 673-8347 or Carol Atzbach at 

374-1202. BRACA is launching Phase II of the Street Pole Banner Sponsorship Program to 

complete the downtown corridor—their goal is an additional 10 sponsors. If anyone is interested 

in sponsoring a banner, please contact City Clerk Michelle Johnson or the City Manager’s 

secretary Connie Mann. She reminded residents that year round school begins July 28 th , so 

please watch out for buses and children. 

Councilman Caupp said unfortunately there have been auto break-ins in Xenia recently. He 

suggested that citizens of Xenia not keep their GPSs on their windshield and keep things in their 

cars out of sight. The good news is that the Xenia Police Division did good work by quickly 

apprehending three suspects in those break-ins. He thanked Xenia resident, Brian Sparks, who 

took it upon himself to remove the weeds around the Xenia Armory by Shawnee Park. He took a 

bike ride with his kids to Xenia Station on Monday. Unfortunately upon checking out the 

restrooms that holiday weekend, he found them to be in poor condition to say the least. Many 

people from outside our City go through Xenia Station, and we only get one opportunity to make 

a good first impression. He felt staff needed to address some of the needs at Xenia Station. He 

thanked city staff for addressing the Municipal parking lot between W. Main and Second Street. 

They did remove the weeds and it looks much better. President Felton asked Councilman Caupp 

if he cleaned Xenia Station. Councilman Caupp said he picked up some of the paper but did not 

address the backed up toilet. 

Councilman Louderback asked if the City still has Neighborhood Watch groups. If not, he 

would like someone to look into that. Mr. Percival said he did not know if there were still any 

active groups, but offered to check. Councilman Louderback said over the last week his fatherin-law 

had to be transported by the squad twice. He has the utmost respect for our 

firefighters/EMS and emergency staff in Xenia. Sometimes we disagree, but the police and fire 

personnel in Xenia are the best in this State. Greene CATS is finally adding a new route to 

Walter Sellers Apartments. 

President Felton asked Mr. Percival if Council needed to meet in executive session tonight. 

Mr. Percival said no. President Felton asked when Council needed to meet again. Mr. Percival 

said he would contact everybody Monday about scheduling a meeting next week. President 

Felton said Council needed to schedule a work session to review the charter amendment


presented tonight. Next week, Council will first meet in executive session followed by a special 

session. 

Vice President Mills noted Councilman Caupp mentioned Brian Sparks. She also saw on the 

City’s Facebook where Mr. Sparks asked if he could address some of those weed issues. Since 

they don’t want citizens taking care of things, she asked who they should contact. Mr. Percival 

thought Mr. Sparks removed the weeds at the Xenia Armory, which is not City property, but 

anyone can call his office. Vice President Mills said if citizens want to step up and be proactive, 

just let City Hall know that they want to do that; the City appreciates any help we can get. 

President Felton said that is all they need – more phone calls. Citizens can just go and do it. 

Councilman Caupp agreed. 

Councilman Smith said he attended First Fridays last weekend and was pleased to see so many 

people downtown. It was quite a fun event. 



following: 











5:00 p.m. 

The Xenia City Council met in a Special Session on July 14, 2010, at 5:00 p.m. in the City 


Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Jeanne Mills. 

Patricia L. Felton was absent. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to go into an Executive 


following: 

Ayes: Caupp, Louderback, Miller, Smith, Bayless, and Mills 




The City Council reconvened in Special Session with the same members present. 

Vice President Mills entertained an introduction of a Resolution authorizing the Greene County 

Board of Elections to place on the November 2, 2010, ballot a question to increase the City’s 

income tax rate by one-half of one percent. 

Councilman Caupp introduced a RESOLUTION REQUESTING AND AUTHORIZING THE 

GREENE COUNTY BOARD OF ELECTIONS TO PLACE UPON THE CITY OF XENIA 

BALLOT AT THE GENERAL ELECTION ON NOVEMBER 2, 2010, THE QUESTION OF 

WHETHER ORDINANCE 10-27 INCREASING THE CITY OF XENIA INCOME TAX RATE 

BY ONE-HALF OF ONE PERCENT SHALL BE APPROVED IN ACCORDANCE WITH 

SECTION 718.01 OF THE OHIO REVISED CODE, and it was read for the first time. 

Motion by Councilman Smith, seconded by Councilman Miller, to adjourn the meeting at 

6:20 p.m. No discussion followed. The Roll on this was the following: 










7:00 p.m. 

The Xenia City Council met in a Regular Session on July 22, 2010, at 7:00 p.m., in the City 



INVOCATION: Sara Neer, Emmanuel Baptist Church, gave the invocation, after which all 



Mills, to approve the June 30, 2010, Special Session minutes as written. No discussion followed. 




Motion by Vice President Mills, seconded by Councilman Smith, to approve the July 8, 2010, 

Special and Regular Session minutes as written. No discussion followed. The Roll on this was 




SPECIAL PRESENTATION: November Levy. Mr. Percival noted Council introduced a 

Resolution to put a levy on the November ballot. Many questions have arisen as to what the levy 

is for and the reasoning behind what they put on the ballot. In response, they have a created a 

PowerPoint presentation entitled “Levy and Manning Implications” that outlines the 

assumptions for the levy and different options they looked at for the levy. 

Key Assumptions they considered in the decision making process: 

• Revenue growth remains below historical levels. 

• Expenditure growth returns to historical levels. Historically, the City’s expenditures 

grew by 2.8% through 2008 due in part to cuts made over the past few years, but 

less was spent in 2009 and 2010. 

• No major loss of revenue streams like the local government fund, although some 

revenue streams may be reduced 

• No major gain in revenue due to a return to full employment. Mr. Percival said in the 

near future they don’t see employment levels going back to where they were in 2007, but 

felt they would have slow, sustained growth of employees. After 400 Xenia residents 

who worked at General Motors and 600 residents who worked at DHL lost their jobs, 

they can’t replace 1,000 jobs overnight.


Mr. Bazelak said when Council considered putting the levy request on the November ballot, they 

stated if the levy passed the first priority is to reinstate the six police officer positions, six 

firefighter positions, and reopen Fire Station 2. They will also improve the streets and fund 

capital improvements. 

1 

3 

4 

5 

6 

7 

2 

As shown in the above chart (assuming the .5 income tax passes, Mr. Bazelak explained that the 

projected 2011 beginning Key Operating/Capital Funds balance is approximately $3.4 million 

(see 1 above). They are projecting there will be approximately $3 million (see 2 above) in the City’s 

Key Operating Funds at the end of this year, which at this point is still above the City’s reserve 

requirement. However, even with the return of the 12 public safety positions, they project a cash 

flow deficit from operations in the amount of $388,360 (see 3 above). That means they would 

anticipate spending $388,360 more than they receive in revenue. They also have debt service 

costs of $389,253 (see 4 above) for existing equipment already purchased and project $142,832 

(see 5 above) in capital revenue. If the income tax levy is approved, they project it will generate 

approximately $2.5 million. They plan to utilize $500,000 (see 6 above) of those (new) monies for 

street improvements, which leaves an available balance of $1,365,219 (see 7 above) for other 

capital improvements, which would need to be available to purchase all types of capital 

improvements, such as police vehicles, fire vehicles like ambulances and pumpers, parks, and 

expenditures for facilities maintenance. Even if the levy passes, the revenue number is not a 

great deal when you look at the City’s overall budget. The amount available for capital needs 

continues to decline in 2012, 2013, 2014, and 2015 (see 7 above). They hope employment 

increases at some point down the road, which in the out years would result in an increase in 

funds available for capital improvements. 

Mr. Percival noted the chart shows $1.3 million available for capital improvements. Council and 

the Appointed Officials agree the main capital improvement project is repairing the retaining 

wall at Shawnee Park. At some point if nothing is done, the pavilion will fall into the lagoon. It 

will take approximately $800,000 to repair the retaining wall and pavilion, which would mean 

they would only have $500,000 for fire trucks, police cruisers, and other rolling stock during that 

particular year when that repair is made.


Mr. Bazelak said the above figures are projected if the November levy fails and the staffing 

levels remain as they are today (12 laid off public safety workers are NOT brought back). There 

will be no funding for Street Improvements and very little for capital improvements. In 2011, 

the projected cash flow projection is still positive, but in 2012 and beyond it is a deficit that 

continues to increase each year. The ending balance in 2011 would still meet the cash reserve 

requirement, but in 2012 and beyond, it would continue to dwindle and be in the negative by 

2015. Mr. Percival reiterated the above scenario does not include any street improvements or 

any capital improvements, which is not sustainable.


Mr. Bazelak said the next scenario deals with the minimum manning issue (see chart on page 3). 

If the minimum manning issue is a separate ballot issue from the income tax levy, there is a 

possibility that the levy will fail and the Charter amendment will pass. If that happens, the 

financial implications are shown above. Under the proposed minimum manning level, the City 

would be required to bring back the 12 that were laid off as well as hire three additional 

firefighters ( 3 additional firefighters would cost $219,686), which would leave no money for 

street or capital improvements in 2011 and beyond. Further, the financial projections show the 

City’s ending cash reserve balance dwindling; by 2013, the reserve balance would be gone. 

Needless to say, this is a very concerning situation. 

For the citizens who did not see the last Council meeting, Councilman Caupp asked Mr. Percival 

to explain the proposed minimum manning safety issue. Mr. Percival said the minimum 

manning proposal would require that they rehire the six firefighters and six police officers that 

were laid off and hiring an additional three firefighters at a cost of $219,686 in the first year, but 

the proposal showed no revenue funding source to support it. Without a funding source, it makes 

it very difficult. 

Mr. Bazelak said if both the November levy and Charter amendment requiring minimum 

manning pass, that could potentially create its own set of problems short term and certainly in the 

long term. In 1991, an income tax increase was approved, which could be construed has having 

a funding source. That funding source allowed the City to hire 12 additional firefighters and 7 

police officers, but we enjoyed good economic times in the 1990’s. In 2003, they had to lay off 

15 personnel, of which part were firefighters and police officers. If the City had a minimum 

manning level requirement at that time, they would not have been able to take the necessary 

financial steps they took in 2003. Due to economy over the last several years, they have had to 

take even more drastic steps. Even with the current level funding source, the minimum manning 

level requirement is a concern. Possible reductions from the State in the Local Government 

Fund have not been taken into account (the city currently receives $1.2 million in the local 

government funding; any cut in this revenue would have dire effect).


Mr. Bazelak said the final scenario (see page 4), which shows the budget projections if only a 

0.25 percent income tax increase was sought is in response to the question, “Why is the city 

asking for .5% again?” The reason the City is again asking for a 0.5 percent income tax increase 

is because the need has not changed. It was disappointing that the May levy failed, but it only 

failed by 90 votes. In February 2009, the levy failed by a much larger margin (80% against/20% 

for). A .25% income tax increase would generate $1,250,000. Of that, $615,219 would be 

available for capital improvements and $388,360 would be used to offset the projected cash flow 

deficit in 2011. However, by 2012, the projected cash flow deficit is $947,857; therefore, the 

amount available for capital improvements dips to only $57,176. By 2013, the projected cash 

flow deficit is $1,411,162, which leaves nothing for capital improvements. The cash flow 

projection continues to worsen in succeeding years and the ending cash reserve balance 

continues to erode in succeeding years. 

Mr. Percival noted the above figures include zero dollars being spent on street improvements. 

The community has identified street improvements as a priority, and they need to figure out how 

to fund them. 

Mr. Bazelak said the above indicates the types of capital improvements that are included under the 

“amount available for capital improvements” as shown in all scenarios, which will be further 

defined at a later date. Even though they have a 5-Year Capital Improvement Plan (CIP), some 

emergencies may take precedence over scheduled projects included in the list. He felt they can 

demonstrate there is a need for general capital improvements. Mr. Percival entertained questions. 

Councilman Louderback asked if the information could be posted on the City’s government 

channel. Mr. Bazelak said the information could be posted on the City’s website; perhaps 

Mr. Cardenas can edit the slides for Channel 5. Councilman Louderback felt posting the 

information would demonstrate transparency on the City’s part and help dispel misinformation 

citizens are hearing on the street. 

President Felton said the information also needs to be shared with supervisors to share with their 

employees. Mr. Percival said the presentation will be shared with senior staff next week so they 

can disseminate the information to their staff.


Councilman Miller explained that the cash flow in parenthesis means a deficit (in an equation, it 

would be a negative number) 1 . Mr. Percival said that was correct. Councilman Miller suggested 

when the information is posted on the website or Channel 5, they might want to put a minus (-) 

sign so people will understand it means a negative number. 

As noted by President Felton and Councilman Louderback, Councilman Miller said he also 

received some misinformation on the streets. He had a conversation with a firefighter who was 

trying to get signatures to change the City’s Charter to require minimum manning levels. That 

person stated the City was hiding money and the budget was hard to decipher. The firefighter 

did not realize he was on City Council. 

Councilman Miller reminded everyone that the City of Xenia’s Finance Department has received 

26 consecutive Certificates of Achievement for Excellence in Financial Reporting from the 

Government Finance Officers Association (GFOA) as well as receiving the “Making Your Tax 

Dollars Count” award from the State Auditor’s Office. The city is NOT missing any money, 

hiding any money, or illegally shuffling any money around. It was misleading for that firefighter 

to tell people that he was asking to sign a petition that the city is hiding money. Mr. Percival 

noted the City’s budget is a public document that anyone can review. 

Mr. Bazelak said as part of the ordinance, .25% of the .5% income tax is going directly into the 

Police and Fire fund that was created this year to show the transparency. The EMS fees, revenue 

streams, the .25% of the income tax fund since 1991 goes directly into that fund, and some 

property tax monies for pensions go directly into that fund. He reiterated if the .50% income 

tax is approved in November, .25% will go directly into the Police and Fire fund. 

Councilman Smith said a lot of citizens are saying “I don’t care, let the city go broke.” The City 

is not like the federal government and cannot operate at a deficit level. If the worst case scenario 

happened and the City is in the red by 2013, he asked Mr. Bazelak to explain to citizens what 

would happen. Mr. Bazelak said before that would occur they would look at the deficit situation. 

There are some markers from the State Auditor’s Office where they would put the City on a 

‘fiscal watch’ and then a ‘fiscal emergency’. Under a fiscal watch, Council and staff would be 

required to come up with a financial recovery plan to try to figure out how to put the City on a 

better path. If that were not to take place, the City would be placed on a fiscal emergency. The 

State Auditor would bring in an Oversight Panel with members from the State Budget Office, 

State Treasurer’s Office, some members of Council, and other appointees who would be charged 

with the responsibility of developing a financial and recovery plan that would have more force 

than the watch. Steps would be taken to explore exactly what ability that Commission would 

have regarding contracts, ordinances, etc. Mr. Percival stated that Commission would be making 

all the financial decisions for the community. 

On behalf of each Council member and herself, Mayor Bayless read the following statement: 

Tonight the Xenia City Council will approve a resolution to place an issue on the 

November Ballot that will restore the positions eliminated in the Police and Fire Divisions 

and reopen Fire Station Number 2. Because of the failure of the levy in May, the City 

1 All slides incorporated into the meeting minutes have been revised to clearly indicate the numbers in parenthesis 

are negative numbers.


was forced to eliminate six (6) Police Officer positions and six (6) Firefighter positions, 

and close Fire Station Number 2. The decision to make these reductions was only made 

as a last resort because of reductions in the City of Xenia revenues including local and 

state shared taxes. 

As you know, in response to declining revenues, the City of Xenia has reduced the total 

workforce in the past year by 21 full-time positions. This reduction follows a workforce 

reduction of 15 full-time positions in 2003, bringing the total to 36 full-time positions 

eliminated in the past few years. We must have additional revenue to be able to restore 

the safety services including the Police Officers and Firefighters that have been reduced. 

The Levy to be placed on the November ballot will allow the City to re-hire the Police 

Officers and Firefighters, re-open Fire Station Number 2, and provide funds for street 

improvements to the City, along with specific Capital improvement projects such as 

replacement of the deteriorating retaining wall at Shawnee Park. The City of Xenia will 

not use the requested funds frivolously, and we are only requesting what is needed to 

maintain basic City operations. The City Council carefully considered all of the options 

available prior to placing this request on the ballot. 

At the July 8th City Council meeting, the Safety Force submitted a petition to the Council 

requesting a ballot initiative that would add six Police Officers and nine Firefighters to the 

City Safety Forces, and require the maintenance of these positions [all current, 

reinstated, and additional positions] regardless of the size or financial position of the City 

of Xenia. As the City Council has stated in the past, the Safety Services in our 

Community are essential and they fulfill a vital service. The City Council gave careful 

consideration to the petition presented by the service forces. However, just like running 

a household with limited resources, the City Council has to make decisions to allocate its 

resources in a manner that insures all parts of the city are operating as effectively as 

possible. The City budget during this time of economic difficulties is tight and the City 

has cut back in many areas such as personnel, parks and recreation programming, 

public facility maintenance, and street improvements. While this is not the most 

optimum situation, the cutbacks are equitable and the budget is able to keep a minimum 

level of operation necessary to maintain the functioning of the “household.” Just as what 

happens to families when there is not enough “income” to maintain a home, there are 

telltale signs that the City is being impacted by a tight budget. Streets, parks, and public 

facilities are all appearing to require maintenance. There are emergency repairs that 

have to be addressed as well which City Council has to make decisions. The 

appearance of the City is important in creating a positive first impression. The continued 

cutback on other “non essential” operations will also affect the future economic well 

being of the City as investors in commercial and residential properties will not come. 

The bottom line is, the petition to restore [and add 3 more] positions in our service forces 

does not identify funding sources for the positions, and therefore the City Council cannot 

support it as it restricts the ability of the City to respond to future fiscal and/or other 

emergencies. It also restricts the ability of the City to allocate resources to keep the 

operation and maintenance of the City as a whole. There are many parts of the City that 

are part of one body and all should be able to function well as a unit. The City Council is 

accountable to all parts. The ability to make that allocation decision or develop an 

alternative to meeting operational needs should not be taken away by this charter 

amendment petition.


If this Charter initiative were to be approved without additional funding for the positions, 

the City would be bankrupt by 2013. The City Council will continue to work with this 

group to pass the November Levy so we can re-hire the Police Officers and Firefighters 

that have been laid off, and improve the safety and security of our citizens. 

Councilman Louderback said he did contract negotiations with General Motors, has a strong 

union background, and is sympathetic to unions. The difference between a private and public 

company is General Motors would tell them the company was broke, but the next day 

newspapers would show record profits on the front page. As the City Manager stated, the books 

in the City are open. It is a great disservice for a union official to not inform their bargaining 

unit of the severe financial crisis we are in. The proof is in the pudding – the books are open. 

General Motors would not open their books, but the City’s books are open. Either the union 

leaders don’t understand what is going on or they don’t care. As far as job security, in the late 

1980’s and early 1990’s he helped negotiate job security with General Motors by creating a Jobs 

Bank even though he was against the program. The Jobs Bank meant nobody could be laid off, 

so 10% or 350 employees of General Motors’ 3,500 workforce were allowed to sit in the 

cafeteria and read books all day because that was in the contract and they could not be laid off. 

There is no such thing as job security. It bankrupted General Motors and he thinks it will 

bankrupt the City. 

President Felton thanked Mayor Bayless for reading the statement they all support. 



Karen Chester, 652 N. West Street, said she has been a Xenia resident for 15 years, and this is 

the first time she has had the occasion to come before Council. She would like to see what could 

be done about amending a current zoning ordinance that does not allow food vendors to set up 

within the City limits. She recently purchased a hot dog cart with the intent of starting her own 

business. She went through the complete process required by the Greene County Combined 

Health District’s Environmental Health Department and received her food vendor’s license last 

month. She started contacting several businesses within the City limits about selling hot dogs 

from 11 a.m. to 3 p.m. Several business owners told her they would be more than happy to allow 

her to set up her hot dog stand, but that there was a zoning ordinance prohibiting it. She spoke to 

Zoning Enforcement Officer Jeff Ziegler who told her several days ago there was a City 

ordinance that was updated several years ago. Mr. Ziegler stated she could set up her hot dog 

cart during “First Fridays” or at the Farmer’s Market, but she would not be allowed to do that 

any other time. She asked Mr. Ziegler with whom she would need to speak to change the zoning 

ordinance, and he stated she would need to come before City Council because that decision 

would be up to them. 

Ms. Chester respectfully requested that Council consider amending the current zoning ordinance. 

With the current economic climate and the number of businesses closing in Xenia, it would not 

be as competitive to other businesses as it may have been several years ago. If Council has 

concerns about the number of carts or vendors, she noted Columbus and other cities allow hot 

dog carts in certain areas after the business receives permission from the city. Those cities limit 

the number of hot dog carts and locations, such as in the downtown area or around the 

Courthouse. The City of Xenia could easily allow something like that. The City could also


require that vendors go through the Greene County Combined Health District to obtain a food 

vendor’s license. Greene County has stiffer requirements than some other counties for hog dog 

carts and food vendors. Another requirement could be that a food vendor or hot dog cart could 

only set up in front of a business or on a property that the owner specifically allows. Quite a few 

businesses in Xenia are currently struggling due to the economy. Several owners told her they 

thought having a hot dog carts might bring in customers to their business and that it would be a 

welcome addition. She therefore respectfully requested that Council consider amending or 

changing this ordinance so she would have the ability to move forward with her business and be 

a productive citizen of the City. 

Thom Armstrong, 228 W. Church Street, said he is the President of Xenia Little League and 

wanted to thank the City for their assistance in helping the League get through their first season. 

They had 408 kids sign up for Xenia Little League. The behind the scenes meetings he had with 

Vice President Mills, Councilman Louderback, and Mr. Percival were a tremendous help in 

bringing this program to the City. West Side Park was very busy every week during the season. 

Much to his surprise, parking was not as big a problem as President Felton may have anticipated. 

President Felton said she was glad; she did not receive any complaints. Xenia Little League had 

to pay $4,800 for hardship cases for kids who did not have the funds to play ball. Due to that 

expense, they were only able to complete one field at West Side Park when they initially planned 

to complete two. Without City Council and the City of Xenia allowing Xenia Little League, 

those kids would not have been able to play baseball this summer. Their 9 and 10 year olds had 

an All Star Team, and their 13 and 14 year old juniors team placed third in the district in their 

respective Little League World Series Tournaments. The juniors had the toughest schedule by 

playing six games in six consecutive days. Paul Chaney was the coach and they got a lot of 

compliments from other teams on how their team and parents were professional, respectful, and 

how they conducted themselves. They represented Xenia very well this year in the district. 

Although they got third place this year, he hopes they win the state tournament next year. He 

apologized to Vice President Mills for not keeping her informed throughout the year about what 

was going on, but he was extremely busy. He wanted to take time tonight to thank every 

member of Council for their support. President Felton thanked him for the comments and was 

glad Xenia Little League was successful. 

Sara Neer, 349 Hollywood Blvd., said she usually reads the minutes but does not always attend 

Council meetings. She works at the election polls and loves the process, but she is nervous about 

the upcoming November levy because it is an “all or nothing” levy. She questioned why the levy 

was not a separate Capital Improvement Levy and a separate Safety Levy. People are getting 

signatures [for the Charter Amendment] because they are scared and because they have seen 

people lose their jobs. There are many rumors going around Xenia because everyone is scared. 

She knows the Police and Fire Division do a wonderful job and have stepped up with the closing 

of Fire Station 2. Because people are scared, they are doing drastic things like spreading false 

rumors and getting signatures. She realized it would cost more money to have two levies on the 

ballot, but they may have nothing come November if the levy fails. She loves BRACA and 

thinks it is necessary for communities to take care of parks and beautify the city, but safety is the 

number one concern of our citizens. 

President Felton said she does not like City Charter changes and does not like being backed into 

a corner by being told she has to have so many employees, particularly when those employees


got a raise in June. She understands being out of a job and the safety issue because she lives by 

Fire Station 2. It is up to the citizens of this town to tell Council what they want them to do. 

Council already committed to taking half of that income tax money and dedicating it to Police 

and Fire and dedicating the other half for capital improvements. They have already stated the 

first priority is to reinstate the six police officer positions, the six firefighter positions, and 

reopen Fire Station 2. She does not know how to get it across to everybody that none of them 

has a lot of money. She lives on Social Security and has not received a raise in two years. City 

Council did not vote themselves a raise and non-union employees received no raises. The City’s 

non-union employees have not received a raise in 2.5 years, and they will not get one because 

there is no money. The Appointed Officials did not get raises. They are all trying to do their 

part to keep the budget down. She cannot do anything about the Federal or State government. 

She only asks that everyone start looking at where they want to go, what they want to do, and 

how they can do it. Council, management, and employees are doing the very best they can with 

what we’ve got. She knows the Police Officers and Firefighters are tired and stressed. The 

Street Department is doing what they can to fill potholes, but there’s no money for blacktopping 

or repaving or anything else. No new police cruisers were purchased this year although many of 

those vehicles have very high mileage and higher idling time on the engines. No City money 

was spent on parks and recreation – that was all funded by donations and volunteers [and grants]. 

The City no longer supports non-profit organizations because there is no money. Mr. Armstrong 

and Xenia Little League paid for all the improvements and maintenance to the baseball field at 

West Side Park. People helping people … that is what Xenia is about. They all agree this is a 

critical time, but they need to pick themselves up, get this levy passed, and bring back the 

firemen and police officers. 

Mr. Bazelak referenced the scenario “Why is the City asking for .5% again?” showing what 

would happen if the increase was only .25%. The amount of capital dollars available in the first 

year dwindles very significantly in following years. The .25% increase simply is not enough and 

they would have competing issues with the streets. As shown by the recent citizen’s survey, 

street improvements were a significant issue and their level of maintenance is a security issue as 

well as a safety issue. 

President Felton said they made the best decision they could with the information they have. 

After discussing the issue for hours, they decided to put a .5% income tax increase on the 

November ballot because that is what is needed for the city to function. 

President Felton asked Councilman Caupp to discuss Ms. Chester’s issue with the Planning and 

Zoning Commission and Mr. Percival. Councilman Caupp agreed to do that. 


Planning & Zoning Commission: Councilman Caupp said the July XPZC meeting was 

cancelled due to lack of a quorum. 

Mayors & Managers: Mayor Bayless said there was no meeting in July. 


Board of Directors met July 1 st . There is a new project in Xenia under the Transportation 

Improvement Program (TIP) that involves streetscape improvements on W. Main Street from


S. Church Street to S. King Street. The project involves ornamental lighting, curb and sidewalk 

replacement, pedestrian crossings, ADA curb ramps, banners, street trees, tree grates, benches, 

trash receptacles, bike racks, and wayfinding signage. 

President Felton asked Mr. Percival to share the information regarding the project Councilman 

Louderback just discussed. Mr. Percival said the West Main Street Enhancement Project is a 

different project than the one discussed by Councilman Louderback. President Felton noted the 

projects are funded through grants and cost the City very little money [in local share dollars]. 

Mr. Percival said Phases 1 and 2 of the West Main Street Enhancement Project is out for bid and 

will begin shortly. Of the $640,000 to $650,000 costs, the City’s total share for the project is 

$29,859, per ODOT and MVRPC. The City is getting $640,000 to $650,000 of improvements 

for $29,859. There has been some discussion that the city’s share was $200,000, but that is not 

true. The city’s share was greater, but (former) City Planner Nimfa Simpson and City Engineer 

Chris Berger went back to MVRPC and were able to get additional ARRA State and Federal 

funds and Transportation Enhancement Funds to reduce the city’s local share to $29,859, which 

is pretty significant. 


met on July 13 th and had a presentation regarding Xenia’s 2008 tree inventory by Wendi Van 

Buren, Regional Urban Forester for the Ohio Department of Natural Resources, and Carol 

Atzbach from the Master Gardeners. The Tree City USA program and a Tree Committee were 

explained. Please see the meeting minutes from the July 13 th meeting for more details. 

BRACA Vacancy. Due to a recent resignation, there is a vacancy on the Board. If citizens are 

interested, please send a letter to City Clerk Michelle Johnson, 101 N. Detroit Street, or e-mail 

her at mjohnson@ci.xenia.oh.us. 

Upcoming Confirmed Shawnee Park Summer Events: 

o Kiwanis Ox Roast /Music (July 25 th ) 

o “Music in the Park” (August 1 st ) performance by Runnin’ Outta Tyme. Because a member of the 

Board was able to obtain a sponsor for the entire season, no City money was spent on “Music in 

the Park” for the three concerts this year. 

o Relay for Life (August 13 th and 14 th ) 

o Community Picnic (August 29 th from 4 to 8 p.m.) hosted by the Xenia Area Community 

Churches and Ministries. 

Phase II of the Banner Program. BRACA is launching Phase II of the Street Pole Banner 

Sponsorship Program to complete the downtown corridor. She needs at least 10 more sponsors; 

six orders have been received from sponsors but ten are needed before an order can be placed. If 

anyone is interested in sponsoring a banner, please contact Connie Mann, City Manager’s 

Secretary, at 376-7231 or go to the City’s website and download an application. Although the 

original deadline was July 15 th , that deadline has been extended. 

“Bloom with Xenia – Adopt-a-Spot.” Please contact Carol Atzbach at 374-1202 if you would 

like to be responsible for a adopting a spot or would be willing to weed a spot one day. 

Beautification Awards. This is an opportunity to showcase your yard or that of a neighbor or 

business. Anyone can nominate a beautiful yard or business and the nominee will receive a 

beautiful certificate. Information and nomination forms are available on the City’s website.






Award of Bid for Wells #4 and #9 Redevelopment Project. Mr. Percival respectfully 

requested that Council award the bid for rehabilitation of Wells #4 and #9 to Moody’s of Dayton 

in an amount not to exceed $104,098. In the interest of good preventative maintenance practices, 

the Water Treatment Division regularly redevelops the 11 wells on a five- to six-year schedule. 

This process restores lost well capacity and detects problems before they become catastrophic. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to award the bid for the 

Wells #4 & #9 Redevelopment Project to Moody’s of Dayton, authorize the City Manager to 

enter into a contract for said work, and issue a Purchase Order in an amount not to exceed 

$104,098.00. No discussion followed. The Roll on this was the following: 



Approval of Purchase Order for Contract A Project contingency line. Mr. Percival 

said when they originally awarded the project, they did not award anything more than the 

original contract. In order to be able to access the dollars in the contingency line, they have to 

issue a purchase order to Dugan & Meyers Construction Company. He asked Utilities Manager 

Jason Tincu if there were pending change orders at this time. 

Mr. Tincu said one Contract A Project Change Order was approved because it was below the 

Council bidding threshold of $7,500. Once they hit the Council bidding threshold, they are 

required to ask Council to approve additional change orders. As with all major excavation 

projects such as this, a need to revise the scope of work during the project is normal due to the 

sheer amount of work and level of detail and complexity associated with such projects. 

Considering this, DEFA automatically awards all loans with a 5% line increase of the total 

project cost for contingency, but they do not expect to use all the money. Each proposed Change 

Order will be closely scrutinized by the design engineer and City staff prior to being processed 

per the City’s financial protocol. For this long term public improvement, the City secured 

funding through the Ohio EPA Division of Environmental Financing Assistance (DEFA) and the 

Water Pollution Control Loan Fund (WPCLF) at an extremely competitive APR of 3.25% for a 

20-year term. They want to do the project correctly and not cut any corners so things do not fall 

apart because they were not properly constructed. He promised all proposed Change Orders will 

be closely scrutinized by City staff and the design engineer. 

President Felton asked Mr. Tincu to explain the funding source. Mr. Tincu said funding for this 

project is allocated from the Water and Sewer Fund (Enterprise Funds), which is generated 

through water and sewer utility fees and is not at all associated with any tax-based revenues. The 

Utility Department has a self-sustaining funding source. He noted the Water and Sewer Funds 

cannot be co-mingled with the Police and Fire Fund, i.e., Water and Sewer Fund monies cannot


be used to subsidize Police and Fire Division salaries. Even though the City is going through a 

financial crisis, it does not remove the City’s obligation to maintain our existing assets. As 

critical as Police and Fire may seem on the forefront, if we were to lose the Water Plant or one of 

the Sewer Plants, the entire City would be affected all at the same time. 

Motion by Mayor Bayless, seconded by Vice President Mills, to issue a Purchase Order for the 

Contract A Project contingency line to Dugan & Meyers Construction Company in an amount 

not to exceed $87,000. No discussion followed. The Roll on this was the following: 



Award of Bid for Water Treatment Plant Loading Dock and Aerator Pad 

Rehabilitation Project. Mr. Percival respectfully requested that Council award the bid for the 

Loading Pad and Aerator Pad Restoration Project to Lithko Restoration Technologies, authorize 

him to enter into a contract for said work, and issue a Purchase Order in an amount not to exceed 

$30,218. This project was initially bid in May 2010 when only two (2) bidders responded. In an 

attempt to further clarify some details in the project specifications, staff requested the rejection 

of those bids and approval to rebid the project. Council approved that request on May 27, 2010, 

and the project was rebid with a refined project scope and qualification statements. Bids for the 

revised project specifications were opened on July 8, 2010, and six (6) bids were received. The 

lowest bid was from Lithko Restoration Technologies as noted above. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to award the bid for the 

Loading Pad and Aerator Pad Restoration Project to Lithko Restoration Technologies, authorize 

the City Manager to enter into a contract for said work, and issue a Purchase Order in an amount 

not to exceed $30,218.00. Discussion followed. 

Councilman Caupp said it always concerns him when the bid difference between the lowest and 

highest bid is significant, and in this case, it is $49,000. He wanted to make sure bidders were 

fully aware of the scope of the project. On the day of the bid opening, Mr. Tincu said he spoke 

to the person who submitted the highest bid. The person stated his management was forcing him 

to get a bid in. That person called and asked what the engineer’s estimate was for the project. 

He then stated he completely blew it but still submitted the bid. Mr. Tincu thought there was 

pressure from some companies to submit bids, which is why there can sometimes be such a large 

spread. City Engineer Chris Berger and another engineering firm reviewed the detail 

specifications and scope of the project. Staff will ensure the contractor does good work. They 

did reference checks on Lithko Restoration Technologies and the company is very qualified. 

President Felton asked where the money would come from to pay for the project. Mr. Tincu said 

this project will also be paid from the Water Capital Improvement Fund that is generated through 

water utility bills. These projects are developed one year prior to the year they are budgeted. 

This project has been budgeted since early 2009, if not before, and was carefully planned and 

discussed with Council during budget sessions and will be carried through when the calendar 

year ends. The Roll on this was the following: 




Award of Bid to Replace Waste Oil Furnace at City Garage. Mr. Percival said the 

initial waste oil furnace was installed in 1992 and is used to heat the service bay area of the 

Service Building. The existing unit has developed leaks in the main fire box allowing the release 

of carbon monoxide and other potentially dangerous gases. The burning of waste oil on site is 

one of the EPA’s preferred methods of disposal for waste oil and saves the City money. Based 

on average natural gas prices, the furnace will save about $2.00 in natural gas costs for every 

gallon of waste oil burned. At current natural gas rates, the City will see a return on this 

investment in just two to three years. On June 24, 2010, one bid was received from Gingerich 

Clean Burn Inc. in the amount of $10,330 with a trade-in value on the old furnace of $1,000 for a 

total bid price of $9,330. He therefore respectfully requested that Council award the bid to 

Gingerich Clean Burn, Inc. to replace the waste oil furnace at the City Service Center in the 

amount of $9,330.00, and authorize him to execute a purchase order. 

Motion by Councilman Louderback, seconded by Vice President Mills, to award the bid to 

Gingerich Clean Burn, Inc. to Replace the Waste Oil Furnace at the City Service Center in the 

amount of $9,330.00, and authorize the City Manager to execute a purchase order.. Discussion 

followed. 

Vice President Mills noted the agenda report states, “An additional benefit of the waste oil 

furnace is that it allows the City to conduct a waste oil collection program in which we accept 

waste oil from citizens with no costs incurred.” Citizens can bring their waste oil to the City 

Garage. She asked what type of oil was considered “waste oil.” Mr. Percival said motor oil (not 

vegetable oil) can be brought in, which also makes Mr. Tincu very happy because people are not 

pouring motor oil down the sewers. This process has served the City well because it has saved 

the City thousands of dollars since it was initially installed. 




Award of Bid for Neighborhood Stabilization Program (NSP) II Building 

Demolition Project. Mr. Percival said the City of Xenia seeks to enter into a contract with 

Bladecutters, Inc. to demolish five more houses within the City as part of the NSP program. This 

bid is for the demolition of the second and final five blighted residential structures in the City. 

The first five properties were demolished in late June/early July by Collett Excavating, and the 

land has been seeded and the contractor replaced one broken sidewalk. Of the five properties 

slated for demolition in this award, one property located at 607 S. Monroe Street has been a 

problem for at least five years. Once the homes are razed, he looks forward to looking at 

redevelopment opportunities for the lots. 

Mr. Percival respectfully requested that Council award the demolition bid for five NSP 

properties to Bladecutters, Inc. and authorize him to execute a contract and a purchase order for 

$25,049, noting that FY 2008 NSP funds will be utilized for the completion of this project. 

Bladecutters, Inc. indicated they have torn down over one hundred homes for the City of 

Dayton’s NSP program, and the City of Dayton was very happy with the services the company 

provided. No general funds will be utilized for this project; only NSP dollars will be used.


Motion by Councilman Caupp, seconded by Mayor Bayless, to award the demolition bid for five 

NSP properties to Bladecutters, Inc. and authorize the City Manager to execute a contract and a 

purchase order for $25,049, noting that FY 2008 NSP funds will be utilized for the completion of 

this project. Discussion followed. 

Mayor Bayless said demolishing the homes makes the neighborhoods look so much better. 

Mr. Percival agreed; he wished they could demolish 10 or 15 more homes, but they can only do a 

few at a time. 

Councilman Smith asked why five houses were being bid at once and contracts were not 

awarded for each individual property. Mr. Percival said the bidding process is dictated by 

federal requirements, and if the amount is large enough, they are allowed to get a bulk rate bid. 

Contractors were allowed to inspect the five properties to see what they were getting into before 

submitting their bids. Of the six bids submitted, Bladecutters, Inc. was the overall low bidder. 

Councilman Louderback said he would vote ‘nay’ because he believes in keeping our money in 

Xenia, and Collett Excavating is a Xenia company. The bid from Collett Excavating was not that 

much higher [a difference of $3,951], and keeping the tax dollars in Xenia would more than 

compensate for the lower bid from a Dayton company. 

President Felton asked what would be done with the rest of the money budgeted. Ms. Crockett 

said the first five demolitions cost $28,000, and the second five demolitions will cost $25,049, 

which means there is very little money left for further demolitions. President Felton noted 

$80,000 was budgeted. Ms. Crockett explained they also had to pay for written plans and 

specifications, assessment of the asbestos condition of the homes, and administrative fees. 

Councilman Louderback asked who demolished the first five homes. Mr. Percival said Collett 

Excavating was the lowest bidder the first time. Councilman Louderback thought Collett 

Excavating did a good job. Mr. Percival agreed, but they were not the lowest bidder this time. 

President Felton said she agreed with Councilman Louderback – she would rather award the 

contract to Collett Excavating. Mr. Percival said he did not think that was an option when using 

federal funds. President Felton said the rules state the contract can be awarded to the lowest and 

best bidder. Ms. Crockett said the contract can be awarded to the lowest and best bidder, but 

they cannot give preference to local companies, per federal rules, which would initiate an audit. 

President Felton said she was tired of the federal government telling her how to spend money. 



Nays: Louderback and Felton motion carried. 

Authorization to enter into a consulting contract for Downtown Consultant Services 

related to the Comprehensive Downtown Revitalization Program, Tier II – Downtown 

Building and Streetscape Program. Mr. Percival said as part of the City’s Tier II Project, they 

have up to $20,000 to hire a Main Street Consultant as an independent contractor for 18 months 

to help with the project. He respectfully requested that Council authorize him to enter into a


consulting contract with Rosemary C. Naulty, in an amount not to exceed $20,000 from August 

2010 through December 31, 2011. 

Motion by Vice President Mills, seconded by Councilman Miller, to authorize the City Manager 

to enter into a consulting contract with Rosemary C. Naulty in an amount not to exceed $20,000 

from August 2010 through December 31, 2011, for the implementation of the City of Xenia’s FY 

2009 Comprehensive Downtown Revitalization Program, Tier II – Downtown Building and 

Streetscape Program. Discussion followed. 

Councilman Louderback said he would vote ‘aye’ but was disappointed the person does not live 

in Xenia. We have several Department Heads, such as the Community Development Director 

who chooses to live in Springfield and the Assistant City Manager who lives in Columbus. 

Ms. Naulty lives in Springfield. Thirty-one (31) of the City’s 35 firefighters live outside the 

City. Although employees cannot be forced to live in the City, he feels if you work for the City 

you should live in the community you represent. It would be like a General Motors executive 

driving a Ford or Chrysler automobile. He is very disappointed they keep hiring people who do 

not live in our City. When the new City Planner is hired, he hopes the people who interview the 

person strongly suggest he/she live in the City they represent. Again, he is very disappointed the 

Downtown Consultant lives in Springfield. 

Vice President Mills noted No general funds will be used in payment of this contract; only Tier 

II-Downtown Building and Streetscape Program funds will be used. 

Councilman Smith asked who would supervise the employee. Mr. Percival said the person will 

not be a City of Xenia employee, but will be a contract employee. The contract employee must 

be given specific contractual obligations they have to meet. Councilman Smith asked what 

would happen if the Downtown Consultant does not meet the requirements. Mr. Percival said 

they could end the contract and move forward. 

President Felton said she would vote ‘nay’ because she was specifically told this spring by the 

Community Development Director and the Assistant City Manager that the position could be 

done in-house. She understood the $20,000 for the Downtown Consultant would be paid from 

Tier II monies. 


Ayes: Mills, Caupp, Louderback, Miller, and Bayless 

Abstain: Smith 


Ohio Enterprise Zone (OEZ) proposed amended Agreement with Kotobuki-Reliable 

Die Casting, Inc. Mr. Percival requested that this item be removed from the agenda because it 

was approved in April. 

Items for the City Manager: Councilman Louderback said he received two calls from 

grandparents who took their grandchildren to Shawnee Park and were upset about the graffiti. 

He understood the graffiti has been removed. Mr. Percival said staff had to sand down the 

pavilion stage and do some other things, but the graffiti was removed. He met with the Police


Chief, one Captain, and some Public Service staff this week to try to come up with a solution to 

the vandalism problem at Shawnee Park and Xenia Station. They will work with some 

technology. President Felton suggested they install cameras now and not next week! 

Mr. Percival said cameras will be installed. He asked citizens if they see vandalism or notice 

something that does not look right, please call the Dispatch Center at 372-9901 so an officer can 

respond to deal with the situation. They know a small group is doing things they should not be 

doing, and police patrols have been increased. 

President Felton said she received a complaint about curfew violations and wondered what the 

Police Division was doing. Mr. Percival said police are stopping juveniles if they see them past 

curfew, which is 11 p.m. Sunday through Thursday, and midnight Friday and Saturday. 

President Felton said she knew juveniles get bored, but they do not have to be destructive. 





o 

o 

Page 4 – Dryden Builders for police training building – Ford Road @ $82,354. Mayor Bayless 

asked Mr. Percival to explain the expenditure. Mr. Percival said the expenditure was paid from 

drug seizure money or money paid for court fines/costs. Over the years, houses have also been 

seized as part of drug operations. That money cannot be used for operations, but 10% of the 

money is spent on educating children. The rest of the money must be used for projects that are 

not funded through General Fund activities. The money was used to build the police firing range 

building. 

Councilman Miller noted a large number of manhole covers were purchased. He did not know if 

that was because people were stealing them for scrap and if they needed to start securing the 

covers, or if they were purchased to replace ones that cracked or deteriorated. Mr. Percival said 

they purchase a number of manhole covers yearly, but he has not heard there was an issue with 

stealing them. 

o Page 1 – Beavercreek Rentals for post hole digger and Bobcat bucket/loader at $3,141.12. 

Councilman Caupp noted he has mentioned several times that he would like the City to purchase 

one less backhoe and purchase a Bobcat when money is available. It seems like staff is 

constantly renting Bobcats to the tune of $3,000 each. Mr. Percival thought a new Bobcat would 

cost $25,000. Councilman Louderback asked if Xenia Rental has the same equipment for rent. 

Mr. Percival noted expenditure is being paid from Fund 612-1332 – Sewer Maintenance Fund. 

He will check into it and report back. 

o 

Page 7 – Let It Gro Lawn Care for weed mowing at $1,012.50. Vice President Mills noted the 

City of Xenia had to pay for 37 yards to be mowed all over town. That money cannot do a whole 

lot, but it could do a whole lot more than be used to mow people’s yards. Small expenses like 

this can pile up. 




Items for the Finance Director: None.





RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE WITH 

THE DISTRICT 11 PUBLIC WORKS INTEGRATING COMMITTEE AN APPLICATION 

ON BEHALF OF THE CITY OF XENIA FOR AID IN PARTLY FINANCING THE COST OF 

CAPITAL IMPROVEMENT PROJECTS PURSUANT TO THE PROGRAMS 

ADMINISTERED BY THE OHIO PUBLIC WORKS COMMISSION; TO EXECUTE 

CONTRACT AGREEMENTS WITH THE STATE OF OHIO; AUTHORIZING THE CITY 

MANAGER TO PERFORM ALL ACTS AND EXECUTE ALL DOCUMENTS HE 

CONSIDERS NECESSARY TO FULFILL THE CITY OF XENIA’S OBLIGATIONS UNDER 

SAID GRANT APPLICATION AND CORRESPONDING AGREEMENTS; TO COMPLY 

WITH ALL RELEVANT LOCAL, STATE, OR FEDERAL LEGAL REQUIREMENTS; AND 

TO PROVIDE ASSURANCES AND ADDITIONAL INFORMATION AS REQUIRED BY 

THE OHIO PUBLIC WORKS COMMISSION, and it was read for the second time. 

Motion by Councilman Louderback, seconded by Vice President Mills, that Resolution Number 

10-Q be now passed. No discussion followed. The Roll on this was the following: 



Mr. Lewis presented an ORDINANCE AMENDING SECTIONS 1294.10 TEMPORARY USES 

AND STRUCTURES AND 1294.15 ACCESSORY STRUCTURES OF CHAPTER 1294: 

SUPPLEMENTARY REGULATIONS OF TITLE SIX: ZONING OF THE CODIFIED 

ORDINANCES OF THE CITY OF XENIA, and it was read for the second time. 

Motion by Vice President Mills, seconded by Councilman Smith, that Ordinance Number 10-29 


Ayes: Mills, Caupp, Miller, Smith, Bayless and Felton 


Mr. Lewis presented a RESOLUTION REQUESTING AND AUTHORIZING THE GREENE 

COUNTY BOARD OF ELECTIONS TO PLACE UPON THE CITY OF XENIA BALLOT AT 

THE GENERAL ELECTION ON NOVEMBER 2, 2010, THE QUESTION OF WHETHER 

ORDINANCE 10-27 INCREASING THE CITY OF XENIA INCOME TAX RATE BY ONE- 

HALF OF ONE PERCENT SHALL BE APPROVED IN ACCORDANCE WITH SECTION 

718.01 OF THE OHIO REVISED CODE, and it was read for the second time. 


10-R be now passed. No discussion followed. The Roll on this was the following: 



Items for the Law Director: None.


READING OF COMMUNICATIONS AND DISCUSSION: Vice President Mills wanted 

everyone to know The Cleft opens August 27 th at the Xenia YMCA. The Cleft is geared toward 

the sixth grade through high school youth of Xenia. The Cleft will have its commissioning day 

during the Community Picnic on August 29 th at Shawnee Park. She hopes Xenia youth will use 

this opportunity because people who care are reaching out to them. 

Councilman Caupp thanked Mayor Bayless, Mr. Bazelak, and Mr. Percival for the presentation 

tonight regarding the City’s finances. There was a large article in today’s Xenia Gazette about 

the dire financial problems the City of Fairborn is facing like many other surrounding 

communities are facing. The closing of Fairborn’s jail last month as a result of layoffs that left 

the jail without adequate staff has started a chain reaction that has affected departments in all 

levels of the justice system in Greene County. When jails are closed, criminals are released 

which affects everything from top to bottom. When we get to the point where we are closing 

jails and putting criminals back on the street, cities are in dire need. That is something everyone 

should think about when they are deciding how they will vote on the levy. He encouraged 

everyone to look at the City’s finances and to call the Finance Director and City Manager so they 

can explain the budget and answer questions. It is very important to get support for passage of 

the levy. It is unfortunate the Fire and Police Divisions decided to put the minimum manning 

issue on the ballot. City Council has given its full support to the income tax levy. If the income 

tax levy passes, the six firemen and six police officers will be rehired, and Fire Station 2 will be 

reopened. The minimum manning issue goes over and beyond that by asking that a total of nine 

(9) firefighters be replaced (6 that were laid off PLUS 3 more), but there is no funding for that. 

If someone comes to your door and asks you to sign the petition to change the City Charter, he 

encouraged citizens to politely say “No, thank you - I am supporting the City’s income tax levy 

effort.” He then wished his twins a “Happy 7 th Birthday” yesterday. 

Councilman Louderback had no further comments. 

Councilman Miller said in previous years he walked portions of the Appalachian Trail and 

enjoys that. He then gave a brief history of Ohio trails, including the Buckeye trail that is 1,450 

miles long and does a large loop through Ohio, of which a portion goes through Greene County. 

He also gave a history of Old Man’s Cave in the Hocking Hills area. He encouraged people to 

stay in Ohio because there are many things to do in our state. 

Councilman Smith asked who high school students (who are required to have service hours) 

should contact if they would like to volunteer for the City. Mr. Percival said students can contact 

him. Councilman Smith noted the Greene County Fair will be held August 1 st through August 

7 th . He thanked Mayor Bayless for her earlier statement. Being a member of Council is a tough 

job and he would love to do everything citizens ask him to do, but there is only so much money 

in the City’s checkbook. His family went to Chicago last weekend and a slice of pizza was 

$5.00, a milkshake was $6.00, parking was $36, and gas at a full service station was $3.49 a 

gallon. Times are expensive, but Xenia is an affordable place to live and a great community, and 

thought we get a lot for our dollar. As President Felton asked earlier, “What kind of community 

do you want to live in?” He realized it was tough to ask citizens for money because some people 

cannot afford a tax increase, which Council understands. However, we want to make Xenia the 

best town we can and we need some help.


Mayor Bayless said she has been very busy with speaking engagements, issuing proclamations, 

and attending meetings. She congratulated a new Xenia business, Totem Tattoo Art Design 

located at 31 W. Main Street. If people do not want a tattoo, they also have great T-shirts. She 

encouraged everyone to drive around Xenia because it is an absolutely beautiful town. Although 

she has lived in Xenia her entire life, as Mayor she visits areas where she has never been. She 

decided this month that she would like to hand-deliver rather than mail the Beautification 

Awards to residents. It was a great experience and she met a lot of nice people. She thanked 

residents for what they were doing to keep our City beautiful. As she was signing the 

Beautification Awards, she realized someone nominated her house, so she got to sign her own 

certificate! President Felton noted the Beautification Awards program started 15 years ago and 

felt it is a good program. 

President Felton had nothing further to share. 



following: 











5:00 p.m. 

The Xenia City Council met in a Special Session on July 29, 2010, at 5:00 p.m. in the City 



Motion by Vice President Mills, seconded by Councilman Louderback, to go into an Executive 

Session to discuss Potential Litigation. No discussion followed. The Roll on this was the 

following: 




with the same members present to discuss Potential Litigation. 

The City Council reconvened in Special Session at 6:34 p.m. with the following members 

present: Jeanne Mills, John Caupp, William R. Miller, Wesley Smith, Marsha J. Bayless, and 

Patricia L. Felton. 

Dale Louderback was absent. 

Mr. Percival presented an Ordinance adopting a proposed amendment to the City Charter titled, 

“Article XVI: Safety Services” for approval by the electors at the next regular municipal 

election, establishing a method of publication of said amendment, and declaring it to be an 

emergency as requested by the “Get Alarmed Citizens of Xenia” political action committee. 

This proposed Charter amendment would set the minimum manning levels for the Fire and 

Police Divisions. 

Councilman Miller presented ORDINANCE ADOPTING PROPOSED AMENDMENT 

TITLED “Article XVI: Public Safety Departments” TO THE XENIA CITY CHARTER FOR 

APPROVAL BY THE ELECTORS OF THE CITY OF XENIA, OHIO, AT THE NEXT 

REGULAR MUNICIPAL ELECTION, ESTABLISHING METHOD OF PUBLICATION OF 

SAID AMENDMENT, AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Councilman Miller, seconded by Vice President Mills, that the rules requiring the 



Councilman Caupp said he would vote ‘yes’ for this Ordinance for the sole purpose that the law 

states we have to put this on the ballot, but he is 100% against it. The only reason he is NOT 

voting ‘no’ is because it will cost the City $10,000 [or more] to fight it [in court].

XCC Meeting Minutes, July 29, 2010 (Cont.) 2 

Councilman Miller said [minimum] manning has nothing to do with the Charter for the City, the 

state, or the federal government. There is no reason why anyone should have a guaranteed 

position. 

Councilman Smith said he is very disappointed that this is being presented. It is not necessary, 

and [if approved] it will create a hardship for the City. Councilman Miller said it will create a 

hardship forever. 

Mayor Bayless said she totally disagrees with this proposed charter amendment, but she will vote 

yes on passage of this ordinance because she has to. 

Vice President Mills said she is voting ‘yes’ on this ordinance because she believes it is the right 

of our country and for our ability to have government. Everyone should have the right to the 

process, and this is the process. Council has given examples of other ways to continue to raise 

the funding. She believes that more fire and police services are needed, but she doesn’t believe 

that they should have these without funding provided. At this time, they do not have the funding 

for this [minimum manning request]. It will cause a hardship for the City and she would not run 

her household that way. She would not run the City that way. She will vote for this [ordinance] 

because this is the way their government operates. 

President Felton said she resents the fact that they have a proposed Charter change to guarantee 

their jobs. Nobody has a guaranteed job. This request is not right—it is wrong—and she doesn’t 

agree with it. She is voting ‘no.’ 


Ayes: Mills, Caupp, Miller, Bayless, and Smith 


Motion by Councilman Miller, seconded by Vice President Mills, that Ordinance No. 10-30 be 


Ayes: Mills, Caupp, Miller, Bayless, and Smith 


Mr. Percival presented an Ordinance adopting a proposed amendment to the City Charter titled, 

“Article XVI: Safety Services” for approval by the electors at the next regular municipal 

election, establishing a method of publication of said amendment, and declaring it to be an 

emergency. This proposed Charter amendment would give the City the ability to utilize 

volunteers, temporary, and/or part-time firefighters, emergency medical technicians, auxiliary 

police officers, and/or part-time police officers as a part of any manning requirement. 

Councilman Caupp presented an ORDINANCE ADOPTING PROPOSED AMENDMENT 

TITLED “ARTICLE XVI: SAFETY SERVICES” TO THE XENIA CITY CHARTER FOR 

APPROVAL BY THE ELECTORS OF THE CITY OF XENIA, OHIO, AT THE NEXT 

REGULAR MUNICIPAL ELECTION, ESTABLISHING METHOD OF PUBLICATION OF 

SAID AMENDMENT, AND DECLARING IT TO BE AN EMERGENCY.





Ayes: Caupp, Miller, Smith, Bayless, and Felton 

Nays: Mills motion carried. 

Motion by Councilman Caupp, seconded by Councilman Miller, that Ordinance No. 10-31 be 


Ayes: Caupp, Miller, Smith, Bayless, and Felton 

Nays: Mills motion carried. 

Mr. Percival presented an Ordinance amending Ordinance 10-06 to make adjustments in 

appropriations to advertise the proposed Charter amendments. 







placed at once upon its passage. Brief discussion followed. 

Councilman Miller asked if they would have adequate funds to publish both Charter 

amendments. Mr. Bazelak said [with passage of this Ordinance] they will have the funding 

needed to publish both amendments. 


Ayes: Mills, Caupp, Miller, Smith, Bayless, and Felton 


Motion by Vice President Mills, seconded by Councilman Miller, that Ordinance No. 10-32 be 




President Felton entertained any further business. 

Motion by Councilman Caupp, seconded by Councilman Miller, that everyone that serves as a 

volunteer in the City on a Board or Commission that involves the Ethics Training that they go 

through the training and sign the form to be a member of that Board or Commission, and if they 

do not go through the training and sign the form, they should be removed from their Board or 

Commission. Discussion followed.


Councilman Miller said he believes this is a step to make sure the City has good, qualified 

volunteers, and the volunteers understand what they are doing is important to Council and 

Council cares about them. 

Councilman Smith said he was concerned about alienating people between now and November. 

They need every vote. President Felton said she has to complete an ethics form every year for 

the State of Ohio and the City of Xenia. She does not see a problem with it. Councilman Miller 

noted he completed an Ethics form twice. 

Councilman Caupp said he would be concerned with any citizens that wanted to volunteer their 

time to the City to serve on a Board or Commission that felt they should not sign an Ethics form. 

President Felton noted they do background checks on these individuals as well. 




Motion by Councilman Miller, seconded by Vice President Mills, to adjourn the meeting at 

6:45 p.m. No discussion followed. The Roll on this was the following: 










5:30 p.m. 

The Xenia City Council met in an Executive Session on August 12, 2010, at 5:30 p.m., in the 


John Caupp, Dale Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia 

L. Felton. 


Session to discuss Purchase or Sale of Real Estate. No discussion followed. The Roll on this 

was the following: 



The City Council met in Executive Session to discuss Purchase or Sale of Real Estate. The 

Council adjourned their Executive Session at 6 p.m. 


7:00 p.m. 

At 7:00 p.m., the Xenia City Council met in a Regular Session in the City Council Chambers, 

City Hall, with the following members present: Jeanne Mills, John Caupp, Dale Louderback, 

William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 

INVOCATION: Joanne Tarver, Greater Grace Church of Springfield, gave the invocation after 



Louderback, to approve the July 14, 2010, Special/Executive Session minutes as written. No 




Motion by Councilman Louderback, seconded by Councilman Smith, to approve the July 22, 


following: 



Motion by Councilman Caupp, seconded by Mayor Bayless, to approve the July 29, 2010, 


following: 


Abstain: Louderback 





Wendell Cultice, 885 S. Detroit Street, said he and his bride, Rebecca, located to Xenia in 2006 

from Fairfield County, Connecticut. Two years ago they were queried about renovations at 

Spring Hill Park and he was happy to answer the questionnaire. He was also happy to say that he 

emphasized playground equipment was needed and was glad someone read the questionnaire he 

returned. They are here tonight to commend Council on the quality of the recent park 

renovations. They reside in an area where families using that park go by their house on the way 

there and traffic has increased. Entire families go there to play basketball and use the equipment. 

They personally have been walking in the park and have noticed others utilizing the equipment. 

Having been in school administration for 25 years in four different states, he understands when 

improvements are made on a municipal facility, there are those who will say they expended 

funds in the wrong place, but he personally believes Council is on the right track. He believes 

our most precious natural resource in this country is our children, not oil, gold, or silver because 

our children are going to inherit all of our institutions, our wealth, and everything we have. 

Currently many children are overweight and need a place to play. He remembers a time when 

parents told their children to go outside and play and children did not ask why. This area is 

fortunate to have this type of equipment at Spring Hill Park. He and his wife would be glad to 

assist where needed with that park and will be offended if they are not contacted. He thanked 

Council for the opportunity to address them. 

President Felton said she appreciated Mr. Cultice’s comments and agreed Spring Hill Park is a 

nice park. She asked him to call the Police Department if he or his wife sees anything that seems 

wrong at the park. Mr. Cultice said they would be glad to do that. He was glad Spring Hill Park 

is wide open from the street to the back because that makes it easy to see what is going on. He 

was glad the original public restrooms were removed because that can cause problems. President 

Felton noted the City is having problems with vandalism at Shawnee Park and Xenia Station. 

They are asking neighbors to keep an eye out, and if they see mischief to call the Police 

Department. 

Ted Maurer, 608 N. Galloway Street, said he has been trying to attend as many Council meetings 

as possible since the May tax levy so he will have a better understanding of how he needs to vote 

on the November tax levy. He used information from the newspaper, the Internet, pamphlets he 

received in his utility bill, and conversations with interested citizens to help form his decision. 

All those sources led him to vote “no” on the May ballot. Now that the levy is going back on the 

ballot, he is trying to make a better decision and understand what is prompting Council to so 

diligently push for tax increase revenue rather than finding ways to work within the City’s 

budget. It was said at a recent Council meeting that if anyone has a better idea other than a tax 

increase, Council would like hear it. Although he appreciates Council’s willingness to listen to 

the people, he feels part of the City Manager’s responsibility is to come up with those 

alternatives. So far the only alternative solution he has heard is a tax increase. He was not 

saying one simple answer will fix everything because it will not. However, he thinks there are 

other areas where they need to direct their focus and time. 

Considering the City’s revenue decrease of $600,000 from 2008 to 2009 and with our City 

Manager estimating another possible decline this year, Mr. Maurer felt a tax increase was not the 

best answer—just the easiest temporary answer. With unemployment at 10.5% to 11% in


Greene County, and many citizens who are lucky enough to still have jobs taking reduced hours, 

pay, and benefits, he did not think it was fair to raise taxes on people that are already going 

through so much. He personally thinks the lost revenue needs to come back through economic 

growth and not through increased taxes. The City Manager stated the levy will generate $2.5 

million with $500,000 for streets, $500,000 for capital improvements, and $1.5 million for the 

fire and police. Citizens need to know how that $1.5 million breaks down in terms of pay, 

benefits, pensions, equipment, or just extra money to use for side projects. He feels the police, 

firefighters, and their unions need to understand the hardship in which they are putting our city. 

From 2004 to 2009, spending in the safety sector for fire and police has increased $2 million. 

Even with passage of the levy, without economic recovery and growth, in five years they will 

have spent $1.5 million per year and will need more each year; therefore, we will find ourselves 

facing the same dilemma. It is time for the police, firefighters, and their unions to discontinue an 

increase on pay and benefits until the Xenia economy catches up with their pay and benefits. 

The next time these contracts are up for negotiation, they need to be scaled down to what the 

City can actually afford, and something that is more proportionate to the growth rates and 

economic standing of the City. He appreciated Councilman Louderback’s comments about how 

the firefighters accepted a raise rather than keeping their fellow firefighters working. If there is 

any one group that is putting the City’s safety at risk, it is not the taxpayer’s “no” vote, but the 

firefighters, police, and their unions. 

Mr. Maurer said he will vote “no” again in November if they are again confronted with the issue 

of the City tax increase and he hopes others will also vote “no.” He hopes City Council listens to 

the majority of voters this time so they can begin to protect Xenia’s future. The people spoke in 

May with their “no” vote. He challenged City Council to come up with a better plan of action 

rather than just pushing the City plan that was already rejected. 

President Felton asked Mr. Maurer to meet with the City Manager and Finance Director to discuss 

what has already been done, and the number of employees that were laid off in addition to police 

and firefighters. It is not that they have not worked on it, but they are doing the best they can. 

They think they did it right, but Mr. Maurer may see something else that can be done. If he does 

not get the information he wants, let her know, but she hopes he gets all his questions answered. 

Ralph Doster, 1636 W. Second Street, said he saw the City Manager on television discussing the 

West Main Street Enhancement Project between Allison Avenue and Progress Drive. He feels 

that is a waste of money when the City does not have money to keep Fire Station 2 open. That 

road was built in 1953, and all those houses back up to it. The next thing they will want to do is 

install new street lights all the way to Dayton, and he is against it! President Felton asked 

Mr. Doster to stay for the rest of the meeting to hear the agenda items addressing the project. 

Mr. Doster said everyone is saying the federal government allocated that money, but he does not 

agree with it. Instead of spending money on something that is needed, they are just throwing 

money away. After the 1974 tornado, Xenia received money from the federal government and 

spent it unwisely. He is 80 years old, and it may not make a difference to anyone, but he cannot 

see throwing money away. 


Traffic Commission: Councilman Smith said the August meeting was cancelled due to 

lack of agenda items. The next meeting will be the first Tuesday in September (due to the Labor 

Day holiday on Monday, September 6 th ).



meeting due to lack of agenda items. He announced the August 5 th Xenia Planning and Zoning 

Commission meeting was rescheduled to Thursday, August 19 th at 7 p.m. 

Board of Zoning Appeals: Mayor Bayless said BZA met on July 26 th and approved two 

variance requests: (1) approved a variance request to continue non-conforming use of a farm and 

structure at 1017 Stevenson Road, filed by John and Renee Lamont; and (2) approved a variance 

for an accessory structure at 2075 Mississippi Drive filed by Barry E. Burke. 





Introduction of an Ordinance amending XCO Part Eight – Business Regulation and 

Taxation Code, Title Four: Taxation, Chapter 878: Definitions and Chapter 880: Income 

Tax to create an income tax rebate program. Mr. Percival noted this agenda item was 

originally discussed at the July 8 th work session. He respectfully requested that Council 

introduce an ordinance that would allow any non-retail business that is generating $1 million or 

more in new payroll to the City to be eligible for a rebate of a portion of their income tax their 

employees are paying to the City for five years, if they commit to staying in Xenia for at least 10 

years. The rebate agreement would contain claw back provisions if the company left prior to the 

10-year period or significantly reduced their payroll below that $1 million level. At least 20 

percent of the jobs created would have to be held by Xenia City residents. If a company adds the 

requisite number of employees, they would receive a rebate equal to the “one percent” portion of 

the 1.75 percent collected. The Program would rebate a portion of income taxes collected from 

non-retail businesses creating at least 45 new full time jobs with a wage of 150 percent of the 

federal minimum wage (which equates to $10.88/hour) or 20 jobs at 400 percent of the federal 

minimum wage (which equates to $28/hour). They want businesses to come in and create new 

jobs and new payroll in our community. The program is an incentive to attract new businesses 

and to assist existing businesses with employment expansion. This is just another tool to help us 

work with our business partners and will allow the City to give them something back as they 

invest in our community. 

President Felton entertained comments. 

Councilman Caupp commented that citizens are constantly asking what Council is doing to 

entice businesses to come to Xenia and to bring jobs to our City. On the flip side, when Council 

does something like this, they are questioned about the City needing the tax revenue, but they are 

giving half of it away. These are the types of programs that keep our City competitive with all 

our surrounding communities, and things that are necessary to stay competitive with other 

municipalities in the area. He felt this program would be a good thing. The City also offers 

businesses tax abatements. This will be an income tax rebate program but the City will still 

receive taxes from new businesses that come into the City. This is just another tool to entice 

businesses to come to the City for the economic growth of the City.


Councilman Louderback said what this city, this state, and this country needs is jobs. He is in the 

real estate business. Even if the interest rate is 0%, if you do not have a job, you cannot buy a 

house. He is very pleased with the income tax rebate program, because what we need in this town 

is new jobs and we need to grow our existing base. He is very much in favor of the program. 

Vice President Mills said many people say the only opportunities are for new businesses, but this 

income tax rebate program is also for existing businesses. At least 20 percent of the jobs would 

have to be held by Xenia City residents, which is very important. She is very excited about the 

program. 

Councilman Caupp noted the qualifying businesses would be for non-retail businesses involved 

in manufacturing, distribution, research and development, or technology firms. Mr. Percival 

agreed. 

Councilman Caupp introduced an ORDINANCE AMENDING PART EIGHT – BUSINESS 

REGULATION AND TAXATION CODE, TITLE FOUR: TAXATION, CHAPTER 878: 

DEFINITIONS AND CHAPTER 880: INCOME TAX OF THE CODIFIED ORDINANCES OF 

THE CITY OF XENIA, TO CREATE AN INCOME TAX REBATE PROGRAM, and it was 

read for the first time. 

Award of Bid for Xenia City Fire Station #31 (aka #1) Sprinkler System Project. 

Mr. Percival noted the Fire Division received a Fire Act Grant for the retrofitting of an automatic 

sprinkler system at Fire Station #1 at 225 East Main Street. He respectfully requested that Council 

award the bid for the retro-fit installation of a fire sprinkler system at Fire Station #1 to Central Fire 

Protection Co., Inc., and authorize him to enter into a contract and issue a Purchase Order in an 

amount not to exceed $50,094. He noted Fire Chief Leaming was available for questions. 

Motion by Councilman Louderback, seconded by Vice President Mills, to award the bid for the 

retro-fit installation of a fire sprinkler system at Fire Station #31 (aka Fire Station #1) to Central 

Fire Protection Co., Inc., and authorize the City Manager to enter into a contract for said work 

and issue a Purchase Order in an amount not to exceed $50,094.00. Discussion followed. 

Councilman Louderback felt the safety and security of all our employees must be #1 on 

Council’s list, and he very strongly supports this. 

Councilman Caupp noted the City is not spending $50,000 on this project. The City received a 

grant and is paying a 10% match or $5,009.40. 

Vice President Mills noted this money is exclusively for the sprinkler system and cannot be used 

for salaries or any other needs of the Fire Department. Grants are awarded for very specific 

items. She wished they could take the money and spend it where they feel it is necessary, but it 

is hard to turn away money on other items that are needed, and this is one of those. 

President Felton asked under which agency the Fire Act Grant falls under. Chief Leaming said 

the Fire Act Grant is awarded under FEMA. 



Nays: Miller motion carried.


Councilman Miller said he voted ‘nay’ because he did not believe in spending tax dollars just 

because it is given “free”. We have firefighters who know how to put out fires. 

Emergency Resolution Authorizing the Award of the Bid for West Main 

Enhancements Phase I. Mr. Percival noted in October 2006, the City of Xenia applied for and 

was awarded Transportation Enhancement (TE) Funds through the Miami Valley Regional 

Planning Commission to install enhancement landscaping along West Main Street from Progress 

Drive to Allison Avenue on the north side of the roadway. A new entrance sign will also be 

installed at the southeast corner of Progress Drive and W. Main Street that will improve that 

entire intersection. 

On Tuesday, July 5, 2010, the City received competitive bids from four (4) qualified contractors 

to construct these improvements. The budget for this project was originally $381,700, but the 

actual lowest bid for Phase I was $309,382.49. Because the design of these enhancements was 

completed in 2009, this project was eligible to receive ARRA funds to abate the local share 

(financial) commitment. The following summarizes the funding for this project: 

ARRA (Federal) $295,139.68 

Transportation Enhancement (Federal) $ 59,027.94 

Local (City of Xenia) $ 15,756.98 

Total: $369,924.60 

In essence, the City is getting almost $350,000 worth of improvements for $15,000. 



the City Manager to enter into a contract with Stone Creek Landscaping, Inc., of Centerville, 

Ohio at a not-to-exceed cost of $309,382.49 for the West Main Enhancements Phase I. 


ENTER INTO A CONTRACT WITH STONE CREEK LANDSCAPING, INC. OF 

CENTERVILLE, OHIO AT A NOT-TO-EXCEED COST OF $309,382.49 TO CONSTRUCT 

THE WEST MAIN ENHANCEMENTS, PHASE I, AND DECLARING IT TO BE AN 

EMERGENCY. 




Councilman Miller said he understood the comments made during Audience Comments, but he 

would like to defend the project. As a realtor, not only do you want the house you are trying to 

sell to look good, but you also want the neighborhood to look good. They are trying to sell and 

market Xenia so new businesses come to town and old businesses stay in town. As long as he 

has been on Council, he felt they have spent money wisely. They chose to redevelop Spring Hill 

Park and to allocate money to complete the park over time. This enhancement project will give 

Xenia the upper edge when a company visits the City’s website or wants to see a business site 

when they come to Xenia. We don’t get a second chance to make a good first impression. When 

they redevelop an area, they want to do it right the first time, and this is the first step. He 

realized the City and State have lost jobs, but they have to put their foot down and decide when


they want to stop losing and start winning and this is one step they are winning. They have to 

market the City and put a positive picture out there. He will vote ‘aye’ on this project as well as 

the next one. 

Councilman Caupp said he could not agree with Councilman Miller more. Sometimes people 

tend to say Council is more concerned about marketing the City than keeping the current citizens 

happy, but that is far from the truth. As Mr. Cultice said very well this evening, they made his 

neighborhood more attractive, and he and his wife are happy with the results. He thought 

everyone coming into Xenia will be happier when they see this project completed. The City will 

look much nicer, but it is not just for marketing the City, but also for current residents. 

Councilman Caupp referenced the Phase I Bid Tabulation, Page 3, Item 638-63900, Special - 

complete irrigation system. He asked if that system was just for the corner or for the entire 

section. Mr. Berger said the irrigation system is just for the corner where the entrance sign is 

located so staff does not have to bring out a water tank to maintain it. Councilman Caupp noted 

the Phase II Bid Tabulation, Page 3, Item 662-30101 – landscape watering was also included. 

Mr. Berger said there is a significant amount of landscaping surrounding the entrance sign and 

the irrigation system will service that area only, but not the rest of the section. Staff will have to 

bring in a water tanker to service the remaining landscaping. Mr. Percival said they do not have 

the ability to water the entire area with an irrigation system because there are no water mains in 

that area. Councilman Caupp said that was his original concern a long time ago. 

Councilman Louderback said he understood what Mr. Doster was saying earlier. Accounting for 

federal money that trickles down to the City drives him crazy. He would much rather take 

$369,000 and fix the Shawnee Park retaining wall or use it to call back the 24 employees that 

were laid off, but unfortunately that is out of their control. They cannot transfer $1.5 million 

from the Water and Sewer Funds to use somewhere else. He does not completely understand the 

accounting – it is just too complicated for him. The public may question why they are spending 

$369,000 for the West Main Street Enhancement Project when that money could be used to do a 

lot more for the City, but their hands are tied. He agrees with the project because it will be good 

for the City. If he had a choice, he would rather do more with that money, but it is out of his 

control. 

President Felton noted just like the grant money that paid for the Spring Hill Park renovations, 

grant money will pay for this project. 





10-S be now passed. No discussion followed. The Roll on this was the following: 



Emergency Resolution Authorizing the Award of the Bid for West Main 

Enhancements Phase II. Mr. Percival noted in October 2007, the City of Xenia applied for and 

was awarded Transportation Enhancement (TE) Funds through the Miami Valley Regional


Planning Commission to install enhancements along West Main Street from Progress Drive to 

Allison Avenue, mostly along the center of the roadway. This is a companion to the project just 

discussed. At one point, the two projects were going be completed separately and were going to 

take one to two years to complete, but with the advent of the ARRA funding, they were able to 

have both projects done simultaneously. As such, the following summarizes the funding for this 

project: 

ARRA (Federal) $282,044.00 

Transportation Enhancement (Federal) $ 56,408.81 

Local (City of Xenia) $ 14,102.20 

Total: $352,555.01 

The City is getting over $350,000 of improvements completed for $14,000. Both Phase I and 

Phase II were bid at the same time. Examination of the bid tabulation shows that Evans 

Landscaping, Inc. of Cincinnati, Ohio, submitted the lowest and best bid of $331,162.60 for 

Phase II. 



him to enter into a contract with Evans Landscaping, Inc., of Cincinnati, Ohio at a not-to-exceed 

cost of $331,162.60 for the West Main Enhancements Phase II. 


ENTER INTO A CONTRACT WITH EVANS LANDSCAPING, INC. OF CINCINNATI, 

OHIO AT A NOT-TO-EXCEED COST OF $331,162.60 TO CONSTRUCT THE WEST MAIN 

ENHANCEMENTS, PHASE II, AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Councilman Caupp, seconded by Mayor Bayless, that the rules requiring the reading 


once upon its passage. Discussion followed. 

Councilman Caupp noted the Bid Tabulations for both projects include special landscaping 

maintenance for two years. He asked if that meant Stone Creek Landscaping and Evans 

Landscaping would maintain the landscaping for two years. Mr. Percival said that was correct; it 

is a maintenance bond for the landscaping. 




Motion by Councilman Caupp, seconded by Mayor Bayless, that Resolution Number 10-T be 




Emergency Ordinance relative to City Hall HVAC Repairs. Mr. Percival respectfully 

requested that Council approve an emergency ordinance to waive competitive bidding for the 

emergency repair of the City Building’s HVAC System and authorize a purchase order,


retroactive to August 3, 2010, to Waibel Energy Systems to repair the HVAC System in an 

amount not to exceed $14,366. 

Mr. Percival said last week when it was about 95 degrees, the HVAC system at City Hall failed 

due to the loss of a compressor on one of the air handler units. Emergency repairs were 

necessary because the building became very hot in a very short time. The Assistant City 

Manager asked what they should do. He told him to get the HVAC system repaired, and those 

repairs were completed on an emergency basis. He respectfully requested that Council approve 

an emergency ordinance to waive competitive bidding for the emergency repair of the City 

Building’s HVAC System and authorize completion of the repairs. 

Vice President Mills presented an ORDINANCE WAIVING COMPETITIVE BIDDING FOR 

WAIBEL ENERGY TO REPAIR THE HVAC SYSTEM AT CITY HALL, AND DECLARING 





Councilman Louderback thought extensive repairs were made to the HVAC system at City Hall 

a year ago. Mr. Percival said a year ago all the thermostats were replaced, but the vendor did not 

replace the air handlers. Councilman Louderback clarified these repairs were unrelated to the 

HVAC upgrade completed a year ago. Mr. Percival said that was correct. These repairs were 

done to the external system; everything done earlier was on the internal system. 

Vice President Mills said not only was the heat uncomfortable for employees, but the heat could 

also have caused equipment to overheat resulting in the loss of computers, etc. 








Items for the City Manager: Councilman Smith noted Council met on July 29 th and a 

motion was passed that everyone that serves as a volunteer on a City Board or Commission must 

attend mandatory Ethics Training and sign a Code of Conduct to be a member of that Board or 

Commission. If the volunteer does not go through the training or sign the form, they should be 

removed from their Board or Commission. 

Motion by Councilman Smith, seconded by Vice President Mills, to put a 90-day moratorium on 

the above requirements until Council can clarify some of the verbiage. No discussion followed. 






Refinancing of 2000 General Obligation Bond Issue for paying off unfunded pension 

liability for police and fire and street improvements in the Industrial Park. Mr. Bazelak 

said these bonds are callable and eligible to be refunded/refinanced. The current interest rate 

environment makes it financially advantageous to do the refinancing. The City expects to save 

approximately $70,000 to $80,000 over the next ten years due to the refinancing of the 2000 

General Obligation Bonds. 

Mr. Bazelak respectfully requested that Council entertain three motions: 

Action 1. By motion award the contract for Bond Counsel to refund/refinance the 2000 General 

Obligation Bonds to Peck, Shaffer, and Williams in a not-to-exceed amount of $8,500. 

Action 2. By motion award the contract for Underwriter services to refund/refinance the 2000 

General Obligation Bonds to Fifth Third Securities Inc. in a not-to-exceed amount of $15,000. 

Action 3. Introduction of a bond ordinance to issue bonds in the not-to-exceed amount of 

$925,000 to refund/refinance the 2000 General Obligation Bonds that mature in 2020. 

Motion by Councilman Louderback, seconded by Councilman Miller, to award the contract for 

Bond Counsel to refund/refinance the 2000 General Obligation Bonds to Peck, Shaffer, and 

Williams in a not-to-exceed amount of $8,500 effective the same day as the bond ordinance. No 




Motion by Councilman Miller, seconded by Vice President Mills, to award the contract for 

Underwriter services to refund/refinance the 2000 General Obligation Bonds to Fifth Third 

Securities Inc. in a not-to-exceed amount of $15,000 effective the same day as the bond 

ordinance. Brief comment followed. Councilman Miller thanked Mr. Bazelak for saving the 

City money. The Roll on this was the following: 



Councilman Louderback introduced an ORDINANCE AUTHORIZING THE ISSUANCE OF 

NOT-TO-EXCEED $925,000 OF BONDS FOR THE PURPOSE OF REFUNDING THE 

CITY’S VARIOUS PURPOSE BONDS, SERIES 2010 DATED AS OF JUNE 1, 2000, AND 

MATTERS RELATED TO SUCH BONDS, and it was read for the first time. 


Motion by Councilman Louderback, seconded by Mayor Bayless, to approve payment of bills 

totaling $698,928.15. Discussion followed. Vice President Mills commented on the following 

expenditures: 

Page 2 – Beavercreek Rentals Inc. at $89.98 for tool rental. She did not know if it was possible to 

start using Xenia Tool Rental instead of a Beavercreek company. Mr. Percival said he would 

look into it.


Page 6 – Dryden Builders Inc. at $45,103 for the police training building on Ford Road. She 

noted the expense was paid from drug recovery money and cannot be used for anything but to 

enhance training for the Police Division. Mr. Percival said drug recovery money cannot be used 

to offset operating costs. 

Page 14 – Staples Advantage at $183.39 for office supplies. She felt Geyer’s Office Supply could 

have provided the items. Mr. Percival noted the Xenia Municipal Court purchased the items. 

Vice President Mills wondered if Council could suggest that XMC use Geyer’s Office Supply. 

Councilman Louderback said he already spoke with the XMC Judge about this issue, but it did 

not work. President Felton said the XMC Judge can do what he wants to do; however, our staff 

has been good about using Geyer’s Office Supply. President Felton said staff is encouraged to 

use Xenia companies as long as the prices are competitive. Vice President Mills agreed. 





Law Director’s Office: President Felton thanked Adolfo Tornichio for attending the 

meeting for Mr. Lewis. Mr. Tornichio noted he had the opportunity to eat lunch at the Corner 

Restaurant that is back in business, which he believes is a real asset to this community. 




READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller said last 

week his son, brother, sister, and he took their annual vacation on the Appalachian Trail. They 

completed the highest peak in North Carolina, but cut the trip short due to the unbearable heat. 

Thankfully, they saw no bears this year. He congratulated his daughter, Jillian, as well as 

Morgan Wickline, for receiving awards at the Greene County Fair for their rabbits. His daughter 

also learned how to judge rabbits and won a medal for doing so. She did a great job and he is 

really proud of her. 

Councilman Smith said he attended the Greene County Fair last Tuesday with his daughters and 

they had a great time. He appreciated all the efforts made by the Greene County Fair Board. He 

reminded citizens that Xenia High School athletics will be starting soon. The first Buccaneer 

football game is an away game at Carroll High School on August 28 th . The first home game is 

September 3 rd . There is a scrimmage game on Friday, August 13 th at Cox Field. He wished the 

Buccaneers a lot of success. Simon Kenton and McKinley Elementary Schools are already in 

session, so please watch out for school buses and drive slowly. 

Mayor Bayless said on August 1 st she attended the Interfaith Hospitality Network dedication, 

which was a wonderful event for such a worthy cause. The event had a good turnout on such a 

hot day. She applauded everyone who volunteered and worked to bring that project to fruition. 

She missed “Music in the Park” on August 1 st due to her family reunion. On August 6 th she 

attended the Dayton Development Coalition breakfast, which is a gathering of businesses in the 

Miami Valley region. They gave an overview of job creation, water resources, and the impact


Wright-Patterson Air Force Base (WPAFB) has on our area, which is tremendous as far as job 

creation. WPAFB has the aerospace industry, human sciences, healthcare, advanced technology, 

alternative energy, and is basically a city within itself. It was a really good meeting and it was 

encouraging to hear there is some hope for jobs in our area. She announced that Dr. Robert 

Groves, Director of the U.S. Census Bureau, honored former City Planner Nimfa Simpson with a 

plaque thanking her for partnering with the U.S. Census Bureau to achieve a complete and 

accurate census count for 2010. She was also involved in the 2010 census and was happy to 

receive the plaque on behalf of the City. She presented a proclamation honoring the 100 th 

birthday of Xenia resident Ruth McGlaun on Wednesday, August 11 th (her birthday was 

August 9 th ). Although Ms. McGlaun is 100 years old, her mind is sharp and she lives 

independently. 

Vice President Mills noted traditional schools will open August 25 th , so residents should allow 

extra time due to the school buses. She attended First Fridays downtown on August 6 th . 

Residents do not need to go elsewhere to receive spa treatments because Xenia’s Emerald Loft 

has wonderful spa packages. Who knew we had Jo Magazine here in Xenia, Ohio. The 

magazine was launched in February 2010 and is going national in September 2010. The 

magazine highlights the careers of women in the music, entertainment, film industry, and the 

entertainers behind the scenes. For more information, visit their website at 

www.jomagazineonline.com. Mayor Bayless said she invited the editor to attend a Council 

meeting. Vice President Mills thanked the Xenia Daily Gazette for sharing positive information 

and for covering the rededication of Spring Hill Park. Community Development Block Grant 

money was used to pay for the renovations. The park is still considered a work-in-progress. 

Next year the city intends to add an open air shelter, picnic tables, benches, trash receptacles, 

signage, grills, and bicycle racks and hopes to accomplish that with additional CDBG money. 

She then read a thank you note from a resident who was awarded a Beautification Award 

recently. She thanked the Xenia Kiwanis for weeding the flowerbeds on the hill along N. Detroit 

Street and around the Armory; they did a marvelous job. She also thanked Xenia Rotary for 

allowing her to speak about what a great town Xenia is. 

Councilman Louderback said he stopped and talked to Harold Hanlin, Steve Martin, and Shelley 

Bartix who weeded the flowerbeds on N. Detroit Street. That area was really looking bad. 

Kudos to all of them! 

Mayor Bayless said while walking at Shawnee Park, she met a couple who were weeding around 

the front entrance to the park. She took a picture of them and sent it to the Gazette. She thought 

it was really nice that citizens who see a need step up to the plate. 

Councilman Caupp noted tonight Council approved more projects that are funded from grant 

money, but Council keeps getting hammered about why they are spending money on some 

projects and not others. He felt the projects were great, but they could not do them without grant 

money. It is not free money coming to the City – it is the tax money that citizens pay to the 

federal government. If we do not accept those funds, other surrounding communities will and 

put them to work in their cities. Citizens should be thankful they are trying to get federal and 

state tax dollars coming back to the City to enhance everyone’s lives. Councilman Miller stated 

staff applied for the TE grants in 2006 and 2007. Councilman Caupp noted the new Subway on 

N. Detroit Street broke ground, the Dairy Dream is coming along, Los Mariachis is expanding, a 

new body shop broke ground on Cincinnati Avenue, the Corner Restaurant reopened, and Xenia


China Inn is expected to reopen later this year. They are happy to see new businesses opening in 

Xenia. Lastly, he wished his father a “Happy Birthday.” 

Vice President Mills noted Fox Antiques will expand on East Main Street to include furniture. 

Councilman Louderback said Councilman Caupp and Vice President Mills already talked about 

all the new businesses and expansions he was going to discuss! 

President Felton thought the 175 th Greene County Fair was fun. She hates that Old Fashioned 

Days was cancelled this year, but vendor participation decreased and hard economic times have 

forced local sponsors to cut back. She hopes everyone including the City will be in better 

financial shape next year and that the event will return in 2011. They must have security for the 

event so everyone will be safe. She is glad First Fridays has been a big success because we need 

to draw people downtown. Fulmer’s will reopen under a different name. The new business will 

stock canned goods and dry goods, but she does not know when it will reopen. Local people and 

senior citizens need a grocery store downtown. When she was a child, there were small grocery 

stores on every corner and residents did not have to go far or walk through huge grocery stores. 

Even though she has lived all over the United States, Xenia is the best place in the world to live. 

Many cities are in financial trouble, but she has never seen it this bad. Council works diligently 

to save money and staff must be accountable for what they spend. Employees are stressed out 

and working extra hours doing the job of several positions due to the recent layoffs. If you see 

employees out working, she would appreciate it if citizens would say “thank you.” It would 

boost their morale. It means a lot that somebody came to the meeting and let them know that 

they appreciate what was done at Spring Hill Park. The Appointed Officials run the City and 

employees are accountable to them. It is hard for new members of Council to learn how the City 

works and to understand how funds are restricted. There are a lot of issues, but they are more 

than happy to open the financial books and explain what is going on with the City; nothing is 

kept a secret. She appreciated citizens’ interests and those who spoke tonight. If citizens have 

questions, please call any of them to get an answer. 

Councilman Louderback clarified Old Fashioned Days is organized by a volunteer group (Old 

Fashioned Days, Inc.) … not the Chamber of Commerce and not the City of Xenia. A lot of 

citizens think it is a City of Xenia function. Mr. Percival stated the Old Fashioned Days 

Committee is responsible for the event. Councilman Louderback noted the City supported the 

event by providing police security. President Felton said she always enjoyed the parade and the 

event, but the biggest problem is there were no vendors this year. Hopefully, things will be 

better next year. 



following: 










6:30 p.m. 

The Xenia City Council met in an Executive Session on August 26, 2010, at 6:30 p.m., in the 


John Caupp, Dale Louderback, William R. Miller, Wesley Smith, and Marsha J. Bayless 




following: 





7:00 p.m. 

At 7:13 p.m., the Xenia City Council met in a Regular Session in the City Council Chambers, 

City Hall, with the following members present: Jeanne Mills, John Caupp, Dale Louderback, 

William R. Miller, Wesley Smith, and Marsha J. Bayless 




Vice President Mills apologized for starting the meeting late but Council has been in Executive 

Session since 6:30 p.m. 

APPROVAL OF MINUTES: Motion by Councilman Smith, seconded by Councilman Miller, 

to approve the August 12, 2010, Executive/Regular Session minutes as written. No discussion 




Motion by Councilman Miller, seconded by Councilman Louderback, to excuse President Felton 

from the meeting due to illness. No discussion followed. The Roll on this was the following: 



AUDIENCE COMMENTS: Vice President Mills explained the procedures for audience 

comments and invited anyone who wished to speak to come forward.

XCC Meeting Minutes, August 26, 2010, Page 2 

Gregory L. Thacker, Walter Sellers Apartments, 270 Mt. Vernon Drive, said he would like to 

distribute 10 petitions he collected Monday about installing curb cuts on Mt. Vernon Drive and 

Ledbetter Road to the parking lot across the street to make it safer for handicapped residents to 

get to the food pantry and other government agencies. The signatures of homeowners are on the 

second sheet and signatures of Walter Sellers Apartments residents are on the first sheet. Some 

homeowners did not answer their doors, and one gentleman who lives on a corner lot stated he 

did not sign [any] petitions. He would like to get the curb cuts done as soon as possible. 

Residents agreed with him that Mt. Vernon Drive is a high traffic area due to the three apartment 

buildings. He would like to help people in wheelchairs get off the streets and onto the sidewalks, 

which is all he is asking of Council. Councilwoman Mills asked Mr. Percival to check into 

Mr. Thacker’s concern. Mr. Percival agreed to do that. 

Wendy Crawford, an advisor from the Ralph H. McMillan Chapter of the Order of DeMolay, 

said DeMolay is a Masonic youth group for young men ages 12 to 21. As part of their obligatory 

days, they are encouraged to attend a local City Council meeting. The three Chapter members 

present tonight are Master Counselor/Chapter President John H. Harshbarger IV, Paul 

Harshbarger, and Sam Crawford. These young men represent the future of our country, our 

leadership, and everything we do, which is why she gives her time to them. They are here to 

learn about what Xenia City Council does. Vice President Mills invited the three Chapter 

members to come to the podium and introduce themselves. John Harshbarger said he is a Master 

Counselor of the Ralph H. McMillan Memorial Chapter of the Order of DeMolay and it was a 

pleasure to be here tonight. Paul Harshbarger said he is a Senior Deacon of the Chapter. Sam 

Crawford said he is a member of the Chapter and it was a pleasure to be here. Vice President 

Mills said she was pleased they were able to join Council this evening. (Applause followed.) 

Charles Huff, 1136 N. Detroit Street, thanked Council for their friendship and the job they do. 

He said they need to pray for President Felton. 


Planning & Zoning Commission: Councilman Caupp said the XPZC met on 

August 19 th and following a public hearing, Commissioners endorsed to City Council a Major 

Amendment to Progress Center PUD. Commissioners also continued to review the proposed 

draft of the Community Design Guidelines. Several changes were made to that document over 

the last few months based on input from current Commissioners and a former Commissioner. 

The XPZC made a motion to send the Guidelines to the City Law Department for legal review; 

they hope to hold a public hearing at the October XPZC meeting. Following that public hearing 

process and a Council work session, a public hearing will be scheduled in front of Council. He 

announced that Mr. Fred Hall was elected the new Vice Chair of the XPZC. 

Mayors & Managers: Mayor Bayless said since meetings are not held in the summer, 

the next meeting will be in September. 


Board of Directors met on August 5 th . MVRPC applied for a 2010 Sustainable Community 

Regional Planning Grant. It is a joint program through HUD, USDOT, and USEPA to conduct 

regional integrated planning, which includes housing, land use, economic and workforce


development, transportation and infrastructure investment. They hope to get between $500,000 

and $5 million for this grant. He hopes Greene County and Xenia can participate if they get the 

grant. 


did not hold a regular meeting in August, but met at Spring Hill Park to participate in the 

rededication ceremony. She will have a report next month. 

ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Caupp noted Mr. Thacker has 

addressed Council several times regarding the need for curb cuts in the south end of Xenia, and 

he would like to see if they could possibly use some CDBG funds in that area. They have CDBG 

funds for lower to medium income neighborhoods, and he did not think it would take too many 

funds to complete that project if the area is eligible for them. 

Councilman Smith asked if the lady with a hot dog cart that spoke to Council was granted a 

variance. Mr. Percival said it was arranged for the lady to participate in First Friday’s events. 

Her specific situation is not defined in any City ordinances. Therefore, they need to work with 

the Planning and Zoning Commission to come up with a definition and use standard for that type 

of activity. 




Appropriation Ordinance for November Levy. Mr. Percival respectfully requested 

that Council amend Ordinance 10-06 to make adjustments in appropriations for current 

expenditures for the City of Xenia during the fiscal year ending December 31, 2010. As 

everyone knows, there is a levy on the November 2 nd ballot and two Charter Amendments. The 

City will need to provide information to citizens about these issues and needs to appropriate 

funding for this community outreach effort. The funding would be used for utility billing inserts, 

a direct mailer to the community, signs, and to publish the second Citywide newsletter. 

Mr. Percival respectfully requested that Council waive the second reading of an ordinance at two 

consecutive meetings and pass as an emergency an ordinance to appropriate funding in the 

amount of $15,000 into Fund 101-1013; specifically, $4,000 into line item 101-1013-53930, 

$5,000 into line item 101-1013-53190, $5,000 into line item 101-1013-53290, and $1,000 into 

line item 101-1013-53320 to offset the costs associated with public education and outreach. 





Motion by Councilman Louderback, seconded by Mayor Bayless, that the rules requiring the 


placed at once upon its passage. No discussion followed.









Authorization to Participate in OML Workers’ Compensation Group Rating 

Program. Mr. Percival noted for the past several years, the City of Xenia was eligible to 

participate in the group rating program with the Bureau of Workers’ Compensation (BWC). The 

Group Rating Program is an alternative to traditional rating and reduces premiums to Ohio 

employers. Group Rating allows employers of a similar industry to join together through a 

sponsoring organization, which in this case is the Ohio Municipal League (OML). These groups 

are comprised of employers with better-than-average claim histories allowing the City to pay 

much lower premiums. As shown below, the total estimated savings to the City is $39,658. The 

enrollment fee to participate in the group rating plan for 2011 is $15,360, which is equal to a 

savings of almost $25,000. 

Estimated Individual Rating 

Estimated Group Rating 

Manual Rate Premium Manual Rate Premium 

9431 3.0793 $372,570 9431 2.7601 $342,153 

9439 18.8370 $848 9439 16.8669 $759 

Total Estimated Savings to the City = $39,658 

Mr. Percival respectfully requested that Council authorize him to accept the invitation to enroll 

and participate in the OML Workers’ Compensation Group Rating Plan with an annual fee of 

$15,360. 

Motion by Councilman Miller, seconded by Councilman Louderback, to authorize the City 

Manager to accept the invitation to enroll and participate in the OML Workers’ Compensation 

Group Rating Plan with an annual fee of $15,360. No discussion followed. The Roll on this was 


Ayes: Caupp, Louderback, Miller, Smith, Bayless and Mills 


Mr. Percival thanked Human Resources Director Jackie Potter for the great job she does on 

staying on top of Workers’ Compensation claims. One of the reasons the City is eligible for the 

Group Rating is because Ms. Potter makes sure the City’s best interests are taken into account. 

Councilman Louderback noted 85% of the City’s budget is personnel related (wages and 

benefits). They have been cutting costs where they can, and this is another perfect example of 

how the City is reducing costs where possible. Mr. Percival stated even with the savings, the 

premium is still $342,153 a year. Even though they can control the costs to some degree by


having better-than-average Workers’ Compensation claim histories, they cannot entirely control 

the premium costs. 

Introduction of Ordinance to Waive Competitive Bidding and authorize City 

Manager to enter into Three-Year Agreement for Annual Firefighter Physicals. 

Mr. Percival stated the City is required to provide annual physical fitness surveillance for all 

employees that use self-contained breathing apparatus as determined by the Ohio Administrative 

Code. In 2007, a request for proposals (RFP) was developed and advertised and sealed bids were 

received to determine the best vendor capable of performing on-site physical fitness 

examinations. At that time, Corporate Health of Ohio was selected as the lowest and best bid to 

provide on-site firefighter physicals for a period of three years. 

Number of Employees Cost of Baseline Physical Total 

33 $275 $ 9,075.00 

16 Over 40 yrs. $165 $ 2,640.00 

$11,715.00 

Mr. Percival respectfully requested that Council introduce an ordinance to waive competitive 

bidding authorizing him to enter into a three-year contract with Corporate Health of Ohio for the 

purpose of providing firefighter physicals for the Xenia Fire Division for $275 per base physical 

and $165 each for cardiac stress tests for employees over 40 years of age. 

Councilman Smith noted firefighters have health insurance. His health insurance company 

allows him to have a physical. He wondered if the firefighters’ could use their health insurance 

company to off-set some of the costs for the physicals. Fire Chief Leaming said unfortunately 

the Ohio Administrative Code requires that the employer provide those physicals. He 

understood health insurance companies provide physicals, but not all employees have health care 

coverage through the City of Xenia. They could look forward to that in the future, but the way 

the current law is written, the City must provide those physicals. 

Councilman Caupp noted the current rate is $15 less per employee than the previous rate [$285 

versus $290]. Chief Leaming said that was correct. Corporate Health of Ohio contacted them 

and offered a rate commensurate with what they offered the Dayton Fire Alliance, in which the 

City is not a participant. It is a very good value, which why they locked in the rate three years. 

Councilman Caupp introduced an ORDINANCE WAIVING COMPETITIVE BIDDING FOR 

THE SERVICE OF PERFORMING ANNUAL FIREFIGHTER PHYSICALS AS REQUIRED 

BY THE OHIO ADMINISTRATIVE CODE, and it was read for the first time. 

Award of Bid for the Purchase of Two Submersible Mixers and various 

Appurtenances for Glady Run WWTP. Mr. Percival respectfully requested that Council award 

the bid for the purchase of two (2) submersible WILO-USA mixers and appurtenances (supporting 

masts and feet, lifting binders, mixer frames, and spare parts) to Sullivan Environmental 

Technologies, Inc., and authorize him to issue a Purchase Order in the amount of $29,975 for these 

items. Competitive bids were received on August 2, 2010, and only one bid was received, which 

was from Sullivan Environmental Technologies, Inc. The budgeted amount was $30,000, and the 

bid came in below that amount. They are very specific in the type of mixers they purchase, which


is why it is critical to continue to use the same mixers that have performed with absolutely no 

mechanical or electrical deficiencies in over 18,000 hours of continuous runtime per unit. He 

noted Utilities Manager Jason Tincu was available for questions. 

Motion by Councilman Louderback, seconded by Councilman Miller, to award the bid for the 

purchase of two (2) submersible WILO-USA mixers and appurtenances to Sullivan 

Environmental Technologies, Inc., and to authorize the City Manager to issue a Purchase Order 

in the amount of $29,975.00 for said purchase. Discussion followed. 

Councilman Miller wondered how many days or years 18,000 hours of continuous runtime 

would be. Mr. Tincu said they get an average of three years of usage per unit, which would be 

approximately 750 days. They began using WILO-EMU after they had issues with less 

comparable mixer manufacturers. Since using WILO-EMU, all their setup, electrical controls, 

and mounting units are uniform. In order for them to stay continuous with that equipment and to 

be able to swap out equipment, they cannot switch manufacturers at this point. WILO-EMU has 

developed the reputation as the leader in submersible products and their equipment is extremely 

reliable. 

Councilman Miller asked if they would get longer service time if they had two mixers and 

switched them out so one was not running continuously. Mr. Tincu said they have a preventive 

maintenance program and everything is rotated to ensure it gets equal usage. They have two 

mixer stations per tank. They are switched out on a quarterly basis to do preventive 

maintenance, and the one on standby is used during that time. Councilman Miller said it 

appeared they were already doing what he suggested. 




Introduction of Ordinance to Revise the Sewer Use Ordinances (XCO §1038, 1044, 

and 1048) to Accommodate EPA Regulatory Requirements. Mr. Percival said this request is 

specifically designed to accommodate new Local Limits for the Glady Run WWTP system and 

the streamlining requirements for the City’s Pretreatment Program. He then asked Mr. Tincu to 

further explain the request. 

Mr. Tincu said staff is requesting the revision of Sewer Use Ordinances for two reasons. The 

first reason is tied directly to the permits at the Wastewater Treatment Plants, which are issued 

through the Ohio EPA. This request is specifically designed to accommodate new Local Limits 

for the Glady Run WWTP system and the Streamlining requirements for the City’s Pretreatment 

Program. Local Limits are required to be established in concert with each National Pollutant 

Discharge Elimination System (NPDES) permit cycle. The general premise of Local Limit 

development is to provide local industries with as much pollutant loading as possible without 

compromising municipal compliance. Local Limits are specific pollutant limits for classified 

Pretreatment Program users that are back-calculated according to the general formulas below: 

Allowable pollutant load at WWTP – background load of domestic waste = allowable pollutant 

load for Local Limits.


Allowable pollutant load for Local Limits / (number of Pretreatment Program user flow times a 

safety factor) = specific Local Limits in concentrations. 

Basically, they want to allocate as much pollutant load to industry to accommodate them as 

much as possible without compromising our regulatory status. Permits are required to be issued 

every five years; the last revision was done in 2004 or 2005. It is a very long process involving a 

lot of sampling, calculation, and negotiations with the EPA to get the language approved. Now it 

is just a matter of introducing the revisions to the Sewer Use Ordinances to accommodate Ohio 

EPA regulatory requirements and adopting them. Once the revisions have been adopted, they 

have to revise the permits they have with industrial users to meet those new EPA requirements. 

Mr. Tincu said the second reason they have to revise the Sewer Use Ordinances is because of the 

new Federal EPA Streamlining regulations. These Streamlining changes affect all WWTPs with 

Pretreatment Programs approved by Ohio EPA and include language, definition, and program 

changes. Because he administered the Pretreatment Program, it is estimated the City saved over 

$20,000 in consulting and engineering fees. 

Vice President Mills entertained further questions from Council. 

Councilman Miller noted they want to give industry a certain number of pounds of mercury to 

ensure it does not put a burden on them. According to the agenda report, 0.0005 mg/l of mercury 

runoff is allowed. Mr. Tincu said some lab genius somewhere in the United States developed an 

analytical method and was able to test mercury down to not parts per million or parts per billion, 

but parts per trillion. To stay uniform and to keep everything in milligrams per liter, which is 

parts per million, it is actually parts per trillion. 

Councilman Miller introduced an ORDINANCE AMENDING PART TEN – STREETS, 

UTILITIES AND PUBLIC SERVICES CODE, TITLE FOUR - UTILITIES, CHAPTER 1038 

DEFINITIONS, CHAPTER 1044 SEWERS GENERALLY, AND CHAPTER 1048 

INDUSTRIAL PRETREATMENT STANDARDS TO ACCOMMODATE OHIO EPA 

REGULATORY REQUIREMENTS FOR LOCAL LIMITS AND STREAMLINING 

REGULATIONS, and it was read for the first time. 

Emergency Resolution Authorizing the City Manager to enter into a Change Order 

with LJB, Inc. for the Jamestown Connector Tunnel Design and establish a new Not-to- 

Exceed Amount. Mr. Percival noted in November 2007, LJB, Inc. was contracted by the City to 

complete the preliminary engineering and construction drawings for the Jamestown Bikeway 

Tunnel that will traverse underneath the US 35 Bypass. During the initial design phase and upon 

the evaluation of the site grading and soil conditions, the City will have no choice but to “open 

cut” the US 35 Bypass in lieu of traditional tunneling mechanisms. According to the City 

Engineer, if they tried to bore the tunnel they would be within 6” of the pavement on US 35, 

which would obviously not support the traffic. This required the development of a Maintenance 

of Traffic (MOT) plan, which was not a part of the original Scope of Services with LJB, Inc. 

With the addition of the development of the MOT plan, LJB, Inc. has proposed a new not-toexceed 

amount of $168,744. The City currently has $147,000 in the budget, requiring a transfer 

of funds in the amount of $21,744, which will be paid by MVRPC, thus requiring no funds be


expended by the City of Xenia. However, a Change Order with LJB, Inc. in the amount of 

$21,744 is necessary from City Council. 

Mr. Percival said once the tunnel is designed, they will not move forward with construction until 

adequate funding is available to pay the costs. The construction project will cost a little more 

than $2 million, but since the City cannot come up with its local share of $450,000, they are not 

prepared to move forward. The critical part is to get the tunnel designed because there are 

agencies that want to see this project completed. They hope others will step up to the plate with 

additional funding so the tunnel can be completed. 

Mr. Percival respectfully requested that Council waive the second reading of the Resolution and 

adopt on an emergency basis and authorize him to enter into a Change Order with LJB, Inc. for 

the Jamestown Connector Tunnel Design, and establish a new Not-to-Exceed amount of 

$168,744. 

Councilman Caupp presented a RESOLUTION AUTHORIZING THE CITY MANAGER 

TO ENTER INTO A CHANGE ORDER WITH LJB, INC. FOR THE JAMESTOWN 

CONNECTOR TUNNEL DESIGN AND ESTABLISH A NEW NOT-TO-EXCEED 

AMOUNT OF $168,744, AND DECLARING IT TO BE AN EMERGENCY. 







10-U be now passed. No discussion followed. The Roll on this was the following: 



Emergency Resolution Supporting the Advantage Sharing Program. Mr. Percival 

said approximately two years ago, Wright State University representatives and others in the 

Dayton Region got together to try to come up with a program that would provide economic 

development help to counties and cities in the Region to develop and move projects forward. 

Initially there was discussion that the counties and cities were going to have to put money into 

this project. If you were awarded a grant from this project, you would have to pay money into a 

kitty that would be used to fund all the other folks in the Region for the project, but that idea was 

shot down. The counties did not want to do it, but there were some municipalities in favor 

because they probably figured they would get the majority of the dollars. In response, the folks 

at Wright State University and others who put this program together went back to the drawing 

board and came up with a program that requires no local or state dollars be used to fund the 

program. 

Mr. Percival said because of the economic situation in the Dayton Region, their desire is go to 

the federal government and request up to $10 million a year for five years to fund this Program.


Each municipality or business will have to apply to the Program for funding. The other part of 

the program is the Job Training portion. The individual companies that receive the funds will be 

required to repay 25% of the funds back to the program, which will be used for job training and 

workforce development programs. 

Mr. Percival noted in the spring he sent information regarding the Program for everyone to 

review. Because this is a multi-jurisdictional effort and there is no cost for the City to support 

this initiative, he respectfully requested that Council waive the second reading of a resolution at 

two consecutive meetings and pass as an emergency a resolution supporting the Advantage 

Sharing Program. A year ago he would have said there was probably significant funding from 

the federal government for this Region because of the significant job losses they have seen. He 

does not know if they can get adequate funding for the Program at this time. However, if they 

can get funding, it would be another tool for the City to use. 

Councilman Miller presented a RESOLUTION REQUESTING AND AUTHORIZING THE 

CITY OF XENIA TO PARTICIPATE IN THE ADVANTAGE SHARING PROGRAM TO 

PROMOTE ECONOMIC DEVELOPMENT IN THE REGION, AND DECLARING IT TO BE 

AN EMERGENCY. 






Motion by Councilman Miller, seconded by Councilman Caupp, that Resolution Number 10-V 




Vice President Mills thanked Mr. Percival and the other municipalities for taking the initiative to 

try to think outside the box to assist one another, particularly since the Dayton Region took a big 

hit with the loss of General Motors and DHL. Mr. Percival said Jack Dustin, Wright State 

University’s Director of the Center for Urban and Public Affairs, deserves a lot of credit because 

he always figured out a way to resurrect the Program and move it forward when they thought it 

was dead. Mr. Dustin did a great job. 

Emergency Ordinance for Negotiating Street Lighting Contract. Mr. Percival noted 

the City is an affiliate member of the Miami Valley Communications Commission (MVCC). In 

the past, the Miami Valley Communications Commission has taken the lead in negotiating street 

light contracts for member cities and affiliates. The MVCC retained M.K. Pope Engineering to 

prepare for the upcoming negotiation and retained attorney Michael McNamee to provide legal 

review to work with DPL Energy to ensure cities in the area are all receiving the best rate 

possible for our street lights. Because the City is part of the larger group, we should receive 

more favorable rates and better service agreements from DPLE.


Mr. Percival respectfully requested that Council pass an emergency ordinance to jointly 

negotiate with other municipalities for electric light services with DPL Energy and Miami Valley 

Lighting. 

Mayor Bayless presented an ORDINANCE EXPRESSING THE CITY’S INTENT TO 

NEGOTIATE JOINTLY WITH OTHER CITIES IN THE REGION ON ONE PRICE 

SCHEDULE UNDER WHICH ELECTRIC LIGHT SERVICES SHALL BE FURNISHED TO 

THE RESIDENTS OF THE CITY FOR THE PURPOSE OF STREET LIGHTING, AND 


Motion by Mayor Bayless, seconded by Councilman Louderback, that the rules requiring the 



Councilman Smith asked if the MVCC negotiated with any energy providers other than DPL 

Energy. Mr. Percival said because of energy deregulation, this will allow them to have the 

ability to negotiate with everybody. However, when deregulation went into effect, it really had 

little to no effect in southwest Ohio because our rates for energy generation are significantly 

lower than rates in Toledo, Cleveland and other northern Ohio cities. DP&L has always 

provided a good option for us on the generation side. Councilman Smith noted he received 

several flyers in the mail from other energy providers. 




Motion by Mayor Bayless, seconded by Councilman Louderback, that Ordinance Number 10-35 











Items for the Finance Director: None.



Emergency Ordinance Transferring Grant Funds from Personnel Funds to 

Operating Funds. Mr. Lewis noted on April 3, 2010, Council was made aware that the Xenia 

Municipal Court upgraded their computer system to include CourtView software. When that 

occurred they were forced to buy licenses for all users. The Law Department and the Victim 

Assistance Program depends on the CourtView software to perform their jobs. The ordinance 

approved in April allocated funds for one license to be used by the Victim Assistance Program to 

be shared by three employees; however, that has not been practical. Based on their request, the 

Office of Criminal Justice Services approved a budget adjustment within the stimulus grant to 

transfer $3,524.00 from personnel to operating so the Victim Assistance Program could purchase 

an additional license. 

Mr. Lewis respectfully requested that Council pass an emergency ordinance allowing the transfer 

of funds totaling $3,524.00 [in 253-5331-51151] from personnel to operating [$2,633 to 253- 

5331-54507 and $891 to 253-5331-53790] to purchase one user software license and one annual 

maintenance for CourtView for the Victim Assistance Program. 

Councilman Caupp presented an ORDINANCE AMENDING ORDINANCE 10-06 TO MAKE 


OF XENIA, OHIO, DURING THE FISCAL YEAR ENDING DECEMBER 31, 2010, FOR 

THE PURCHASE OF A COURTVIEW SOFTWARE LICENSE AND ANNUAL 

MAINTENANCE FOR THE VICTIM ASSISTANCE PROGRAM, AND DECLARING IT TO 

BE AN EMERGENCY. 






Motion by Councilman Caupp, seconded by Councilman Louderback, that Ordinance Number 



Nays: None 



ORDINANCE AMENDING PART EIGHT – BUSINESS REGULATION AND TAXATION 

CODE, TITLE FOUR: TAXATION, CHAPTER 878: DEFINITIONS AND CHAPTER 880: 

INCOME TAX OF THE CODIFIED ORDINANCES OF THE CITY OF XENIA, TO CREATE 

AN INCOME TAX REBATE PROGRAM, and it was read for a second time. 






Mr. Lewis presented an ORDINANCE AUTHORIZING THE ISSUANCE OF NOT-TO- 

EXCEED $925,000 OF BONDS FOR THE PURPOSE OF REFUNDING THE CITY’S 

VARIOUS PURPOSE BONDS, SERIES 2010 DATED AS OF JUNE 1, 2000, AND 

MATTERS RELATED TO SUCH BONDS, and it was read for a second time. 






READING OF COMMUNICATIONS AND DISCUSSION: Mayor Bayless thanked the 

Twentieth Century Club, one of the oldest African American cultural clubs in Greene County, 

for honoring her as the new Mayor at a luncheon at Wright-Patterson Air Force Base attended by 

over 100 people. Last week she was able to have lunch with the new Superintendent of Xenia 

Community Schools, Deborah Piotrowski, who she feels is off to a good start. Yesterday she 

had lunch with Senator Sherrod Brown at the HOPE Café. She encouraged everyone to visit the 

HOPE Café located at 1855 Lower Bellbrook Road, which is a training program that works with 

homeless people from the area. It is such a worthy cause, the café is clean, and the food is really 

good! 

Councilman Caupp said he had the pleasure of riding with the Xenia Police Division on Friday, 

August 20 th . He thanked Sergeants Wilson and Stutes, and Officers Roop, Margioras, Walsh, 

Miller, and Reserve Officer Jackson. It was very interesting and he learned a lot. They had the 

pleasure of busting three juveniles that were breaking into cars that evening. With the actions of 

an alert citizen who was riding a bicycle and three officers, the three suspects were apprehended 

with stolen property on them. It was a job well done by the XPD. It was a very enlightening 

experience to say the least. He hopes to ride with the Xenia Fire Division next week. 

Councilman Smith said someone asked him to mention there is a big soccer rivalry game this 

Saturday at Cox Stadium. The Xenia Buccaneers boys’ varsity soccer team will play against 

Greeneview at 5 p.m., and they are encouraging Xenia residents and supporters to wear blue for 

Xenia. The Buccaneers girls’ varsity soccer team will play against Greeneview at 8 p.m. that 

same evening. He reminded everyone that school is in session, so please drive slowly and watch 

out for the buses. He thanked the Xenia Police and Fire Divisions for the jobs they do. He 

attended the County’s Doggie Dash ‘N Splash last weekend at Mullins Pool and it was a lot of 

fun. He noted in the Xenia Gazette Letters to the Editor section, there was an article about the 

Scout Burnell-Garbrecht Dog Park. Although it was a good letter, people may not understand 

the Dog Park in Xenia is owned by Greene County and run by the Greene County Parks and 

Recreation Department. Some people say it is sad that Xenia has a nice park for dogs even 

though Mullins Pool is closed and Xenia no longer has a skating rink or bowling alley; however, 

funding for the Dog Park comes entirely from donations and fundraisers. 

Councilman Louderback reminded citizens that the Xenia High School football season opens 

tomorrow night. He wished all the fall sports teams good luck this year. The Rail & Arts Fest is 

this Saturday in downtown Xenia. The next First Fridays event will be September 3 rd .


Councilman Miller congratulated his son and daughter for their last two soccer games and for the 

goals they scored. Ohio recently launched the Ohio Veterans Bonus program to thank veterans 

who served in the Persian Gulf, Iraq, and Afghanistan. The maximum benefit for service in 

those three areas is $1,500. Further information is available from the local Veterans Office. The 

19th Amendment that guarantees all American women the right to vote was adopted on this date 

in 1920. If you don’t think history repeats itself, on this date in 1932 during the Great 

Depression when millions of people could not make their mortgage payments due to mass 

unemployment, banks announced a temporary halt on mortgage foreclosures. The Manhattan 

Project used 15,000 tons of silver from the U.S. Treasury Department to develop that project; in 

today’s market that silver would be worth $55 billion. Finally, he noted Mother Teresa’s 

birthday is today. 

Vice President Mills encouraged everyone to enjoy the City’s many activities and the nice cool 

weather. 

ADJOURNMENT: Motion by Councilman Miller, seconded by Councilman Caupp, to go into 

Executive Session at 8:10 p.m. to discuss personnel matters. No discussion followed. The Roll 




The City Council convened in Executive Session in the First Floor Conference Room with the 

same members present to discuss Personnel Matters. 









5:00 p.m. 

The Xenia City Council met in a Special Session on August 31, 2010, at 5:00 p.m. in the First 



Felton. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to go into an Executive 

Session to discuss Personnel Matters/Contract Negotiations. No discussion followed. The Roll 





with the same members present to discuss Personnel Matters/Contract Negotiations. 






September 9, 2010 


7:00 p.m. 

The Xenia City Council met in a Regular Session on September 9, 2010, at 7:00 p.m., in the City 




Motion by Vice President Mills, seconded by Mayor Bayless, to excuse Councilman Miller from 

the meeting due to illness. No discussion followed. The Roll on this was the following: 



INVOCATION: Brenda Leffel, The Open Door Community Christian Prayer Place, gave the 



Smith, to approve the August 26, 2010, Executive/Regular Session minutes as written. Brief 

comment followed. Vice President Mills noted since President Felton was not present at the 

meeting, the first sentence under “Audience Comments” should read “Vice President Mills (not 

President Felton) explained the procedures for audience comments and invited anyone who 

wished to speak to come forward.” President Felton said she spoke with the City Clerk and the 

changes have already been made. The Roll on this was the following: 



Motion by Councilman Caupp, seconded by Vice President Mills, to approve the August 31, 

2010, Special/Executive Session minutes as written. No discussion followed. The Roll on this 




SPECIAL PRESENTATION: Commissioner Mark McDonnell, Greene County Combined 

Health District. Mr. McDonnell said he was here tonight to talk about Issue 5, the Greene 

County Combined Health District’s November 2010 Public Health Services Ballot Levy, which 

is a 0.5 mill replacement levy and a 0.3 mill increase. He noted Council should have received 

copies of his presentation materials. He acknowledged a GCCHD Board member, June Johnson, 

who was present in the audience. As he goes through the PowerPoint presentation, he will talk a 

little about the Health District, its history, who they are, what their mission is, what they have 

and hope to accomplish, and why the Board of Health is asking the electorate to pass this levy.


Greene County Combined Health District (GCCHD) 

Public Health Services 2010 Levy Overview 

History: The Health District’s history points to its role in the community. The earliest records 

indicate that public health activities in Greene County started as early as 1863, when Xenia began 

sanitary inspections and quarantines. 

Available records suggest that the Greene County General Health District had its beginning in 1920. 

The staff was composed of all part‐time people, a Health Commissioner, a public health nurse (became 

full time in 1930), and a clerk. 

In 1936, Dr. Gordon Savage was named the first full time Health Commissioner for the Greene County 

General Health District 

During Dr. Savage’s tenure, from 1936‐1963, several programs which served as the basis for current 

programs were started: school health, dairy inspection, and restaurant sanitation; dog quarantine, food 

establishment regulations, venereal disease clinic, milk regulations, plumbing inspection (1948), camp 

inspection, meat inspection, nuisance abatement, landfill inspections, and subdivision regulations. 

First 0.3 mil Levy for Health Department passed in 1954. 

Board of Health Members: 

The GCCHD is composed of two representatives each from Fairborn, Beavercreek, and Xenia, and 

one representative from Bellbrook, appointed by the Mayors and City Councils in staggered fouryear 

terms. The District Licensing Council elects one member and an alternate. The District 

Advisory Council elects the five remaining Board members in staggered terms. The Board totals 

thirteen members. One member of the Board must be a physician. 

The Greene County Board of Health members are: William Beeman, Anita Crosswhite, Walter Gilliard, 

Scott Hammond, June Johnson, Melvin Johnson, Charlene Montague, Denise Percival, Kathy Saunders, 

Thomas Selden, Elaine Straley (David Thompson, alternate), Nancy Terwoord, and Teresa Zryd. 

Scope of Services: 

The GCCHD provides public health services to assess, protect, and promote the health of all of the 

residents and visitors of Greene County. Ohio Revised Codes 3707 and 3709 delineates the services 

local health districts are required to provide. Ohio Administrative Code 3701 outlines the 

administrative rules that local health districts are required to follow, and 3701‐36 specifically sets 

out the minimal and optimal achievable standards for local health districts. GCCHD provides 

services regardless of ability to pay. 

Greene County Board of Health Mission, Vision, and Goals: 

Our Mission: To protect, promote, and improve the health of Greene County residents. 

Our Vision: To achieve the highest level of "wellness" possible for the citizens of Greene County. 

Our Goal: To ensure, with our community partners: a clean and healthy environment, the provision 

of high quality and adequate quantity of medical services, the control of communicable disease, the 

promotion of healthy lifestyles, the reduction of healthcare expenditures through the promotion of 

prevention, and the assessment of the County's health status and the implementation of a strategic 

health plan to address identified needs. 

In 2009, the Greene County Board of Health adopted the Community Strategic Health Plan. A 

consortium made up of GCCHD Board of Health and Staff, Wright State University, Greene Memorial


Hospital, and community health agencies, human and social service agencies, elected officials, and 

citizen representatives, developed this plan. 

Health District Funding By Source 

Calendar Year 2009 Sources of Funding 

.5 Mill Levy - $1,654,679 

Subdivision Deduction - $121,970 

City Contracts - $233, 658 

Fed., State & Local Grants - $1,292,733 

State Subsidy - $43,465 

Permits, Licenses & Fees - $1,335,000 

Contributions / Other Receipts - $1,003,755 

The levy provides approximately 29% of the District’s operating funds and is key to leveraging the 

23% of the budget the District receives from Federal, State, and Local grants. They also charge 

appropriate permit and license fees for new plumbing, food services and establishments, and trailer 

parks to name a few. By utilizing jurisdiction contracts, subdivision contracts, and other 

reimbursements, they can maximize their services to the public. 

In 2009, the GCCHD provided $1.441 million worth of services to the City of Xenia. They track all 

the expenditures of all the villages, cities, and townships, so they know exactly where their services 

are going. It has always been his opinion that they need to track where their services are going and 

how they can improve those services, if possible. If not, they need to ensure they have a plan to 

address the problems they identified. 

Greene County Combined Health District Levy 

Why This Levy is Needed: 

1) The current levy expires on December 31, 2011. Without the funding from the levy, there will be a 30% cut in 

services. Tax levy dollars are used to support every division of the health district, and services to women, 

children, and men would have to be curtailed or eliminated. Those dollars are used to leverage an additional 

24% of the GCCHD's funding from federal, state, and local grants, putting those funds in jeopardy also. In 2009, 

there were 28,013 visits with 14% fewer staff than in 2008, just in the community health services division. This 

levy will allow for continuation of these vitally important programs. 

2) One physical barrier to service is GCCHD’s current building. It was constructed in 1974 with funds from a special 

levy and from US Department of Health and Human Services Hill‐Burton Act grant money. It was originally 

designed for 45‐50 employees, but currently houses 63 employees. Data collection activities, added employees, 

and network facilities have reduced the available space for storage, records retention, services, and support


functions. Moreover, as of the 2009 Census update, the County population had increased from 125,000 in the 

1970s to the current 159,190. This means that the demand on services has increased by at least 27% with a 

decrease of 23% in staff from the 1980 high of 80 staff members. 

3) New emphasis on communicable disease control, provision of direct care services, public health infrastructure 

and bioterrorism response, 2009 H1N1 flu planning, strategic planning, record handling, and epidemiology have 

necessitated changes in staffing and changes in how business is conducted. 

4) The personal healthcare services of GCCHD represent 42% of GCCHD's approved 2010 budget. According to the 

U.S. Agency for Healthcare Research and Quality (AHRQ), healthcare costs are on the rise. AHRQ has stated that: 

Medicaid spending is projected to double over the next ten years. 

Health care premiums increased 9.6% on average in 2009. 

Underlying medical expenses jumped by over 7% on average annually from 2005 to 2009. 

All of these underlying costs have driven GCCHD's personal healthcare delivery costs upward at the same rate 

as other health care providers. GCCHD does not enjoy special rate privileges. 

Need for Services 

The levy will meet the general health needs of all Greene County residents as well as provide services to 

help meet the health and dental needs of the more than 16,000 uninsured, and 56,000 underinsured 

residents of Greene County. GCCHD anticipates the following increase in service needs: 

• Health supervision, Bureau for Children with Medical Handicaps (BCMH), immunizations, Help‐ 

Me‐Grow service coordination and screening, social service and nutrition services, tuberculosis 

control, and communicable disease. 

• Mosquito control, nuisance abatement, rabies control. 

• Child and Family Health Services (CFHS), including prenatal clinics, maternity testing, family 

planning, and well child clinics. 

• Dental Services to the uninsured and underinsured. 

• Safe Communities, including car seat safety, traffic death intervention, and safety awareness 

(among other programs). 

• Health Education lifestyle interventions, including tobacco use control, fitness education and 

healthy eating education to combat childhood obesity, and the restoration of playground safety. 

• Water protection program. As the county increases in size, Total Maximum Daily Load 

considerations and wellhead protection considerations demand increase vigilance. 

• Women, Infants, and Children (WIC) nutritional support program. 

• All hazards disaster preparedness, including pandemic influenza (e.g. – 2009 H1N1 influenza), 

tornado and other natural disasters preparedness, and bioterrorism preparedness. 

Community Health Services and Education/Development 

Child and Adult immunizations, Dental services, BCMH, STI clinic, Home visits (WIC & International 

Travel), Prenatal clinic, Well‐child clinic, Flu clinic, Help Me Grow, Specialty clinics, Reproductive 

Health, Speaker’s Bureau, Safe Communities, Tobacco Free and Drug Free Greene County Coalition, 

and HIV Testing/Counseling 

Quality of Services 

For overall health outcomes, the GCCHD ranks in the top 10 in the State; for health factors, the 

District is in the top 5 in the State. For clinical care, which includes medical and dental services, the 

GCCHD is #1 in the State of Ohio. What pulls the District down to the top 10 in the State for overall 

health outcomes is that the County has too many air pollution days (due to the smoke and air 

pollution from Montgomery County). They work with the Air Pollution and Control Program from 

the Montgomery County Health District to try to reduce the pollution. Further, there are a lot of 

liquor licenses in Greene County.


Fiscal 

GCCHD is committed to meeting the public health needs of Greene County, and at the same time is 

committed to minimizing the cost to the public. GCCHD aggressively seeks grant funding, charges 

license and permit fees where allowed, and works with each subdivision to assess its fair share of 

funding. Since the initial .3 mill levy in 1953, GCCHD has primarily increased its funding from 

grants, contracts, subdivision charges, and permits and fees. Currently, the levy represents 30% of 

the district's funding source. 

Potential Additional Health District Tax Levy Revenue 2011 

Millage 

Amount Generated* 

0.5 mill replacement and 0.3 mill increase $2,945,000 

How do our expenses compare with other comparable counties? 

County * 

Local Funding/Capita 

Greene County $23.05 

**Warren County $24.87 

Wood County $25.96 

Miami County $30.29 

Lorraine County $34.78 

Clark County $37.58 

**Montgomery County $47.24 

* Last available statistics are from 2009. Even with the proposed increase, Greene County will still be the 

least expensive Health District in Ohio of our size and range of services. 

** Because Warren County’s additional tax levy just passed, their costs will increase to $25.90 per capita. If 

Montgomery County’s levy passes this year, their costs will increase to over $50 per capita. 

Greene County Estimates of 2009 H1N1 Cases and Related Hospitalizations 

In 2009, 13,000 people died from H1N1, but the CDC estimates between 13,000 and 26,000 

additional deaths were avoided. Greene County did even better than that‐‐$2.9 million in costs 

were incurred by Medicaid; $7 million in costs were incurred by insurance companies just for 

hospitalization; and lost productivity due to illness cost $100 million. Of the $500,000 the GCCHD 

received, they got a 40 to 1 return on the dollar. 

President Felton said she gets her flu shot at the GCCHD’s event at the Greene County 

Fairgrounds, and noted shots were also given outside to drivers who are unable to get out of their 

cars easily. Mr. McDonnell said he believes in providing good customer service to consumers. 

Councilman Louderback commended Mr. McDonnell for services the GCCHD provides to the 

community, particularly to the disadvantaged. He supports passage of the levy 100%. 

Mr. Percival asked Mr. McDonnell to share his phone number. Mr. McDonnell said his phone 

number is 374-5600 and their website is www.gcchd.org. 

PUBLIC HEARING: Major Modification to Progress Center PUD. President Felton opened 

the public hearing and asked for the staff report. Mr. Percival said this is a request for a Major 

Modification to the Progress Center PUD, which was originally approved on June 12, 1997. 

Mr. Ronald Leslie of Xenia Center Place LLC is requesting a modification to the PUD so he can 

begin to construct a new retail center in the Progress Drive area. At their meeting of August 19,


2010, the Xenia Planning and Zoning Commission endorsed approval of the major modification 

application. He then invited City Engineer Chris Berger to explain the application in more detail. 

Mr. Berger used an overhead to summarize the Major Amendment to the Progress Center PUD: 

Property Owner: 

Applicant: 

Norman Fear, LLC 

Mr. Ronald Leslie, Xenia Center Place, LLC. 

The Progress Center PUD originally approved in 1997, involved 13.6 acres of land primarily 

along South Progress Drive. When it was subdivided, the original PUD contained twelve (12) 

lots, of which many have since been developed. City Council approved a subsequent 

amendment on May 10, 2007, to include a small parcel that is now Carol’s Corner. 

Reason for Modification: Proposed Retail Development on six (6) parcels owned by Norman 

Fear, LLC, and currently zoned B-3. Approval of the Major Modification expands the existing 

Progress Center PUD by adding six (6) parcels (approximately 16 acres) by re-zoning to PUD- 

Commercial. The area in yellow is the existing Progress Center PUD; the area in pink comprises 

six parcels currently zoned B-3. Expansion of the existing PUD would make the entire area 

yellow. 

Action Requested: Application is for a Concept Plan only. A Final Development Plan will be 

reviewed at a future meeting when the applicant secures end-users and completes engineering 

drawings, landscaping plans, lighting plans for the parking lot, etc. Expansion of the PUD will 

change the zoning from a B-3 Highway Oriented Business District to a PUD zoning designation. 

Concept Plan Items to Note: 

1. Project to be built in three (3) Phases. Phases I and II are both approximately 5 acres 

each with Phase III being approximately 6 acres. 

2. Phase I of the development will comprise two (2) outlots and a 20,000+ sq. ft. retail 

center with ingress/egress from Harner Drive and via a cross-access easement from 

Hospitality Drive. Phase II of the development will comprise five (5) additional acres to 

include 3.5 out lots and a detached 8,000 sq. ft. addition to the Phase I retail center. 

Phase III includes the remaining six (6+) acres that will be developed along the southern


portion of Hospitality Drive and western portion of South Progress Drive, and comprised 

of 2.5 outlots and a second 25,000+ sq. ft. retail center. 

3. Vehicular Access from Harner, Hospitality (2), and S. Progress Drive. The other 

proposed access points involve two (2) cross-access easements along Hospitality Drive 

and one aligned with Prouty Drive upon development of the Phase III area. Staff is not 

concerned about Mr. Leslie’s ability to obtain the cross-access easements to Hospitality 

Drive since the current owner is Norman D. Fear, LLC – the same owner with whom 

Mr. Leslie has an option to purchase the entire 16.107 acres for development. 

4. Existing and Proposed traffic generation on Harner Drive is not a significant concern 

solely because of the ability to stripe a “left in” lane from Harner Drive and still 

maintain through westbound movements. As development continues within the 

Progress Center PUD, the natural concern is traffic generation. Traffic congestion within 

the Center, most notably along Harner Drive, continues to be a problem that will only get 

worse with future development. However, because there is adequate width along this 

section of Harner Drive, a left turn lane into the Phase I area can be created via a striping 

pattern that will also allow westbound through movements to such places as Bob Evans, 

Applebee’s, Wal-Mart, and Lowe’s. He assured Council there was plenty of room for 

that “left in” turn lane because there was some good planning with the development 

originally. He is satisfied that allowing full movement on Harner Drive is fine in this 

particular case. While a “left out” onto westbound Harner Drive could present a long 

wait for motorists exiting the development, Staff deems that to be an 

owner/developer/end-user problem. A “left out” at that particular access point does not 

trouble him as much as a “left-in” did. He personally visited the site four times to make 

himself more comfortable with the recommendation. 

Mr. Berger noted the access points were reviewed and approved by the Xenia Traffic 

Commission on July 6th. Commissioners said as long as there was adequate width along Harner 

Drive to install a center left-turn lane, then they had no problem with it. The XPZC also voiced 

the same concern, but after discussion approved the Concept Plan on August 19 th . 

President Felton asked for clarification on where the proposed left turn lane would be. 

Mr. Berger said the left turn lane would be on Harner Drive via a striping pattern, which would 

affect the access point into Sonic. President Felton clarified there would be a left turn lane from 

Sonic on Progress Drive to go to Main Street. Mr. Berger said that was not correct. The left turn 

lane striping pattern will start where the new development is proposed. President Felton clarified 

the left turn lane would be on Harner Drive. Mr. Berger said that was correct. 

5. Building style facades: The applicant anticipates architectural standards that are 

consistent with the Carol’s Corner Development/Verizon Building in the form of stone 

and brick, and Mr. Leslie will be using the same architect for this project. When end 

users are confirmed, the architectural details will be submitted at the Final Development 

Plan stage. 

6. Interior landscaping plan will be provided at Final Development Plan stage. 

7. Signage Plan will be submitted in accordance with XCO’s and any specific 

requirements of the Progress Center PUD as end users emerge: Within the project


narrative, Mr. Leslie committed to meeting the City signage requirements within the 

retail center. Signage will involve a wall sign above each end users’ location, along with 

a free-standing ground sign. Additionally, a ground sign for each out lot will be 

requested with the individual store frontage signs. The Signage Plan will be reviewed at 

the Final Development Plan stage. 

8. Public Utilities: All necessary utilities are available to adequately service this 

development. Stormwater detention for the development will be achieved via two (2) 

existing detention ponds that were constructed to act as regional basins to service 

numerous lots within the Progress Center PUD; it is a “shovel ready” site. 

Staff Recommendation: Mr. Berger said because the applicant has submitted the required 

documentation necessary for approval of a Conceptual Development Plan per the City’s Codified 

Ordinances and because the proposed uses mirror those of the surrounding properties, City Staff 

supports approval of this application. He has received inquires about which businesses will be 

going into the proposed retail center and his response has been that he did not know. He noted 

two representatives from Equity Inc. were present in the audience, and they are in negotiations 

with end users; however, nothing has yet been defined. Once end users are defined, the Final 

Development Plan will be done. He then offered to answer questions. 


President Felton invited those in favor of the major modification to the Progress Center PUD to 

step forward to speak. No one came forward to speak. President Felton invited those opposed to 

the major modification to come forward to speak. No one came forward to speak. President 

Felton invited those either for or against the major modification to come forward to speak. No 

one came forward to speak. President Felton closed the public hearing at 7:40 p.m. and 

entertained comments or questions from Council. 

Councilman Smith noted the Xenia Traffic Commission had the same presentation and approved 

the access points. 

Councilman Caupp introduced an ORDINANCE AMENDING THE ZONING MAP OF THE 

CITY OF XENIA BY AMENDING THE PROGRESS CENTER PUD TO ADD SIX (6) 

PARCELS OF LAND TOTALING 16.107 ACRES AND CURRENTLY ZONED B-3 

HIGHWAY-ORIENTED BUSINESS, and it was read for the first time. 




Traffic Commission: Councilman Smith said the XTC met on Tuesday, September 7 th 

and discussed the following items: 

1. One audience member discussed issues he had observed at the intersection of Ledbetter 

Road and U.S. 42.


2. Commissioners approved a citizen’s request to erect a “No Outlet” sign at Tandem Drive 

and Schwinn Avenue (a cul-de-sac). The resident stated there is an exorbitant amount of 

traffic that turns around in the cul-de-sac on Schwinn Avenue in Wright Cycle Estates. 

3. Discussed a citizen’s request to prohibit parking along Leach Street. City Staff will 

evaluate the implications of that action as it might impact area residents’ access to their 

own driveways. Leach Street is a narrow street, which creates some safety issues. 

4. The XTC is looking forward to working with Xenia Community Schools on their traffic 

needs during the construction phase of building five new elementary schools. 

Independent traffic studies will be supplied with some upcoming proposals. 

5. Two Traffic Commissioners, whose terms are due to expire soon, expressed interest in 

having their terms renewed to serve the Xenia community. 

Councilman Smith noted the Xenia Traffic Commission is a volunteer Commission made up of 

five Xenia citizens who donate their time to the City. The XTC meets once a month as long as 

there are enough agenda items. 

Councilman Caupp asked where the “No Outlet Sign” would be posted in Wright Cycle Estates. 

Mr. Berger said the request was to erect a “No Outlet” sign at Tandem Drive and Schwinn Avenue. 

Councilman Caupp thought people may just be driving around looking at houses. Mr. Berger said 

a Schwinn Avenue resident claims there is a lot of westbound traffic on Schwinn Avenue. Given 

the street’s alignment west of Tandem Drive, it leads motorists to believe Schwinn Avenue 

connects through to Wright Avenue and/or Lakeview Drive, which causes them to turn around in 

the cul-de-sac. He felt it would do little harm to erect the “No Outlet” sign. 


August meeting. 

Board of Zoning Appeals: Mayor Bayless said BZA met on August 23 rd and granted a 

conditional use permit to Pastor Josh Bevan of Lighthouse Baptist Church to utilize the vacant 

building at 2040 West Second Street for church services. She welcomed Pastor Bevan and his 

congregation to our community. 

ITEMS FROM CITY COUNCIL AND MAYOR: 

Appointment to Board for Recreation, Arts, and Cultural Activities. Vice President 

Mills said a recent resignation of one BRACA member created a vacancy on the Board and a 

letter of interest was received from Audrae C. Broyles. She spoke with Ms. Broyles and feels 

she will be an asset to the Board. Ms. Broyles’ background check is in process, and she 

anticipates having the results shortly 1 . 

Motion by Vice President Mills, seconded by Councilman Louderback, to appoint Ms. Audrae C. 

Broyles to fill a vacancy on the Board for Recreation, Arts, and Cultural Activities with a term 

expiring on July 31, 2013. Discussion followed. 

Mr. Lewis said he was sure there would not be an issue with Ms. Broyles’ background check, but 

approval of her appointment to BRACA should be contingent upon receipt of a satisfactory 

background check. President Felton agreed. 

1 Per the Law Department on 09/10/10, Ms. Broyles background check was satisfactory.


Vice President Mills said she is very excited to have such a diverse Board and is excited to hear 

Ms. Broyles’ perspective. She agreed Ms. Broyles has boundless energy. President Felton said 

Ms. Broyles cuts her own grass and everything else. She is amazing and thought it was fantastic 

that she would like to serve on BRACA. 






City Manager’s Office: On behalf of City Staff, Mr. Percival expressed his sincere 

condolences to the Coblentz family. Adam Coblentz is a Xenia Firefighter and his mother and 

father were killed in a tragic motorcycle accident on Wednesday. Adam’s mother worked at 

Xenia Community Schools for years, and most people who attended Central Middle School 

knew her. He wanted the Coblentz family to know they are in our thoughts and prayers. 

President Felton asked Mr. Percival to further explain what happened to cause the death of 

Mr. and Mrs. Coblentz; it was not a careless motorcycle accident. Mr. Percival said Mr. and 

Mrs. Coblentz were on vacation in Tennessee. A vehicle over corrected, crossed the road’s 

center line, and struck the motorcycle head on. It was a very tragic accident. 

The Greene County Sheriff stopped at his office today and shared that on September 25 th from 

10 a.m. to 2 p.m. in the parking lot of the Sheriff’s office on E. Main Street, they are collecting 

used or expired prescription drugs that anyone would like to dispose of. It is like a household 

hazardous waste collection. When people flush unused prescription drugs into the sewer 

systems, it is becoming difficult for communities to process those drugs. 

Emergency Resolution Authorizing the Award of the Bid for the Jamestown 

Connector Bikepath Construction. Mr. Percival said on August 19, 2010, the City of Xenia 

received competitive bids from seven (7) qualified contractors to complete the construction of 

the 3.35 mile Jamestown Connector Bikepath from Jasper Road to Washington Street. They 

have been working on this project for quite some time. In 2007, the City secured $430,000 in 

Clean Ohio Trail Funds (COTF) from the Ohio Department of Natural Resources and $200,000 

in Ohio Capital Funds through the Ohio Department of Development to construct the Connector. 

No General or General Capital Improvement Fund monies from the City will be used for this 

project. The City is contributing in-kind services for a local share commitment in the form of 

construction inspection and project management duties. Barrett Paving Materials, Inc. presented 

the lowest bid at $541,043.65. Barrett Paving has been a renowned asphalt contractor in the 

region for many years, has performed similar work on hundreds of projects, and was the 

contractor for the original bikepath that goes by City Hall. 


consecutive meetings and adopt as an Emergency a Resolution authorizing him to enter into a 

contract with Barrett Paving Materials, Inc. of Dayton, Ohio at a not-to-exceed cost of 

$541,043.65 to construct the Jamestown Connector Bikepath. Emergency passage is requested


so construction can commence by October 1, 2010, with a good portion of the path completed 

this year. 

Vice President Mills presented a RESOLUTION AUTHORIZING THE CITY MANAGER TO 

ENTER INTO A CONTRACT WITH BARRETT PAVING MATERIALS, INC. AT A NOT- 

TO-EXCEED COST OF $541,043.65 FOR THE JAMESTOWN CONNECTOR BIKEPATH 

CONSTRUCTION, AND DECLARING IT TO BE AN EMERGENCY. 


the reading of a resolution at two consecutive meetings be dispensed with and this resolution be 

placed at once upon its passage. Brief comment followed. Councilman Caupp thought it was 

great that the City was able to get $541,000 worth of amenities for our community in exchange 

for in-kind services that are not costing the City anything but Staff time. The Roll on this was 




Motion by Vice President Mills, seconded by Councilman Louderback, that Resolution Number 

10-W be now passed. No discussion followed. The Roll on this was the following: 



Emergency Resolution Authorizing the City Manager to file an application with the 

State of Ohio for a grant of up to $200,000 through the Clean Ohio Assistance Fund 

program for a Phase II environmental assessment at the former OVCH powerhouse and 

Xenia Christian School campus located on the campus of Legacy Ministries International. 

Mr. Percival said as most people are aware, that Campus created all their own power for close to 

100 years. When Legacy Ministries International purchased the property, they took the 

powerhouse out of service. The powerhouse is now a brownfield site with asbestos, coal residue, 

and other things that need to be cleaned up. Legacy Ministries and Xenia Christian School 

officials want to start reusing that piece of property but they cannot do anything with it until it is 

cleaned up. They have requested assistance in applying for a Clean Ohio Assistance Fund Grant 

through the Ohio Department of Development. Under the program guidelines, a public entity 

must be the applicant. This is a 100% funded grant, and there will be no cost to the City of 

Xenia. The Xenia Economic Growth Corporation will be the primary contact for the City and 

will act as administrator for the grant funds, similar to what they did with the Hooven and 

Allison brownfield site. Mr. Percival noted Mr. Brodsky was present to answer questions. 

Mr. Brodsky noted Rich Anglin, Co-President of Legacy Ministries International, was also 

present tonight. 


consecutive meetings and pass as an emergency a Resolution to authorize him to file an 

application with the State of Ohio to participate in the Clean Ohio Assistance Fund program 

through the Ohio Department of Development to conduct an assessment of the former 

powerhouse and Xenia Christian School campus on the campus of Legacy Ministries 

International.


Councilman Louderback presented a RESOLUTION AUTHORIZING THE CITY OF XENIA 

TO FILE AN APPLICATION WITH THE STATE OF OHIO TO PARTICIPATE IN THE 

CLEAN OHIO ASSISTANCE FUND, AND DECLARING AN EMERGENCY. 

Motion by Councilman Louderback, seconded by Mayor Bayless, that the rules requiring the 





Motion by Councilman Louderback, seconded by Mayor Bayless, that Resolution Number 10-X 




Emergency Appropriations Ordinance and Authorization to purchase two (2) 

vehicles off State Bid for the Water and Wastewater Treatment Divisions. Mr. Percival said 

the Water and Wastewater Treatment Divisions are recommending the purchase of two (2) 

Chevy Colorado 4-wheel drive trucks through the State of Ohio, Department of Administrative 

Services Cooperative Purchasing Program. The Water Treatment Division truck will replace a 

1992 Ford Taurus formerly used by the Finance Department. However, that is really not a 

reliable vehicle for them, especially for Staff that has to go out into the wellfields. The 

Wastewater Treatment Division truck will replace a 1995 Ford Ranger. These monies are 

coming from the Water and Wastewater Funds. There is enough money in the budget, but they 

have to transfer the funds to get them into the appropriate line items. He noted Utilities Manager 

Jason Tincu was available to answer specific questions. 

Mr. Percival respectfully requested that Council entertain two motions: 

Motion 1 - To waive the second reading of an ordinance at two consecutive meetings and pass as 

an emergency an ordinance to transfer $6,482.00 from 665-1331-53290 to 665-1331-55402 and 

$6,482.00 from 664-6602-55399 to 664-6602-55402. 

Motion 2 - Authorize him to issue a Purchase Order to White Allen Chevrolet in the amount of 

$42,964.00 for the purchase of two (2) trucks for the Water and Wastewater Treatment 

Divisions. He noted Utilities Manager Jason Tincu was available for questions. 

Councilman Caupp presented an ORDINANCE AMENDING ORDINANCE 10-06 TO MAKE 



DECLARING AN EMERGENCY. 

Motion by Councilman Caupp, seconded by Vice President Mills, that the rules requiring the 


placed at once upon its passage. Discussion followed.


Councilman Louderback said he would vote “nay” on the motion, because the City is in a 

financial crisis. He realized the vehicles are old, but it is about public perception and the fact 

they are spending $42,964 on new vehicles. In good conscience, he cannot vote for approval. 

President Felton said although she does not like it, she will vote for approval of the motion 

because Water and Sewer Funds will be used to pay for the trucks. 


Ayes: Mills, Caupp, Smith, Bayless, and Felton 


Motion by Councilman Caupp, seconded by Vice President Mills, that Ordinance Number 10-39 




Motion by Councilman Caupp, seconded by Vice President Mills, to authorize the City Manager 

to issue a Purchase Order to White Allen Chevrolet in the amount of $42,964.00 for the purchase 

of two (2) trucks for the Water and Wastewater Treatment Divisions. Discussion followed. 

Councilman Caupp noted at every Council meeting someone states when Water and Sewer 

Funds are being utilized, and that money can only be used in our Water and Sewer Departments. 

They are replacing a 1992 Ford Taurus and a 1995 Ford Ranger. He can assure anyone who has 

worked in any kind of business where employees are getting in and out of vehicles daily, that 

after 18 and 15 years, those vehicles are way past the end of their useful life. These purchases 

are not coming out of the City’s General Capital Funds; they are coming from Enterprise Funds 

that can only be used for items directly related to water, sewer, sanitation, and stormwater. The 


Ayes: Mills, Caupp, Smith, Bayless and Felton 


Emergency Appropriations Ordinance and execution of a Design-Build contract 

with Kemper Controls for the Water Treatment Plant SCADA Project. Mr. Percival 

explained that SCADA is an acronym for Supervisory Control And Data Acquisition. In 

December 2007, another engineering firm was awarded a professional services contract; 

however, due to poor bidding estimates and questionable project scale and scope development, 

the contract with that engineering firm was severed in March 2009. The SCADA project was 

then placed on hold as staff dealt with the failure and replacement of the Water Treatment Plant 

generator. About a year ago, the City contracted with Kemper Controls to assist staff in 

developing a prioritized, long-term scaled down SCADA project that was much less expensive 

than the original project. He then invited Mr. Tincu to start his PowerPoint presentation. 

Mr. Tincu reminded Council that funding for this project is coming from the Water Capital Fund 

that is generated from the payment of utility bills. This project has been budgeted since 2007, 

and during his brief presentation, he will discuss why the project was postponed.


Water Treatment Plant SCADA Project 

What is SCADA? 

Supervisory Control And Data Acquisition System 

Industry standard for industrial and municipal applications such as water and wastewater 

treatment plants 

To serve as brain‐center of the Water Treatment Plant 

Existing control system defunct and outdated (circa 1980) 

What does it do? 

Real‐time monitoring of motor statuses, flows, levels, and all other key process information at: 

Water Treatment Plant, Well Fields, Booster Station, and Water Tanks 

Control of: 

Well Pumps, Aerators and Filters, Automatic Filter Backwash, Chemical Dosage, High Service 

Pumps, Booster Station Pumps and Tank Level, and Bulk Water Loading 

Trends, Reports, and Alarm/Event Summaries 

Mr. Tincu showed screen shots from the SCADA system. He then showed a graphic video depiction 

of what a SCADA system looks like and what it will provide. SCADA has become the “industry 

standard” for Water and Wastewater Treatment Facilities mainly due to staffing concessions, 

efficiency standards, and regulatory/operational requirements. There will be a redundant server 

for the main PC. If there is a failure on one, data will automatically be saved to them. 

President Felton asked what would happen if there was a power failure. Mr. Tincu said all data 

will be backed up. Each PC has it owns backup power supply, but they also have the emergency 

generator for main power that will be supported by a standalone backup power supply for the 

PC. President Felton asked if the history of what they collect on the PC will also be kept on the 

mainframe. Mr. Tincu said they have not yet set up anything with IT regarding whether or not 

they will backup information from the shared servers onto the mainframe; however, information 

will be backed up on site in multiple locations. 

How will this benefit the City of Xenia’s Water Treatment System? 

Protect the health, well‐being, and sustainability of a vital community resource. They talk about 

funding sources, concessions, cuts, etc., but if the City loses its water source, everything stops 

now! It is critical that they safeguard this service. 

Meet EPA regulatory requirements and avoid costly violations


Facilitate preventive maintenance and identify problems before equipment fails 

Allow the current, limited plant staff to focus attention on previously neglected areas 

Improve communications between shifts. Currently 2nd and 3rd shift operators have to hang 

out 10 to 20 minutes afterwards to be briefed about what is going on at the WTP. Notations can 

be made directly into the SCADA system, so when the next shift comes on they will have an 

hourly log about what is going on at the WTP. 

Increase security and accountability for the citizens 

Background of SCADA Project to Date 

December 27, 2007‐‐Flatirons Engineering Professional Services Contract 

Plant assessment, evaluation, conceptual design, and bid document preparation 

Project development and bidding ensued 

January 28, 2009‐‐Bid opening for product procurement and installation 

Estimated by Flatirons at $260,000 

Sole bid at $850,000, which was rejected 

March 2009‐‐Contract and ties severed with Flatirons 

Project scale and scope exceeded current needs and budget 

Left the City with comprehensive system assessment and workable design 

March 2009‐‐WTP Generator Failure 

Staff forced to redirect focus and delay SCADA 

December 29, 2009‐‐Award of SCADA professional services contract to Kemper Controls 

Phased project approach and revised engineering and project documents 

To build a ‘Honda Accord’ vs. a ‘Cadillac Escalade’ SCADA system to meet their budget needs 

Completion of WTP SCADA Scope and Project Redevelopment 

Completed by Kemper Controls over the past six (6) months 

Assimilated the baseline technical documents and drawings provided by Flatirons 

Worked with staff to develop a prioritized long term SCADA upgrade program 

Specified budget project modules to be executed individually in phases 

2010 phased project approach aimed at managing scope and scale of the project as well as 

reducing cost 

Review of Revised Project Scope 

Project broken into 5 phases (Projects 1 Thru 5) 

Strategically designed to optimize scope and budget controls, installation, system development, 

and implementation 

Design focused on expandability, reliability/redundancy, effectiveness, and ease of maintenance 

and operation 

Cost estimates to include Items, Instruments, Electrical Services, and Engineering Services 

Project 1—Details (being proposed tonight) 

Project 1‐‐System Infrastructure and WTP … $465,433—Includes all parts, pieces, installation, 

development and integration 

SCADA Server and Software Framework 

WTP Network Backbone Components and Control Cabinets (5 Stations) 

Control Consoles for Filter Room 

System Monitoring Stations 

Fully Functional SCADA System


Project 2 thru 5—Details 

Appurtenances to be added to the Project 1 system infrastructure in 2011 and on … 

Project 2—Booster Station (Industrial Park) Integration 

Project 3—Remote Communications (Autocon) 

Project 4—Massie Creek Well Field Integration 

Project 5—CSU & Kinsey Road 

How much will the project cost? 

Initial Design (The Cadillac) 

Included all elements @ $1.1 Million 

Revised Design (The Honda Accord phased version) 

Project 1—System Infrastructure and WTP @ $465,433.00 

Projects 2‐5 @ $225,000.00 

Total Project Cost (across multiple years)—Less than $700,000.00 at full build out – Savings 

of around $400,000 

Where does funding for this project come from? 

Water Improvement Fund 

Revenues Generated from Water Bills 

Classified as ‘Enterprise Fund’ 

Completely separate from Tax‐Based Funding 

These funds cannot be comingled with Tax‐Based Funding 

Obligation to Maintain Management of Existing Assets and Services Under Sound Financial 

Programs 

How does the City proceed with SCADA from here? 

Exercise rights in XCO 208.13 and Financial Manual Section 5.5.2 for Design‐Build Contract 

Award for the WTP SCADA Project 

Why Design‐Build? 

Singular Responsibility. One person will be managing this very detailed, technical project. When 

multiple entities try to control a very detailed, technical project, a lot of disturbance and interference 

between the parties may result. It is best to have one entity managing the entire project. 

Quality 

Cost Savings 

Time Savings 

Reduced Administrative Burden. They will not be going between the contractor and design 

engineer. One vendor is designing, installing, and building the system. 

Improved Risk Management. When a contractor and engineer are working together, there will 

be disputes between the two, which could result in longer time, financial liabilities, and bonding. 

One vendor will handle the entire project. 

Qualifications for the WTP SCADA Project 

Qualifications for the WTP SCADA Project were received in July 2010 from the Kemper 

Controls/Kastle Electric Team. 

Staff evaluated the qualification statements and recent work history and recommend moving 

forward with Kemper Controls/Kastle Electric Team under a Design‐Build Contract. 

Kemper to work as General Contractor and Kastle as a Subcontractor.


Kemper Controls 

Based in Cincinnati 

Customer base includes both industrial and municipal clients 

High levels of technical expertise and industry knowledge 

Assembled diverse, qualified project team 

Extensive experience in SCADA 

Developer of Xenia’s Wastewater Treatment Division’s (WWTD) Alarm and Monitoring System 

Completed the WTP SCADA Scope and Project Redevelopment 

Kastle Electric Company 

Based in Dayton since 1925 

Customer base includes both industrial and municipal clients 

Full scale services offered from High‐Voltage to SCADA 

Acclimated and versed in the City’s WTP electrical systems 

Provided excellent service and response to the City in the recent past 

Mr. Tincu respectfully requested that Council entertain two motions: 

Motion 1: Waive the second reading and approve an emergency Ordinance to appropriate $13,000 into 

account 664‐6200‐53121 and $47,721 into account 664‐6602‐5599 for the completion of the WTP 

SCADA Project. The reason staff is requesting the appropriation of an additional $60,721 from the 

Water Fund is because the initial appropriations for this project were established back in 2007. 

Increases in instrumentation, supplies, labor, and other cost factors relative to inflation are represented 

in this funding shortfall. 

Motion 2: Allow the City Manager to enter into a Design‐Build contract with Kemper Controls for the 

WTP SCADA Project in an amount not to exceed $465,433. 





Motion by Vice President Mills, seconded by Councilman Caupp, that the rules requiring the 



Councilman Louderback asked how the new system would affect manpower. Mr. Tincu said the 

SCADA system has the capability, along with some other process changes, to possibly reduce 

the WTP to a dual shift operation, but that will be years from now. He was not promising 

anything because other pieces need to fall into place, but this is what will take them there. 

Councilman Louderback said he would vote “nay” because the City is in a financial crisis. He 

noted Mr. Tincu said the revised design went from a Cadillac to a Honda, but the City cannot 

afford a $700,000 Honda. He has a fiduciary responsibility to the citizens and will not approve a 

$700,000 expenditure for a system that has evidently worked since 2007. He asked Mr. Tincu 

what he meant when he said the system was defunct. 

Mr. Tincu said there is no control system on the current system. They have a set of standalone 

instruments for which they can no longer get parts, that are not serviceable, and that do not report


to anything. On the hour, WTP Operators write down notations on process changes. The 

SCADA system will bring them up to the industry standard. He reiterated that the first phase 

would cost $465,000 not $700,000. Councilman Louderback said he understood that and where 

the money comes from, but in good conscience and due to the City’s financial crisis, he cannot 

support the expenditure. Mr. Tincu said he respected his opinion. 

Councilman Caupp said over the last three or four years, the City has invested a considerable 

amount of money into the Water and Wastewater Treatment Plants. He did not think people 

realize what an asset it is to have those plants in our community and what a resource they are to 

this community. Times have changed and the City has to keep up with technology. They cannot 

let the City fall apart around us. We need to continue to bring our Water and Wastewater Plants 

up to modern standards, and he felt this project continues down that path. Whether or not we 

want to spend the money, he thought it was important that they continue to invest in this 

community. He is in favor of the project. 

Councilman Caupp said he met John Anderson who works for Seamans, a Cincinnati company 

that comes into communities and tries to find ways to make operations more efficient. He 

thought it would be good for Mr. Anderson and Mr. Tincu to get together to see if Seamans 

could possibly help with efficiency at the City’s WTP and WWTPs. After Mr. Anderson met 

with Mr. Tincu, he said Mr. Tincu was doing a tremendous job and that they were already doing 

things as efficiently as possible in those plants. That observation came from an outside 

professional who came to our City to see if there was anything they could do for us. After his 

conversation with Mr. Anderson, he felt confident in saying that our WTP and WWTPs run very 

efficiently. 

Councilman Louderback agreed the Water Plant runs very well, but he resents the implication 

that he would like to see the City run down. He is very supportive of the Water Department, and 

he resents somebody implying that he wants to see the City fall behind the times. This could 

very well have been brought up after the November Levy. He has a right to his opinion, and he 

thought the expenditure was wrong at this time. 

Councilman Smith said he would vote for the SCADA Project because he drinks City of Xenia 

tap water, not bottled water, and he wants it to continue to taste good. Before he became a 

member of Council, he and Mayor Bayless took a tour of the WTP. It is a great facility and he 

felt they owed it to the citizens to invest in the City’s Water Treatment Plant; therefore, he will 

vote for the SCADA project. Enterprise Funds can only be used for items directly related to 

water, sewer, sanitation, and stormwater, so why not let the Water Department have what they 

have earned. 

Mayor Bayless commended Mr. Tincu on the fine work he does. She also thanked him for the 

research he did to bring such a wonderful presentation before Council because so much of that 

information is hard to understand. 

Vice President Mills noted Xenia Township, Wilberforce, and other communities need water and 

pay the City for water. Water is a natural resource, but it takes money to make money. When 

we are unable to pick up leaves or plow streets, that is a hindrance, but not having water for basic 

needs makes water priceless. Homes, businesses, hospitals, etc., cannot operate without water.


She felt it was important to take care of the things the City owns. Just like we maintain our cars, 

etc., we should also maintain our Water Department. 

President Felton said she understood Councilman Louderback’s position because the City is in a 

tight financial situation, but she will support the expenditure. 








Motion by Mayor Bayless, seconded by Councilman Smith, to authorize the City Manager to 

enter into a Design-Build contract with Kemper Controls for the WTP SCADA Project in an 

amount not to exceed $465,433.00. No discussion followed. The Roll on this was the following: 





Introduction of a Resolution Accepting the Amounts and Rates as determined by 

the Budget Commission, and authorizing the necessary tax levies, and certifying them to 

the County Auditor. Mr. Bazelak respectfully requested that Council introduce a resolution 

accepting the Amounts and Rates as determined by the Budget Commission, authorizing the 

necessary tax levies, and certifying them to the County Auditor. As a formality each year, 

Council is requested to pass a resolution to accept the Amounts and Rates as determined by the 

County Budget Commission. For the year 2011, the Greene County Budget Commission has 

certified the total of estimated revenue from general property taxes as $1,615,000, which is very 

similar to what it was in last year’s Tax Budget. The Local Government Allocation for 2011 is 

$1,126,240. 

Councilman Smith introduced a RESOLUTION ACCEPTING THE AMOUNTS AND RATES 

AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE 

NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, and 

it was read for the first time. 


Motion by Vice President Mills, seconded by Mayor Bayless, to approve payment of bills 

totaling $159,165.27. No discussion followed. The Roll on this was the following: 








ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE SERVICE OF 

PERFORMING ANNUAL FIREFIGHTER PHYSICALS AS REQUIRED BY THE OHIO 

ADMINISTRATIVE CODE, and it was read for a second time. 

Motion by Councilman Caupp, seconded by Councilman Smith, that Ordinance Number 10-41 




Mr. Lewis presented an ORDINANCE AMENDING PART TEN – STREETS, UTILITIES 

AND PUBLIC SERVICES CODE, TITLE FOUR - UTILITIES, CHAPTER 1038 

DEFINITIONS, CHAPTER 1044 SEWERS GENERALLY, AND CHAPTER 1048 

INDUSTRIAL PRETREATMENT STANDARDS TO ACCOMMODATE OHIO EPA 

REGULATORY REQUIREMENTS FOR LOCAL LIMITS AND STREAMLINING 

REGULATIONS, and it was read for a second time. 

Motion by Vice President Mills, seconded by Mayor Bayless, that Ordinance Number 10-42 be 





READING OF COMMUNICATIONS AND DISCUSSION: Councilman Smith said he was 

able to briefly attend the First Fridays downtown event last Friday, and it appeared to have been 

well attended with many activities. Unfortunately, the event conflicted with the Xenia High 

School football game. He and his daughter chose to leave the game at half-time when the 

Buccaneers were losing 7-0, but they ended up missing part of a great game because the 

Buccaneers won in triple overtime. He congratulated the Xenia Buccaneers on a great victory. 

He wanted citizens to know he and other Council members have educational information 

regarding Ballot Issues 9, 10, and 11. Citizens can contact them to obtain correct information on 

those Ballot initiatives. 

Mayor Bayless welcomed a new Xenia business, Cambridge Home Health Care, 65 S. Progress 

Drive; they had their ribbon cutting two weeks ago. She congratulated her Alma Mater, Central 

State University, for their groundbreaking ceremony that marked the beginning of an $11.5 

million project to construct the first two of four new living-learning facilities. The two livinglearning 

centers will have a total 200 beds. Each center will accommodate classrooms, study 

areas, computer labs, laundry areas, etc., and are scheduled to be completed by August 2011. 

Governor Ted Strickland attended the groundbreaking ceremony. The building was named after


a very prominent and well-deserving member of our community, Dr. Harry Johns. She is very 

excited about the project and it was a great day. She attended the Rail & Arts Fest on 

August 28 th and presented the First Place Train Award to her former boss at James’ SuperValu 

and her buddy, Dick Strous. 

Vice President Mills said she attended the Rail & Arts Fest and First Fridays downtown, and it 

looked like everyone was having a good time. She invited everyone to join her at Faith 

Community United Methodist Church’s “Worship in the Park” at the Shawnee Park Pavilion on 

Sunday, September 12 th at 11 a.m. Lunch will be served after the services. 

Councilman Caupp said Saturday, September 11 th is the 19 th Annual Rusty's Ride that benefits 

needy families during the holidays that are served by the Greene County Combined Health 

District. The ride leaves from Buckminn’s D & D Harley-Davidson on U.S. 42 South/Cincinnati 

Avenue. Registration for the two-hour ride begins at 11:00 a.m. and the last bike will leave at 

12:30 p.m. The cost is $20.00 for the rider and $5.00 per passenger. The 50-mile ride ends with 

a hog roast, raffles, door prizes, and more. All makes of motorcycles are welcome. They are 

looking forward to having a bigger than usual crowd this year. 

Councilman Louderback said there seems to be a lot of confusion in the community about Issues 9, 

10, and 11, and he wanted to clear up some questions. People might ask how the City got into a 

situation where they have to ask citizens for a half-percent income tax increase. The Federal 

government is trillions of dollars in debt and that trickled down to the State of Ohio. In yesterday’s 

paper, the State ranked ninth in job losses, so it is obvious the City will not get help from the State. 

The City has lost a lot of revenue from citizens who worked at DHL and General Motors. The 

City laid off 24 people, including six (6) firefighters and six (6) police officers, closed Fire Station 

#2, and eliminated the Parks and Recreation Department, the Assistant Law Director position, and 

the Assistant City Engineer position. Non-union personnel have not had a raise in two years. He 

calls Issue 10 a “Jobs Guarantee” Charter Amendment. It is the most selfish, self serving act he 

has ever seen in his life. The Police and Fire Unions know the City is in the worst financial crisis it 

has ever faced, but they come out with a Charter Amendment that will bankrupt the City. Yes, 

Issue 10 will bankrupt the City by 2013, if Issue 9 fails and Issue 10 passes. 

Councilman Louderback said he wanted the unions to know what would happen if the City is 

bankrupt because he went through that with General Motors. The State will come in and take 

over our City. The first thing the State will do is dissolve the unions. Without a City, you can’t 

have a union, and the unions need to fully understand that. He does not support Issue 10, and he 

will be beating the doors against Issue 10. He is appalled how citizens could sign a petition 

knowing full well that it would bankrupt the City, unless the unions falsely represented the facts 

or citizens did not understand what they were signing. If citizens vote for Issue 10, and Issue 9 

fails, the City will be bankrupt by 2013. 

Councilman Louderback said since the unions put our backs against the wall and kicked us when 

we were down, the City had to come up with another Charter Amendment (Issue 11), which will 

allow the City to hire part-time, temporary, and/or volunteer firefighters, emergency medical 

technicians, and police officers. The City had no choice but to respond in that manner. The City 

has a fiduciary reasonability to the citizens who need to fully understand what the Fire and Police 

Unions are trying to do. The City pays its firefighters and police officers very well. Last year 

the highest paid Xenia firefighter made $105,334.29; the second highest made $93,485.64; and


the third highest made $87,945.20, and they have some of the best benefits in the State. The 

highest paid Xenia police officer made $97,325.56; the second highest made $96,093.45; and the 

third highest made $92,193.39. It is even more appalling to him how the unions can complain 

when they are some of the highest paid employees in the State. He is not only disappointed, but 

disgusted with their tactics. 

President Felton said she agreed with Councilman Louderback 100%. It is not that they did not 

try to settle the issue through contract meetings, etc, regardless of what has been said and 

published by the press. They negotiated in good faith trying to get it done. She personally spoke 

to former Commissioners and Council members who support the City’s position against Issue 10 

because they know how the City’s budget works and what is going on. She was given 

permission to share their names. They include Dennis Propes, Mayor John Saraga, Vernon 

Dillon, Larry Gordon, Mike Engle, Dr. Lee Esprit, Dr. Eric Winston, Bob Stillwell, Fran Miller, 

Tom Welsh, Mike Ungard, Arch Grieve, Fuzz Ross, Fred Hall, Mayor Phyllis Pennewitt, Donna 

Sue Groves, and Shawn Campbell. She was unable to speak with former Mayor Bill Wilson due 

to his poor health and age. All the people mentioned have years of experience. 

President Felton said she is very disappointed with where they are right now. She hates to see 

people lose jobs or see people laid off, but if the Charter Amendment for minimum manning for 

police and fire services passes (Issue 10), 27 employees will have to be laid off. Who is going to 

answer the phones? The Tax and Water Departments have to send out bills in order to increase 

revenue. She does not know how to cut more staff. Someone said to lay off the secretaries, but 

they have already been laid off. Michelle Johnson is our City Clerk who reports on all the State 

laws and keeps all our records; she is not a secretary. No one answers the phone half the time at 

the City Garage, because they do not have a secretary. It is a problem and they cannot allow 

Issue 10 to bankrupt the City. Xenia is a good place to live, so let’s keep it safe, defeat Issue 10, 

and pass Issue 9 so six police officers and six firefighters can be rehired and Fire Station 2 can be 

reopened. Council made that commitment last spring, but the Unions don’t seem to believe that 

will happen. Mr. Percival works for Council and he has already committed to doing that. She is 

tired of hearing they are hiding money - there is no money. Anyone can look at the City’s 

financial records and they are invited to do so. No one is hiding things from citizens. 

President Felton shared that Memorial Presbyterian Church on Fairground Road is sponsoring a 

“Pass It On” event. The church is accepting gently used or new items to pass along to others in 

need free of charge. 

ADJOURNMENT: Motion by Vice President Mills, seconded by Councilman Louderback, to 


following: 










6:00 p.m. 

The Xenia City Council met in a Special Session on September 23, 2010, at 6:24 p.m., in the 

City Council Chambers, City Hall, with the following members present: Jeanne Mills, John 


Felton. 

JEDD Contract with Xenia Township. Mr. Percival said once the Xenia Community School 

levy passed, discussions were held about ways to make sure they were able to capture some of 

the revenue generated by construction and Tecumseh School employees now and into the future. 

They looked at putting together a Joint Economic Development District (JEDD) that would 

allow the City and Township to partner with the schools so they could charge the City’s income 

tax to those two parcels of property. One parcel is where the school is currently located and the 

other parcel is behind it. They discussed a JEDD with Township Trustees and the Township had 

several meetings about it. The Township’s Law Director, Tom Miller, is also a member of the 

Greene County Prosecutor’s Office. Mr. Miller worked with Sandy Fackler from the City’s Law 

Department to develop the JEDD agreement. A normal JEDD is usually bigger than just two 

parcels. Part of the JEDD requires an economic development plan for that piece of property for 

now and into the future. Part of the proceeds from the JEDD will support the economic 

development plan for that piece of ground. In this case, there will not be a lot economic 

development on the school grounds, but part of those JEDD proceeds can go to support 

Tecumseh School’s activities, to purchase technology, etc. 

Mr. Percival said at least a year ago, Mr. Bazelak and he discussed a JEDD with the President of 

the Township Trustees. This particular JEDD will be small and generate small amounts of 

money. However, a JEDD in the Central State/Wilberforce area would generate significant 

dollars. This JEDD may be a baby step for them to be comfortable with having a JEDD in the 

Central State/Wilberforce area in the future. In essence, some of the proceeds from the JEDD 

could go to the Central State/Wilberforce property owners and to the Township so they could 

work on an economic development plan for that. The City is already providing water and sewer 

services to Tecumseh Elementary. The JEDD would require that Xenia Township provide the 

fire/EMS, zoning, and right-of-way maintenance. A JEDD requires that the two parties decide 

who will provide which services. In this case, the City and Township are already providing 

services to the land. The City is already providing the infrastructure and the Township is already 

providing some of the other services to that property. 

Mr. Percival noted Mr. Lewis distributed a copy of the timeline for the JEDD. Mr. Lewis felt the 

timeline was self-explanatory. They have a self-imposed deadline they are trying to meet, which 

is tomorrow, to try to keep the ball rolling. If the JEDD is submitted tomorrow, the JEDD will 

not go into effect until February 2011. Ground will be broken for the new Tecumseh Elementary 

School in the spring, most likely March, unless we have a long, cold spring. Mr. Percival said 

the construction folks plan to break ground in March. Mr. Lewis said the JEDD needs to be in


place by the time construction begins so the City can start collecting income tax. There are a lot 

of statutory requirements on the timeline (see Exhibit 1). 

Board of Directors: Mr. Percival said in most cases a Board of Directors oversees the JEDD. 

The five people on the Board will include: 

One (1) member appointed by City; 

One (1) member appointed by Township; 

One (1) member representing the school located in the district; 

One (1) member representing the persons working within the district; and 

One (1) member selected by the members. 

Mr. Percival said usually the amount of money going to the JEDD would be greater than what 

they are proposing now [$1,500 from each party], but there is not going to be a lot of activity in 

this JEDD; therefore, there is not a lot of need for additional resources. 

Mr. Percival said this JEDD is somewhat unique, because the City is already receiving some 

revenue from Tecumseh School employees who already live in the City. In essence, for the City 

to be able to receive 50% of the “new” revenue, they need to receive *63% of the JEDD 

proceeds. For the tax dollars collected for school employees, the Distributable Revenue will be 

as follows: 61% to City, 36% to Township, and 3% to the Board of the income tax generated 

from the payroll of the Xenia Community School District. For the tax dollars collected from the 

school construction, the Distributable Revenue will be as follows: 61% to Township, 36% to 

City, and 3% to the Board. 

Councilman Louderback asked for clarification on Page 9, Section 10 (f) of the JEDD Contract. 

(f) On or before July 1 of each year, beginning in 2012, Distributable Revenue from the prior 

year shall be paid to the Contracting Parties as follows: 61% to Township, 36% to City, and 3% 

to the Board for any contractual services for the construction or repair of the building or 

buildings over $25,000. Beginning in 2011, 75% of the Township share of any Distributable 

Revenue received by the City by August 31 st will be advanced to the Township by September 30 th . 

Mr. Percival said (f) is the revenue distribution during the construction phase, not the distribution 

in the long term. Councilman Caupp asked for clarification of Section 10 (e): 

(e) On or before July 1 of each year, beginning in 2012, Distributable Revenue from the prior 

year shall be paid to the Contracting Parties as follows: 36% to Township, 61% to City, and 3% 

to the Board of the Income Tax generated from the payroll of Xenia Community School District. 

Beginning in 2011, 75% of the Township share of any Distributable Revenue received by the City 

by August 31st will be advanced to the Township by September 30 th . 

Mr. Percival said (e) is the long term revenue distribution. Councilman Caupp asked if the City 

would receive 61% or 63%. Mr. Bazelak said initially the distribution was going to be 63% City 

and 37% Township to get the 50/50 split. Those figures were changed to 61% City and 36% 

Township once they realized both parties needed to provide an initial financial contribution of 

$1,500 and 3% to the District.


Mr. Bazelak noted he distributed a spread sheet prior to the meeting entitled “Quantitative JEDD 

Analysis.” Assuming the Economic Impact Analysis Policy he shared earlier this year was in 

place (although Council has not yet adopted it), he did a quantitative JEDD analysis to show 

what the projected revenue stream would be for the City, Township, and JEDD Board. Over a 

20-year period, the net present value of the cash flow proceeds to the City would be almost 

$141,000. Since the City already provides water and sewer to the District, they will incur no 

further expenses for this JEDD. There will be some internal expenses in the Finance Department 

to do the accounting and reimbursement to the Township. The City will also collect the interest 

proceeds and not be reimbursing the Township for any interest on the JEDD. 

Councilman Caupp clarified the City would get $9,031.44 per year. Mr. Bazelak said that was 

correct; the City is already getting about $6,800 (projected). The 50/50 split would result in the 

City and Township each getting approximately $9,000 per year in income tax revenues from 

current school employees. The $18,900 is the City’s 36% share of what they anticipate for 

construction of the new school [income tax paid by contractors]. He talked to Mr. Brodsky who 

talked to the school construction manager to come up with some cost estimates on what percent 

would be labor costs to try to establish an estimate on what revenue they can anticipate. 

Councilman Caupp said if they City is now getting $6,800 yearly in income tax revenue, and it is 

estimated they will get $9,031.44 yearly, the City is actually only getting about $4,000 more per 

year. Mr. Bazelak said the $9,031.44 per year is in addition to the $6,800. Councilman Caupp 

wondered if more employees would be added. 

Mr. Percival said that was one of the discussions they had; theoretically, the number of 

employees may increase. One item raised by the Township was that any contracted services 

would be split in favor of the Township. What they finally agreed to was Distributable Revenue, 

which would be 61% to Township, 36% to City, and 3% to the Board for any contractual 

services for the construction or repair of the building over $25,000. If the school has a nurse on 

contract, that would not be capital or construction costs but would be part of the school’s 

operating costs; therefore, that income would come back to the City. 

Councilman Smith asked if the City is currently receiving tax revenue from current Tecumseh 

School employees. Mr. Percival said yes, from those employees who live in the City, but 

overall, no. Councilman Smith thought the City should receive tax revenue from all the 

Tecumseh School employees because their headquarters is the Board of Education Office, which 

is located in the City. Councilman Caupp said that is what he said. Councilman Smith said even 

though his sister works for the McDonald’s Corporation in Huber Heights, her headquarters is 

located in Piqua, and she is required to pay income taxes to Piqua. Mr. Lewis said the test is 

where the work is performed not where the headquarters is located. Mr. Percival said 

Councilman Smith’s sister could apply for a refund every year. Mr. Lewis agreed. 

Mr. Percival said the majority of guys who drive trucks for SuperValu pay income tax to the City 

of Xenia. If they are on the road four out of five days, they apply for an income tax refund from 

the City because they are not actually working in Xenia on those four days. Because those truck 

drivers are performing their work somewhere else, they get a refund for that portion of their 

income.


Councilman Caupp asked if Mr. Percival was talking about people who live in the City or 

outside the City. Mr. Percival said people who live in the City still have to pay the 100%. 

Mr. Bazelak said the first obligation is to pay City income tax where you work. President Felton 

said even if you live in the City but travel, you can get a rebate. Councilman Caupp asked if he 

could have gotten a rebate for the three days a week he worked outside the City for many years. 

Mr. Percival said there is a maximum on the amount of credit allowed, but it would not have 

been a 100% refund. Mr. Bazelak said there has to be some documentation. They have 

obviously dealt with that on professors who come into town to work and then go somewhere else 

to work. 

Councilman Louderback asked for an explanation of the statement on the bottom of the 

“Quantitative JEDD Analysis” that states, “City revenue includes approximately $6,855.70 

already collected from school employees inside City – not in above figures.” Mr. Bazelak said 

the City is already collecting $6,855.70 in yearly income tax from current Tecumseh School 

employees who live in the City of Xenia. After the JEDD goes into effect, it is estimated the 

City will get an additional $9,031.44 yearly. The $18,900 is the City’s 36% share of what they 

anticipate for the construction dollars (income tax on contractors) for the new school. 

Councilman Louderback clarified the City’s share of the JEDD would be approximately 

$9,031.44 plus $6,800 yearly. Mr. Percival said that was correct. 

President Felton asked why the term of the agreement is so long (49 years). Mr. Percival said 

they initially suggested a 30-year JEDD, but the Township wanted it to be longer. He thought it 

needed to be a long-term agreement because of the long-term implications of the agreement. The 

agreement is for the economic development of the JEDD and it is a long-term agreement 

between the parties. President Felton said she understood that. 

President Felton said she did not want Xenia Township to assume any future JEDD’s would be 

written the same as this JEDD. Mr. Percival said President Felton’s point was well taken. 

President Felton said people often say “You did it once – why can’t you do it again?” 

Mr. Percival said a lot of that depends on the services being provided and the JEDD area. 

Vice President Mills asked why there was no Section 4 in the By-Laws Governing Xenia 

Township – City of Xenia JEDD-1 Joint Economic Development District. Section 3 is on page 6 

and Section 5 is on page 7, but there is no Section 4. Mr. Lewis noted Section 4 references the 

territory of the district, but he did not know why it was not included in Council’s copies. 

President Felton said the next step is to have a public hearing on the JEDD. Mr. Percival said 

they have to advertise the public hearing, but there is no further action needed tonight. President 

Felton entertained further questions. 

Councilman Caupp thought the JEDD was a good deal. The City has to start working with the 

Township on many things, and this is a small step in the right direction. The bottom line is if the 

City does not agree to the JEDD, the Township can go to some other municipality and enter into 

a JEDD with them. President Felton said she had no problem with the JEDD except for the fact 

that Mr. Percival had to educate the Township because they are not familiar with JEDDs. 

Mr. Percival said the City has been pushing a JEDD for the Central State/Wilberforce area 

because that is where there is a big chunk of money. The Township and City are already


providing services there, and they have a need for dollars for economic development, which a 

JEDD would generate for them, but the Township does not want to do that. 

Mr. Lewis did not think Tom Miller wrote three words in the JEDD agreement, because he has 

never done one before. Mr. Bazelak recognized Sandy Fackler from the Law Department for all 

the work she did on the JEDD, but also for staying on him, Mr. Percival and Mr. Lewis to make 

sure their areas were covered and that everything they wanted was included. Mr. Lewis said he 

gives 100% of the credit for writing the JEDD to Ms. Fackler, because Mr. Miller knew nothing 

about writing a JEDD. Mr. Percival said not many people in Ohio know anything about writing 

JEDD agreements. He noted he received a call from Ashtabula County about writing a JEDD. 

Councilman Caupp thought the only people who would be mad about the JEDD are a few 

teachers that don’t live in the City. 

Councilman Miller noted Mr. Percival has been involved in more JEDD’s than anyone in Ohio. 

Mr. Percival said this is the third JEDD he has written. When he wrote his first JEDD there were 

only two other JEDD’s in the State of Ohio (one in Akron and one in Miamisburg). The State of 

Ohio wrote the law for Summit County/Akron, but the legislators had to adjust the law because 

other people wanted to do the same thing. The original law was written so that no municipalities 

other than Akron and few surrounding township could have a JEDD. 

Councilman Miller said he did not mind a 30-year JEDD; the longer the better. President Felton 

thought a 30-year JEDD was better than a 49-year JEDD. Councilman Miller said the number is 

arbitrary; he did not mind a 49-year JEDD. 









7:00 p.m. 

The Xenia City Council met in a Regular Session on September 23, 2010, at 7:03 p.m., in the 

City Council Chambers, City Hall, with the following members present: Jeanne Mills, John 


Felton. 

INVOCATION: Sebert Guckian gave the invocation after which all joined in the Pledge of 

Allegiance. 

APPROVAL OF MINUTES: Motion by Councilman Louderback, seconded by Mayor 

Bayless, to approve the September 9, 2010, Regular Session minutes as written. No discussion 





SPECIAL PRESENTATION: Greta Mayer, Asst. Director of Programs and 

Communications Mental Health and Recovery Board for Clark, Greene & Madison 

Counties. Ms. Mayer said tonight she will speak on services in Greene County. She then shared 

a MHRB brochure entitled “Report to the Greene County Community” and thanked the Xenia 

Community for helping pass the November 3 rd renewal levy last fall. The renewal levy generates 

$4.9 million annually for much needed services for Greene County residents, and she wanted to 

update Council on their services. Some important highlights from the brochure are the Board 

and Agency initiatives. A few weeks ago they led the 40-hour Crisis Intervention Team Training 

with local law enforcement. They trained local law enforcement about mental illness and 

addiction and how to safely respond to a mental health crisis. Of the 22 police officers who 

graduated, four were from the Greene County Sheriff’s Office, three were Xenia police officers, 

and one was a Central State police officer. Xenia represented the largest group of Greene 

County officers that participated this year. Activities included classroom instructions and 

discussions with local experts in behavioral health, such as TCN and the Women’s Recovery 

Center. Clients and family members shared their recovery stories. They had role plays, crisis 

de-escalation techniques, and officer/case manager ride alongs; it is a unique partnership 

between the behavioral health community and local law enforcement. 

Ms. Mayer said in January, an international expert, Dr. Scott Miller, will train their agency 

personnel on the client directed outcome informed approach. The beauty of the approach is to 

help improve collaboration between the therapist and client, and to increase efficiencies at the 

agency level through partnerships. The center of the brochure also lists contact information for 

all current Greene County funded behavioral health agencies. 

Ms. Mayer stated an on-going challenge for them is responding to deep, state-level cuts they 

have experienced over the past two years. Greene County suffered a loss of $1.2 million. Some


of the most visible changes were the closing of TCN’s Creekside Detoxification Unit and 

Integrated Youth Services. On July 1, 2010, the new youth division of TCN opened. It is called 

the Family Solutions Center, and for the present, it will continue to operate out of Beavercreek. 

All the clinical services remain, but they are under one administrative umbrella rather than under 

two separate agencies. They are excited to announce that Michael’s House will soon open in 

Fairborn, to provide a warm and welcoming environment for children who are suffering from all 

forms of abuse. The MHRB’s goal is to improve system effectiveness, reduce administrative 

costs, and to preserve the level of needed clinical services to residents. She thanked Council for 

their continued dedication and support and encouraged them to contact the MHRB if they have 

questions about accessing services. 




Planning & Zoning Commission: Councilman Caupp said XPZC held a public hearing 

September 2 nd on the Major Amendment to the Progress Center PUD that Council heard at their 

last meeting. The Community Design Standards are still being reviewed by the Law 

Department. The next XPZC meeting will be November 18 th . 

Mayors & Managers: Mayor Bayless had no report this month. 


Board of Directors met on September 2 nd . Grants are available under the new Freedom Act to 

pay for curb cuts. The first thing he thought about was curb cuts in the South Hill subdivision 

and Walter Sellers Apartments. He noted Mr. Thacker has addressed Council several times 

about the need for curb cuts in that area. He received a few calls from handicapped residents on 

Wimbledon Drive and Bellbrook Avenue about the need for curb cuts. He talked with 

Community Development Director Mary Crockett about obtaining grant money for curb cuts. He 

was not promising anything, but he is trying to obtain dollars for said improvements. 


met on September 14 th and discussed the following upcoming events: 

XHS Spirit Day Event. There will be a tailgate party on Friday, October 1 st beginning at 

5 p.m. in the parking lot of Cox Elementary School before the Homecoming football 

game. There will be free hotdogs, chips, cookies, pop, a DJ, and games. 

Tree Committee. This will possibly be a subcommittee of BRACA involving the 

Greene County Master Gardeners and the Ohio Department of Natural Resources 

Forestry Division. The Tree Committee would recommend to the City the kinds of trees 

to consider at specific locations or to replace trees that have died. To qualify as a Tree 

City USA community, a city must meet four standards. Two standards are to establish a 

Tree Committee and to have an Arbor Day observance. The City would then be allowed 

to participate in activities in which other cities participate. 

Downtown “Hometown Christmas” Event. The event will be Saturday, 

December 11 th , from 1 to 6 p.m. The fun-filled annual event will feature horse drawn 

carriage rides, caroling, crafts for kids, and visits with Santa.


Councilman Smith noted BRACA was in charge of “Music in the Park” last summer. He wanted 

to again publically thank Nationwide Bi-Weekly Administration for sponsoring the three “Music 

in the Park” events. 

ITEMS FROM CITY COUNCIL AND MAYOR: Two (2) reappointments to Xenia Traffic 

Commission. Councilman Smith said Michael Lerch’s and Gail Cope’s terms on the Xenia 

Traffic Commission are due to expire on October 12, 2010, and both Commissioners have 

expressed a desire to be reappointed to the XTC for four-year terms. Both members have been 

assets to the Commission. 

Motion by Councilman Smith, seconded by Councilman Louderback, to reappoint Mr. Michael 

Lerch to the Xenia Traffic Commission for a four-year term expiring on October 12, 2014. No 




Motion by Councilman Smith, seconded by Vice President Mills, to reappoint Ms. Gail Cope to 

the Xenia Traffic Commission for a four-year term expiring on October 12, 2014. Brief 

comment followed. Councilman Louderback commended everyone who volunteers their time to 

serve on the City’s various Boards and Commissions. The Roll on this was the following: 



President Felton noted in the opinion section of the Dayton Daily News today there was an 

article entitled “Xenia needs funds, not amendments.” The ballot language for Xenia’s Issue 9 

— the 0.5-percent income tax increase — was changed to become more generic. In the language 

they proposed, they were attempting to be specific about how the proceeds of the levy were to be 

spent; specifically to rehire the six police officers and six firefighter/paramedics, to reopen Fire 

Station #2, for street improvements and general capital improvements. The Director of the 

Greene County Board of Elections changed the ballot language for Issue 9 citing Ohio Revised 

Code Section 718.01, C. The ordinance now states, “Shall the Ordinance providing for a half 

percent (0.5%) levy on income for maintaining police and fire service levels, street 

improvements, and other general capital improvements be passed?” City Council already 

voted to rehire the six police officers and six firefighter/paramedics and to reopen Fire Station #2 

[if Issue 9 passes]; therefore, that verbiage did not need to be included. Nothing has changed 

other than the verbiage. When the levy passes, the City WILL restore the six police officers and 

six firefighters, and reopen Fire Station #2. Council agreed. 

Mr. Lewis said as it was explained to him and the City Manager, the City cannot make promises 

in ballot language; it can only be stated in very general/broad terms. The Secretary of State’s 

Office actually changed the language and suggested something very generic. The City asked to 

at least include the minimum language that was on the May levy attempt, and the Office agreed 

to do that. President Felton clarified the Board of Elections and the Secretary of State, not 

Council, changed the language on Issue 9. Mr. Lewis agreed.


Councilman Caupp said prior to being elected to City Council he has been concerned about fire 

services in the City of Xenia. For years they have discussed the need for a third Fire Station in 

the City. Due to economic conditions, they laid off personnel, closed Fire Station 2, and have 

not expanded our fire services. About two years ago, he had several meetings with former Xenia 

Township Trustee, Richard Montgomery. They discussed how the City and Township needed to 

look at ways to work together to provide fire services. Since those initial meetings, many things 

have changed. Mr. Montgomery is no longer a Township Trustee, the City’s economic situation 

has continued to decline to the point where they have laid off our Safety Forces, and the City is 

asking for tax increases from the voters. The Township has continued to improve their fire 

services for residents. They purchased new equipment, upgraded fire houses, and improved 

training for their part-time employees. Xenia Township currently has approximately 80 parttime 

firefighters, of which 20 are EMT or Paramedic certified. Many of those part-time 

employees are actually professional firefighters in other jurisdictions, and one is a Xenia 

firefighter. 

Councilman Caupp said he and Councilman Louderback have continued discussions about fire 

services with Xenia Township Trustees, and they feel it is time for the City and Township to 

come to the table and discuss fire services as a whole. There are areas in which both 

jurisdictions could benefit from combined fire services. The City is growing with new 

residential development to the north and south, a new industrial park to the south is being built, 

and the Township has two fire stations that sit to the north and south of town. Perhaps working 

together with the Township will benefit all City and Township residents. They will never know 

if they do not start any formal conversations with the Township to see if there are any areas 

where they can help each other. In today’s economic climate, it has become necessary to exhaust 

all options. They must find ways to work with other jurisdictions to benefit the citizens. Falling 

tax revenues, union contracts, and overall expenses for fire services have forced us into this 

situation. The City has $11.5 million budgeted toward fire services. They must find a way to 

provide the best possible service in the most economical way possible. It is time to move 

“outside the box.” He is going to make a motion and a similar motion will be made at the Xenia 

Township Trustees’ meeting tonight. 

Motion by Councilman Caupp, seconded by Councilman Miller, to form a Committee to discuss 

fire services with Xenia Township, which shall be made up of one Township Trustee, two City 

Council members, the City Finance Director, the Xenia Township Fire Chief, and the City of 

Xenia Fire Chief. This Committee will meet to see if there are any areas in which combined fire 

services for residents would benefit both the City and the Township. It is simply an exploratory 

Committee. Discussion followed. 

Councilman Miller noted this is just an exploratory committee. He has been on Council long 

enough to know that any dialogue they can open up with any Township is the best thing they can 

do. The only thing he wants to do is to open dialogue to communicate ideas to see if they can 

build a bridge rather than a wall. 

Councilman Louderback referenced the Charter Amendment (Issue 11). Instead of the Police 

and Fire Unions working with City Council, they decided to work against us, and we had no 

other choice but to look at alternative services. If the Police and Fire Unions’ Charter 

Amendment (Issue 10) passes and Issue 9 fails, it will bankrupt the City. He has said that over


and over, but he is not sure people understand what he is trying to say. If Issue 9 fails, and Issue 

10 passes, it will bankrupt the City by 2013. The Police and Fire Unions are the most greedy, 

self-serving, selfish bunch of people with whom he has ever worked. He loves his City, and he 

has no words for a group that wants to bankrupt the City. He supports Councilman Caupp’s 

motion. 

Vice President Mills said she believes they need to have good partnerships with all our 

surrounding communities. Xenia Township, Cedarville, Spring Valley, and other local 

Township Fire Departments provide mutual aid, which has been a positive tool the City has used, 

and the City has reciprocated. The City is hoping to pass a levy to rehire police officers and 

firefighters. She definitely agreed the City needs more firefighters and police officers in Xenia 

as well as to assist our surrounding local communities like they support us. She will vote “nay” 

on the motion because she believes Council’s time and energy should be focused on passing the 

proposed income tax increase on the November ballot. If the levy passes, safety services will be 

at previous levels, and then they can move forward with discussions with Xenia Township. 

Mayor Bayless asked how soon discussions would begin. Councilman Caupp said they must 

first form the committee. Mayor Bayless asked if discussions could begin after November. 

Councilman Caupp said yes. 

Councilman Smith said he wanted voters to know that passage of Issue 9 is critical. Before he 

was elected to City Council, he never realized how tough it is to balance a budget when there is 

very little money with which to work. He drives through Beavercreek all the time, and although 

it is not fair to compare Xenia with Beavercreek, Xenia will never have a nice fire station like 

Beavercreek has on Dayton-Xenia Road unless they consider Councilman Caupp’s proposal. He 

favors opening up discussions with Xenia Township because it is a committee and not a promise 

or a jab at the unions or firefighters. A lot of firefighters are his friends and customers, and they 

may think this is a shot at them. The City needs to do something because by itself, Xenia will 

not make it past 2013 if Issue 10 passes and Issue 9 fails. They will see a lot of homes go up for 

sale if Issue 10 passes. He is very disappointed that a handful of people can dictate to the voters 

what they want us to vote on, and then be willing to pull that at the table when the City has an 

alternative. He commended President Felton for not blinking an eye. President Felton keeps a 

tab on everything that is going on in this City when it comes to money, and not a penny will get 

by her. He will support passage of the motion because it is an exploratory committee, and he is 

willing to open up any options they have. 

President Felton said she would not support the motion. They have gone this route once before, 

and she shared with Councilman Caupp before the meeting the two reasons why it did not work. 

Councilman Caupp has not done his homework and investigated why they were not interested 

the last time because of the finances, etc. The Township had a fire levy and fire equipment. A 

call for mutual aid went out today from the City, and the Township only provided two 

firefighters and one engine. You can talk about all the volunteers you have if you want, but the 

financial issues killed the plan, and the fire on North Detroit Street today showed why such an 

arrangement is not feasible. 

Councilman Caupp noted Xenia Township does not use volunteers – they use part-time 

firefighters. President Felton said whomever showed up today was not their volunteers.


Councilman Caupp reiterated the Township does not use volunteers. President Felton said they 

are like volunteers because they are not paid much. However, today the Township could only 

get two firefighters and one engine to respond. The City could have called for mutual aid from 

the rest of the County, but luckily, the City was able to recall employees from other shifts to put 

out the fire. She wants Council to look at what was discussed before so they have a history. She 

does not mind talking to new Township Trustees, and she admires newer members of Council for 

wanting to get involved. However, let’s be clear on what happened before. They could not work 

out an agreement on the money and equipment. She cannot support passage of the motion at this 

time. Later on, after they do some homework, she may support passage. At this time, she will 

vote “nay” on the motion. 

Councilman Caupp said he took exception to President Felton’s comment that he has not done 

his homework. He started talks with the Township two years ago. He understood that President 

Felton personally is against the finances, but that was ten years ago, and things have changed in 

ten years. This Council has changed and all the Township Trustees have changed. He will not 

be so close-minded to say that something that did not work ten years ago will not work today. 

President Felton said all she said was they need to look at why it did not go through before. 


Ayes: Caupp, Louderback, Miller, Smith, and Bayless 

Nays: Mills and Felton 




Municipal Court: 

Emergency Appropriation Ordinance for House Arrest Fund. Clerk of Court Pete 

Creamer respectfully requested that Council approve an Emergency Ordinance to appropriate 

$16,000 in line 101-1002-53295 to provide sufficient funding for the Electronically Monitored 

House Arrest (EMHA) Program for the remaining months of 2010. In October 2008, the XMC 

received its first grant for the EMHA Program, and they were able to hire Lynzy Lacure as a 

part-time employee. He noted Ms. Lacure was in the audience. Ms. Lacure is an outstanding 

Probation/House Arrest Officer who recently received the top scores in weapons accuracy. 

Ms. Lacure continued as a part-time intern in 2009 through the EMHA grant. In January 2010, 

the XMC received a full grant for over $80,000 which allowed Ms. Lacure to be hired full-time. 

The House Arrest Program and Ms. Lacure’s position is fully funded by the grant from the Ohio 

Department of Rehabilitation and Correction, Division of Parole and Community Services, thus 

requiring no expenditures from the City. Through June 30 th , Ms. Lacure was able to divert the 

150 jail diversions. 

Mr. Creamer said the EMHA grant funding uses a different fiscal year than the City (July 1 

through June 30). Since he did not know the XMC would receive full grant funding for the 

program when he prepared the 2010 budget, he did not budget sufficient funds in the EMHA line 

to anticipate the 2010-2011 EMHA grant/expenses. The first quarterly installment of the 2011 

grant ($31,291.75) was already deposited in the Revenue line item on July 29, 2010. This


request is simply a matter of appropriating those grant funds to allow the XMC to continue the 

EMHA Program for the remainder of 2010. Diversions for the next fiscal year will be spread out 

over the entire year so they will not have this same issue in 2011. He then invited Council to ask 

him or Ms. Lacure any questions they may have about the EMHA Program. 




FOR THE PURPOSE OF ADDING FUNDS TO THE XENIA MUNICIPAL COURT HOUSE 

ARREST FUND, AND DECLARING IT TO BE AN EMERGENCY. 




Councilman Louderback noted the EMHA Program potentially saves the City $270,000 

annually, which is great. Mr. Creamer said Greene County was targeted by the State as one of a 

dozen counties that had overcrowded jails, which led to this grant. He commended the Probation 

Department for having their eyes open and alert about the availability of the grant and for being 

able to secure it, since all grants are done through application. The Probation Department also 

received high marks when they were audited. 

Mr. Lewis said given the County’s current budgetary constraints, and the fact that they have had 

to close two pods in the jail, the EMHA is a valuable tool, particularly in light of the limited jail 

space available at this time. Employed non-violent offenders placed on EMHA pay the costs 

associated with the monitoring and the program allows them “work release” privileges. The cost 

associated with monitoring those defendants is paid by the grant. The EMHA Program allowed 

150 beds to be used for violent rather than non-violent offenders and potentially saves the City 

$270,000 annually [150 offenders x 30 days of jail x $60 per day (jail fee)]. 








City Manager’s Office: Mr. Percival introduced the new City Planner, Brian Forschner. 

Mr. Forschner has worked in the Oregon District in Dayton doing downtown revitalization in 

older buildings, has worked with the City of Middletown and many smaller communities, and 

had his own consulting business for City and Municipal Planning. Forty people applied for the 

position and Mr. Forschner was the number one choice of everyone on the interview panel. 

President Felton welcomed Mr. Forschner.


Councilman Louderback believes people that hold certain City jobs should live in the City. He 

feels the City Planner should live in the City of Xenia, and he would like Mr. Forschner to 

consider moving to the city he represents. 

President Felton said she would like ordinances to be enforced as written. If ordinances need to 

be changed, bring them back through the process and Council will look at them. Mr. Forschner 

agreed that was fair. 

Authorization to purchase seven (7) sets of firefighter turnout gear through the 

Ohio Cooperative Purchasing Program. Mr. Percival noted the Fire Division annually 

replaces firefighter protective clothing (turnout gear) in keeping with industry best practices. 

Turnout gear is put out of service if the gear becomes damaged beyond repair. Mandatory 

replacement is required by National Fire Protection Association (NFPA) after ten years of 

service; however, it is recommended to utilize protective gear for no more than five years. One 

set of gear using the cooperative purchasing program will cost $1,965 each from Lion Apparel of 

Dayton. 

Mr. Percival respectfully requested that Council authorize him to execute a purchase order with 

Phoenix Safety Outfitters (an authorized vendor of Lion Apparel) for the purchase of seven (7) 

sets of firefighter turnout gear in the amount of $13,755.00 through the Ohio Cooperative 

Purchasing Program. He noted Fire Chief Jeff Leaming was available for questions. 

Motion by Councilman Miller, seconded by Mayor Bayless, to authorize the City Manager to 

execute a purchase order with Phoenix Safety Outfitters for the purchase of seven (7) sets of 

firefighter turnout gear in the amount of $13,755.00 through the Ohio Cooperative Purchasing 

Program. Discussion followed. 

Councilman Caupp noted six firefighters were recently laid off. He asked if the turnout gear of 

those six firefighters could be used by other firefighters. Chief Leaming said the turnout gear is 

custom made/tailored for each individual firefighter. It cannot be bought off the rack and takes 

three months to be processed. If Issue 9 passes as they hope, the gear for those six firefighters 

that they have in storage will be used when those six firefighters are rehired. He was not sure it 

would be conducive for firefighters to use the turnout gear that is custom made for another 

firefighter. 

Councilman Caupp noted Council has put a hold on many expenditures, such as police cruisers. 

Since the bid for turnout gear is good through October 31, 2011, he suggested the $13,755 

expenditure be put on hold until they know what happens on November 2 nd . This is one of the 

only occupations he knows of where employees are not responsible to pay for anything. 

Firefighters get a $750 uniform allowance each year, so they don’t even buy the clothing they 

wear to work. A tool and die maker and carpenter are responsible for purchasing their own tools. 

Maybe a firefighter should have to purchase his own turnout gear once every five to ten years. 

The agenda report states the equipment is good for ten years. If the equipment lasts ten years, 

$1,965 would be a pretty good investment when you are making $60,000 to $80,000 a year. He 

would like to wait for approval of the expenditure until after the November election. 

Councilman Louderback agreed with Councilman Caupp. The agenda report states mandatory 

replacement of turnout gear is required every ten years. He wanted the firefighters to know the


City of Xenia is in the worst financial crisis in its history, but he did not know if they understood 

that. He sees no reason to replace turnout gear after only five years. The firefighters need to 

wait just like the rest of our employees. He could not support the expenditure. 

Mayor Bayless asked how old the gear is. Chief Leaming said all sets of turnout gear they are 

requesting to be replaced are at least five years old. Care and maintenance of protective 

ensembles for structural firefighting is maintained in accordance with NFPA standards, which 

require regular cleaning, inspection, and replacement in accordance with manufacturer’s 

recommendations. This is a safety issue and not something they can put off purchasing. This 

equipment is just as important as a bullet-proof vest for a police officer. If firefighters do not 

have confidence in their gear or it is beyond repair, then it needs to be replaced, which is why 

they are requesting the expenditure be approved just like they have done every year during his 

tenure on the Fire Division. 

Councilman Louderback asked why the mandatory requirement replacement of turnout gear is 

every ten years. Chief Leaming said the NFPA standard requires that turnout gear be disposed of 

every ten years. It is recommended to utilize protective gear for no more than five years or 

earlier if the gear becomes damaged beyond repair. Councilman Louderback said he had a hard 

time believing turnout gear needs to be replaced every five years. 

Councilman Miller said he had no comment on the turnout gear, because it is a safety issue. The 

Fire Chief mentioned that the turnout gear is just as important as a bullet-proof vest for a police 

officer; however, Xenia police officers buy their own bullet-proof vests. The City only pays for 

bullet-proof vests for SWAT officers. Councilman Caupp said that was exactly his point. 

Mr. Percival and President Felton said the City pays for bullet-proof vests for police officers. 

Councilman Miller said his police officer friends in Dayton and Columbus purchase their own 

bullet-proof vests. President Felton said that may be true, but that is not true for Xenia police 

officers. Councilman Louderback thought that was another change they need to make. 


Ayes: Mills, Miller, Smith, Bayless and Felton 

Nays: Caupp and Louderback motion carried. 

Emergency Resolution authorizing the submission of a Congestion Mitigation/Air 

Quality (CMAQ) Application to ODOT through MVRPC for the construction of the 

Jamestown Tunnel Crossing. Mr. Percival noted at the August 26 th Council meeting, the City 

contracted with LJB, Inc. to design the tunnel that will traverse the U.S. 35 Bypass. Although 

the design is not complete, the preliminary estimate for its construction is over $1.8 million. The 

City does not have the $422,123 as its local share for this project. 

On September 9, 2010, the Miami Valley Regional Planning Commission (MVRPC) announced 

the availability of SAFETEA-LU funds to construct bikeway systems through the CMAQ 

program, which the City has used in the past. The funding requirement for CMAQ applications 

requires a 20% local match. If the City is fortunate enough to be awarded the funds, our local 

share would be reduced to $84,424.60 (from $422,123). Because the deadline for submission of 

the CMAQ application is October 14, 2010, which is the next time City Council meets, he 

respectfully requested passage of the resolution as an emergency that would authorize him to


submit an application for funding of the City’s local share of the Jamestown Connector Tunnel 

construction. 


SUBMIT AN APPLICATION THROUGH THE MIAMI VALLEY REGIONAL PLANNING 

COMMISSION FOR CONGESTION MITIGATION/AIR QUALITY PROGRAM FUNDING 

FOR THE CONSTRUCTION OF THE JAMESTOWN CONNECTOR TUNNEL CROSSING, 


Motion by Councilman Caupp, seconded by Vice President Mills, that the rules requiring the 



Councilman Caupp noted at the August 26 th meeting, Council approved engineering money for 

the Jamestown Bikeway Tunnel under the U.S. 35 Bypass. He asked Mr. Percival to explain the 

funding source for the engineering. Mr. Percival said the City was able to secure $430,000 in 

Clean Ohio Trail Funds (COTF) from the Ohio Department of Natural Resources, and MVRPC 

granted the City’s request for funds to be re-appropriated from construction monies to design 

monies to pay for additional engineering. No General Funds will be used. Councilman Caupp 

noted some citizens questioned Council about spending money for engineering, but that 

engineering money actually came from another grant; no City funds were used. Mr. Percival 

said that was correct. Councilman Caupp said even if the CMAQ grant is approved, the City 

does not have $422,123 as its local share of this project. Council can deny the grant, but the 

hope of this Council is that other agencies (state, county, or someone else) steps up to the plate 

with additional funding for this project. 

Mr. Percival said that is what they are trying to do – to get a funding source for the City’s local 

share for the tunnel ($422,123) through the Congestion Mitigation/Air Quality (CMAQ) grant 

process. The City presented several alternatives to ODOT in an attempt to have the tunnel portion 

of the project removed, but ODOT did not approve any of the alternatives that would have cost a 

total of $100,000 to $200,000. ODOT said if the City was going to complete the Jamestown 

Bikeway Connector, we had to build a tunnel. The alternatives the City offered to ODOT to save 

Xenia and the State of Ohio money were denied. 

Councilman Caupp said he wanted the citizens of Xenia to know that no one on Council is 

willing to spend $422,123 for a tunnel under the U.S. 35 Bypass. We have many, many more 

projects within the City that are a necessity, which is why they are trying to get the $422,123 

through grant money. 

President Felton said Council often gets criticized for passing emergency legislation, and she is 

often the first one to complain about them. Although Council has a number of emergencies, 

many of them are justified because they have to meet certain deadlines before the next Council 

meeting. There is a logical explanation for emergencies; it is not to keep the public from 

knowing anything. If citizens see emergencies on the agenda and have questions, call any 

Council member and they will get them an answer. 

Mr. Percival said a resolution should never have to be passed as an emergency. Resolutions are 

supposed to be presented so there is no emergency. President Felton noted Xenia’s City Charter


does not say that. Mr. Lewis said the City Charter does not distinguish between an ordinance 

and a resolution; he knows of no other city that does that. There is no reason to have a resolution 

if it is going to be treated the same as an ordinance. 




Motion by Councilman Caupp, seconded by Vice President Mills, that Resolution Number 10-Y 




Emergency Resolution authorizing the submission of a Surface Transportation 

Program (STP) Application to ODOT through MVRPC for Safety Improvements to the 

intersection of West Main Street and Hospitality Drive. Mr. Percival said this is the same 

project they have been working on for quite some time. American Structurepoint was hired to 

present a Governor’s Highway Safety Office application to ODOT, but it was denied. This is 

another attempt to get the project funded. The recommendations are the construction of a new 

traffic signal/eastbound deceleration lane onto southbound Hospitality Drive and the construction 

of a STOP “T” Intersection at the high speed directional exit ramp from U.S. 35 onto eastbound 

W. Main Street, which hopefully will improve safety in the area and congestion issues at that 

intersection. 

Mr. Percival respectfully requested that Council pass an emergency Resolution to authorize him 

to submit an application for STP funding through MVRPC for safety enhancements to the 

intersection of West Main Street and Hospitality Drive. 


SUBMIT AN APPLICATION THROUGH THE MIAMI VALLEY REGIONAL PLANNING 

COMMISSION FOR SURFACE TRANSPORTATION PROGRAM FUNDING FOR THE 

CONSTRUCTION OF SAFETY IMPROVEMENTS TO THE INTERSECTION OF WEST 

MAIN STREET AND HOSPITALITY DRIVE, AND DECLARING IT TO BE AN 

EMERGENCY. 




Councilman Caupp said he was chair of the Xenia Traffic Commission for two years, and the 

Progress Drive area has always been a traffic nightmare. Progress Drive was originally supposed 

to be a four-lane road with center islands. However, previous members of Council allowed the 

developer to make Progress Drive a two-lane road, and change the parceling of that property, 

which created the traffic nightmare we have today. This Council is working toward finding a 

solution to the mistakes of previous Councilmembers. We will have to spend some money to fix


the problems in the Progress Drive area, but they are problems that must be fixed so we can 

continue to develop the land at Progress Center. 

Councilman Miller asked if American Structurepoint would again be hired to go to Columbus to 

present the safety implications of the intersection and to recommend improvements. 

Mr. Percival said no; this request goes through MVRPC. If MVRPC approves it, the City will 

get the money to take care of the problem. The design will have to be approved by ODOT, but 

the funding will come directly to the City from MVRPC, not ODOT or the Governor’s Highway 

Safety Office. 

Councilman Caupp publically thanked City Engineer Chris Berger for the hours he has devoted 

to this project. Mr. Berger was able to get consulting done at no cost to the City, and he has done 

a good job of trying to find the most economical solution to the problem. 

President Felton recalled when Progress Drive was built. Council worked with Greene County 

Engineer Bob Geyer. The City wanted the interchange; however, the State said no because of 

the exit from U.S. 35. She hopes the changes are made because they are needed, but the design 

must be approved by ODOT because of the U.S. 35 exit ramp. Mr. Percival said this is a safety 

problem. The design that Mr. Berger and American Structurepoint came up with will provide 

that deceleration lane, but it will also provide a traffic signal that will allow left turns out, which 

will alleviate another problem. This solves the problems; they just need to be able to fund it. 

Councilman Caupp said another issue is semi trucks on Progress Drive making a turn to get to 

Hospitality Drive to get to Walmart and Lowe’s. If they open up the end of Hospitality Drive, 

they can make that intersection wider and semi trucks can more easily make the turns to get into 

those stores. It solves a lot of issues in that entire section. 

Vice President Mills noted funding comes from Fund 229, the Auto Tax Fund that can only be 

used for specific things, which do not include general capital improvements. Mr. Percival agreed 

money from Fund 229 would be used for the City’s local match since those funds can only be 

used for transportation. 

President Felton said somewhere in old City Council, XPZC, or XTC minutes, Walmart and 

Lowe’s agreed in concept to help pay for some improvements if they were needed later. 

Councilman Miller agreed. Mr. Percival said he would do some research on that. Councilman 

Caupp said that was the first he heard about that. 

Councilman Miller said those companies may say that, but when push comes to shove, the 

corporations will not come through with the money. Lowe’s did not include brick pillars in their 

retention pond design even though the approved plans required them, and they will not fix it. 

When Walmart and Lowes met with BZA to discuss the signs they wanted, the meeting lasted 

until midnight because they fought for every sign their corporations wanted. Mr. Lewis said for 

the record, Walmart built their retention pond correctly. 





Motion by Councilman Caupp, seconded by Councilman Miller, that Resolution Number 10-Z 




Reject the bid for the Two 1-Ton Trucks with Utility Bodies. Mr. Percival 

respectfully requested that Council reject the bid for two 1-ton trucks with utility bodies because 

the bid did not meet the specifications. 

Motion by Councilman Miller, seconded by Councilman Louderback, to reject the bid for two 

1-ton trucks with utility bodies. Discussion followed. 

Councilman Caupp asked what staff currently uses to transport a compressor. Mr. Percival 

thought staff uses a 1-ton dump truck. Councilman Caupp asked if it was a pull behind trailer 

compressor. Mr. Percival said yes. The new 1-ton trucks would actually have a compressor 

built into the truck. Councilman Caupp asked if it was possible to buy the utility body and put it 

on a current truck frame. Mr. Percival said he did not know but would find out. Councilman 

Caupp noted the Public Service Superintendent drives around in an F-350 1-ton truck, and from 

what he could see, it never gets used for work [in the field], other than supervising employees. 

They just took two vehicles out of the Water Department that are more than capable of being 

used for someone to drive around to supervise employees. Maybe they can just buy the utility 

body and pull the bed off the 1-ton truck the City has and put a utility body on the bed. What 

they do is buy a pickup chassis without a bed, put a utility box on it, and you have a 1-ton truck 

with a utility box. 

Councilman Miller noted some car dealers are hurting to sell trucks and vehicles. He has a 

friend who purchased a $43,000 1-ton truck for $23,000 because the dealer could not sell it on 

the lot. He realized some items must go out for competitive bids, but some dealers have “new” 

one- or two-year old trucks that they need to get rid of. Rather than the bid specifying a new 

truck, he wondered if the bid could be for a one- or two-year old truck that is sitting in the back 

of a car lot. It may not exactly meet the bid specifications, and it may just have a chassis and no 

bed, but they could fix it the way they need to. 

Mr. Percival said they could look at all those different options. President Felton suggested staff 

talk to different car dealers to see what they have available at the best price without doing 

competitive bidding. The Roll on this was the following: 



Items for the City Manager: Councilman Miller noted the City is working on a JEDD 

contract with Xenia Township involving some property where the City and Township would 

both provide services. Basically, a JEDD is just sharing services and some of the tax base. 

There are not that many JEDD’s in the State of Ohio, but thanks to the City Manager, Law 

Director, and Finance Director, the City has two active JEDD’s and this will be the third one. 

Mr. Percival clarified this is the City’s first JEDD, but the City has other development 

agreements that are similar to a JEDD. Councilman Miller commended the Appointed Officials


on their efforts to get a JEDD, because some surrounding townships do not want the City to grab 

their land and incorporate it. This is just one way cities and townships can cooperate with one 

another to the benefit of both. 


Award of Bid for a three-year contract to outsource the printing and mailing of 

monthly utility bills and disconnect notices. Mr. Bazelak respectfully requested that Council 

award the bid for outsourcing the printing and mailing of monthly utility bills to SmartBill for a 

three (3) year contract period at the specified bid rates. They have been extremely happy with 

the services SmartBill has provided to the City over the last four years. SmartBill’s quote for 

2011 and 2012 will be less than the actual rates for 2010. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to award the bid for 

outsourcing the printing and mailing of monthly utility bills to SmartBill for a three (3) year 

period at the rates specified and authorize the City Manager to enter into the agreement. 


Councilman Caupp suggested Mr. Bazelak negotiate all the items in the City if he can actually 

get vendors to quote prices less than in previous years. Mr. Bazelak said that is the value of 

competitive bidding, and why he is always in favor of it. Competitive bidding may not always 

be the best option, but it does help. 

Although some local companies were sent bid packets, Councilman Smith noted no local 

companies submitted a bid. 







 

Page 1 – Bright Street at $1872.50 for traffic signal replacement at Detroit/Hollywood. 

Councilman Caupp asked if that is one of the new lights that was replaced as part of the Traffic 

Signalization Project. Mr. Percival said the light was repaired not replaced, but he will check to 

see if that was one of the new traffic signals. 




Items for the Finance Director: Mr. Bazelak invited citizens to check out the City’s 

website. There is a lot of good information about the upcoming levy and Charter Amendments.



Emergency Ordinance approving the Supplemental Pages prepared by American 

Legal Publishing for the Yearly Update of the Codified Ordinances. Mr. Lewis noted a fiveyear 

contract with American Legal Publishing was approved on December 8, 2005, which called 

for a complete recodification in 2006, and subsequent annual updates through 2010. A complete 

recodification of the City’s Codified Ordinances was accomplished in 2006 and approved on 

February 8, 2007. Annual updates were accomplished in 2007, 2008, and 2009. 

All Ordinances and Resolutions approved since last year’s annual update were sent to American 

Legal Publishing in April, and the publisher has completed the fourth update and has provided 

replacement pages for inclusion in each book. Also included are certain changes to the Code to 

bring City law into conformity with State law where required. A summary of new matters 

included is set forth in Exhibit A, which is attached to the Ordinance. 

Mr. Lewis respectfully requested emergency passage of the Ordinance as it is a health and safety 

issue that these Ordinances be updated and provided to the citizens and the Police Division. 

Vice President Mills presented an ORDINANCE APPROVING THE EDITING AND 

INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT 

CODES OF THE CODIFIED ORDINANCES; PROVIDING FOR THE ADOPTION AND 

PUBLICATION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED 

ORDINANCES; REPEALING ORDINANCES IN CONFLICT THEREWITH; AND 





President Felton noted this is another emergency. Mr. Lewis reiterated emergency passage of the 

Ordinance is a health and safety issue. A lot of the changes were not necessarily changes they 

made; they were changes made by the State of Ohio. When the City’s Ordinances mirror what 

the State of Ohio does, it is very important that the copy police officers are carrying in their 

cruisers is the latest version of those laws in case they are contested. 




Motion by Vice President Mills, seconded by Councilman Miller, that Ordinance Number 10-44 





ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF XENIA BY AMENDING 

THE PROGRESS CENTER PUD TO ADD SIX (6) PARCELS OF LAND TOTALING 16.107


ACRES AND CURRENTLY ZONED B-3 HIGHWAY-ORIENTED BUSINESS, and it was 

read for a second time. 





Mr. Lewis presented a RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS 

DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE 

NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR, and 

it was read for a second time. 

Motion by Councilman Smith, seconded by Vice President Mills, that Resolution Number 

10-AA be now passed. No discussion followed. The Roll on this was the following: 



Items for the Law Director: Mr. Lewis recognized Management Analyst Sandy Fackler 

for the endless hours she devoted to writing the JEDD agreement discussed earlier this evening. 

Ms. Fackler is an unbelievable asset to the Law Department and she has educated some folks on 

the ins and outs of a JEDD. President Felton agreed. Ms. Fackler can always answer her 

questions. 


congratulated Xenia resident Christina Johnston for winning the 2010 Air Force women’s half 

marathon and Mr. Lewis’s wife, Amy, for winning the women’s full marathon for her age group. 

Mr. Lewis noted his wife came in 11 th in the marathon overall with a time of 3:26. 

Councilman Louderback encouraged all citizens to read the Editorial: Xenia needs funds, not 

amendments that appeared in today’s Dayton Daily News. Basically the editorial says to vote 

“yes” for Issue 9 (the City’s 0.5-percent tax increase levy) and “no” on both Charter 

Amendments (Issue 10 and Issue 11). For lack of a better term, the editorial says how greedy the 

fire and police unions are. The editorial states, “Xenia taxpayers simply cannot afford to 

guarantee jobs in what is their municipal constitution.” He wondered if the Dayton Daily News 

was still available online free of charge. Councilman Miller said that depends on the article, but 

he thought the editorials, opinions and headlines are available for free on their website. 

Mr. Bazelak said the editorial would be posted on the City’s website. They talked to the Dayton 

Daily News and received permission to place links to some of their articles on the City’s website. 

Councilman Louderback said this is the third article where the Dayton Daily News has 

condemned the unions. He is a little disappointed that our Xenia Daily Gazette does not seem to 

take a position on any of it anymore. 

Councilman Louderback said Issue 9 would increase the City's income tax rate by one-half of 

one percent to restore six (6) firefighters, six (6) police officers, and reopen Fire Station #2. The 

money would also be used for street improvements and other general capital improvements. The


increase would cost people who are retired or on disability nothing. For those with an earned 

income of $40,000, it would cost $.57 a day. If Issue 9 fails and Issue 10 passes, the City will be 

bankrupt by 2013, so use your conscience when you vote on Issue 10. The Charter Amendment 

(Issue 11) will allow the City to hire part-time, temporary, and/or volunteer firefighters, 

emergency medical technicians, and police officers. In the spirit of compromise, if Issue 9 

passes, and Issue 10 and Issue 11 fails, he would be tickled pink. He noted absentee voting 

begins September 28 th and a lot of people in our City vote by absentee ballot. He encouraged 

citizens to understand the issues because the Police and Fire unions are trying to confuse citizens. 

He encouraged citizens to call any members of Council or the Appointed Officials if they have 

questions. He reiterated, if Issue 10 passes, it will bankrupt the City. 

Councilman Caupp said last Sunday he and Community Development Director Mary Crockett 

attended a food processing business seminar in Wilmington. There were also five other 

participants from the City of Xenia who attended. A food processing center for innovative food 

technology from Toledo gave the presentation, along with the Director of Food Ventures for 

ACEnet from Athens, Ohio. It is a non-profit organization that is a kitchen incubator that helps 

food growers, chefs, restaurant owners and others to create value added products and bring them 

to market. He became interested in incubators after talking with someone who does a lot of work 

in the City of Hamilton, which has a business incubator. Their incubator is not a food incubator 

rather it is a business incubator. He has done business with companies that work out of the 

Toledo kitchen incubator and ACEnet in Athens. He thinks it is a great opportunity to get a 

small business up and running, and there are a lot of grants to help. The City of Xenia might 

possibly partner with Wilmington College or do something on our own. There are several 

locations within our City that he and Ms. Crockett believe would work for something like this. 

He would like to see it go beyond a kitchen incubator to possibly a small business incubator. It 

was a very interesting learning experience. 

Councilman Caupp said he looked long and hard to find a mug shot of Councilman Louderback 

and he found one! He noted Councilman Louderback was one of the top ten jailbirds who raised 

a lot of money on September 21 st for the Muscular Dystrophy Association at their annual Lock 

Up event. He commended Councilman Louderback for being one of the top ten jailbirds and for 

raising a lot of money for MDA. 

Councilman Caupp said while in the Walgreen’s parking lot looking at Burger King, he noticed 

their impeccable landscaping, beautiful flowers, decorative block, trimmed bushes/trees, and a 

well manicured, watered lawn. Burger King should be commended for taking that much pride in 

their business and for looking as nice as any business in the City. Vice President Mills asked if 

that was a nomination for a Beautification Award. Councilman Caupp said absolutely! 

Vice President Mills she along with Mayor Bayless and City Manager Jim Percival attended the 

open house for The Cleft in the Xenia YMCA basement. The Cleft provides a safe place for 

junior high and high school students to meet. The Cleft has new education, recreation, and 

arcade areas. The grand opening for the public will be October 22 nd . If citizens have questions, 

they can go to www.thecleft.org, their Facebook page, or stop by the YMCA. The Cleft hopes to 

open a small kitchen and have a pool table in the future.


Vice President Mills said on Sunday, October 17 th at 2 p.m., there will be a Victory Walk at the 

Vera Schneider Outpatient Building at Greene Memorial Hospital. The Victory Walk is 

dedicated to raising awareness about cancer one step at a time and to raising money for all cancer 

victims from Greene County. Raffle tickets are $5 each or 5 for $20, but only 1,000 tickets will 

be sold. First prize is an iPad; the second prize is an iPod touch; and the third prize is a 32” flat 

screen television. For more information on the event or tickets, contact the Greene Foundation at 

352-2250. 

Mayor Bayless said she has lived in Xenia her entire life, and this city really means a lot to her. 

The levies on the November ballot are extremely important, and they are working very hard on 

Issue 9. When they make these decisions, they think short-term for Xenia, but they also must 

think long-term, which is why she is open to any discussions. They have to work for the City 

and she looks forward to the time when they can all come together and work. Right now it is 

split and she does not like that. It is her understanding that all police and firemen do not like it 

either. They have to come together, think of the City, and take themselves out of it. She looks 

forward to the time when they are able to do that, and to make Xenia an attraction that it 

certainly has the potential to be. 

Mayor Bayless said she attended the Change of Command at the Xenia Armory last Saturday. It 

was amazing what those guys do and wonderful to hear. They will involve her in something in 

the future in Indianapolis. She welcomed the new Captain, Captain Keithly. A few days ago she 

attended Choices Inc. (Children Have Options in Caring Environments) in Kettering. The 

Choices Program helps children who have been abused and make it through any way they can. 

The main speaker was a Xenia High School graduate, and he was so inspiring. It was an 

excellent program, and she wanted to thank the people who work so hard to help teens become 

productive adults. The main speaker is now attending Wilmington College. As Vice President 

Mills already mentioned, she attended The Cleft open house this evening. They have a paper 

television on the wall that says “In the future it will be a flat screen.” (Laughter followed.) 

Councilman Smith said a few weeks ago a citizen who lives at Walter Sellers Apartments 

presented a petition to Council to get handicap curb cuts on Ledbetter Road. He is glad that 

people take an interest in our community and signed the petition. He is glad that Councilman 

Louderback is doing what he can with MVRPC to find the funds to get projects accomplished. 

That is what Council is all about. We know there are projects that need to be done in Xenia, but 

they take money. If we don’t have the money, they will try to find funding through grants, 

which is why they sometimes have to pass emergency ordinances quickly in order to meet the 

grant deadlines. They are not trying to pull the wool over anyone’s eyes. In the latest edition of 

Nation’s Cities Weekly, there is a job posting for an Assistant City Manager, and the salary range 

is $121,000 to $192,000. People are complaining about what our Appointed Officials are paid. 

He would love to apply for the job, but it requires a MS/MA in Public/Business Administration/ 

Management, and he only has an Associate’s Degree. Xenia cannot afford to pay their Assistant 

City Manager that much money. Before citizens criticize what the City Manager makes, they 

need to understand the amount of pressure he is under. He then read the following statement: 

“As a Council member, it is an honor and a privilege to address everyone in Xenia. To those 

who are watching, thank you for your time, your concern, and your interest in our city is noted. 

In this election, City Council is allowing you the citizens to make a choice – a choice in the type


of community you wish to call your home. Last May, the requested ballot levy was narrowly 

defeated by 90 votes. We understand that and know times are tough. Citizens are losing faith in 

their local government, in their State government, and even in our President of the United States. 

We know people are angry and frustrated. While the levy was defeated last May, as Council, we 

have no choice but to continue to ask the voters one more time to reconsider. Issue 9 is critical 

for all of us because we are all in this together, and you get what you pay for. 

Cuts have been made in the City and more cuts will be considered and continued. The City of 

Xenia has limited resources; we do not have the revenue we once had years ago. Layoffs at 

General Motors, SuperValu, DHL, and others have impacted our town and has created a financial 

disaster for this City not seen since the 1974 tornado. Our community has rallied before and can 

rise to the occasion. 

The election this fall is different. Unless you are fully informed, you will be confused. You will 

see a ballot initiative, not only from the City of Xenia, but from the Get Alarmed Citizens 

Political Action Committee – Issue 10. When he was 18 years old he managed a shift restaurant 

for a local chain. As the manager, he was allowed to have a certain number of employees per 

shift. If they took in $100 an hour, they were allowed five employees. If they took in $200 an 

hour, they were allowed six employees. If you owned a restaurant and had six employees per 

shift, what would happen if all of a sudden those six employees banned together and demanded 

10 employees per shift. Even though you are the manager, they are dictating to you how many 

people can work. How much do you think your food would cost and how long do you think that 

restaurant would be in business? Your cup of coffee will be expensive if employees dictate how 

many employees will work per shift. It is not personal folks – it is business. 

This summer a handful of members of the Get Alarmed Citizens Political Action Committee 

petitioned voters to place a Charter Amendment that would guarantee their union jobs in the City, 

and not allow the City Manager or Council to layoff or make any more cuts, even though City 

Council and the City Manager have agreed to immediately rehire the six police officers and six 

firefighters and reopen Fire Station #2 if Issue 9 is passed. However, they don’t know if Issue 9 

will pass. The Political Action Committee said they had trust issues with city leadership. If they 

have a trust issue, that is a problem because those are the same firefighters that endorsed the 

current City Mayor and him for City Council. He knows now he will not get their endorsement in 

the next election, but that is the price he will pay to stick up for the taxpayers. Fire equipment is 

owned by the taxpayers of Xenia, and the employees just use it. 

The Get Alarmed PAC knows if their Charter Amendment 10 passes and Issue 9 fails, the City 

will be bankrupt by 2013. My question is – do they care? When they knock on your door to ask 

you to vote for Issue 10 ask them what they will do when the City goes bankrupt. He has no idea, 

because they have no funding proposal for Issue 10. Issue 11 is Council’s proposal to consider 

part-time volunteer/auxiliary firefighters/EMS and law enforcement officers. Don’t get me 

wrong - I am not bashing the unions or firefighters. In the 1990’s, he worked as a United States 

postal worker, was in the union, and was a union steward. Just as the Postal Service is looking at 

ways to eliminate waste and keep postage low, your City Council is working hard at being your 

watch dog. 

I urge all citizens to register to vote and consider voting “yes” on Issue 9, which will greatly 

improve citizens’ safety by restoring the laid off employees. Vote “yes” on Issue 9 and “yes” on 

Issue 11.”


Councilman Miller said it is an honor, a privilege, a right, and a responsibility to register to vote. 

When he was in high school he was often told if you don’t vote, you really can’t complain. Our 

former Mayor, Phyllis Pennewitt, has been going through some tough times dealing with her 

personal health issues and other family issues. He asked everyone to keep Mrs. Pennewitt in 

their prayers. She recently lost a daughter-in-law to cancer and it is a very tough time for her and 

her family. Smokin’ Aces, a local business, changed their window logos and they had to remove 

their banner because it tore. The business is in the process of getting a new sign and it is still 

open. He likes to see everyone support a new local business. Their cheeseburgers are fantastic 

and their pulled pork sandwiches are wonderful! On September 19 th two miracles happened. 

His mother was born in the early 1920’s, and she turned 88 years old on September 19 th . Former 

City Councilman Dennis Propes’ youngest daughter, Izzy, was also born on that day. Tomorrow 

is his son Daniel’s 13 th birthday, so he will now be a teenager … beware! Daniel is a wonderful 

golfer and soccer player, a good basketball player, and the best Daniel he knows. He will discuss 

the tax levy next month. 

President Felton said all she has heard about lately is what everybody earns. 

She wondered if anyone knew what Council makes. Councilman Caupp noted City Council 

members make $3,797. Councilman Louderback said that is $1.50 an hour. President Felton 

noted she and the Mayor make an additional $500 a year. Council used to make $150 a year. 

Council members were criticized because folks said the City pays for their life insurance, but that 

is not true – she pays for her own life insurance. She used to get the City’s medical insurance, 

but she had to pay almost $5,000 a year for coverage, but she now receives Medicare. No one on 

Council makes money on the City. The City might pay for a Council meal once in a while if 

they have a work session from 5 to 7 p.m. It seems to her that everybody is so mean spirited. 

You can’t have a political discussion and have an opinion if it disagrees with the other person 

because they get mad instead of listening to other people’s opinion. Everyone needs to get the 

facts and make a decision but do so in a civilized, professional manner. It is important for the 

City to do the things it is doing. She loves the City of Xenia … if she didn’t, she would leave. 

Our firefighters and police officers do a super job, but we can’t do anymore than what we are 

doing, although she wished they could. 

ADJOURNMENT: Motion by Councilman Miller, seconded by Councilman Smith, to adjourn 

the Regular Session at 8:41 p.m. No discussion followed. The Roll on this was the following: 








October 14, 2010 


6:30 p.m. 

The Xenia City Council met in a Special Session on October 14, 2010, at 6:30 p.m. in the First 

Floor Conference Room, City Hall, with the following members present: Jeanne Mills, Dale 



Motion by Vice President Mills, seconded by Mayor Bayless, to go into an Executive Session to 

discuss Personnel Matters – Health Insurance Benefits. No discussion followed. The Roll on 





with the same members present to discuss Personnel Matters – Health Insurance Benefits. 


7:00 p.m. 



Mills, Dale Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and Patricia L. 

Felton. 


INVOCATION: John Longland, Xenia Christian Prayer Place, gave the invocation after which 

all joined in the Pledge of Allegiance. 

Motion by Councilman Miller, seconded by Councilman Louderback, to excuse Councilman 

Caupp from the meeting, because he is on a family vacation. No discussion followed. The Roll 





Smith, to approve the September 23, 2010, Special Session minutes as written. No discussion 





Motion by Vice President Mills, seconded by Councilman Smith, to approve the September 23, 


following: 



President Felton invited Bob King and Mr. Percival to come to the podium. Mr. Percival said it 

is a happy day for Bob, but a sad day for the rest of them. Mr. King served the community for 

30 years from September 15, 1980, to September 30, 2010. You can talk about people that have 

been part of your community and have been employed with the community, but Mr. King truly 

served the citizens of Xenia for 30 years. He was not just another employee, because anytime 

you needed anything day or night/365 days a year, you could call him and he would make sure 

that whatever needed to be done to serve the citizens of this community got done. Mr. King was 

not just an employee, but for everyone who knows him, also a good friend, and one of the closest 

friends he has in the world. Mr. King will be missed and is greatly loved by everyone in our 

community. They just wanted to say “thank you” for the years of service Mr. King provided to 

this community. He will be missed, God bless you, and have a whole lot of fun. (Applause 

followed.) 

Mr. King thanked Mr. Percival and “Mother Felton.” He really wanted to thank the City of 

Xenia for giving him the opportunity to work for the City for 30 years. People complain, whine, 

and cry, but the City of Xenia is a terrific place to work. He will never say a bad thing about the 

City, even if you have a boss like Ed Quinlan! (Laughter followed.) They’ve all had their ups 

and downs like everyone, but he felt they had more ups than downs. He truly wanted to thank 

the City of Xenia for 30 years and 15 days of a great life. He then presented a plaque for 

Mr. Percival to read that will be displayed at the City’s Public Service Center. 

Mr. Percival read the words on the plaque, which said “In honor of the City of Xenia Public 

Service Department retirees, presented by the Robert King Family, October 14, 2010.” 

Mr. Percival said over the last six months, the City has lost over 150 years of service to this 

community as folks retired … you can’t replace that. He really appreciated the plaque as a way 

to remember everyone. Mr. King then introduced his family members present in the audience. 

President Felton thanked the King family for coming. (A standing ovation followed.) 



Cyndamarie Gunn, 1865 El Camino Drive, Xenia, said she attended last week’s public meeting, 

and she was not happy with some things that were said. She is an angry voter. She attended the 

meeting at Greene Memorial Hospital and was angered by Councilman Louderback’s comments 

and lack of tact and integrity. It is not true that the firemen took a pay raise. It is, however, true 

that they took a pay cut to keep from losing their jobs and having to close a firehouse. When 

Council reneged on the contract, the firemen went to Council and said they wanted their pay 

back because Council did not keep their side of the contract. Councilman Louderback said some 

very offensive comments the other evening and was falsely representing the Council of Xenia. 

You forced your own personal opinion as the opinions of Council, and she found that disturbing 

because no one on Council reprimanded you nor did anyone tell you to speak for yourself. She


felt Councilman Louderback owed the firemen and police officers an apology because they put 

their lives on the line every single day to make this community safe. If she was a fireman or 

police officer and Councilman Louderback called, she would show up, but maybe a little bit late. 

President Felton asked Ms. Gunn to be careful with her personal attacks. Ms. Gunn said if 

Councilman Louderback does not change his ways, he will see a new person sitting on Council 

next election. Xenia citizens care, they love their city, and they will not stand having their police 

and firemen belittled. 

Bob Stallman, Senior Customer Group Manager for DP&L, said he was at the meeting to make a 

few comments about the new Community Ambassador Program that they have initiated with 

several government agencies. Utilizing the University of Dayton last year, they initiated an e- 

mail survey with many of our local governments asking them various questions regarding 

utilizing people at DP&L, the services they provide, and how DP&L can be more involved in the 

communities they serve. They also did an internal survey with DP&L employees, asking them 

how they would like to be more involved in the communities they serve. As a result, they started 

the Community Ambassador Program. A DP&L employee will be a little more involved with 

attending Council meetings and other activities within the community to be a resource to Council 

and City Staff if they are not sure about the various services and who to contact at DP&L. He 

then introduced Eric Holtvogt, the new Community Ambassador from DP&L for the Xenia area. 

Mr. Holtvogt said he has worked for DP&L for five years. He and his wife have been Xenia 

citizens for four years and recently had a new baby. He graduated from Wright State University 

and he looks forward to interacting with Council on behalf of DP&L. He will be available for 

questions after the meeting. President Felton noted the City of Xenia used to have a contact at 

DP&L. 

Charles Vandine, 1648 West Second Street, asked where the money came from to pay for all the 

signs Council has been putting up. Mr. Lewis said “Audience Comments” is not a question and 

answer session. Speakers can make statements, but if he has questions someone will get back to 

him with answers. Mr. Vandine noted a few weeks ago, President Felton said Council eats at the 

City Building, and he wondered if the City paid for those meals. President Felton said that 

sometimes happens. Mr. Vandine asked why the City pays for Council’s meals. President 

Felton said because she asks the City to do that. Mr. Vandine asked how much it costs for the 

Council to have life insurance with the City. President Felton said the City pays nothing; she 

pays almost $100 a year for her own life insurance. By City Charter, the City cannot pay for 

Council’s life insurance. Mr. Vandine stated at the last Council meeting, President Felton said 

the City paid for it. President Felton said she did not say that. Mr. Vandine said President Felton 

did say that. President Felton said she would check the minutes, but she pays for her own life 

insurance. 

Ralph Doster, 1636 West Second Street, said a few months ago he noticed that the American flag 

in front of City Hall was torn, and he called the City about it. Saturday night he noticed the light 

on the flag pole was out. He asked who was responsible for taking care of that. President Felton 

asked Mr. Percival to see that the light is fixed. Mr. Percival agreed to do that. Mr. Doster said 

he is a veteran and he has been raising cane with more than just this City about these things, such 

as the VFW. He gave the VFW a light so they could illuminate their flag. President Felton 

thanked Mr. Doster for telling them about the problems.


Maurice Watkins said he is the Outreach Coordinator at Wilberforce University for the Disaster 

Management and Recovery Program. He announced that one of the Xenia Township firefighters 

will be on campus to discuss fire safety at an open house on November 9 th . He believes it is best 

for people to be more aware about the risks that occur from fires. The mission of the Disaster 

Management and Recovery Program is not only to improve technologies and methodologies 

behind disaster management and recovery, but also to help educate the community and spread 

what they have learned. 

Michael D. Engle, 2327 Monterey Drive, Xenia, said he is wearing two hats this evening. He is 

the leader of the Citizens for Xenia PAC encouraging citizens to vote for Issue 9 on 

November 2 nd . As many people are aware, we have a serious financial crisis in front of us that 

will be in front of us for the foreseeable future. Issue 9, a .5% increase in income tax, is the only 

viable mechanism we have at this time to maintain what we have and to provide for near and 

mid-term crucial services that we need, and that were unfortunately cut due to the failure of the 

May levy. If Issue 9 passes, the City will rehire the laid off public safety personnel, reopen Fire 

Station #2, and provide desperately needed resources for street reconstruction and major 

infrastructure rehabilitation. As most people are aware, the city streets are in poor condition and 

some are in very poor condition. Those streets are your first line of defense for all critical 

services the city provides to citizens (water lines, sewer lines, and electricity, which run under 

the street). As we’ve seen in many cities, as those services are degraded and damaged, problems 

and significant failures result in public safety services. As the leader of the Citizens for Xenia 

PAC, he encouraged citizens to vote for Issue 9. 

Mr. Engle said he was also a former member of City Council from 2006 to 2007, and joins with 

all current and past members of Council in encouraging citizens to vote no on Issue 10. Former 

Mayor John Saraga recently wrote an editorial that appeared in the Xenia Daily Gazette that 

contained a great deal of accurate information that is important for citizen’s consideration. As a 

Council member, he adamantly supported and continued to support our safety services, which 

are exceptional and they have been awarded exceptional status by outside bodies. However, he 

cannot support Issue 10 because it is an unfunded mandate that directs Council to do something 

with no money attached to it. An example of an unfunded federal mandate is “No Child Left 

Behind” which brought a tremendous financial burden to our state funded school systems, and 

did not necessarily bring about the desired results. He strongly encouraged citizens to vote 

“Yes” on Issue 9 and “No” on Issue 10, which will provide the city the best options to manage 

financially in the future. 


Traffic Commission: Councilman Smith said the October XTC meeting was cancelled 

due to lack of agenda items. The next meeting will be on Monday, November 1 st at 7 p.m. 

Greene County Regional Planning Commission: President Felton noted since 

Councilman Caupp is absent, he will be asked to present his report at the next Council meeting. 

Board of Zoning Appeals: Mayor Bayless said the September BZA meeting was 

cancelled due to lack of agenda items.


ITEMS FROM CITY COUNCIL AND MAYOR: Vice President Mills read the following 

statement: 

“I have many concerns today, not only with the infrastructure of our city and our safety forces, but also 

about our community … the community I live in. Respect comes in many forms, and I feel we have lost 

respect in many ways here in Xenia during this election. It saddens me to see that a difference of opinion 

can bring out the worst in people. This is the time we need to pull together as a community, show respect 

for each other, have integrity, and be willing to accept a difference of opinion. That doesn't mean we have 

to agree with that opinion; it just means we choose to do the right thing, and show respect. I was taught 

to treat others as I would want to be treated, and if I have offended anyone, I apologize now. Each 

council member, all 7 of us, have different opinions. Each opinion is our own, and these are MY opinions 

on Issues 9, 10, and 11. 

I believe Issue 9 is critical for our city. Xenia has exceptionally trained police officers and fire 

fighters/paramedics, but I feel that we need more. Our men and women are tired, overworked and cannot 

complete what they are trained to do, with the number of personnel we have today. Our streets are in 

disrepair. Not only are they rough to drive on and ugly to look at, but they are not protecting the 

infrastructure underneath them. The various pipes and wiring under our streets are being eroded every 

time it rains. When the streets are crumbled, the rain runs through them, instead of off of them. This 

alone can cause many problems. California's tragedy of the neighborhood fire was due to a faulty, 

damaged pipe. I do not want to see anything like that happen here. Issue 9 is not a property tax. It is an 

income tax. Anyone who is on Social Security, disability, unemployment, or receiving a pension is not 

affected. It is people like me, and others who work, who will be taking care of the needs of this 

community. When Issue 9 passes, the city management will bring back 6 police officers, 6 firefighters/ 

paramedics, and will reopen Fire Station 2 on West Second Street. 

I do not support Issue 10, and these are MY reasons. Issue 10 is making changes to Xenia's city charter 

which is comparable to the U.S. Constitution. This possible Charter change should be thoroughly 

researched by the voters and not taken lightly. Issue 10 mandates the number of police officers and 

firefighters to work in the city without a funding source. Issue 9 will never be able to permanently fund 

Issue 10. Issue 9 is an income tax that changes, as often as the economy of our community changes. An 

example is the unexpected closing of GM and DHL. We cannot see into the future to know what the 

earned income will be. As I said before, I believe we need more safety personnel, but not at the cost of 

the unknown. If Issue 10 passes without Issue 9, the city will be bankrupt in 2013. 

I also do not support Issue 11, and these are MY reasons. I have concerns, if Issue 11 passes, with 

increased response times to emergency calls, the cost of training new people, and retaining volunteers for 

service. I was a volunteer firefighter/EMT for German Township in Clark County. I do believe in 

volunteering, and I still volunteer my time in my community, and encourage others to do so. Response 

times to emergencies are increased because volunteers are not at the fire station, but need to respond from 

their homes. The training and personal equipment of a new firefighter/paramedic is costly at an average 

of $4,000 per person. This does not address the ability to recruit and retain the volunteer. The city needs 

to consider the volunteers’ full-time jobs, family obligations and various other reasons that make the 

individual unable to respond. 

I appreciate the hard work of every employee in our city, both union and non-union. I also appreciate our 

citizens who support our city and hold council members accountable for their decisions. Working 

together and sharing respect for others will benefit Xenia! To the citizens, I am doing my best to make 

decisions for our community, with knowledge and insight, to research all materials, and only then share 

my thoughts and vote. Thank you.”





Introduction of an Ordinance to adopt the City of Xenia All Natural Hazards 

Mitigation Plan. Mr. Percival noted on October 22, 2009, City Council authorized a contract 

with URS Corporation to assist City Staff in updating the All Natural Hazards Mitigation Plan to 

meet the funding eligibility requirements of FEMA. Without such a plan in place accepted by 

FEMA, the City is not eligible to receive hazard mitigation funding from FEMA for things such 

as tornadoes, blizzards, windstorms, etc. The City of Xenia is unique in that after the 2000 

tornado, it chose to develop its own plan for properties within its corporate boundaries; such a 

plan is typically developed and administered by Greene County. 

Mr. Percival respectfully requested that Council introduce an Ordinance to formally adopt the 

FEMA Approved All Natural Hazards Mitigation Plan for the City of Xenia. There will be 

second reading of the Ordinance at the next Council meeting, which will allow additional review 

time. 

Because the City of Xenia has its own Plan, if a claim is filed, President Felton asked if the 

money would come directly to the City and not go through Greene County. Mr. Percival said the 

City has to work through the County EMA because that is the way FEMA is set up, but the City 

would get their money directly; it does not go through Greene County. 

Vice President Mills introduced an ORDINANCE ADOPTING THE CITY OF XENIA ALL 

NATURAL HAZARDS MITIGATION PLAN, and it was read for the first time. 

Vice President Mills said she read the Plan and was quite impressed with the information and 

possibilities. Mr. Percival said the original Plan developed after the 2000 tornado allowed the 

City to get federal funding for safe rooms and other projects. 

President Felton thanked City Engineer Chris Berger for working on the Plan. Mr. Percival 

agreed Mr. Berger worked extremely hard on updating the Plan. He noted former Community 

Development Director Joy (Wright) Warner and former City Planner Nimfa Simpson developed 

the original plan after the 2000 tornado, which took hours and hours to get it right because 

FEMA looked at it with a fine toothed comb before it was approved. 

Award of bid for downtown alley and two parking lots as part of the FY 2009 

CDBG program and the FY 2009 Comprehensive Downtown Revitalization Program – 

Tier Two grant program. Mr. Percival said the FY 2009 CDBG Formula Allocation awarded 

by the State of Ohio in 2009 involves the renovation of the two municipal parking lots and 

repaving of the alley. The Community Development Director worked with the engineers on the 

renovation of the two parking lots that are in really bad shape. Lot #2 is to the east of the 

residences along the first block of S. King Street behind Eichmann’s and the Gazette Building, 

and parking lot #8 is behind Linda’s Restaurant at 78 E. Main Street. The formula grant funds 

used in the two parking lots were used as a local match to the Downtown Tier Two program.


The estimates were $82,800 and $30,000, but the actual bids were $62,731.81 and $24,854.11, 

respectively, for a total of $87,585.92. 

Mr. Percival respectfully requested that Council award the bid for the two downtown municipal 

parking lots #2 and #8 and the alley just north of lot #8 running to Whiteman Street to Melvin 

Asphalt Paving Company and authorize him to execute a contract and a purchase order in the 

amount of $87,585.92. He again noted FY 2009 CDBG funds and FY 2009 Comprehensive 

Downtown Revitalization Program – Tier Two funds will be utilized for completion of this 

project – No General Funds will be used. 

Motion by Councilman Louderback, seconded by Councilman Miller, to award the bid for the 

two downtown municipal parking lots #2 and #8 and the alley just north of lot #8 running to 

Whiteman Street to Melvin Asphalt Paving Company and authorize the City Manager to execute 

a contract and a purchase order in the amount of $87,585.92. Discussion followed. 

Mayor Bayless asked if the work would be completed this year. Mr. Percival said the work will 

be completed prior to December 31, 2010. 

President Felton asked when the blacktop plants close. Mr. Percival the plants usually close 

around December 1 st . President Felton clarified the work would have to be done by then. 

Mr. Percival said the blacktopping will be done by then, and removal and replacement of curbing 

and installation of new parking bumper blocks can be done in December. Usually blacktop 

companies close around the first week of December, depending on the weather. If the weather is 

really nice, they will keep them open a little longer, but if the weather turns very cold, they will 

shut them down sooner. 


Ayes: Mills, Louderback, Miller, Smith, Bayless and Felton 


Items for the City Manager: Mr. Percival wished a cute little redhead, Jillian Miller, a 

“Happy Birthday” today. He thanked everyone for their thoughts and prayers for his nephew. 

His nephew is still in a coma, but is making progress. He wanted everyone to know how much 

his family appreciates all the thoughts and prayers. 





Page 15 – Southeastern Equipment Company – service manual vehicle #1226 at $433.58. 

President Felton asked why a service manual did not come with the truck when it was purchased. 

Mr. Percival said since the vehicle was purchased from Southeastern Equipment Company, he 

assumed it was for a backhoe or something like that. He will check and get back with President 

Felton.







Contract for Services from Public Defender’s Office. Mr. Lewis said the Greene 

County Public Defender Arthur L. Sidell III proposed a contract between the City of Xenia and 

the Greene County Public Defender’s Office. The proposed contract amount for 2011 is 

$19,500, which is the same as 2009 and 2010. The Greene County Public Defender’s caseload 

has increased substantially with the economic downturn. The number of retained attorneys has 

shrunk considerably, but the number of clients the Public Defender represents has doubled in the 

last year. The Greene County Public Defender Commission operates the Public Defender’s 

Office under authority of the Ohio Revised Code. The primary purpose, consistent with law, is 

to provide legal counsel to indigent persons charged within the Xenia Municipal Court 

jurisdiction. The amount paid by the City of Xenia is a portion of the budget, which is shared by 

other political subdivisions in Greene County. The Public Defender’s Office continues to be of 

great assistance to the Police Division and the Xenia Municipal Court. They have an excellent 

working relationship with the Public Defender’s Office. 

Mr. Lewis respectfully requested that Council authorize the City Manager to execute a Contract 

with the Greene County Public Defender Commission for Calendar Year 2011 in the amount of 

$19,500. 

Motion by Councilman Louderback, seconded by Vice President Mills, to authorize the City 

Manager to execute a Contract with the Greene County Public Defender Commission for 

Calendar Year 2011 in the amount of $19,500. No discussion followed. The Roll on this was 


Ayes: Mills, Louderback, Miller, Smith, and Felton 

Abstain: Bayless 


Mayor Bayless said she abstained because she is a Board member of the Greene County Public 

Defender Commission. 





strongly encouraged citizens to vote for Issue 9 and Issue 11 and to vote against Issue 10. As 

Vice President Mills said earlier, if Issue 9 fails and Issue 10 passes, the City will be bankrupt by 

2013.


Vice President Mills invited everyone to come out on Sunday, October 17 th at 2 p.m. for the 

Victory Walk at the Vera Schneider Outpatient Building at Greene Memorial Hospital. The 

Victory Walk is dedicated to raising awareness about cancer one step at a time. Raffle tickets are 

still available and there will be great activities. Hopefully, they will have wonderful weather for 

this very worthwhile event. 

Councilwoman Mills noted local independent businesses have information about the 3/50 project 

to save our local economy. 

3 – Think about which three independently owned businesses you’d miss if they were 

gone. Your contribution is what keeps those businesses around. 

50 – If half the employed U.S. population spent $50 each month in independently owned 

businesses, their purchases would generate more than $42.6 billion in revenue. 

68 – For every $100 spent at independently owned businesses, $68 returns to the local 

economy through taxes, payroll, and other expenditures. This is a great way to help 

our local businesses. She suggested people pick up a 3/50 flyer from a local 

business. 

Councilwoman Mills said in honor of National Domestic Violence Awareness Month, one Xenia 

business, Blue Jacket Books, will donate 20% of all sales on Friday, October 15th and Saturday, 

October 16th to the Family Violence Prevention Center (FVPC) of Greene County to support 

shelter services and violence prevention programming. The business is also collecting donations 

of new and nearly new children’s books to be given to children affected by family violence. 

Please come out and show your support. 

Mayor Bayless welcomed TJAR Innovations, a new business located at the Industrial Park. 

Several Council members attended their open house, and the business is doing quite well. She 

encouraged everyone to visit the HOPE (Helping Others Prepare for Employment) Café located 

at 1855 Lower Bellbrook Road behind the Community Action Partnership office, which is now 

open for lunch. She attended their open house/ribbon cutting on October 1 st and the food is 

absolutely delicious because she sampled everything! The Community Action Partnership 

Director, Gale Hutchinson, does an excellent job, rolls up her sleeves, and gets involved just like 

every worker there does. This evening she attended the Xenia Area Chamber of Commerce 

Business After Hours event at the Apple Country Farm Market on U.S. Route 42 South. It is an 

interesting place to visit, and she encouraged everyone to go out there. Before tonight’s meeting, 

she drank some of the delicious apple cider she purchased there. Central State and Wilberforce 

Universities always partner with the City of Xenia, and she is always delighted when she is 

included in their ceremonies. She was the Grand Marshall at Central State University’s 

Homecoming Parade this past weekend, which is her alma mater. She presented 20 

Beautification Awards this month to Xenia residents and two businesses, and it was such a treat 

to meet the people and to share in their excitement and appreciation about receiving an award. 

Councilwoman Mills noted anyone can nominate someone for a BRACA Beautification Award, 

and she encouraged them to do so. 

Councilman Smith said he and other Council members, as well as the City Manager, were able to 

attend the Open House for TJAR Innovations. He welcomed the new business to Xenia and 

wished them the best of luck. Although the Buccaneer’s lost the football game, it was nice to see 

so many come back to town for Xenia High School’s Homecoming game. Last week he


attended the open forum at Greene Memorial Hospital for the “Xenia Are You Listening” 

campaign. A few voters were there, and he appreciated people taking the time to invest in the 

community for that event. He had the pleasure of walking the last few weekends with Mayor 

Bayless and Vice President Mills for the campaign. He enjoyed meeting people and discussing 

the issues. Everyone is concerned about our community, our citizens, and the direction that 

Xenia is going. It is sad that it is a divided community, but hopefully everything will work out 

and we can move forward. They were able to visit a lady whose home is being built by Habitat 

for Humanity. The lady was really proud to show them the home, and he welcomed her to the 

Xenia community. On the spur of the moment, he was asked to be a guest judge for the 

photography contest at the Spring Valley Potato Festival, which was a lot of fun. About a week 

ago, there was a brush fire in his neighborhood on N. Highlander Drive. He wanted to thank the 

emergency service personnel who took care of the fire and to let them know they are always 

appreciated. He thanked everyone in the audience for taking time out of their schedules to attend 

tonight’s Council meeting and for expressing their opinions. He has not yet visited Xenia China 

Inn, but he understands the lines are quite long. It is wonderful to have Xenia China Inn back in 

Xenia and he wished them the best of luck. 

Councilman Miller said the City of Xenia has a history of getting knocked down by heavy winds, 

tornados, and hurricane force winds that cause severe interruptions to the services in the City of 

Xenia. It does not matter how many times the City of Xenia or you have been knocked down; 

but, it does matter how many times you get back up. Thankfully, he has been in a position to see 

the City of Xenia get up every single time. We have one of the best communities in the world 

for recovering from disasters or recovering from an incident that causes turmoil within. We will 

be able to do that again based on our past history. Even though we have some division right 

now, we are fighting and at odds, but once the election is over on Tuesday, it is over, and it will 

just be another Wednesday. He knows the City of Xenia will get back up because it has done 

that in the past. We always end up working together, but he has no problem starting from the 

ground up. He thinks passing the tax levy is the most important thing he has done since he has 

been on Council, which is critical to the needs of the City of Xenia. This will affect more than 

just the City of Xenia. It will affect everyone around us, how businesses come into the City, our 

school system … everything … if this issue does not pass. There are plusses and minuses, but it 

will no longer be status quo. If Issue 9 passes, there will be pluses; if it does not pass, we will 

have minuses. We cannot go on living the way we have if Issue 9 does not pass. Please keep 

that in mind and know that your vote counts. The last time someone was elected, 45 votes made 

the difference. Your vote does count, so vote your conscience and understand and educate 

yourself on the issues. If you do, we will be just fine. There is a home on N. West Street that he 

would like to nominate for a Beautification Award, and he will get the address to Councilwoman 

Mills. 

Councilman Miller said economic times are really hard. He sees gasoline prices go up and 

down. It costs him $50 for 15 gallons of gas to fill up his family van to haul around his five 

children. He heard on the news that if he filled up his tank with soda or water at $1.59 a bottle, it 

would cost him $129 for gas. If you were to fill up your tank with the ink from your HP printer 

cartridge, it would cost $5,000. When you think about the economy, you have to think about 

what you are purchasing, and everything is relative. There are some things we can do without, 

and other things we can’t do without. He wished his daughter Jillian a “Happy 10 th Birthday.” 

She’s the best! He hopes she enjoys her birthday party with cotton candy, horses, and popcorn.


President Felton said this has been a hard time for everyone – the firemen, the policemen, and 

Council. They keep taking all the flack because of wrong information that is out there. They 

don’t know how to correct that except to invite citizens to call them. She appreciated the man 

who called her tonight who had questions about the levy. She will take the time to talk with any 

of the citizens. She cannot walk around neighborhoods like other members of Council, but she is 

on the phone a lot. She does her homework. She knows how hard our firemen are working and 

how many calls they receive. She also knows that even with 23 positions cut, they can only 

reduce the General Fund by a little over 8%, which is not a lot of money. They need Issue 9 to 

pass in order to bring back all 12 Public Safety positions and to reopen Fire Station #2. She 

misses Fire Station #2 which is by her house, and she misses talking to the firemen who were 

assigned there. 

President Felton noted Issue 10 is a Charter Change. She hates Charter changes, and everyone 

knows she worked against the last one. The Charter change has some fallacies that need to 

corrected before putting it back on the ballot. There is no money to support Issue 10. Even if 

Issue 9 passes, the City will not have the money [long term] to pay for the public safety manning 

levels required by Issue 10 that would be set by Charter regardless of the financial position of 

the City. She was not saying she would not like to have additional public safety personnel; she is 

just saying there is no money to pay the bills. She is asking citizens to vote yes on Issue 9, and 

no on Issue 10. As she told the firemen, win/lose/draw, she will be at Fire Station #1 the day 

after the election to have lunch with them since she was invited. She has a good time with the 

firemen, and they like to give her a hard time, but they are good cooks. It has been an interesting 

evening, and she thanked everyone who came to the meeting. As Councilman Miller said, we 

will get through this, we will heal, and we will work for what is best for the City. 



following: 








October 28, 2010 


7:00 p.m. 

The Xenia City Council met in a Regular Session on October 28, 2010, at 7:00 p.m., in the City 




INVOCATION: Sebert Guckian, The Open Door Community Christian Prayer Place, gave the 


Motion by Vice President Mills, seconded by Councilman Caupp, to excuse Councilman Miller 

from the meeting due to family illnesses. No discussion followed. The Roll on this was the 

following: 




Smith, to approve the October 14, 2010, Executive/Regular Session minutes as written. No 


Ayes: Mills, Louderback, Smith, Bayless, and Felton 



PROCLAMATION: Domestic Violence Awareness. Mayor Bayless said it was a pleasure to 

present a proclamation tonight to Donna Sizemore of the Family Violence Prevention Center 

during Domestic Violence Awareness Month. Violence in the home happens every day and it 

happens to people in all walks of life. One-third of all families have experienced some type of 

domestic violence in their home. In the United States, a woman is battered every 15 seconds. 

One in five female high school students report being physically or sexually abused by a dating 

partner. Each and every day the Family Violence Prevention Center works to create violence 

free futures for our friends and neighbors here in Greene County. They help adults and children 

alike recover from the effects of domestic violence for over 30 years. Each year they serve more 

than 8,000 persons, including victims, survivors, community members, and students. The 

Family Violence Prevention Center of Greene County has 18 full-time and part-time staff and 

over 150 yearly volunteers. The Center served more than 8,000 persons in 2009 and provided a 

Safe House that is available 24-hours a day/365 days a year. 

Mayor Bayless proclaimed October 2010 as “Domestic Violence Awareness Month” in 

appreciation of the worthwhile services provided by the Family Violence Prevention Center of 

Greene County and asked that the citizens of Xenia, Ohio, assist in working toward the 

elimination of domestic violence.


Donna Sizemore, Executive Director of the Greene County Family Violence Prevention Center, 

thanked Mayor Bayless and Council for the proclamation. Thus far in 2010, the Center has 

provided over 1,900 nights of shelter to residents of the City of Xenia (adults and children). The 

need for their services has continued to increase in 2009 and 2010. They have stayed at capacity 

or mostly over capacity at the shelter and have had a waiting list since March 2009 to date. They 

have 22 beds and currently have 27 individuals at the Center. They really appreciate Council 

and the Mayor making the public aware of domestic violence in our community. Hopefully, 

those watching will become aware of the problem, and every time they see a purple ribbon, they 

will be reminded and share with others what it means. 

President Felton asked if the shelter had any special needs for the holidays. Ms. Sizemore said 

because the Center is at or over capacity, they are totally out of hair brushes, Q-tips, cotton balls, 

baby wipes, baby lotion, and diapers. She noted right now they have six babies in the shelter. 

President Felton asked if money would be acceptable. Ms. Sizemore said money or Walmart gift 

cards are always appreciated. People can also call them to set up a special fund drive which 

several companies have done. 


Joint Economic Development District (JEDD) between the City of Xenia and Xenia 

Township. President Felton opened the public hearing and asked for the staff report. 

Mr. Percival noted on September 23, 2010, City Council held a work session to discuss the 

possibility of entering into a Joint Economic Development District (JEDD) with Xenia Township 

in the Tecumseh School area of the Township. Following the public hearing, Mr. Percival 

respectfully requested that Council introduce an Ordinance creating the Joint Economic 

Development District. In the initial year of the JEDD, the City should see approximately 

$27,931 in additional income generated through the JEDD that will come to the City. Once the 

construction is completed at the school site, the City should see approximately $9,031 per year in 

additional income. The City does not have to provide any additional services to the area. The 

City already provides water and wastewater services to that area of the Township. The 

Township already provides fire services and the police services are provided through the Greene 

County Sheriff’s Office. 

Mr. Percival explained that a JEDD is an agreement between Xenia Township and the City of 

Xenia to work together to provide services to an area. In exchange for those collaborative 

services, the City is allowed to charge an income tax on businesses within that area, and then 

those dollars are divided between the City and the Township. There is also an economic 

development component. In this case, the economic development component will be small, but 

there will be some dollars that go back to the school system for computers and other things. 

Mr. Percival said tonight’s public hearing will allow the public to make comments regarding the 

proposed JEDD agreement. 

President Felton invited those in favor of the JEDD to step forward to speak. No one came 

forward to speak. President Felton invited those opposed to the JEDD to come forward to speak. 

No one came forward to speak. President Felton invited those neither for nor against the JEDD 

to come forward to speak. No one came forward to speak.



from Council. President Felton noted Council has worked on the JEDD quite a bit. They are 

trying to work more with the Township, and she thought the JEDD was a good step in the right 

direction. She thanked all those involved for their hard work. Mr. Percival thanked the Finance 

and Law Departments, and particularly Management Analyst Sandy Fackler in the Law 

Department. He also thanked Tom Miller from the Prosecutor’s Office who worked with the 

City and Township to put the JEDD together. The only thing different from the public hearing 

notice is that one small parcel was added. Therefore, there will be three parcels in the JEDD 

rather than two parcels. 

Councilman Louderback introduced an ORDINANCE APPROVING THE CONTRACT WITH 

XENIA TOWNSHIP FOR THE CREATION OF A JOINT ECONOMIC DEVELOPMENT 

DISTRICT (JEDD), and it was read for the first time. 

Five-Year Capital Improvement Program. President Felton opened the public hearing 

and asked for the staff report. Mr. Percival said in compliance with the Xenia City Charter 

§9.12, a Public Hearing must be held regarding the City of Xenia’s 5-Year Capital Improvement 

Program prior to the end of October every year. The 5-Year Capital Improvement Program is 

only a plan. Passage of the 5-Year CIP does not allocate any funding, approve any specific 

project, or obligate Council to implement any portion of the plan, but it is a plan for them to 

follow. 

Mr. Percival said because of the current economic situation the City is facing, the 5-Year CIP 

presented tonight is very austere. It is difficult to make any firm recommendations for funding 

for out years because they do not know what the City’s revenue and expenditure situation will 

be. They know they have the Tier Two Grant Funds that will be dedicated to the downtown. No 

new police vehicles were purchased this year, but they will have to purchase some new police 

vehicles eventually. Those purchases in the out years will be based on the amount of revenue 

they have. Currently, there are very specific needs in the IT Department, but they have only 

budgeted for maintenance at this point because they do not have the ability to make any of those 

major improvements that need to be made, such as connectivity with other City facilities using 

fiber optics. Although that expenditure is in the 5-Year CIP, it is pushed out because they do not 

have the dollars to make those purchases. The Ford Road Trunk Sewer has been a major 

problem for the City for many years, so the engineering was included for 2011, but construction 

of the relief sewer was not included until 2012. 

Mr. Percival noted Mr. Merriman worked very hard with the Finance Department to develop the 

5-Year CIP in order to be in compliance with the Xenia City Charter. Within a few days he 

hopes they will be able to come forward with a plan that addresses some of the things, such as 

the retaining wall at Shawnee Park. That is a critical need for the community, but they must 

come up with funding. 

President Felton invited those in favor of the Five-Year Capital Improvement Program to step 

forward to speak. No one came forward to speak. President Felton invited those opposed to the 

Five-Year CIP to come forward to speak. No one came forward to speak. President Felton 

invited those neither for nor against the Five-Year CIP to come forward to speak. No one came 

forward to speak.



from Council. Councilman Smith noted copies of the 5-Year CIP were available for the 

audience. 

President Felton said the 5-Year CIP is required by law. Anything that appears in the plan is 

presented to Council later for approval. Staff has done a good job of cutting money back where 

they can. She did not know what they can do without any money. 

Vice President Mills presented a RESOLUTION ADOPTING A 2011-2015 FIVE-YEAR 

CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF XENIA, OHIO, PURSUANT 

TO SECTION 9.12 OF THE XENIA CITY CHARTER, AND DECLARING AN 

EMERGENCY. 

Motion by Vice President Mills, seconded by Councilman Caupp, that the rules requiring the 





Motion by Vice President Mills, seconded by Councilman Caupp, that Resolution Number 

10-BB be now passed. No discussion followed. The Roll on this was the following: 



Video: Mr. Percival said there have been a lot of questions about the City’s needs. He 

felt everyone clearly understands the necessity for safety services to bring back the six 

firefighters and six police officers and to reopen Fire Station #2. However, there have been 

questions about the needs for improving the streets and other areas, and the video will show 

those needs. The video has been airing on the Government Access Channel 5 and will continue 

to be aired. Information Technology Manager Edgar Cardenas then showed the video. 

Highlights include the following: 

Xenia is a full service City that enhances the quality of life for residents: 

Development and maintenance activities for streets and transportation systems 

Water, sewer and stormwater utilities 

Public Safety functions such as snow plowing and many other services 

The above are categorized into two areas: 

Rate funded operations (water, sewer, sanitation, and stormwater)—Xenia’s rates are 

among the lowest third in the Miami Valley region 

Tax funded operations (streets, facilities, parks, and numerous other general capital 

needs)—deferred maintenance is putting these items at great risk. 

Streets: 

Major thoroughfares are in good shape due to the City’s application and receipt of 

several grants 

Neighborhood streets are in desperate need of repair


 

 

The need for comprehensive street rehabilitation is expansive and expensive, estimated 

at over $30 million dollars in 2007 

No neighborhood streets will be repaired without additional revenue 

The City also has critical capital improvement needs: 

City Hall needs a new emergency generator 

Building maintenance 

Fleet replacement 

Parks, especially Shawnee Park’s pavilion, retaining wall, and electrical system 

For Xenia to thrive, we need these essential components: 

Good parks 

Good streets 

Good facilities 

The revenue (estimated to be $2.5 million per year) from Issue 9 will be a 50/50 split: 

Half of the revenue (.25% or $1.25 million annually) will be dedicated to public safety for 

the immediate reinstatement of 12 public safety employees and reopen Fire Station 2 

The other half (.25% or $1.25 million annually) will be dedicated for street rehabilitation 

($500,000) and mechanical infrastructure and equipment and park/facility improvements 

($750,000) 

Now is the time to invest in your community: 

Investment in these needs is not discretionary and cannot be delayed any longer. 

Sound infrastructure and the capital needs are just as important as staffing for 

emergency services. 

The condition of our infrastructure has a direct impact on Public Safety and our potential 

for economic development. 

If we fail to fund and address these needs, we will fail to make the investments 

necessary for Xenia’s sustainability and prosperity. 

Passage of Issue 9 will: 

Protect our infrastructure into the future 

Improve our quality of life, safety, and potential for development 



Fred Hall, 582 Kathy’s Way, noted it has been awhile since he has been a member of City 

Council. The video just highlighted the concerns he has and were the comments he planned to 

make. As a city, he has always felt we have provided significant support for our safety services, 

which has been one of the major things on the agenda. Those who have lived here for any period 

of time and needed safety services are well aware that need has been supported even in times 

when they felt it was inappropriate to do so. The effort made earlier this year and at present will 

allow those services to be maintained. There are proposals to make changes to the City Charter, 

and he was not here to down rate Charter changes, but we all have to remember what Charter 

changes mean. They are there, sort of like the situation with approving capital improvements. 

You have to do that – it doesn’t matter if you can or cannot fund them – it is the law. Once 

changes are made to the City Charter, funding must be spent for that item and must be done. 

That means whether or not there is money coming in, those items must be supported and you


cannot make those changes that are necessary. We all talk about not having more things for 

young people to do and where are the new businesses in Xenia. If you don’t have money to 

provide that economic development effort, to improve parks, to improve streets, or for leaf 

pickup this year, what can the City do? Why should the City pick up leaves – should you not do 

that yourself? If changes are made to the City Charter that requires certain things, then other 

things must be put aside. When you do that, you end up bringing decay to the City. 

Mr. Hall said he has lived in Xenia for over 40 years, but often feels he is a lifelong Xenian. 

When he was on City Council, he never lied to anyone about anything, even if what he said was 

not popular. He asked citizens to vote for Issue 9. It will take money out of his pocket, but it 

will bring life to the City to help it exist and grow. He cannot support changes to the City 

Charter because those changes will limit what can be done and how the money can be spent. If 

that is what citizens want, they might as well dissolve City Council because the Charter will 

define how the City is run. Please think long and hard about voting for Issue 9, a .5% income tax 

increase, so we can hopefully begin to grow Xenia to what it can be. We have seen businesses 

come to Xenia that 20 years ago we thought we would never see. All of that is due to increased 

economic development efforts. Many of us thought Progress Drive would never happen, but he 

is so glad it did. Council is responsible to balance all of the needs of the City so we are able to 

continue to grow. Please keep that in mind when you go to the polls and make sure you do all 

you can to assure the growth of Xenia, Ohio. 

Don Pennewitt, 1297 Joyce Drive, said he would read the letter to the Editor he wrote last week. 

There are several critical issues facing the citizens of Xenia in the upcoming November election, 

and none more critical than Issues 3, 9, 10, and 11. To not speak out on these issues would be a 

failure as a concerned citizen, which he is. 

• Issue 3: Education is so important. This is a renewal not a new tax. Vote “Yes” on Issue 3. 

• Issue 9: A true necessity. Vote “Yes.” Remember the City is only asking for what is 

needed to keep Xenia safe. 

• Issue 10: We elect our Council and they appoint personnel who establish manpower needs. 

We do not need another layer of control. Vote “No” on Issue 10. 

• Issue 11. We have volunteers at the present time. Don’t tie our Council’s hands. Vote 

“Yes” on Issue 11. 

• In summary, he approves Issues 3, 9, and 11 and he does not approve Issue 10. 

John Saraga, 279 N. King Street, said this was the first time he has been in the City Building 

since he left [as the former Mayor]. He watched the Council meeting last week when his good 

friend Bobbie King retired. President Felton requested that he come to the meeting and he is in 

agreement with her on this difficult issue. As the former Mayor, he had his opportunity to serve 

the people and has tried hard to stay out of Council’s hair, but this issue is important. He 

thanked the Finance Department for opening the books and sharing the financials with him. The 

City Manager shared several things with him that a normal citizen would probably not be able to 

see. The situation is grim. Since he left City Council, he has not looked at a budget, but he 

compared the budgets from 2005 back to 1999. This is a very critical time for the City, hands 

down. If Issue 10 passes and Issue 9 fails, the City will be bankrupt in two years or less. It is 

really tough because the firefighters and the police officers have served us very well and we want 

them to have top notch pay and to have the best equipment, and we have done that. Right now


they are hurting and there are a lot of difficult challenges. He was glad that Council already 

made the decision to rehire the safety personnel [who were laid off in June] if Issue 9 passes. 

Mr. Saraga said he would like Council to consider relocating Fire Station #2, but he realizes that 

is an expensive decision. He occasionally rode along with police officers and firefighters and 

they were always busy. He always measured the Police Division by how many times people 

could leave their doors unlocked and things in their yards. He feels extremely safe in his 

neighborhood, but when he occasionally needed the safety forces, they were always there in a 

timely and professional manner. It is tough to say “No” and take a position against them because 

he really does not want to do that. However, as Mr. Hall stated, if Issue 10 passes and the 

Charter is changed, there will be no need for Council or [management] staff because all the 

revenue that comes in will have to go toward the payment of those public safety personnel. 

Right now they have to make some difficult decisions. He urged the public to be informed about 

Issues 9, 10, and 11. There are some tough decisions for Council to make regardless of which 

issues pass. Even if there is additional money, some tough things will have to occur within our 

community to get us back into good shape and to get the services back that we have lost. If Issue 

10 passes, Council’s hands and the City Manager’s hands will be tied behind their backs because 

the City Manager has to have the ability to negotiate fairly for all the great employees in the 

City. If all the money goes to the safety forces, then everybody else will be really hurting, and 

the City Manager will be unable to make fair decisions or be able to manage appropriately. With 

a heavy heart, he asked citizens to thank a police officer and firefighter for everything they are 

doing. Let them know you care about them, but make sure you strongly consider voting your 

hearts knowing that our City is in a bad way. He was not sure we can afford the services we 

have, but they certainly cannot afford them without a new revenue source. He asked citizens to 

consider voting “No” on Issue 10. 

Ted Maurer, 608 N. Galloway Street, said he thought about Issue 9 for a long time, and he would 

have to vote “No.” He knows the City needs the money, but according to the charts the City has 

put out, if that $2.5 million comes in, in time those capital investments will dwindle away into 

paying benefits. Regardless of whether the levy passes or fails, if Council does not do something 

to keep the money leveled off, people cannot keep getting raises when we are not bringing in 

income. We are taking away taxpayers’ money, which will lower their standard of living, to give 

it to those employees to raise their standard of living, which he feels is wrong. Come 

Wednesday, regardless of whether the levy passes or fails, he hopes Council does not go on with 

business as usual because he thinks it is wrong. 

President Felton said, at this point, the only employees who have gotten a raise are in the Fire 

Division; the Police Division did not get any money. Non-union personnel and the Appointed 

Officials have not gotten a raise in almost three years. The City has laid off almost 30 

employees, so it is not that they are not trying. 

Mr. Maurer said he knew the City has laid off people. It seems like all this is zeroed around the 

Fire and Police employees. He feels sorry for employees who have gotten laid off and those who 

are not getting pay raises because he does not think they are getting a fair shake either. If they 

raise the ceiling on pay and if revenues do not come back, what are we going to do in five or six 

years? President Felton said they have never said anyone is getting raises. Passage of Issue 9 

will allow the City to rehire the safety personnel who were laid off. Mr. Maurer said the chart


for capital investments shows that if the .5% is approved, that by 2011 the City will have about 

$1.5 million to work with for capital investments and have $500,000 for street improvements. 

The next year it goes lower, and the next year it goes even lower, but then it levels off. 

However, at the same time, they have forecasted increases in income tax revenue for the City. 

President Felton agreed there were some increases shown. Mr. Maurer asked how they would 

know that would happen. President Felton said they do not know that. Mr. Maurer said then 

they should plan for it NOT to happen. President Felton said she understood that, but she did not 

want people to think they were giving everyone raises. Mr. Maurer said he did not think that. 


Planning & Zoning Commission: Councilman Caupp said the October XPZC meeting 

was cancelled due to lack of agenda items. The next meeting is scheduled for November 18 th . 

Mayors & Managers: Mayor Bayless extended her sympathy to the family of Moraine 

Mayor Bob Rosencrans who was tragically killed in an automobile accident. She attended the 

viewing and you could see a lot of love and support for such a great man. She did not know 

Mayor Rosencrans very long, but in the time she did, he was very kind. There was a lot of 

outpouring of love and support for Mayor Rosencrans’ family. 

Mr. Percival said they had a joint meeting with the Miami Valley Military Affairs at Wright- 

Patterson Air Force Base. They had an opportunity to interact with a lot of the Base personnel. 

One Chief lives in The Reserve of Xenia, and he commented on how much he enjoyed living in 

our community and having his children attend Xenia Schools. It was a real benefit to interact 

with some of the WPAFB personnel, which they do not get to do often. It was a nice opportunity 

to meet the new Base Commander and her staff, to interact with staff that lives in Xenia, and to 

learn more about WPAFB. 

Miami Valley Regional Planning Commission: Councilman Louderback said that due 

to a scheduling conflict, he was unable to attend the meeting. 

Board for Recreation, Arts & Cultural Activities: Councilwoman Mills said BRACA met 

on October 12 th and discussed the following items: 

• Downtown Banners: She just ordered 12 new banners and there are seven banner locations left in 

the downtown corridor. She thanked everyone who supported the City and sponsored a banner. 

• Greene County Master Gardeners – “Bloom with Xenia – Adopt-a-Spot.” She thanked 

everyone who took their time and money to plant flowers in support of the City of Xenia. She 

asked adoptees to clean up their flower beds before winter and to decorate their flower pots for 

Christmas. If adoptees are unable to do so, they can contact the Master Gardeners. 

• Downtown “Hometown Christmas” Event: The event will be Saturday, December 11 th , from 

1 to 6 p.m. Through donations, the fun-filled annual event will feature Santa and crafts activities 

for children at the former Oasis Café building. Everyone is invited to attend. 

• Tree Committee: This will possibly be a subcommittee of BRACA involving the Greene County 

Master Gardeners and the Ohio Department of Natural Resources Forestry Division and becoming 

a Tree USA City. 

President Felton reminded everyone that the City eliminated the Parks and Recreation 

Department, so all that work is being done by Vice President Mills and BRACA through 

volunteers and donations.


ITEMS FROM CITY COUNCIL AND MAYOR: Mr. Percival entertained a motion to 

change the following upcoming meeting dates due to City observed holidays: 

• November 11 th meeting to November 9 th due to the Veterans’ Day Holiday 

• November 25 th meeting to November 23 rd due to Thanksgiving Holiday 

• December 23 rd meeting to December 28 th due to Christmas Holiday 

Motion by Vice President Mills, seconded by Councilman Louderback, to change the Xenia City 

Council meeting dates in November and December as noted above. No discussion followed. 






City Manager’s Office: Mr. Percival said this is the first time in 10 years as City 

Manager that he has had no items on the agenda. 

Items for the City Manager: President Felton said she spent considerable time in the 

last week on the phone with Mrs. Baker. She asked Mr. Percival and Mr. Bazelak to call her 

tomorrow to discuss how they can help solve what Mrs. Baker considers excessive water bill 

usage. She noted Mr. Percival has already made one adjustment. They agreed to do so. 


Emergency Resolution certifying assessments to the County Auditor for both unpaid 

utility bills and weed mowing invoices. Mr. Bazelak said throughout the years there have been 

differences of opinion on whether the levying of these assessments requires a resolution each 

year to satisfy State law. The County Auditor has requested a resolution to avoid any questions 

about the legality of the assessment, and the Finance Department has agreed to comply with the 

Auditor’s request. 


Councilman Caupp presented a RESOLUTION PROVIDING FOR ASSESSMENTS TO BE 

LEVIED AND AUTHORIZING THE FINANCE DIRECTOR TO CERTIFY THOSE 

ASSESSMENTS TO THE COUNTY AUDITOR, AND DECLARING IT TO BE AN 

EMERGENCY. 







Motion by Councilman Caupp, seconded by Mayor Bayless, that Resolution Number 10-CC be 













ORDINANCE ADOPTING THE CITY OF XENIA ALL NATURAL HAZARDS 

MITIGATION PLAN, and it was read for a second time. 






READING OF COMMUNICATIONS AND DISCUSSION: Councilman Smith said he had the 

pleasure of walking in several neighborhoods and talking with citizens about Issue 9. He wanted 

everyone to have every possible bit of information to make that decision. From what he understood, 

many citizens are afraid of the City’s financial situation and they don’t want the City to go bankrupt. 

If you have not already voted, when you go to the polls on Tuesday, please make sure you 

understand that Issues 9 and 10 are not a package deal. If citizens have questions, give them a call. 

His cell phone number is posted on the City’s website and citizens are welcome to call. 

Mayor Bayless recognized former Mayor Phyllis Pennewitt in the audience, and it was nice to 

see former Mayor Saraga who had already left the meeting. She then read the following 

statement: 

“This coming Tuesday will be very critical for the City of Xenia as well as our state and country. 

My plea first and foremost is that you exercise your right to vote. We need to be responsible 

citizens, and model and encourage our young people to claim their rights as citizens. 

With that being said, it is of extreme importance that our City be supported by Issue 9 in order to 

continue to survive, grow, thrive, and be an attractive city. We have such a rich history and


infrastructures in place that other cities are replicating. Xenia is a wonderful place for 

businesses and people of all ages, especially for families. 

When I became a member of Council, I had my doubts about how the City was run and its fiscal 

management. The more I study, listen, and work, my misdirected thoughts have changed. I see 

City employees working hard to manage the entire city on just 19% of its total budget with the 

remainder going towards safety services. I see a Council with very differing views, but each 

having the City at heart. No one is perfect, but all are trying. 

I encourage you to support the City with Issue 9. Under all circumstances, I am opposed to Issue 

10 which would take decision making out of the hands of the Elected Officials and may force the 

city into bankruptcy. Let City management run the city, and if unhappy with the results, let the 

electorate decide. Please get out to vote and encourage other citizens. Please support Issue 9 for 

the good of our City and its future.” (Applause followed.) 

Vice President Mills reminded citizens that Trick or Treat is this Saturday night from 6 to 8 p.m., 

so please drive carefully and watch out for the children. She agreed with Mayor Bayless that 

there are many different opinions about Issues 10 and 11, but one thing is certain. She can 

honestly say that AFSCME, City Council, the Fraternal Order of Police, City management, 

IAFF, and the 911 operators all support passage of Issue 9. It is something that is critical for our 

City and she asked voters to join them in that support on November 2 nd . 

Councilman Caupp noted since he did not attend the last Council meeting, he congratulated 

Bobbie King on his 30-year retirement with the City. He knows he will enjoy this retirement and 

can relax for a month before he goes into his busy season in December. He agreed with Mayor 

Bayless; this is a critical election. He encouraged everyone to look at what is happening at the 

federal, state, and local levels. State and federal funds continue to be cut to the City. Everything 

he sees shows that more than likely those funds will be cut again next year. Study the issues, 

study your candidates, and vote for who and what you deem is appropriate at the national and 

state level. He could not agree with Mr. Pennewitt more on the local issues. 

• Issue 3 is for the schools, which are the backbone of our community, and he has always supported 

our schools. We have schools of excellence. We talk about economic development in the 

community. The first thing people look at when coming to a community is our schools, and without a 

strong school system, we will not thrive. He asks everyone to vote for Issue 3. It is no new taxes and 

will continue to supply the funds necessary for our school system. 

• Issue 9 is a tax increase. He felt they have made the case that it is needed. Approximately $750,000 

into the General Fund for many, many needed projects will not go very far. The Shawnee Park 

retaining wall will cost $800,000 to repair. If they do nothing with that wall, eventually that pavilion 

will be condemned and will be unusable. It is a real need. We have 2,000 catch basins and curbs that 

need to be addressed in our City. We have streets that are literally crumbling and falling apart. We 

have cracksealing that has not been done in years. The needs are there and if we don’t make the 

investment in our community, then we will not grow, we will not get the economic development we 

are looking for, we will not see the recreational opportunity we are looking for, and we will not see 

the amenities people want in a community. He encouraged everyone to vote “Yes” on Issue 9. He 

assured Mr. Maurer that if Issue 9 passes, several members of Council have committed that it WILL 

NOT be business as usual. They have contract negotiations next year and it has to start then. 

• Issue 10 is being sold by the Fire Division that it is no more than we want on Issue 9, but that is not 

fact. Firefighters want additional staff hired over and above those firefighters who were laid off in 

the spring. Those are unfunded mandates that will cost the taxpayer’s money that could be fixing the 

Shawnee Park retaining wall, fixing streets, and fixing other things around the City. If Issue 10


passes, those additional three [firefighter] positions will have to be funded somewhere and it will 

come from the General Fund. In years 2, 3, 4, 5, and 6 and down the road, those expenses will still be 

there – they will never go away. If our population increases by 1,000 people, it states the City must 

add personnel. Per Issue 10, they cannot add personnel one at a time—we have to add them three at a 

time – one man for each shift, tripling the cost of adding that one additional person. He encouraged 

everyone to vote “No” on Issue 10. Without the passage of Issue 9, Issue 10 will bankrupt this City. 

• Issue 11. The firefighters are telling the citizens that we already have the ability to use part-time 

firefighters. That is fact but not necessarily the true picture. We have to employ 41 full-time 

firefighters before we can employ that first part-time firefighter. We may never be back to 41 

firefighters. Issue 11 will give City Council the ability to possibly think outside the box and to do 

scheduling changes and to do different things to allow them the ability to run our departments more 

efficiently while serving the community better than they we are today. He encouraged everyone to 

vote “Yes” on Issues 3, 9, and 11 and to vote “No” on Issue 10. 

Councilman Louderback said he would like to piggyback on what everyone else has said. He 

agreed with Councilman Smith – Issues 9 and 10 are not a package deal, even though the 

firefighters have signs up that say to vote for Issues 9 and 10, which is confusing the citizens. It 

is not a package deal. This Council does not support Issue 10; they support Issue 9 and some of 

them support Issue 11. He strongly urged the citizens of Xenia to please give them some help on 

November 2 nd , and to vote for Issues 9 and 11 and to vote against Issue 10. 

President Felton thought they have said it all, and she says it every meeting. People don’t 

understand Issue 10. She has conscientiously been working on the phone when they first got the 

signs that say “Vote No on Issue 10” encouraging people to put the signs in their yards. Some 

people were afraid to put signs in their yards because they did not want to make the firemen or 

police officers mad, which really upset her because the signs are not personal—it is a financial 

issue. Issue 10 is a mandate for the citizens of this town that you will have a certain number of 

positions and you will pay this amount of money forever because it is a Charter change. You 

cannot run a business or a home with somebody else telling you what you WILL do. If she 

wants a new car and can afford to make car payments, that is her decision. This is no different; it 

is the same issue. We have a good Fire Department and we have spent the money so firefighters 

can be well trained, and they have all the equipment they wanted. She did not know when they 

ever turned anything down, but some purchases were delayed a year or two because of money. 

The City borrowed money to purchase the new fire trucks, etc. The only thing they did not do 

was purchase new police cars this summer, which is the first year that she can remember that 

they did that. We could not even buy three police cruisers this year even though some have over 

100,000 odometer miles and even more engine miles. Police cruisers cannot be turned off 

because of the computers, radios, etc. You know what gasoline costs and what our expenses are. 

We are trying. We manage with the money we have. It is the economy and what is happening 

with jobs, layoffs, and increased costs, whether it is salaries or whatever. As she stated, nonunion 

personnel have not received salary increases and the remaining employees are doing extra 

work. 

President Felton asked citizens to vote “Yes” on Issue 9. Do not vote for Issue 10 because she 

absolutely feels it is bad for the City and unfair. The firefighters’ sign that says “Vote for Issues 

9 and 10” is a political ploy on their part. Issues 9 and 10 together will not fund Issue 10. They 

might have [enough funding] a year or two, but then they will be back to the same thing. They


would like to do more and do the best they can. The books are open and citizens are welcome to 

look at them anytime so they can get the City back where they want it to be. 

ADJOURNMENT: Motion by Vice President Mills, seconded by Councilman Smith, to 


following: 










5:30 p.m. 

The Xenia City Council met in a Special Session on November 9, 2010, at 5:30 p.m. in the First 



Felton. 

Motion by Vice President Mills, seconded by Councilman Smith, to go into an Executive Session 

to discuss Personnel Matters. No discussion followed. The Roll on this was the following: 






7:00 p.m. 



Mills, John Caupp, Dale Louderback, William R. Miller, Wesley Smith, Marsha J. Bayless, and 

Patricia L. Felton. 

INVOCATION: Carol Lynne Usher, The Open Door Community Prayer Place, gave the 


APPROVAL OF MINUTES: Motion by Councilman Smith, seconded by Vice President 

Mills, to approve the October 28, 2010, Regular Session minutes as written. No discussion 








Traffic Commission. Councilman Smith said the November 1 st meeting was cancelled 

due to lack of agenda items. The next meeting will be Monday, December 6 th at 7 p.m. 

Greene County Regional Planning Commission. Councilman Caupp said the 

November meeting was cancelled. He noted there have only been three meetings this year.


Board of Zoning Appeals. Mayor Bayless said there was no meeting because there 

were no appeals [applications]. 

ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Miller thanked Council for 

excusing him from the last meeting. His father is still very sick, but they will make it through. 

Mr. Percival thanked all of our citizens who voted last week. The outcome of that vote will 

allow them to continue to provide outstanding, high quality services. All members of Council 

agreed that the laid off public safety service personnel would be rehired as soon as possible after 

the election and that Fire Station #2 would be reopened. He was very happy to report that Fire 

Station #2 reopened last Sunday. He wanted everyone to know that this City Council and this 

Administration kept their word and did everything they could to move that process along as 

quickly as they could. 




Change Order #3 for Police Training Building Construction on Ford Road. 

Mr. Percival said the building on Ford Road is now complete and they are closing out the 

contract with Dryden Builders. Total additional costs are $3,076, which was required for wiring 

and electrical service from DP&L. When DP&L added the building drop, they decided to put a 

transformer at the street and required that the City supply underground service to the building. 

Mr. Percival respectfully requested that Council make a motion to approve the change order for 

the Police Firing Range on Ford Road in the amount of $3,076.00 to Dryden Builders. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to approve the change 

order for the Police Firing Range on Ford Road in the amount of $3,076.00 to Dryden Builders. 

Brief comment followed. Vice President Mills noted monies from Law Enforcement Fund 251 

were used to pay for the building; no General Funds were used. The Roll on this was the 

following: 



Renewal Agreement for Health and Dental Insurance Programs. Mr. Percival noted 

last year they made some changes to the health insurance program, added Health Savings 

Accounts (HSA), made other changes, and they were able to have a very low renewal rate. The 

renewal rates this year for the HSA and HMO plans have a 15% rate increase, and the renewal 

rate for the dental insurance plan has a 0% rate increase. Staff continues to work to keep these 

costs in check. These increases are less than what other organizations are seeing. 

Mr. Percival respectfully requested that Council entertain two motions: 

Motion 1. Authorize him to accept the rate renewal for both the HMO and HSA health 

insurance coverage for the 2011 calendar year with Anthem Insurance Company beginning


January 1, 2011, and authorize the City to maintain its yearly contribution rates at $1500 for each 

single option plan and $3500 for each family option plan. 

Motion 2. Authorize him to accept the rate renewal as presented with Superior Dental for the 

2011 calendar year beginning January 1, 2011. There are no changes to the program this year for 

our employees. 

Motion by Councilman Louderback, seconded by Mayor Bayless, to authorize the City Manager 

to accept the rate renewal for both the HMO and HSA health insurance coverage for the 2011 

calendar year with Anthem Insurance Company beginning January 1, 2011, and authorize the 

City to maintain its yearly contribution rates at $1500 for each single option plan and $3500 for 

each family option plan. Discussion followed. 

Councilman Louderback said the biggest reason for the 15% increase is due to the Healthcare 

Reform going on in this country, and it has impacted all of the cities across the country. 

President Felton asked how much the rates increased over the last few years. Mr. Percival said 

because of the changes made last year there was a decrease of 2.9% on the HMO. This year the 

rate will increase 15%. President Felton noted this year only one other carrier elected to quote 

our group while three carriers declined. The lack of additional competitive quotes weakened the 

City’s position to further reduce the renewal rates, which makes a big difference. Mr. Percival 

said bid packets were sent to five companies, but only two companies submitted quotes. 





President Felton thought Councilman Caupp needed to walk away without a vote instead of 

abstaining from the vote. Mr. Lewis said there is a conflict but felt Councilman Caupp could 

abstain since his abstention will go with the majority. 

Motion by Councilman Miller, seconded by Councilman Smith, to authorize the City Manager to 

accept the rate renewal as presented with Superior Dental for the 2011 calendar year beginning 

January 1, 2011. No discussion followed. The Roll on this was the following: 




Request Purchase of Stand-by, Emergency Generator for the Industrial Park Water 

System. Mr. Percival said he is requesting approval to purchase a stand-by, emergency 

generator for the Industrial Park Water System Booster Station through Ohio CAT (Columbus) 

via the National Joint Powers Alliance. This is a high pressure water system that has never had a 

source of standby power. In the event of a power outage, a portable generator was used, but they 

are limited to the number of portable generators they have. If they needed a portable generator to 

run a shelter, they would not have one available to use at the Booster Station, but they need to


keep that water tank filled so the folks at the Industrial Park, particularly those with fire 

suppression systems, have adequate water pressure. In order to find a permanent solution to the 

problem, they were able to find a generator that meets their needs through a joint purchasing 

program. This will allow them to utilize the portable generator to run a shelter or do whatever 

else they need to do with it. 

Mr. Percival respectfully requested that Council make two motions: 

Motion 1: Waive the second reading and pass as an emergency an ordinance to waive competitive 

bidding for the purchase of a stand-by, emergency generator for the Industrial Park Booster Station from 

Ohio CAT through the National Joint Powers Alliance bidding program. 

Motion 2: Authorize the issuance of a purchase order to Ohio CAT in the amount of $35,389.00 for the 

purchase of Stand-by, Emergency Generator for the Industrial Park Water System (Booster Station) 

through the National Joint Powers Alliance bidding program. 

Councilman Louderback presented an ORDINANCE WAIVING COMPETITIVE BIDDING 

FOR THE PURCHASE OF A STAND-BY, EMERGENCY GENERATOR FOR THE 

INDUSTRIAL PARK BOOSTER STATION, AND DECLARING IT TO BE AN 

EMERGENCY. 

Motion by Councilman Louderback, seconded by Vice President Mills, that the rules requiring 



Councilman Smith clarified Water Funds would pay for the generator. Mr. Percival said that 

was correct. 

President Felton said earlier today she spent time on the phone with Mr. Tincu because she 

questioned whether the generator would provide adequate water volume. Mr. Tincu said the 

water system at the Industrial Park is a sub-station of our current water system. There is not 

adequate volume and pressure to feed it on its own, so it has its own dedicated pressure system 

that consists of a main header and two booster pumps. Those operate on a pressure system and 

fill the dedicated water tower for the Industrial Park. Currently, the system is not equipped with 

a backup power supply. A significant number of commercial and industrial sites at the Industrial 

Park require adequate volume and water pressure. There have been instances where they lost 

power and that did affect their operations. To accommodate that deficiency in the water system, 

it is recommended to have a dedicated, stand-by generator to provide adequate volume and 

pressure to those facilities. 

President Felton asked if it would be a stand-by generator or be permanently installed. 

Mr. Tincu said it would be a permanently mounted generator at the site. President Felton 

expressed concern that a permanently mounted generator cannot be used anywhere else in the 

City. Mr. Percival said that is why they have a trailer-mounted generator. President Felton said 

she knew that. Mr. Tincu said the EPA’s recommendation is that anything tied directly to the 

City’s water and sewer systems as a whole have dedicated stand-by generators to supply them. 

President Felton said that answered her question.


President Felton asked how many portable generators the City owns. Mr. Percival said the City 

has one trailer-mounted generator, and between the Street Department and Fire Division, we 

have a total of seven portable generators. President Felton thought a new generator was needed 

at City Hall. Mr. Percival said that was correct. President Felton thought the City Garage was 

operating on a portable generator. Mr. Percival said the City Garage has an old generator, but 

the thought is to move the generator from City Hall to the City Garage after the new, permanent 

generator is installed. President Felton thought the stand-by generator at City Hall was not any 

good. Mr. Percival said the generator is just not big enough to operate City Hall. 

President Felton asked if the new generator would have a warranty. Mr. Tincu said yes. 

President Felton asked if Mr. Tincu knew how many hours the generator would really be on-line. 

Mr. Tincu said the generator would be put on the same maintenance prevention program as the 

current generator at the Water Plant, which would obviously require scheduled load testing as 

well as load bank testing. Load testing is where you physically put a normal loading condition 

on the generator. A load bank test is done annually where they actually bring a panel load out 

there, hook the leads up to an amp drawn bank, and they reach the maximum capacity of the 

generator to ensure it will be able to output what it is designed to. It will be entered into the 

same programs, so when they come to town to service the generator at the Water Plant, they will 

do the Booster Station as well. 




Motion by Councilman Louderback, seconded by Vice President Mills, that Ordinance Number 




President Felton asked for a second motion to issue the purchase order. Mr. Bazelak believed a 

second motion was unnecessary, because the first vote could be used for both actions if she 

would like. President Felton said then staff should not put them as two separate motions on the 

agenda. 

Items for the City Manager: Mr. Percival said since he will not be in his office on 

Friday, it would be neglectful of him if he did not wish Mr. Bazelak a “Happy 50 th Birthday” on 

Friday. Mr. Bazelak always says he is not as old as he is, but as of Friday, they will be the same 

age. (Laughter followed.) 

In response to a question he received from a citizen, Councilman Smith asked where the City 

needs volunteers. Mr. Percival said there are currently openings on the Planning and Zoning 

Commission, the Board of Zoning Appeals, and the Civil Service Commission. The BRACA 

vacancy was recently filled, but they can always use help with their various activities such as the 

Adopt a Spot Program, working at Shawnee Park, and the Hometown Christmas event on 

December 11 th . Volunteers also work at City Hall, such as for Ms. Potter [Human Resources]


and Mr. Lewis [Law Department]. Citizens can check the City’s Government Channel and 

website to see a listing of the Board and Commission vacancies. 

Councilman Louderback thought the parking lot behind the Xenia Gazette looked very nice, but 

he understood 10’ of alley behind the businesses on W. Main Street was owned by the City and 

the rest was owned by the property owners. Mr. Percival said he would look into getting that 

alley repaired because some of the holes are big enough to swallow him. He thought the parking 

lot on E. Second Street looked very nice. President Felton noted the parking lot improvements 

were not paid from the General Fund. Mr. Percival agreed; the improvements were paid from 

2009 Community Development Block Grants, which Council authorized. 


Introduction of three (3) Resolutions for the Suspension of Uncollectible Utilities 

Receivables, Uncollectible Loans/Grants Receivables, and Uncollectible City Income Tax 

Receivables. Mr. Bazelak respectfully requested that Council introduce three (3) Resolutions. 

Action 1. Introduction of a Resolution Authorizing Suspension of Uncollectible Utilities Receivables in 

the amount of $17,284.52 from the active records of the utility funds. 

Action 2. Introduction of a Resolution Authorizing Suspension of Uncollectible Loans/Grants 

Receivables in the amount of $7,388.18 from the active records of the loan/grant funds. 

Action 3. Introduction of a Resolution Authorizing Suspension of Uncollectible City Income Tax 

Receivables in the amount of $16,191.89 from the active records of the income tax funds. 

Mr. Bazelak said all the Utilities Receivables were related to bankruptcy proceedings. The 

Income Tax Receivables primarily were older accounts that they could no longer pursue through 

Xenia Municipal Court because they are over three years old and they were unable to locate the 

individuals to give them Court Summons. There are also some smaller Loans/Grants 

Receivables. 

Referencing the Income Tax Receivables that are over three years old, President Felton asked if 

the City can go after those people if they move back into the City. Mr. Bazelak said they could 

look into it, but given that the debt it over three years old, he did not feel they could take that 

action per the Xenia City Charter and the Ohio Revised Code Section 718.12 Statute of 

Limitations. Mr. Lewis agreed. 

Councilman Caupp asked if that would also apply to Utilities Receivables. If someone came in 

after having the debt discharged and applied to obtain water again, he asked if the debt would 

still show. Mr. Bazelak said the debts were discharged through bankruptcies. 

Councilman Louderback introduced all three (3) Resolutions that were read for the first time: 

RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE UTILITIES RECEIVABLES. 

RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE LOANS/GRANTS 

RECEIVABLES. 

RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE INCOME TAXES 

RECEIVABLES.


Councilman Smith noted this is thousands of dollars the City has to write-off because of 

bankruptcies, and that is money the City cannot collect. It is not that the City did not attempt to 

collect it; the debt was discharged through bankruptcy. 


Motion by Vice President Mills, seconded by Mayor Bayless, to approve payment of bills 

totaling $190,728.87. Brief comment followed. 

• Page 10 – Treasurer State of Ohio for 2011 Pharmacy License @ $150. Mayor Bayless said she 

asked the City Manager why the City needed to have a pharmacy license. Mr. Percival said the 

City has to carry a pharmacy license so the paramedics can dispense drugs. 








ORDINANCE APPROVING THE CONTRACT WITH XENIA TOWNSHIP FOR THE 

CREATION OF A JOINT ECONOMIC DEVELOPMENT DISTRICT (JEDD), and it was read 

for a second time. 





Items for the Law Director: Mr. Lewis also wished Mr. Bazelak a “Happy Birthday” 

and noted he is considerably younger than Mr. Bazelak and Mr. Percival. (Laugher followed.) 


thanked the voters of Xenia for passage of Issues 9 and 11. It was greatly appreciated and they 

will not be sorry. They start budget talks in the near future, and it is not business as usual. This 

election was probably the most critical in the City, and the budget talks will be just as critical. 

They will not sit back and relax now that the issues have passed. They will roll up their sleeves 

and get to work. They have a fudiciary responsibility to all the citizens and they will adhere to 

that. 

Councilman Caupp also wished Mr. Bazelak a “Happy Birthday” on Friday. He congratulated 

the voters of Xenia for the passage of Issues 3, 9, and 11. It is nice to be in a community where 

the voters have made the commitment and investment back into the community.


Vice President Mills said she had many people to thank, beginning with veterans. Thursday is 

Veterans Day, and she wanted to thank every man and woman who has put his or her life on the 

line for us to be able to run our city, state, and country, and to be able to vote and have the liberty 

to do so. She also thanked the voters for using that freedom wisely and for taking the time to go 

out and vote. She thanked the Citizens for Xenia PAC for paying for the signs in front of City 

Hall and Fire Stations #1 and #2. She attended the Partners in Education Appreciation Breakfast 

this week at Faith Community United Methodist Church where local businesses and groups of 

professionals were recognized for their volunteerism and for their work to help Xenia 

Community Schools. BARCO was awarded the 2010 Business Partner of the Year, and the 2010 

Rookie Business Partner of the Year was the Xenia Area Young Professionals. The “Hometown 

Christmas” event will be Saturday, December 11 th from 1 to 6 p.m. They hope to kick off the 

festivities with a small parade to bring Santa into town. Santa will be at the former Oasis Café 

building all day as well as crafts for children. There will also be a variety of other activities, 

such as the Xenia High School Ensemble Choir. Everyone is invited to attend! She thanked all 

the banner sponsors. During Phase I, 36 banners were sold, and 12 banners were sold during 

Phase II. Phase III will consist of at least 10 more banners to complete the display of banners in 

the downtown corridor, and she already has five orders. If anyone would like to purchase a 

banner, please contact her or Connie Mann at the City Manager’s Office. All banners can be 

personalized on the bottom and are guaranteed for three years. 

Councilman Caupp said Vice President Mills forgot to recognize two people. Councilman 

Smith, the owner of Better Images Portrait Studio, was presented an award at the Partners in 

Education Appreciation Breakfast. Kirk Anderson of Anderson Landscaping was also given an 

award, but he was unable to attend the event because he was supposedly planting trees. 

Mr. Anderson does not like being in the spotlight, but he does a lot of volunteering around the 

City. Vice President Mills said there were others recognized at the event, but she could not 

remember everyone, which is why she only mentioned the two companies. 

Mayor Bayless said she also attended the Partners in Education Appreciation Breakfast. She has 

attended that annually ever since she was in the school system, and it is a great event. It was nice 

to see the businesses participate and support our schools. She thanked the voters for supporting 

the City’s Income Tax Levy. Many had to sacrifice because it will affect you financially. It is 

really great to see the City pull together when needed. It was a critical need, so thank you for 

supporting that. Along with Fire Station #2 reopening, the firefighters and police officers have 

been reinstated. Mayor Bayless wished Mr. Bazelak a “Happy Birthday” and her mother, who is 

92 today, a “Happy Birthday.” 

Councilman Smith reminded everyone that Thursday, November 11 th is Veterans Day, which is 

why the Council meeting was held tonight. He thanked veterans for their sacrifices for this 

country. We appreciate all the freedoms we have and for being able to vote last Tuesday. His 

daughter is in the Xenia High School fall play, Hospital Hijinks, from November 18 – 20 th 

beginning at 7:30 p.m. The students have been working very hard on the play. He thanked the 

voters for their support of Issue 3 for our schools and children, and for their support of Issue 9, 

which will allow the City to move forward. They want everyone to know that voters did not 

write Council or City Hall a blank check. They are working very hard to look at every budget 

line item for cost savings and that will continue. For those watching the meeting who are unable 

to attend due to other obligations, he wanted to say thank you for taking the time to watch the


Council meetings. He noted Ted Maurer is in the audience tonight and he wanted to thank him. 

Mr. Maurer often attends Council meetings but may not always agree with their decisions and 

direction. Citizens are always welcome to attend Council meetings and their input is welcome 

during Audience Comments. He noted he also attended the Partners in Education Appreciation 

Breakfast on November 4 th . He thanked Faith Community United Methodist Church for hosting 

the event. During these hard economic times, many churches are stepping forward to help 

people with food pantries, etc., and he appreciates that. 

Councilman Miller thanked all veterans, especially his parents and numerous family members 

who have served in the military whose names he read aloud. 

President Felton noted this year’s annual community Thanksgiving dinner will be held on 

Thursday, November 25 th from 11:30 a.m. to 1:30 p.m. at the Xenia Adult Recreation and 

Services Center. The event is free and everyone is welcome to attend. The Caring Place at the 

First Evangelical Lutheran Church of Xenia offers free hot meals to those in need every 

Thursday night. This service is supported by many other churches and individuals in our 

community, and the food is excellent. She visited the Fire Station the day after the election, and 

they had an interesting 90-minute discussion. She needs to make two more trips in order to talk 

to the firefighters on the two other shifts. She thanked the veterans for their service. Her 

daughters did not serve in the military, but there are a lot of women and men over there fighting 

the war and it is heartbreaking. While on a visit to Washington, D.C. years ago, she got to see 

the Vietnam and Korean War Memorials but has not seen the World War II Memorial. There is 

a nice Veterans’ Memorial Park in Beavercreek on Fairfield Road. None of us likes war, but we 

have to stand behind our men and women. If you see a military person, tell them thank you. It is 

a hard time for everyone. 

Councilman Miller noted Honor Flight is a non-profit organization created solely to honor 

America's veterans for all their sacrifices. Our heroes are flown to Washington, D.C. free of 

charge to visit and reflect at their memorials. Top priority is given to the World War II 

survivors, but if space is available, the Honor Flight Network will also include veterans who 

served during the Korean and Vietnam Wars. Guardians, assistants, and volunteers are also 

welcome on the flight. For more information, visit the website www.honorflight.org. 



following: 










6:00 p.m. 

The Xenia City Council met in a Special Session on November 23, 2010, at 6:00 p.m. in the First 




Motion by Vice President Mills, seconded by Councilman Smith, to go into an Executive Session 

to discuss Pending Litigation. No discussion followed. The Roll on this was the following: 




with the same members present to discuss Pending Litigation. 


7:00 p.m. 



Mills, John Caupp, Dale Louderback, Wesley Smith, Marsha J. Bayless, and Patricia L. Felton. 





Mills, to approve the November 9, 2010, Executive/Regular Session minutes as written. No 




SPECIAL PRESENTATION: Randy Sprunger, Fanning Howey Associates, Inc., Design 

Architect for new Xenia Community School Buildings. Mr. Sprunger thanked Council for 

allowing him to make a presentation. He said it has been great working with the various 

agencies in the city and county and getting their insight into the project. Xenia Community 

Schools is replacing its seven outdated K – 5 elementary schools with five new schools. There 

will be approximately 520 students per school and each school will be approximately 56,000 

square feet. He then proceeded with the PowerPoint presentation. 

o 

The floor plans are basically the same with variations for the three schools that will have an area 

for programs for multi‐handicapped (MH) students located in the front of the building.


o 

o 

o 

o 

o 

o 

o 

There will be a courtyard inside the media center. 

All schools will have full service kitchens and raised stage areas. 

There will be two‐story academic areas with kindergarten, 1st, 2nd, and 3rd grade students on 

the first floor and 4th and 5th grades on the second floor. 

Natural light is a very important part of the programs because studies have shown natural 

daylight improves performance in the classrooms. Window wall systems with seating areas will 

allow a lot of daylight into the rooms. 

The current Arrowood, Simon Kenton, and Spring Hill school buildings will remain and be 

available for sale or new purposes. Arrowood Elementary School will become the School 

District’s Central office. Cox Elementary will be demolished after the new school is built. 

Current McKinley Elementary building will be used as a preschool facility. 

There will be circular drop off/pick‐up areas for parents and separate areas for bus drop off at all 

schools. 

Shawnee School is deeper into the site than the existing school, which is in the front of the site. 

Classroom Improvements: 

o Updated Technology in every classroom 

o New furniture and equipment 

o Healthier and more energy efficient mechanical systems 

o Air‐Conditioning 

o Multi‐pane windows with integral blinds 

o Improved student safety 

• Cameras 

• Sprinkler system 

• New security and fire alarm systems


Cox Site Plan 

Arrowood Site Plan 

McKinley Site Plan 

Shawnee Site Plan 

Councilman Caupp asked what type of fencing would be used around the perimeter of Cox 

Elementary School. Mr. Sprunger said chain link fencing will probably be used. Councilman 

Caupp said that does not meet the Zoning code. President Felton disagreed. Mr. Sprunger said


decorative fencing may be used at some schools. Mr. Berger said the City Planner and architect 

have discussed the fencing at length. 

Councilman Smith asked where the tornado safe spots will be located in each building. 

Mr. Sprunger said the interior corridors are tornado safe spots, because they have concrete walls 

on both sides and contain concrete planks above, and there are no glass areas or entrances on the 

ends. A number of the internal spaces are short spans with masonry walls, which is where 

students will go. Classrooms have a number of windows to allow natural daylight, but 

consideration was also given to construct the windows with impact resistant glass that are triple 

panes with blinds between the glass panes. An alternate would be to use laminated glass. 

Councilman Smith thought it was a great presentation, and his concerns may be too late, but he 

wanted to clarify three schools would have multi-handicap units, but the other two schools will 

not. He asked how many elevators will there be at the schools with two floors and multiple 

handicap units. Mr. Sprunger said each school will have one elevator. Councilman Smith said 

Xenia High School has one elevator and it is not enough. His daughter, who sometimes uses a 

wheelchair, has to wait up to five minutes to get on the elevator because of the number of 

handicapped students at Xenia School. He wondered if having only one elevator was discussed. 

Mr. Sprunger said that was discussed. The number of students per school is smaller and the 

distance students must navigate is much smaller. They discussed controlling who would use the 

elevator. Most students will use the large, open stairwells, and they felt one elevator that is large 

enough to accommodate a gurney was sufficient. 

Mr. Sprunger shared samples of the dark bricks that will be used on the majority of all five 

buildings, samples of medium brick to be used on secondary areas, and beige bricks to be used 

for accents. In order for each building to have its own identity, vivid accent colors were selected 

for the outside and inside of all five buildings by the Design Committee. Neutral colors will also 

be used as accent colors above some of the window areas to match the bricks. It was an 

interesting selection process and was amazing how unanimous the Design Committee’s decision 

was after looking at hundreds of colors. 

Mr. Sprunger introduced Jim Froehlich from the Scaparotti Construction Group. 

Jim Froehlich said he is the Construction Manager hired to oversee the District’s efforts to involve 

local vendors and citizens in the $54 million dollar construction project. Thus far it has been a 

great experience working with the community, the Chamber of Commerce, and XEGC. In an 

effort to employ local contractors and vendors in the building project, Scaparotti has hosted several 

matchmaking meetings for local subcontractors to learn how they can participate in the project. 

They have been using as many local contractors as they can. They used a local surveyor, and only 

local contractors were used to build their office space on N. Detroit Street. They have also been 

having community meetings in the neighborhoods where the schools will be built to let citizens 

know what will be going on and what to expect. The meetings were well attended by neighbors, 

who did not all have positive comments, but they are taking the neighbors’ concerns into 

consideration to ensure they are satisfied with what happens on those sites. 

President Felton asked when they would break ground and when construction would be 

completed. Mr. Froehlich said the first three school buildings to be constructed are on the sites 

of Arrowood, McKinley, and Tecumseh elementary schools. Groundbreaking is scheduled for


early 2011, with an opening expected in 2012. Groundbreaking for the schools located on the 

current sites of Cox and Shawnee schools is planned for 2012, with an opening expected in 2013. 

Mayor Bayless asked for details about the parking lot lighting because she wants to make sure it 

is adequate. President Felton noted Mayor Bayless used to be the principal at McKinley 

Elementary. Mr. Sprunger said they must meet certain codes regarding foot-candles 1 , which will 

drive their design. They are looking at using LED lighting, which is the most up-to-date and 

efficient lighting available. 

Councilman Caupp asked what type of lamps they normally use in the parking lots. 

Mr. Sprunger said the lights will look like a standard shoebox light on a metal pole on a concrete 

base. 

President Felton said they are anxious to see the schools completed. Anyone who has questions 

can call the School Board. Mr. Froehlich said anyone interested in obtaining more information 

can contact him at 36 N. Detroit Street. He noted one of their Superintendents, Dan Matthews, is 

in the audience and is a local Xenia resident. 

President Felton thought the dust, disruption, and increased construction traffic might upset the 

neighbors. Mr. Froehlich said those issues were discussed at community meetings. Their main 

concern is the safety of students during construction since all the buildings are on existing sites. 

They have been working with the Fire Department to make sure the access in and out of the 

buildings is sufficient to ensure students can get out in case of an emergency. President Felton 

said students will want to ride on the large equipment. Mr. Froehlich said they also discussed 

that. Since they recognize they will be unable to keep students away, they will invite students 

onto the site and explain to them the dangers of being there and where they should not go. 

President Felton wished them good luck. She thanked them for the interesting presentation. 



Charlie Huff, 1136 N. Detroit Street, said he was very thankful and blessed to have Council as 

his friends. He wished everyone a “Happy Thanksgiving.” 


Planning & Zoning Commission: Councilman Caupp said the November meeting was 

cancelled due to lack of agenda items. The next meeting will be Thursday, December 2 nd . 

Mayors & Managers: Mayor Bayless said the next meeting in December will be held in 

Dayton. The last meeting was hosted in Xenia. Mr. Percival said they had a presentation about 

the General Electric Company’s plan to establish a research and development center for 

electrical power systems on the University of Dayton-owned land where NCR was located. The 

entire Research and Development Center will be moved to that building. Mayor Bayless noted 

there was a big article about GE Aviation’s plans in today’s Dayton Daily News. 

1 A foot-candle is a non-International System of Units (SI) unit of illuminance or light intensity widely used in 

photography, film, television, conservation lighting, and the lighting industry.



met on November 4 th and endorsed the Livable Communities Act. Both chambers of Congress 

have introduced the Livable Communities Act (S 1619 on August 6, 2009 and HR 4690 on 

February 25, 2010) to encourage livability through comprehensive regional planning and 

implementations. When enacted, the Livable Communities Act would provide $3.75 billion for 

the competitive Sustainable Challenge Grant program over three years to help communities 

create and preserve affordable housing, support transit oriented development, improve public 

transportation, create pedestrian and bicycle thoroughfares, redevelop brownfields, and foster 

economic development. 


met on November 16 th and discussed the proposed Tree Committee and the Downtown 

“Hometown Christmas” Event on Saturday, December 11 th from 1 to 6 p.m. The event begins 

with a Christmas Parade from Xenia Station to E. Main Street. Participants include the Xenia 

High School Marching Band, Green Acres Llamas, Diamonds and Pearls Dance Club, X Town 

Drum Unit, three horse-drawn carriages, and Mr. & Mrs. Claus. From 1:30 to 4:00 p.m. there 

will be visits with Santa and kids’ crafts at the former Oasis Café Building and carriage rides 

around downtown. From 2:00 to 5:00 p.m. the Xenia High School Chorus and Ensemble will be 

at Xenia Area Community Theater, 45 E. Second Street. 

Mayor Bayless asked what time the parade begins. Vice President Mills said the parade will 

begin at 1 p.m. 



City Manager’s Office: Mr. Percival reminded everyone that this year’s annual 

community Thanksgiving dinner will be held on Thursday, November 25 th from 11:30 a.m. to 

1:30 p.m. at the Xenia Adult Recreation and Services Center. The event is free and everyone is 

welcome to come. This is the 21 st or 22 nd year they have done that and it is really a good time. 

President Felton has often participated in the past, and Councilman Louderback and Councilman 

Caupp participated last year. It is truly a labor of love. President Felton asked if there would be 

home delivery. Mr. Percival said yes. Shut-ins should call the Interfaith Hospitality Network at 

372-0705 and they will arrange for a meal to be delivered. 

Award of Bid for Public Service Department Uniforms and Mats. Mr. Percival said 

two bids were opened for the rental of work uniforms for the Public Service Department and for 

floor mats for the City Building, Xenia Station, and the Public Service Center. He respectfully 

requested that Council authorize him to enter into a contract with Cintas for the rental of mats 

and uniforms at the bid unit prices for the Public Service Department in an amount not to exceed 

$12,566.60 for 2011. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to authorize the City 

Manager to enter into a contract with Cintas for the rental of mats and uniforms at the bid unit 

prices for the Public Service Department in an amount not to exceed $12,566.60 for 2011. 

Discussion followed. President Felton asked Mr. Percival to explain the difference between the 

2011 budgeted amount [$47,355.00] and the actual amount [$12,566.60]. Mr. Percival said line


item 53290 contains a number of different contractual services (not just uniforms), which is why 

there is a difference in the two figures. The Roll on this was the following: 



Authorization to enter into a Memorandum of Understanding (MOU) with Xenia 

Community Schools for a property sale and purchase and to waive the City’s adopted 

purchasing procedures and enter into a contract with Horne and King Architects at a not-toexceed 

cost of $24,500. Mr. Percival said the City has a park at the McKinley School site that we 

do not need, and the school needs land and green space to build their new school while maintaining 

the existing building for their preschool program. Initial conversations between City Officials and 

XCS revealed a real opportunity for a ‘Win-Win’ endeavor where the City would sell Bennett Park 

to XCS, and in turn the City would purchase XCS’ Simon Kenton Elementary School on W. 

Second Street. The City’s interest in Simon Kenton Elementary School is rooted in its central 

location that has additional acreage and will allow us to complete the Industrial Boulevard 

extension (which has been discussed for years from where it terminated on Lower Bellbrook Road 

up to Second Street). The extension will allow much better traffic flow through there. 

Mr. Percival said in order to proceed further with a property sale and purchase between the City 

and XCS, both parties must have their respective legislative bodies authorize a Memorandum of 

Understanding (MOU) that explicitly states the terms and conditions of the transfers. As such, 

the first action City Council is asked to undertake is to authorize him to enter into an MOU with 

XCS. Subsequent to both parties entering into a fully executed MOU, the City will ascertain the 

feasibility of utilizing Simon Kenton Elementary School as a police facility. The proposal from 

Horne & King Architects is to complete the feasibility study (Phases I and II) at a not-to-exceed 

cost of $24,500. The feasibility determination is twofold: Phase I: Does the current facility meet 

current building code requirements? If not, what will it take to do so? Phase II: Assuming the 

building can adequately meet current building codes, is there adequate space to meet the 

logistical needs of the Xenia Police Department, given its current structure? Council should also 

be aware that if it is determined during the code review (Phase I) that Simon Kenton Elementary 

School is unsuitable for a future police facility, Staff would certainly not authorize Horne & 

King Architects to proceed with Phase II. An amount not to exceed $11,000 will be allocated for 

Phase I. Following discussions today with President Felton, a time frame for completion will be 

no later than March 31, 2011. If it is determined that the building is feasible to meet our needs, 

then they will proceed with Phase II in an amount not to exceed $13,500. At this point, he did 

not think anyone knows the actual code condition, etc., of that building area. If they are going to 

enter into something like that, they must enter into it with their eyes open so they understand 

what all the possibilities and pitfalls might be. 

Mr. Percival respectfully requested that Council authorize him to enter into a Memorandum of 

Understanding with Xenia Community Schools. 

Motion by Vice President Mills, seconded by Mayor Bayless, to authorize the City Manager to 

enter into a Memorandum of Understanding with Xenia Community Schools whereas the City of 

Xenia will sell Bennett Park to the Xenia Community City School District Board of Education 

and the Xenia Community City School District Board of Education will sell two parcels of land 

on which Simon Kenton Elementary School sits to the City. Discussion followed.


Councilman Caupp clarified with an MOU, they do not have to purchase the Simon Kenton 

Elementary School building if the studies show that it is not feasible. Mr. Percival said that was 

correct. Councilman Caupp thought they would still have to do another study to see how much 

the renovations will cost. Mr. Lewis said they don’t know what they will renovate the building 

for. Councilman Caupp said by March 31 st , they may find that they will not have enough money 

to do the renovations on the building in the next 10 years and they do not want it. Mr. Percival 

said the City does have an out which is why the MOU was adjusted. Councilman Caupp said he 

did not want to purchase the building and then find out down the road that the City will have the 

expense of demolishing it. Mr. Percival said that is why the MOU states if that is not feasible the 

City does not have to purchase the building. President Felton stated the building can be used for 

anything, not just for the Police Department. 

Mr. Percival felt it was important to obtain the property in order to extend Industrial Boulevard. 

If it is decided that the building is not feasible for renovations and cannot be used, he thought 

they needed to have a conversation about how they can at least obtain a right-of-way for the 

extension of Industrial Boulevard. Councilman Caupp agreed. 

Vice President Mills said she understood the partnership with Xenia Community Schools since 

the XCS will be receiving Bennett Park. If the City does not want Simon Kenton School, she 

asked what would happen if XCS decides they still want the parkland. Mr. Percival thought it 

would make sense for the XCS to have Bennett Park and they would make that work. Vice 

President Mills agreed, but she wanted to make sure. 

President Felton understood they would not be building on that land, so they could just leave it as 

a park. Mr. Percival felt XCS needed the parkland in order to have adequate setbacks and green 

space. President Felton said she did not see a need for a park at Simon Kenton because nobody 

would go over there. 




Mr. Percival respectfully requested that Council authorize him to enter into an Agreement with 

Horne & King Architects of Columbus, Ohio to complete a feasibility study for the potential 

reuse of Simon Kenton Elementary School at a not-to-exceed cost of $24,500 and waive the 

City’s normal purchasing procedures requiring three (3) written quotations for professional 

services. Phase I of the feasibility study, to be completed by March 31, 2011, shall be in a notto-exceed 

amount of $11,000. If Phase I shows it is not feasible to renovate the building, then 

the City will not authorize the expenditure of $13,500 for Phase II of the study. 

*Motion by Vice President Mills, seconded by Councilman Louderback, to authorize the City 

Manager to enter into an Agreement with Horne & King Architects of Columbus, Ohio to 

complete a feasibility study for the potential reuse of Simon Kenton Elementary School at a notto-exceed 

cost of $24,500 and waive the City’s normal purchasing procedures requiring three (3) 

written quotations for professional services. Phase I of the feasibility study, to be completed by 

March 31, 2011, shall be in a not-to-exceed amount of $11,000. If Phase I shows it is not


feasible to renovate the building, then the City will not authorize the expenditure of $13,500 for 

Phase II of the study. Discussion followed. 

Councilman Caupp noted Page 3 of the proposal from Horne & King Architects under Phase I 

does not include a roof scan report, which sounds like something they will probably need down 

the road. Mr. Berger said they had the same question of the architect. They discovered the roof 

at Simon Kenton was upgraded in the early 1990’s, and the architect said they would probably be 

okay with not having that completed, which is why they elected to forego that expenditure. 

President Felton said she did not want to approve Phase II until Phase I is completed and Council 

has discussed the findings, at which time they can decide if they want to proceed with Phase II. 

Mr. Percival said they could take that proposal back to Horne & King Architects. 

President Felton said she could write a better contract. She asked Mr. Berger to explain 

“additional services” on Page 3. Mr. Berger said that is standard wording with a lot of these 

contracts. If they ask the architect to perform something that was not included in the original 

scope for basic services, they can charge an hourly rate. President Felton felt the scope of 

additional services is so wide open, they can always say it was not included in the scope. 

Mr. Berger felt the bullet points in the contract were very explicit on what they would do. He 

had no objection to the contract. 

Mr. Percival said if Council would like to only authorize a not-to-exceed expenditure of $11,000 

with no additional costs, then that can be done if that is what Council wants to do. Mr. Berger 

agreed. President Felton said that was her opinion. She then asked for Council’s opinion. 

Councilman Caupp said he was fine with that. 

Mr. Percival said they would issue a purchase order for an amount not to exceed $11,000. 

President Felton asked if the March 31 st deadline was only for Phase I. Mr. Percival said yes. 

President Felton said after the Phase I report is received, Council will have a work session during 

the first Council meeting in April 2011, and then decide if they wish to approve Phase II. 

Mr. Berger thought that sounded like a good plan. President Felton said she did not want to hold 

up the progress if they are going to move forward, but she is still looking for the money. 

President Felton asked when the money for the services was appropriated. Mr. Berger said 

according to the Assistant City Manager, the money was a supplemental appropriation that was 

approved in March or April 2010. President Felton said she did not know it was in the budget. 

Mr. Percival said the money was in the budget. President Felton said it was a special 

appropriation approved in March that was not included in the original 2010 budget, and she did 

not like that. She would have preferred to appropriate the money tonight. 

*Mr. Percival clarified the motion was for the allocation of $11,000 for Phase I, with the 

understanding that the Phase I findings will be brought back for discussion before acting on 

Phase II. President Felton said that was correct. If Phase I goes well, they will probably proceed 

with Phase II. 





Authorization for City Manager to enter into Income Tax Rebate Agreement with 

Cornerstone Research Group, Inc. and Subsidiaries. Mr. Percival noted in August the City 

approved an Income Rebate Program and Ordinance to help attract qualified new businesses that 

are creating new jobs, as well as assist our existing businesses with expansion opportunities. The 

Program would rebate a portion of income taxes collected from non-retail businesses whose total 

payroll exceeds $1 million to help them offset some of their costs. If a company adds the 

requisite number of employees, they would be eligible for a rebate for up to five years if they 

stay in Xenia for at least 10 years. 

Mr. Percival said he was happy to say that Spintech Ventures, a subsidiary of Cornerstone 

Research Group, has applied for an Income Tax Rebate because they will be creating several 

million dollars in payroll over the next few years. The company has also been awarded State 

grants to help them with the setup of this operation. He noted Steve Brodsky could discuss more 

details. He felt this was something that is very exciting because it was a tool they approved to 

help them and now they can see that tool put to use. 

Motion by Councilman Louderback, seconded by Councilman Caupp, to authorize the City 

Manager to sign an Income Tax Rebate Agreement with Cornerstone Research Group, Inc. and 

Subsidiaries. Discussion followed. 

Councilman Louderback said this is a perfect example of how you attract new business. He was 

very happy that Council adopted the Income Tax Rebate Program that was brought forward by 

Mr. Brodsky. 

Councilman Smith asked what type of work Spintech Ventures does. Mr. Brodsky said Spintech 

Ventures patented Smart Tooling products (Smart Mandrels and SMP Bladders) using shape 

memory polymer technology to provide configurable, reusable tooling for fabricating complex 

composite parts, especially parts with complex geometries or trapped structures. The product is 

a fully cured, high-performance thermoset that is rigid at operating temperatures, but recovers to 

a "memory" shape when left unrestrained and can be reused. Mr. Percival said the company 

makes patches for NASCAR cars that do not have to be patched again. Mr. Brodsky said the 

technology is available to the public for cars and recreational use, such as patches for canoes. 

Councilman Smith asked if Spintech Ventures already has contracts. He thought the program was 

great but he questioned the projected sales. Sales were $345,000 in 2010, and they expect over $40 

million in revenue in five years. Mr. Brodsky said the first year sales are small because it is a new 

company. The company received a grant from the Third Frontier Program through the Dayton 

Development Coalition’s Entrepreneurial Signature Program. They spent quite a bit of time 

researching the market, and they feel very confident with those numbers. Their President, Craig 

Jennings, was formerly the President at Motoman, where he helped lead the company from a 

startup company to over $165 million in annual revenue in ten years. If Spintech Ventures’ total 

payroll does not reach $1 million, they will not get the rebate and whatever rebate is given is based 

solely upon the taxes paid. The City will still be able to collect the 2.25 percent income tax. 

President Felton noted [according to the Income Tax Rebate Program requirements] at least 20 

percent of the jobs must be given to Xenia City residents.


Councilman Louderback noted #2 of the Income Tax Rebate Program Agreement states, “The 

increase in the number of employees will result in approximately $1.3 million of additional 

annual payroll for the company.” He did not see a year included. Mr. Brodsky noted a 

spreadsheet entitled “Spintech Ventures – Xenia City Income Tax Estimates” was included in the 

packets; however, the formatting was messed up. He distributed an updated spreadsheet (the 

numbers are exactly the same). The $1.3 million is expected after the company’s first full year 

of operation. By year five, they anticipate that number to be in excess of $3.5 million. 

President Felton asked if the five years takes effect now or when the company reaches $1 million 

in total payroll. Mr. Percival said after the first year the company reaches $1 million in total 

payroll, they can have up to five years after that. 

Mr. Brodsky referenced Paragraph #8. The rebate agreement contains claw back provisions if 

the company were to leave prior to the 10-year period or significantly reduces employment. 

President Felton said other companies have ‘walked out’ and not paid but Mr. Lewis will have to 

handle that. Mr. Brodsky said he expected the company to have significant growth within the 

next five years. Mr. Percival said he would not have suggested they do this if he was not 

confident the company would be here after five years. 




Approve a one-year agreement with XEGC and authorize City Manager to sign 

agreement; and create a special committee to develop a plan for how economic development 

services will be provided in the future. Mr. Percival respectfully requested that Council approve 

a one-year contract with XEGC for the 2011 program year. He also recommended that the Council 

President create a special committee to develop a plan for future economic development services 

with the City. The committee would look at XEGC and all the things they do so they can continue 

to work on the economic development program they have in place and move it forward. He would 

expect that the committee created would be able to complete their work by April 2011, which will 

allow them to look very hard at the committee’s recommendations. As President Felton mentioned 

earlier today, the 2011 budget has not yet been approved, so by approving this tonight, they are 

saying they will put money in the 2011 budget for XEGC. 

Motion by Vice President Mills, seconded by Councilman Caupp, to approve a one-year 

agreement with XEGC and authorize the City Manager to sign the agreement. No discussion 




President Felton said she would like the number of committee members included in the next 

motion. Mr. Percival suggested there be seven committee members. President Felton said they 

would determine who would serve later. She would like the committee’s report by April 30, 2011. 

Councilman Louderback asked if the committee would discuss how XEGC would be funded. 

Mr. Percival said everything will be open for discussion. President Felton said they would have


to discuss how all the funding for XEGC is broken down, and what they can do in the future. 

Years ago they discussed how XEGC would be self-sufficient and self-funded, but then the 

economy tanked and there was a change in officers. Hopefully, with this committee of business 

people and others, they will come up with concrete suggestions for Council to consider on where 

they want to move in the future with XEGC and the Board. 

Motion by Councilman Louderback, seconded by Councilman Smith, to create a special 

committee of seven (7) members to develop a plan by April 30, 2011, on how economic 

development services will be provided in the future. No discussion followed. The Roll on this 




Mr. Percival thanked Mr. Brodsky for coming up with several different economic development 

initiatives this year. Working with Mr. Brodsky, Mr. Bazelak, and Mr. Lewis, they were able to 

implement some of those things, and he thought some of the work they have done is starting to 

pay off, which is a real positive thing. 



Award of Collection Agency Services Bid and introduction of ordinance amending 

Part Two – Administration Code, Title Twelve: Fees, Chapter 298 to change the fee for 

delinquent Income Tax accounts and delinquent inactive Utility accounts sent to a debt 

collection agency to 30% of the debt. Mr. Bazelak respectfully requested that Council award 

the bid for Debt Collection Services for the A/R Division to Dana & Pariser Co, LPA, 

Columbus, for 30% of the debt for successful collections and authorize the City Manager to 

execute a two (2) year contract. 

Motion by Vice President Mills, seconded by Councilman Louderback, to award the bid for Debt 

Collection Services for the A/R Division to Dana & Pariser Co, LPA, for 30% of the debt for 

successful collections and authorize the City Manager to execute a two (2) year contract. No 




Mr. Bazelak respectfully requested that Council introduce an Ordinance amending the fee for 

delinquent Income Tax accounts and delinquent inactive Utility accounts sent to a collection 

agency. He noted when an account is sent to collection, the 30% collection fee will be added to the 

debt amount. Dana & Pariser collect their fee only if they are successful in collecting the debt. 

Councilman Caupp introduced an ORDINANCE AMENDING SECTION 298.01 OF PART 

TWO - ADMINISTRATION CODE, TITLE TWELVE: FEES, CHAPTER 298 OF THE 

CODIFIED ORDINANCES OF THE CITY OF XENIA TO CHANGE THE DEBT 

COLLECTION FEE TO 30% OF THE DEBT FOR DELINQUENT INCOME TAX


ACCOUNTS AND DELINQUENT INACTIVE UTILITY ACCOUNTS SENT TO A 

COLLECTION AGENCY, and it was read for the first time. 


Motion by Vice President Mills, seconded by Councilman Louderback, to approve payment of 








RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE UTILITIES 

RECEIVABLES, and it was read for a second time. 

Motion by Councilman Louderback, seconded by Councilman Caupp, that Resolution Number 

10-DD be now passed. No discussion followed. The Roll on this was the following: 



Mr. Lewis presented a RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE 

LOANS/GRANTS RECEIVABLES, and it was read for a second time. 

Motion by Councilman Louderback, seconded by Vice President Mills, that Resolution Number 

10-EE be now passed. No discussion followed. The Roll on this was the following: 



Mr. Lewis presented a RESOLUTION AUTHORIZING SUSPENSION OF UNCOLLECTIBLE 

INCOME TAXES RECEIVABLES, and it was read for a second time. 

Motion by Councilman Louderback, seconded by Mayor Bayless, that Resolution Number 10-FF 




President Felton noted Council already discussed the Resolutions in detail at the last meeting, but 

Resolutions must be read twice before they are passed. If citizens have questions, they can call. 

Items for the Law Director: None.


READING OF COMMUNICATIONS AND DISCUSSION: Councilman Smith wished 

everyone a “Happy Thanksgiving.” He asked people to stop in and check on their relatives to 

ensure they are safe. 

Mayor Bayless wished everyone a “Happy Thanksgiving.” She noted gas prices recently 

increased. 

Vice President Mills reminded citizens that the community Thanksgiving dinner will be held on 

Thursday, November 25 th from 11:30 a.m. to 1:30 p.m. at the Xenia Adult Recreation and 

Services Center. Everyone who would like to attend and spend the day with others is welcome. 

They need to be mindful of those people who do not think they have much to be thankful for. 

We need to be aware of those people and wish them a better day and year. Every day that you 

wake up gives you another day to be thankful for. She also wished everyone a “Happy 

Thanksgiving.” 

Councilman Caupp wished everyone a “Happy Thanksgiving.” The City has a lot to be thankful 

for with the passage of Issue 9, the new schools, the new Subway on N. Detroit Street, and the 

new ice cream shop that is being built. He wished his father, who had two partial knee 

replacements last week, a speedy recovery. He also wished his mother a “Happy Birthday.” 

Councilman Louderback thanked Key Bank for erecting a new sign and awning that looks really 

nice. He thought the recent parking lot renovations on East and West Second Street look great. 

He wished everyone a “Happy Thanksgiving.” 

President Felton said “Hello” to Eleanor Fleming, a 90-year old resident who watches every 

Council meeting. Mrs. Foiles, who was referred to as “The Tree Lady” in Xenia, passed away 

this week. She reminded citizens that the City is not picking up leaves this year, so please don’t 

put them in the gutters because they will live with them all winter. The revenue from the levy 

will not come until after January 2011. They can dream about and plan for all the projects they 

want to do, but nothing can be done until the money comes in. It will take awhile to do the 

things that need to be done. Vice President Mills noted Rumpke will pick up to 12 bags of 

leaves during their regular trash pickup. President Felton said bagging the leaves will make it 

easier on everyone and keep the catch basins open to allow water to flow. She wished everyone 

a “Happy Thanksgiving.” 

ADJOURNMENT: Motion by Councilman Louderback, seconded by Councilman Caupp, to 


following: 








December 9, 2010 


5:30 p.m. 

The Xenia City Council met in a Regular Session on 2010, at 5:40 p.m., in the City Council 

Chambers, City Hall, with the following members present: Jeanne Mills, John Caupp, Dale 

Louderback, William R. Miller, Wesley Smith, and Marsha J. Bayless. 


Overview of the 2011 Budget. Mr. Merriman said there are a number of items to go through 

tonight to introduce the 2011 budget to Council. They will follow the order in the budget books. 

Financial Management Policies and Goals: As recommended last year, they reinstituted the 

practice of establishing the Financial Management Policies and Goals on an annual basis. They 

are recommending some amendments to some of those policies because of the election and other 

things. Key issues are the reserve requirements for the Key Operating Funds regarding the 

transfer to the 361 Fund; receipting of the new Income Tax and Utility Funds transfer of funds to 

the Capital Fund, of which Mr. Bazelak will discuss in more detail. 

Mr. Bazelak noted Mr. Duke distributed copies of the changes they are requesting as part of the 

2011 budget book for the Financial Management Policies and Goals. Because of the levy 

passage, it allowed them to make some changes to the documents that were sent out with the 

budget books. Given that the 0.50 percent Income Tax increase was approved in November, as 

part of the ordinance legislation, one quarter percent (.25%) was allocated directly to the 270 

Fund for Police and Fire. Per the legislation, the other one quarter percent (.25%) was to be 

allocated for other general capital improvements and street improvements. Currently, threequarters 

of one percent (.75%) goes to the Police and Fire Fund. They are asking that the other 

one quarter percent (.25%) mandated by the ordinance passage [and Nov. 2 nd vote] be added to 

that for a total of one percent (1%) going directly to the Police and Fire Fund. One percent (1%) 

of the income tax rate would be directly receipted into the General Fund 101, and the other one 

quarter percent (.25%) that was approved with the passage of the levy would go directly into the 

General Capital Improvement Fund (361) where they placed $500,000 for street improvements 

in the budget and would also allow them to fund other general capital improvements as stated in 

the ordinance and the ballot language. 

1.75% Income Tax Rate → 2.25% Income Tax Rate 

Current 1.75% Rate Breakdown: 

2.25% Income Tax Rate Breakdown: 

.75% into Police and Fire Fund Increases to 1% (existing .75% + new .25%) into Police 

(270) 

and Fire Fund (270) 

1% into the General Fund (101) Remains the same … 1% into the General Fund (101) 

(New) .25% into the General Capital Improvement Fund 

(361)


They feel this is important for transparency and accountability reasons to show the public exactly 

where the dollars are going. As such, they are asking to amend the financial policies for 2011 to 

incorporate the actual percentages of the income tax rate and where those dollars go for that very 

purpose. 

Past practice has been that the General Capital Improvement Fund (361) is primarily funded 

through a transfer with any excess dollars beyond the two month reserve. Given that the 361 

Fund will now have a dedicated revenue source of .25 percent (.25%) of the income tax rate, they 

believe they should not be required to actually make that transfer into the 361 Fund if they have 

excess dollars beyond the two months. That allows them, hopefully in the future, to build up 

their reserve beyond the two months. They would reserve the right to make the transfer into the 

General Capital Improvement Fund if needs would arise that they would need dollars beyond the 

quarter percent (.25%) that is allocated directly to the 361 Fund. 

Mr. Bazelak said the other change recommended is within the Utility Enterprise Funds. The 

recommended language in Item #4 states, “Any actual cash reserve in the respective utility funds 

at fiscal yearend less two months of operational reserve requirements (including two months of 

debt service principal and interest) shall may be transferred into the respective utility capital 

fund (i.e. excess reserve balance to 611 Fund would be transferred to 664 Fund over and above 

budgeted transfer).” There may be a reason in the future where they may want to have a greater 

amount of dollars than the two month reserve. 

Mr. Bazelak said those are the primary changes to the Financial Management Policies and Goals 

than what was presented in the budget book, and the changes are highlighted in yellow. Feel free 

to review it over the next few weeks. At the last Council meeting in December, he plans to ask 

Council to approve the Financial Management Policies and Goals for 2011 along with a request 

to amend the 2010 policy if they do not want to transfer those dollars into the 361 Fund because 

they believe it is not necessary to do so at the end of 2010. Whereas the current 2010 policy 

requires them to only keep two months reserve in there and to transfer the rest, they may want to 

have that balance in the General Fund and not transfer it out because, as he said, the 361 Fund 

now has a dedicated revenue source. The other changes are basically reflective of general 

assumptions within the budget because of the election and passage of the income tax increase. 

Mr. Bazelak said the primary point is they think it is very important to show the public that the 

dollars are going to be spent where they said they would be spent. With the requirement to put 

quarter percent (.25%) in the Police and Fire Fund that was in the ordinance, he felt it was 

important that the other quarter percent (.25%) go directly into the 361 Fund because they said 

that would be used for street improvements (which is where they put the budgeted dollars) and is 

for other General Capital Improvements. 

Councilman Louderback said he understood the $500,000 [for street improvements], but he 

wondered what the dollar amount would be. Mr. Bazelak said they are projecting around $2.5 

million a year, so a quarter percent (.25%) would be [approximately] $1.25 million into each 

fund (270 Fund and 361 Fund, respectively). Because of the timing of when they will actually 

collect the dollars, they will not receive the full amount of new dollars on the new income tax 

rate until 2012 because people do not file their taxes for 2011 until 2012. In January 2011, they 

will still be getting dollars at the older income tax rate, so there is a little bit of transition in terms


of the cash flow, which they will discuss later, but the projection is $2.5 million. They were very 

conservative about what they put in as a budgeted revenue ($1.6 million) because of the timing 

issues. 

Councilman Louderback clarified there would be $500,000 for street improvements and 

$750,000 for other capital improvements. Mr. Bazelak said that was correct. Councilman Caupp 

said then it is not $2.5 million. Mr. Bazelak said it is not $2.5 million in terms of the budget 

projection for 2011. Councilman Caupp clarified $1.25 million would go into the 361 Fund. 

Mr. Bazelak said there would be $1.25 million in the 270 Fund and $1.25 million into the 361 

Fund when they start to realize the full year of tax revenue. They are hopeful things will turn 

around by then, and that it will be more than $2.5 million, which was a conservative projection at 

that time. They still have some transition issues with 2011. Obviously the economy is still not 

where they would like to see it locally, statewide, or nationally, but they are hopeful with some 

of the changes made, they will start to see unemployment come down, there will be some 

economic development in the city, the existing tax base will grow, and the projected revenue of 

$2.5 million will grow. 

Councilman Louderback asked what the total projected costs for Shawnee Park improvements 

were. Mr. Merriman said it was about $1 million. Councilman Louderback asked if that 

included the retaining wall and other improvements. Mr. Merriman said the $1 million includes 

the retaining wall, lighting, electrical, a new walkway, and stabilization of the pavilion 

foundation. Councilman Caupp thought they discussed financing that project. Mr. Merriman 

said that was correct. 

Councilman Miller asked about removing the muck from the pond. Mr. Merriman said they 

discussed doing that concurrently with the other projects. Because of the impact that would have 

on park usage, it is something that will have to be well planned. They discussed doing that over 

the winter months, but there are some phases he is convinced will have to be done during fair 

weather seasons. 

Councilman Miller asked if there was a way to make the pond shallower so it will freeze like it 

used to do so people can ice skate. Mr. Lewis said he often ice skated at Shawnee Park when he 

was growing up. Councilman Louderback said he was going to ask the same question. 

Vice President Mills said someone told her the pond did not used to have the retaining wall and 

the water froze better. That same person told her the retention wall deterred the pond from 

freezing more quickly. Councilman Miller said the retention wall holds heat. Mr. Merriman said 

it is something they can look at. 

Mr. Merriman said Mr. Bazelak, Mr. Duke, Mr. Percival, and he have had several discussions in 

terms of what their recommended approach would be in 2011 regarding streets as well as some 

of the other general capital priorities. As Mr. Bazelak mentioned, since 2011 is a transitional 

year on the revenue coming in, they can ramp up their efforts in regard to streets and other 

general capital improvements, but they will probably not see significant changes until 2012. 

They are looking at different bond options and packaging some things together to try to get the 

biggest bang for their buck in the short term, to get caught up on some of the maintenance 

deficiencies at the parks, streets, and elsewhere.


Councilman Louderback clarified that Mr. Merriman did not see the Shawnee Park 

improvements happening until 2012. Mr. Merriman said he discussed that with Mr. Percival a 

few weeks ago, and Mr. Percival would like to start those improvements in 2011, but he was not 

sure he shared his optimism. If that is the goal Mr. Percival wants to set, and that is what 

Council wants to do, they will certainly shoot for 2011, but he will have to look at how the 

financing works out and what schedule the engineer will need in terms of timing. 

Councilman Caupp thought a project like that should be started in late August/early September 

when the kids go back to school, work on it for a few months, stop in the winter, and finish it in 

the spring so it is ready to be used. Mr. Merriman said there are some things to consider as far as 

usage of the park and special events that take place at Shawnee Park, and how they can work 

around those. He thinks some of that work will have to be done during fair weather months, but 

quite a lot can also be done over the winter months. 

Vice President Mills asked if the priority list for street repairs from worst to best would be 

followed or if that list would be re-evaluated. Mr. Merriman said a little bit of both. Initially 

they discussed looking at the list, but they are due for a Pavement Condition Index (PCI). He has 

already discussed with City Engineer Chris Berger putting together a strategy in terms of the 

streets. They would like to primarily resurface high visibility/high need streets next year. 

Thereafter, they are looking at asking Council to approve a $1 or $2 million bond package that 

would allow them to get a lot greater economy of scale to do more reconstruction projects. The 

other component is they have a real deficiency in terms of the maintenance, so they want to be 

careful they are not putting down a new street or pavement that they cannot maintain. They want 

to make sure there are some crack sealing projects underway at the same time so we are 

salvaging what we have while also taking care of what they are putting down fresh. They also 

want necessary repairs on water and sewer lines to be a year ahead of any significant 

reconstruction on streets they are buried in. 

Mr. Merriman said he previously discussed with the Council President about holding a work 

session with Council in May to present a Utilities Master Plan and discuss their approach in 

regard to some of the more significant reconstruction of the buried utilities (water and sewer 

lines, etc.). As part of that, they would like to lay out a more comprehensive plan for the streets 

that would cover a three- to five-year period as opposed to the one-year period staff typically 

presents. It will take staff three to four months to develop the Utilities Master Plan. 

Councilman Caupp asked if that would include fiber matting like they used in Laynewood. 

Mr. Merriman felt part of the strategy needs to include fiber matting. They would like to do 

some fiber matting and resealing on streets where that would be appropriate. He would not 

recommend that technique on all streets, but there is a category of streets where that fits in nicely 

and creates a better surface and more durability for the streets. Using fiber matting was a 

stopgap and probably not the direction they would pursue for most of the city streets. 

Councilman Caupp did not think they would want to go that direction on a lot of streets. 

Councilman Louderback asked how staff determines if a complete reconstruction of a street is 

needed. He noted many of the Laynewood streets are 50 years old. Mr. Merriman said there is a 

technique used to determine that where they look at a number of items in terms of the condition 

of the street and they do an assessment of the aggregate under layer. They have a rating index


that they categorize. They also have a map where the streets are color coded based on where 

they fall in the PCI. As mentioned earlier, that process needs to be updated and certainly 

something that is worth doing right now so they will have a strategy that makes sense. 

Councilman Miller asked if they would do a mill and fill similar to Monroe Street, which fell 

apart. Mr. Merriman said mill and fills would only be done where appropriate as opposed to 

total reconstruction of the street. Councilman Miller said the contractor that did Monroe Street 

needs to be bonded out because they used the wrong lime and the street started cracking the next 

year; it is horrible. Councilman Louderback thought the mill and fill process was used on streets 

in Laynewood. Councilman Miller said a fiber mat was used on Laynewood streets. 

Councilman Miller said he wanted to insure that the money is being spent in the best way 

possible. It is so frustrating to drive on a newly paved road and then have a water main hole in 

the middle of it; it looks horrible and starts falling apart all over again. They’ve done that more 

than once. They did it on Monroe right after they completed the mill and fill. The pavement was 

barely done when they ripped up that road to work on the water main. 

Mr. Merriman said that is exactly why he wants to ensure those bases are covered and they are 

up-to-date on the streets needs. The last thing they want to do is rip up new pavement. 

Councilman Miller said citizens expect the city to use their money wisely. Mr. Merriman 

agreed. Councilman Miller said he will be calling numerous times if he saw new pavement 

being ripped up with a backhoe by the city’s Sewer and Water Department staff. 

Mr. Merriman said they also have to take a practical approach. If they had $5 million sitting in 

the bank right now, it would be difficult for them to do $5 million in street repairs in one year 

simply because they do not have the administrative and inspection staff to manage that. They 

want to ensure they are getting a good deal for the money they are spending, but they can only do 

so much effectively in one year to make sure they are not getting a bad product. 

Vice President Mills asked how much work would be done in-house as opposed to using outside 

contractors for street repairs. Mr. Merriman said they will try to have the crack sealing done in 

house and have been trying to catch up a little bit this fall. Most of the pavement work will be 

done as a contractual service because they can do it far cheaper and far better than staff because 

they have better equipment. The bigger the package they can present to the contractor in terms 

of the dollar amount, the more streets they will be able to resurface. 

Councilman Louderback thought he heard someone say it would cost $300 million to repair all 

the streets in Xenia. Mr. Merriman said in 2007 it was estimated to cost $30 million. Even if 

they had $3 million, it would be far too much for them to do all the street repairs in a year or two. 

Mr. Merriman said if Council has questions at the next budget work session regarding the 

organizational chart or other things, they can be covered at that time. He would like to now 

discuss the budget for personnel in preparation for the review with departments. 

Personnel Budget. Mr. Merriman said last year Council requested to see the distribution on the 

personnel budget. Previously, as Council looked at each department, they would only see a 

partial distribution of the wages for a lot of departments because many of those positions are 

distributed in the Water, Sewer, Street, General Fund, etc., to demonstrate their work load. The


key consideration is that the personnel budget does include all the public safety positions that 

were eliminated (6 firefighters and 6 police officers), but it does not include any of the other 

administrative positions. He then asked Mr. Duke to explain the personnel budget distribution. 

Mr. Duke noted Council also has a new authorized personnel list on one page in the back of the 

packet given to them tonight that provides a summary of what is in the budget. The changes 

include the 6 firefighter and 6 police officer positions that were added back; one Victim 

Advocate position has also been removed from the budget. Other than that, the number of 

employees should be the same as what Council had before. 

Mr. Duke noted there is a breakdown for employees that shows what is budgeted for salaries, 

benefits, and a distribution where each employee is charged. For instance, pages 8 and 9 of that 

document references the Finance Department. It shows what portion of each employee’s salary 

is charged to different departments. Each employee does not have overtime allocated to them; 

that is done separately because they do not know who will actually work the overtime. For the 

Finance Department, the column for ZZ overtime shows $1,087.96 total costs. Overtime is 

budgeted for each department, but no individual has overtime allocated to them specifically. 

Councilman Caupp noted under the Fire Division, the previous budget sheets showed 35 

positions and 7 vacancies, which equals 42 positions. The new sheet shows 44 positions and 1 

vacancy. Mr. Merriman thought the difference was the secretarial position that was not restored. 

Councilman Caupp said that would be 9 positions, but only 6 positions were added back. 

According to the sheet, Fire Lieutenants went from 3 to 6 on the new sheet. Mr. Duke said that 

was correct. Councilman Caupp noted firefighters/paramedics went from 27 to 33. Mr. Duke 

said that was incorrect; it should show 30 firefighters/paramedics; he will make that change. 

Vice President Mills said she had a question on vacancies in the Fire Division. She was not 

supportive of hiring the Deputy Fire Chief. She was not saying he does not play an important 

role, but she did not know Council ever voted to hire the Deputy Fire Chief when they approved 

the budget, and she never wants to make that mistake again. If Council approves the 2011 

budget, she asked if the Appointed Officials have the right to fill those vacancies, even though 

Council approved them as possibilities. Mr. Duke said no. His interpretation is if the position is 

listed as a vacancy, it indicates that position existed at some point, but it is currently not filled 

and there is no plan in the budget to fill it. Mr. Merriman said only positions listed as 

[temporary] full-time, part-time, and supplemental/seasonal may be filled. Vice President Mills 

asked if that was true. 

Mr. Lewis stated there is currently a hiring freeze, so Council would have to approve any hiring. 

Councilman Caupp agreed. Vice President Mills said that is fine, but “once bitten, twice shy” 

and she never wants to do that again. Mr. Lewis said unless the position was added in the budget 

on which Council is voting, then Council would have to vote to approve adding any new 

positions. Even if the position is still shown on the Organizational Chart, the Appointed 

Officials will have to ask for Council’s permission to hire. Mr. Merriman said the budget 

includes current staffing only. 

Councilman Louderback noted $504,955 in overtime is shown on page 30 of the budget sheets. 

Mr. Duke said overtime is not necessarily money staff is paid outside of their normal salary.


Overtime includes their holiday pay, pay for extra days off (EDO’s), and anything that is not the 

“R” code, such as vacation or sick pay, which are normal hours. Councilman Louderback said 

he understood that. He thought overtime for Police and Fire totaled $1.2 million. 

Councilman Miller thought overtime was shown separately for the Police and Fire Divisions. 

Mr. Bazelak said the $504,955 in overtime shown on page 30 is just for the Fire Division [cost 

center 1225]. Police Division overtime is shown under cost center 1221. Councilman 

Louderback clarified page 30 just shows overtime for the Fire Division. Mr. Bazelak said that 

was correct. Mr. Duke said additional components, such as Medicare, Pension/Social Security, 

Workers Compensation, should be added to the overtime costs of $504,955, which results in a 

total of $647,181.13 for ZZ Overtime under cost center code 1225 [Fire Division] in Fund 270. 

Councilman Louderback said he now understood. 

Councilman Caupp said if they know the actual costs of holiday/vacation pay that is included in 

the overtime figure, why not pull that out so they can see the actual overtime costs? Why have 

all that other stuff in the line item? Mr. Duke said there is not enough room for all those other 

codes on that particular sheet. Councilman Caupp asked if Council could get a sheet that shows 

just overtime costs. Mr. Duke said yes. He could generate a different report that shows what the 

overtime number is comprised of, so it will say what the code means, how many hours are 

budgeted for that code, and the costs. 

Councilman Louderback said regardless, these are all costs that come out of the city budget. 

Mr. Duke said that was correct. Mr. Lewis agreed that was the real cost. Councilman Caupp 

said he wanted to know what it costs the city in actual overtime. Mr. Bazelak clarified that 

Councilman Caupp wants to know how much they spend in the discretionary overtime, rather 

than the costs per the contract for holiday pay, etc. They can generate a report to show just the 

overtime separate for the other expenses. 

Mr. Duke said there are two discretionary codes. Code 7 is unscheduled overtime and then there 

is a comp time code. 

Mr. Merriman said the personnel budget sheets show how different salaries are broken out. For 

example, his position would include Water, Sewer, etc. He encouraged Council to look over the 

data and if they have questions, to please call for an explanation. Mr. Duke should be the first 

contact, but he or Mr. Bazelak can certainly provide some information also. 

Mr. Duke said he would try to do the overtime breakdown tomorrow and forward it to Council 

via e-mail. Councilman Caupp said there was no hurry. 

Councilman Louderback said since Issue 11 passed, he understood that supersedes the Union 

contracts. Mr. Lewis said that was correct. Since 72% of the budget is for the Police and Fire 

Division, Councilman Louderback asked if Council would have the authority to do a 

reorganization. Mr. Lewis said Issue 11 stated the City has the authority to hire part-time 

employees to fill any vacancies, which supersedes any contract language that limits the City 

from using part-time employees. 

Mr. Merriman asked Mr. Lewis if that would take effect with the current contract or with the 

new contract. Mr. Lewis said it takes effect now.


Councilman Caupp asked if they would have to fill a full-time firefighter vacancy with a fulltime 

employee if that employee left. Mr. Lewis said he would have to look at the contract, but 

he did not believe so. Councilman Caupp thought as long as they have 10 firefighters per shift 

that would be allowed. Mr. Lewis said there is a minimum manning requirement. 

Mr. Duke said the contract language states a union firefighter cannot be displaced. Councilman 

Caupp thought Issue 11 trumped that. Mr. Duke said it does not trump that the firefighter can be 

displaced; it just says they can be used for a manning requirement. Councilman Caupp said they 

would not be displacing the firefighter if he quits. Mr. Duke said that was true, but he believed 

they would get a grievance. Mr. Lewis said if someone leaves full-time employment with the 

City for another job, they would not be displacing them. 

Mr. Bazelak said the Charter Amendment states part-time employees can be used as part of any 

minimum manning requirement, whatever that may be. Part-time employees can be used to 

fulfill that requirement. As Mr. Duke said, with that other language in the contract, he would 

state that it superseded that as well as the existing language, but that would be challenged. 

Councilman Louderback said this is a big deal to him. Mr. Lewis agreed. Councilman 

Louderback said they have the opportunity to do some things that may not be the most popular 

thing, but may be good for the City. 

Mr. Lewis said if Council feels that this is a priority, he felt Council needs to direct Mr. Percival 

to make that his priority because it will take a lot of time and effort to make that happen. That 

certainly is the greatest place for the City to save money. 

Councilman Smith noted the police and firefighters salaries are identical on the budget sheets. 

He asked if that was because of the Union contracts. Mr. Merriman said yes; those employees 

have steps within their Union contract that max them out. Councilman Smith asked if employees 

start at a new plateau with each new contract. Mr. Merriman said essentially, yes, but on an 

individual basis they are subject to overtime, so their final take home pay will likely vary. 

Councilman Smith clarified the figures shown are their projected salary, but their actual salary 

will probably differ if they work additional hours. Mr. Merriman said that was correct. 

Budget Worksheets: Mr. Merriman referenced the budget fund summary sheet. It is important 

to note that the budget includes continuation of services at the current levels. As mentioned 

earlier by Mr. Bazelak, the revenues were done very conservatively to possibly have some 

reserve funds at the end of the year. All funds presented show a positive ending balance with the 

exception of the 253 Fund [Municipal Court Victim Fund], which they will discuss shortly. 

Some of the reauthorizations they normally list are included in this budget. Staff will provide a 

more comprehensive list of those reauthorizations at a later date after the end of 2010 when they 

know for certain what will need to be reauthorized. 

Mr. Bazelak said historically they discussed Key Operating Funds, which includes the General 

Fund, the State Gas and Vehicle License Fund (Street Fund), and the new Police and Fire Fund. 

Since passage of the Income Tax Levy and following discussions he had with Mr. Merriman, 

Mr. Percival, Mr. Duke, they felt it was important to look at the General Capital Improvement 

Fund as part of that Key Operating Fund component when they are looking at cash flow. They


developed the budget summary that now includes capital within the cash flow to determine 

whether they have a cash flow deficit or a positive cash flow. 

Mr. Bazelak said as earlier discussed with the transition to the new tax rate and conservative 

budgeting of that new revenue stream, they will still see a negative cash flow balance in what 

they call the Key Operating Funds. The bottom right hand corner of the sheet shows the - 

$826,138.39 (negative figure). Cash flow is revenues minus expenditures. When they look at 

operations and capital and debt service, they are projecting -$826,138.39. There is a negative 

balance in the 253 Fund. Historically, they budgeted transfers from the General Fund to cover 

the cost of that program. Including capital, they are looking at about a $900,000 cash flow 

deficit, which sounds worse than it actually is. 

Mr. Bazelak said they tend to budget very conservatively. Historically, they do not spend 5% to 

10% of what is in the budget, which is between $500,000 to $700,000. When you look at that 

$900,000 cash flow deficit, it also includes capital and debt service, which was never included 

before on a cash flow basis. His projection numbers that are historically based on what they 

spend and what they receive rather than the budget, which is basically the departments entering 

what they feel is needed in individual line items. He looks at the budget more comprehensively. 

He looks at the 3% to 4% spent over the previous year as well as other various assumptions to 

develop a projection model. They have budgeted very conservatively on the revenue stream 

coming in with the Income Tax. The budgeted expenditures are there, and historically they have 

been high compared to what the actual expenditures have been. When Council looks at all those 

components, his projection model shows more of an even cash flow. Even with being 

conservative and staying with the $1.6 million, he shows a $100,000 deficit rather than a 

$900,000 deficit, which is cash flow—not a cash balance. 

Mr. Bazelak said he thinks the budget is a lot more positive than what Council will see. One 

caveat is that they don’t know what decisions the State will make with regard to the Local 

Government Fund (LGF); however, they can anticipate some cuts in the LGF that are not 

reflected in the 2011 budget. No one knows how much money will be cut, but they should know 

after the State budget is presented in March, even though there will be further discussions before 

it goes into effect. There could be a $200,000 cut in that fund. Half of their LGF would be 

$600,000, and a quarter would be $300,000 of what they normally expect to get from the State. 

Mr. Bazelak estimated the cash flow for both Operating and Capital is in a very good place for 

2011, and will look better in 2012 and 2013, as hopefully the local economy improves. He just 

wanted to explain why there is a cash flow deficit of $800,000 to $900,000 even though the 

Income Tax Levy was just passed. 

Councilman Louderback asked when the income tax will start coming in. Mr. Bazelak said 

income tax starts coming in the end of January or February. Some accounts have monthly 

withholding and others have quarterly withholding. The new 2.25% tax rate begins in January, 

so the monthly withholding for January would be due by the end of February. Businesses would 

have to pay the new rate on the January wages that are paid, but would not need to remit that to 

the City until February, but some may remit it in late January. At the earliest they will start to 

see the new withholding in late January, but they will see more of that in February or March 

when they start to see withholding coming in at the new rate. Councilman Louderback asked if


the income tax rate was reflected in the 2011 budget. Mr. Bazelak said yes; it is reflected in the 

fact that they did not put the full $2.5 million in the budget. 

Councilman Louderback clarified the beginning balance in the Key Operating Funds is 

$3,159,840.81, but after the negative cash flow ($826,138.39), the ending balance is 

$2,333,704.09. Mr. Bazelak believed the beginning balance in the Key Operating Funds is about 

$2.8 million. The beginning balance in the General Fund is $690,196.50, the 221 Fund is 

$121,056.51, and the 270 Fund is $1,988,747.99. Mr. Duke noted the beginning balance in the 

361 Fund is also included. Mr. Bazelak said if the beginning balance in the 361 General Capital 

Fund of $359,840.48 is included, the ending balance would be $3,159,840.81. Mr. Merriman 

reiterated they just recently began adding considerations for the 361 Fund because funding for 

that has traditionally been reliant on Operating dollars. 

Mr. Merriman entertained further questions on the budget summary. None were presented. 

Mr. Merriman noted the Table of Contents was added this year to give them page numbers on all 

the different sections. Page 1 starts with the line item breakdowns by account and funding 

requests from all the departments. It is the same general format Council has seen in the past, but 

there is a key difference this year. The way the individual budget lines were constructed, there 

were a lot lines for very specific commodities or services. For example, there was a line item for 

batteries. The problem with doing it that way is that there are some types of batteries that only 

need to be replaced once every three years, and you are not sure in which year those batteries 

will need to be replaced. It gets extremely difficult to budget for some of those individual things. 

Mr. Merriman said over time within a series (personnel, materials, or contractual service fund 

series [2000, 3000, 4000, 5000 series]) they can transfer monies around. Departments would 

recycle their budgets, but if they did not have enough money in a particular line item, the 

understanding was they could transfer money from another line item in that series. Over the 

years, that has led to thousands of transfers, and for every transfer there is a paper trail and a 

series of signatures required, which has become an operational inefficiency he cannot even 

describe. They want to maintain the economy standards, but at a time when they need to be 

more efficient in our operations, improve how we structure the budget while allowing more 

flexibility within the departments, but still maintaining the accountability. 

Mr. Merriman said they looked at each series and condensed the number of total lines that were 

available for departments to budget in. Whereas before they might have had a line for oil, a line 

for lubricants, and a line for windshield wiper fluid, now those are condensed into one line. That 

allows more flexibility for the departments because they don’t have to guess how much wiper 

fluid they will use in one year. They still require the departments to explain the allocation of 

dollars in that line in the detail sheets. Council will basically see the same type of structure, but 

it is condensed in terms of the overall number of lines. 

Mr. Merriman referenced page 19, line item 101-1007-53290 – Other Contractual Services. In 

the past, they could look at the actual percent budget change and they would know year to year 

how much the budget changed in terms of the request. This year all those numbers will be 

skewed because a lot of those things were in different (separate) lines last year. They are not 

quite comparing apples to apples this year. Line item 101-1007-53290 at $4,400 shows five


specific detail lines where the money is projected to be spent. The important thing to remember 

when Council looks at the percent actual changes, it is not necessarily going to be comparing the 

exact same information as last year because they condensed the total number of lines into fewer 

lines and some items were added together that in the past were not. 

Mayor Bayless asked if Mr. Merriman dealt with the specific detail sheets. Mr. Merriman said 

yes, but that information will also be somewhat reflected in the detail sheets. Council will still 

be able to see that under line item 101-1007-53290, $600 was requested for Accurint Locator 

Service ($50/month minimum), whereas in the past, those things might have had their own line 

item. From a practical standpoint, this will make it easier for departments to be able to put the 

monies where they need it on a day-to-day basis instead of having to go through the paper 

transfer process, which is an accounting nightmare. 

Mr. Bazelak said the new process will also make it easier for departments at the end of the year 

when they discover they spent a lot less than what was budgeted. This year departments will just 

have to decide what they will need to have reauthorized overall for that line item, rather than 

having to decide on each item in multiple line items. 

Mr. Merriman said utilizing the new acquisition software will hold departments to a higher 

standard because they will not be allowed to spend dollars for items unless those dollars are 

actually available in that line item. The new process increases accountability, and Council will 

have a better sense of where those monies are budgeted. They will not have hundreds of 

thousands of transfers like they have had in the past. It will be a truer reflection of what folks are 

actually requesting, and to some extent, should force them to budget a little bit better than in the 

past. He then entertained comments from Mr. Duke. 

Mr. Duke said if Council does want to compare percentage changes or actual percentage of 

budget changes, instead of doing it by line item, a better place is to do it by series. Looking at 

the series will give Council a better idea of how that particular department’s budget has really 

changed. 

Councilman Louderback asked why some employees are paid from three or four different funds. 

Mr. Merriman noted that was discussed earlier under the Personnel budget. For example, his 

salary is split between four departments (General Fund, Water, Sewer, and Stormwater). Over 

the course of what he does in a year, it is not all based on General Fund Operations. He spends 

part of this time dealing with General Fund, Water, Sewer, and Stormwater issues. If everything 

was charged to the General Fund, they would see a significant increase in terms of necessary 

expenditures for the General Fund, even though a lot of what they are doing is dealing with water 

issues, sewer issues, and other funded issues. They take some of the user fees for those water 

and sewer services, and utilizing those to offset some of the wages required as part of the 

administration of those functions. 

Vice President Mills noted they can only use Water and Sewer Funds for specific things. This is 

a way they can stretch that usage by paying a portion of Mr. Merriman’s salary with it. 

Councilman Louderback asked how much money is in the Water and Sewer Fund balance – he 

believed it is about $1.5 million. Mr. Bazelak said there is more than $1.5 million left. 

Councilman Louderback asked who else has their salary split like that. Mr. Lewis said his salary


is distributed. Mr. Merriman said all the Appointed Officials and a large percentage of 

Administrative Staff have their salaries distributed, if on a regular basis they are actually doing 

something associated with those utility functions. 

Mr. Bazelak noted one issue raised during the election was that they cannot take police and fire 

salaries out of the Water and Sewer Funds. However, part of Mr. Merriman’s responsibility is to 

administer the Public Service Department. Part of his own salary is charged to the Water and 

Sewer Funds because he is directly responsible for the Utility Department. Councilman 

Louderback asked if that applied to management personnel. Mr. Bazelak said it primarily 

applies to administrative personnel. 

Mayor Bayless clarified the personnel budget shows how everyone’s salary is charged against 

which fund. Mr. Merriman said that was correct. Mr. Duke said the personnel budget does not 

show the actual costs; it shows the budgeted costs. 

Mr. Merriman said if Council has any questions after reviewing it, please call them. They 

already sat down with Councilman Caupp to explain what to expect. He would encourage any 

members of Council to do the same thing before they actually get into the budget discussions. 

They will take as much time as necessary to explain the budget. 

In response to Councilman Louderback’s question, Mr. Bazelak said as of November, the Water 

Operations and the Capital Fund each had about $1.7 million for a total of $3.4 million; Sewer 

Operations had $2.6 million and the Capital Fund had about $800,000 for a total of $3.4 million; 

Sanitation Operations had about $1 million and the Capital Fund had about $700,000. 

Councilman Louderback said he always combines the Water and Sewer Fund. Mr. Bazelak said 

the Water and Sewer Funds each have about $3.4 million. 

Mr. Bazelak said they are going to recommend that water, sewer, sanitation, or stormwater rates 

are NOT increased in 2011, based on what the rate model shows. 

Councilman Louderback asked when those rates were last increased. Mr. Merriman said sewer 

and stormwater rates were increased in 2010, but water rates were not increased. They will 

present a recommendation to amend the fee schedule at the first Council meeting in January to 

take effect in February. 

Vice President Mills asked if Council would be given an agenda on which departments would be 

presenting at each work session. Mr. Merriman said yes. They will let Council know which 

departments will be discussed at each work session so Council will be prepared to ask questions. 

Mr. Merriman respectfully requested that Council schedule the next budget work session prior to 

the first regular session in January. They want Department Heads and Council to know in 

advance what they will cover. Last year at this time, they already had three work sessions by this 

point; however, with the levy issue, those were delayed. 

Vice President Mills noted the first regular session is January 13 th . After a brief discussion 

Council agreed to meet in special session on Saturday, January 8 th at 9 a.m.


Resolution for Personal Time for Non-Union Employees: Mr. Bazelak said the non-union 

group presented a request to the Appointed Officials to ask Council to consider increasing their 

number of personal days. There has been a lot of discussion in regard to the benefit package for 

union versus non-union employees, and what has transpired over the last few years. Earlier this 

year when they went through the layoff process with Police and Fire personnel, it opened up the 

Police contract. As part of that negotiation process, Council approved some additional hours for 

those union groups. The non-union group wanted the Appointed Officials to present a 

Resolution to Council to increase their number of personal days to add 56 hours to be utilized 

over the next two years. He believed Vice President Mills had a Resolution they would like 

Council to consider. 

Mr. Bazelak noted Mr. Merriman, Mr. Duke, Mr. Percival, and he have had some discussions 

about wage compensation. They have a chart to share after the meeting showing what the Police, 

Fire, and other union groups have received versus the non-union group over the last few years. 

To him, there is a serious equity issue. They are currently working on a wage package that they 

will present to Council later. After sharing some of the budget figures for 2011 today, they are 

extremely mindful of the budget, but they feel there is a serious equity issue here that they would 

like Council to address, but they are still in preliminary discussions on the wage package. 

However, in an effort to show non-union employees good faith, they are requesting the Council 

consider passing the Resolution to increase personal days. 

Councilman Louderback asked if there were 60 non-union employees. Mr. Duke said he was not 

sure of the exact number, but if they are including the Municipal Court employees then that was 

close. 

Councilman Miller said he did not have any problem with the Resolution since increasing the 

personal days will not really cost the City any money. He felt Council should take a vote now. 

Councilman Caupp asked if the personal days were temporary based on whether non-union 

employees receive a wage increase down the road, and if so, would those days be taken away. 

Vice President Mills felt Council needed to know the details before voting on the Resolution. 

Mr. Bazelak said the Resolution would say the 56 personal hours could be utilized over a two 

year period. Depending on when and if they are able to bring the wage adjustment issue to 

Council for non-union employees, somebody could have already used their 56 hours in that 

timeframe, which would not be fair to somebody who did not use them. 

Councilman Caupp said the 56 hours could be used from January 2011 through December 2012, 

but by January 1, 2013 they would no longer be available. Mr. Bazelak said if employees do not 

use the 56 hours within the two-year timeframe they will go away. Mr. Lewis noted the 56 

personal hours are also not paid out at retirement or at the end of the year. Councilman Caupp 

asked if employees would be receiving this benefit every year. Mr. Bazelak said no, which is 

why they are asking for a resolution for this one-time event, not an adjustment to the benefit 

manual. The Human Resource Manager was very specific that they do not want to change the 

benefit manual, but that this is just a temporary issue to address some of the inequity. 

Councilman Caupp said that answered his question. Vice President Mills said that also answered 

her question.


Vice President Mills entertained further questions. 

Councilman Louderback asked Mr. Lewis if Council could vote on the Resolution now. 

Mr. Lewis said absolutely. Vice President Mills said she just wanted to make sure everyone had 

as opportunity to ask questions before they move forward. 

Councilman Louderback presented a RESOLUTION PROVIDING FULL-TIME, NON- 

UNION EMPLOYEES ADDITIONAL PERSONAL LEAVE TIME AND DECLARING 

AN EMERGENCY. 

Motion by Councilman Louderback, seconded by Councilman Caupp, that the rules requiring the 



Mayor Bayless asked that the motion be restated. Mr. Bazelak clarified they are asking for 

passage of a Resolution as an emergency for the purpose of providing non-union personnel with 

an additional benefit of 56 personal hours to be utilized between January 1, 2011, and 

December 15, 2012. 




Motion by Councilman Louderback, seconded by Councilman Caupp, that Resolution Number 

10-GG be now passed. No discussion followed. The Roll on this was the following: 



Councilman Louderback asked when the Resolution would take effect. Mr. Bazelak said the 

Resolution would take effect January 1, 2011. 

Municipal Court Victim Witness Fund 253: As mentioned earlier, there is one fund in the 

budget summary that currently shows a deficit, which is Fund 253. Over the past few years, 

Council has approved budgets that subsidize that fund in varying amounts through transfers from 

the General Fund. In an interesting consequence of the times, grants for the Victim Witness 

Fund have run out and were not renewed, so the deficit is significantly higher than it has been 

($130,000). He noted Mr. Duke mentioned there was a reduction of one position in that 

department and with that position being eliminated from the department, there is still an $80,000 

deficit. At the next meeting, Council will see an $80,000 transfer from the General Fund to the 

253 Fund so that they meet the obligation to have those funds balanced. Essentially they wanted 

to open that up for discussion and make Council aware that is their intention and what will be 

reflected in the temporary budget unless Council gives them a consensus otherwise. 

Mr. Lewis said the Victim Assistance Program (VAP) lost three grants. One grant was for 

$40,000, one was for $53,000, and one grant was for $23,000. Two of the grants were lost, 

because they were set to expire. They were Stimulus grants and they knew they would not be


reinitiated. The State budget eliminated the $40,000 Ohio Criminal Justice Grant, which was a 

surprise. Other factors have also come into play. They used to actually run a surplus because the 

Xenia Municipal Court kept a separate Court Fund, and they had a balance in that fund of over 

$100,000 at one point. Because of accounting reasons, they were told they could not keep that 

fund, so that money was disbursed. Then the Court Administration changed. They used to get 

$6.00 a case from Court costs to help fund the department. Even before Judge Goldie left, she 

had cut it back to $5.00 to help the Xenia Municipal Court budget, and Judge Murry cut it back 

to $3.00 per case, so essentially their budget was cut in half. The money they used to receive 

from Court costs went from about $73,000 to $40,000 a year, which also hurt them. 

Mr. Lewis said the Ohio Supreme Court also changed the way court costs can be charged. For 

example, when someone is arrested for operating a motor vehicle under the influence, very rarely 

is there only one charge associated with that arrest. Usually there is a speeding, a driving under 

suspension, and a DUI charge. Any one of those charges can theoretically stand on their own. If 

one of those charges is dismissed, the others would still be in effect. Courts used to charge court 

costs for each charge because the Court still has to process and prosecute that charge. However, 

the Ohio Supreme Court said Courts could not do that; they can only charge one court cost for 

each event. It does not matter if there are 20 charges; Courts can only charge one court cost. 

The ramification for the City has been a substantial loss of revenue from those court costs. 

Between losing those grants, how they now collect Court costs, and the XMC reducing the 

amount of money they get from $6.00 a case to $3.00 a case, they have a deficit, which he thinks 

is about $74,000 because there was a $5,000 one-time payment for CourtView that they won’t 

have the following year. He thought last year the City subsidized the fund by $45,000 and they 

ended up fine, which will leave them with a deficit of about $27,000 to $28,000. 

Mr. Lewis said they already cut one position that was completely funded by grants. The 

employee knew this was coming and prepared for it, and she will be better off. She is a Gulf 

War Veteran and discovered the Veterans Administration will pay for her to finish college and 

pay the difference between what her salary was and what she receives for unemployment. The 

employee has about 18 months left to finish her degree and she will be able to do that and make 

the same salary while she is doing it, so she will be fine. Three employees are left in that 

department. There is no way that department can function without at least two employees. One 

person is on call 24/7 (from 5 p.m. to 8 a.m.) who answers calls from police officers after hours. 

Years ago that responsibility for being on call 24/7 was shared between two employees. That is 

fine, but they accrue comp time while doing that, so there are hours the City eventually pays out 

and/or lose by them doing that. The current 24-hour employee makes $19,000 a year with their 

salary and Worker's Compensation benefits, which is another position they can probably 

eliminate, but it will not be a true savings of $19,000 a year; about half of that money will come 

back. 

Councilman Louderback clarified there are currently three employees working in the Victim 

Assistance program. Mr. Lewis said that was correct. Two employees work during the day and 

one employee is on call 24/7 from 5 p.m. to 8 a.m. 

Councilman Louderback asked Mr. Lewis to briefly explain what the Victim Assistance program 

employees do. Mr. Lewis said those employees represent victims of violent misdemeanor crimes 

from the time police get a call until the case is closed. Councilman Louderback asked if the


employees are attorneys. Mr. Lewis said no. When police arrive on the scene of a crime they 

will take witness statements, make an arrest, etc. The police offer then calls the Victim 

Assistance Advocate to refer the victim to them. The Victim Assistance program provides the 

following services: 

• Court advocacy and escort during all stages of the criminal justice process; 

• Assistance in requesting protection orders, preparing and presenting victim impact 

statements, and notification of crime victim rights; 

• Victim representation in certain court proceedings upon request of the victim; 

• 24-hour crisis response; 

• Complete the subpoenas on cases involving domestic violence to make sure the people 

they need for those cases are subpoenaed to come to Court. 

• Notification and explanation of court dates and times and information about the criminal 

justice process because many of the victims have never been through the Court process; 

• Appropriate referrals to social service agencies. 

Mr. Lewis explained that each case that comes through the Court is different. At the 

arraignment, the defendant will enter a guilty, not guilty, or no contest plea. If the defendant 

pleads not guilty, the case will be scheduled for either a trial or a pre-trial (a meeting between the 

defendant or his/her attorney and the prosecutor). The Victim Assistance advocate is present 

during the pre-trial to tell him and the attorney what the victim would like to happen. For 

example, the victim may not request jail time for the defendant, but due to a perceived drug and 

alcohol problem, she would like him to attend a batterer’s group. The advocate does the same 

thing with the Judge. If the defendant pleads no contest or guilty, the case will normally end and 

the defendant will be sentenced. If this happens, by Ohio Law, the victim has the right to make a 

victim impact statement, which is a statement letting the Court know how the crime has affected 

them emotionally, physically, and financially. An advocate can assist the victim in preparing 

that victim impact statement. If the victim cannot attend the arraignment or does not wish to 

attend, an advocate can make statements on their behalf. The advocate may tell the Court that 

the victim has not asked them to do this, but they feel the Court needs to be aware of the 

defendant’s criminal history and they will share that criminal history. 

Mr. Lewis said if the case goes to trial, the advocate will continue to let the victim know the 

dates and times of those trial dates. When they bring in the defendant and the witnesses, the 

advocate is involved in the witness and defendant trail. The advocate sits down with him and the 

witnesses to prepare them for trial. The advocate stays with the witnesses during the trial 

process so they do not back out. If the advocates were not doing what they do, he would have to 

hire someone to do it because he can only be in so many places at one time. The advocates are 

busy and there is no question that two employees are definitely required. The only position they 

might be able to eliminate is the on-call person, but it will not be a dollar for dollar savings 

because there will be comp time for the remaining two employees. 

Councilman Louderback said he assumed Mr. Lewis supported this program. Mr. Lewis said 

absolutely. Even if they did not have employees working as Victim Witness advocates, he 

would have to hire additional staff to go into the courtroom. Councilman Louderback clarified it 

would cost less than $80,000 for the three employees.


Councilman Louderback asked what Mr. Merriman was asking of Council. Mr. Merriman said 

they are not asking for any specific action. They just wanted Council to be aware that at the next 

Council meeting, a transfer will appear in the temporary budget to cover the projected deficit that 

is much higher than in past years due to the loss of the grants. 

Mr. Lewis said the advocate also provides assistance to the victim in applying for financial 

compensation under the Ohio Victims of Crime Compensation Program. Even if it was not a 

violent crime, but a property damage crime, or criminal damaging was involved, they help the 

victim gather receipts, etc., that are then presented to the Court. 

Councilman Louderback asked if there was the possibility of any new grants. Mr. Lewis said 

VAP Director Wendy Hoff has been great at getting grants in the past. They met today for over 

an hour, but she was not aware of any new grants on the horizon. Until the dust clears with the 

new Governor’s administration, they will probably not see any new grants. 

Mayor Bayless asked how long the Victim Assistance Program had been in effect. Mr. Lewis 

said the court funded program was implemented in 1986 or 1987, and it was the second program 

in the State to be court funded through court costs. 

Councilman Louderback asked why the Judge reduced the amount of money the program gets 

from $6.00 a case to $3.00 a case. Mr. Lewis said it is the same pot of money. If the program 

was funded through the General Fund and not through the XMC, the City would reflect the 

$80,000 deficit in the General Fund rather than the Court showing the deficit. Mr. Bazelak said 

court costs go to 253 Fund and also to the XMC’s General Capital Improvement Fund. 

Mr. Lewis noted Judge Murry fully supports the program. 

Vice President Mills thanked staff for the overview. 









7:00 p.m. 

The Xenia City Council met in a Regular Session on December 9, 2010, at 7:02 p.m., in the City 


Dale Louderback, William R. Miller, Wesley Smith, and Marsha J. Bayless. 


INVOCATION: Dr. Jim Usher, The Open Door Community Christian Prayer Place, gave the 



Smith, to approve the November 23, 2010, Executive/Regular Session minutes as written. No 


Ayes: Caupp, Louderback, Smith, Bayless, and Mills 



AUDIENCE COMMENTS: Vice President Mills explained the procedures for audience 

comments and invited anyone who wished to speak to come forward. No one came forward to 

speak. 


Traffic Commission: Councilman Smith said the XTC met on December 6 th and 

discussed the following: 

• The XTC made a decision to not re-erect the traffic signal at the intersection of Third 

Street and S. Detroit Street, which was a citizen’s request. It was determined that the 

signal did not meet warrants, which was why it was originally removed. City staff does 

not support erecting signals when warrants are not met. Because it is well-known in 

traffic engineering circles that signals (vs. STOP signs) result in more accidents, an 

unwarranted signal could result in potential liability to the City. 

• Request from Warner Middle School Principal Peg McAtee. The XTC decided to erect 

“School Crossing” signs on the east side of W. Second Street and on Rockwell Drive 

with restricted hours posted, and to also erect “Pedestrians Use Crosswalk” signs on both 

sides of Rockwell Drive. 

• It should be noted that “Deaf Child Area” signs were erected on Rockwell Drive between 

W. Second Street to Warner Middle School in response to a resident’s request. 

Councilman Caupp noted the City Engineer is present tonight. Last year when he chaired the 

Traffic Commission, the timing of the traffic lights was a big issue. He felt there were still some 

traffic lights with delay issues. He sat at the light at Second Street and South Detroit Street for a 

long time, and there were no other cars in the intersection. Mr. Lewis said today a lady was in


Court complaining about the light at Church and Detroit Streets. She eventually ran the red light 

because according to the time on her cell phone, she sat there for a long time. She stated she was 

the only car at the intersection, which she thought was the problem, because there were no other 

cars to trip the signal. Councilman Caupp agreed the timing of the light at intersection is also an 

issue sometimes. Councilman Caupp requested that the City Engineer take a look at those two 

signals. Mr. Berger agreed to do so. 


meeting in November. 

Board of Zoning Appeals: Mayor Bayless said BZA met on November 22 nd and 

unanimously approved a conditional use at 287 Cincinnati Avenue. [Request to use an existing 

vacant church building for an out-patient counseling and school facility.] 

ITEMS FROM CITY COUNCIL AND MAYOR: Councilman Miller said as most of you 

know he has been on Council for a very long time and has a fairly good track record of being in 

attendance. The last time someone questioned it, according to a reporter, over the last ten years 

he has had an attendance record of over 83%. He has missed several meetings over the last few 

months due to his father’s illness. His father passed away last month, which is why he has not 

been at the meetings. He appreciated everyone’s kind words and thanked those who attended his 

father’s service. His father will be sorely missed. His death has been rough on his Mom and the 

rest of his family, especially because it is the holiday season. He appreciated Council excusing 

him from those meetings when he needed to be with his family. Vice President Mills offered 

condolences to Councilman Miller and his family. 

Vice President Mills read a letter of resignation from President Felton. 

Dear Citizens of Xenia and City Staff: 

It has been my personal honor to serve the City of Xenia for nearly 20 years. It is with great 

regret that I resign from City Council effective immediately. Having served as Mayor, President of 

Council, Vice President, and Council Member, it has been my privilege to work side by side with many 

dedicated individuals. Together we have accomplished a lot for our City. 

This year has been a long and difficult year. I have always believed I would serve as long as my 

health allowed me to give my best effort. At this time, I am unable to perform all duties and attend all 

meetings required of me. I step aside only to allow someone younger and more energetic to serve. I am 

not dying! I will be watching Thursday night Council meetings from the comfort of my couch, and I will 

cheer you on! 

I sincerely thank each and every one of you who voted for me, supported me, or even argued 

important issues with me. I wish you and your families a Merry Christmas and blessed New Year! 

Sincerely, Patricia Felton 

Vice President Mills said they will miss President Felton very much. She is sure President 

Felton is watching them tonight, and was sure if Council does something she finds objectionable, 

they will probably be hearing from her shortly. She thanked President Felton for her 20 years of 

service. Many employees have worked for the City for 20 years, but that was their career. This 

lady has worked 20 years for this City, because this City has supported her and wanted her to be 

here. President Felton gave of her time, which was her career, and they appreciate it.


Councilman Louderback said it has been a pleasure working with President Felton, and he knows 

the heart of the City is her #1 priority. Years ago she only made $150 a year [as Mayor or a 

Council member]. It is not about money—it is about dedication. He wished President Felton the 

best of luck. Vice President Mills felt all Council members agree with that. 


REPORTS OF CITY OFFICES: On behalf of the City Manager, Assistant City Manager 

Brent Merriman thanked President Felton for her service to the City. She has certainly schooled 

him during the time he has been with the City and has kept him honest. He thanked President 

Felton and wished her the best. They will be looking to her as a resource in the future as well. 


Ordinance adopting the revised Flood Insurance Rate Maps and amending §1228.05 

Basis for Establishing the Areas of Special Flood Hazard of Chapter 1228 Flood Damage 

Reduction of Title Two: Planning. Mr. Merriman respectfully requested that Council 

introduce an Ordinance to adopt the revised Flood Insurance Rate Maps effective March 17, 

2011, and amend §1228.05 Basis for Establishing the Areas of Special Flood Hazard of Chapter 

1228: Flood Damage Reduction of Title Two: Planning to incorporate the Revised Flood 

Insurance Study and Rate Maps to become effective March 17, 2011. 

Mr. Merriman said the City of Xenia participates in the National Flood Insurance Program. As 

part of that effort, the Federal Emergency Management Agency who oversees these functions, 

periodically studies and reassesses the boundaries of the 100 year floodplain. The requested 

actions tonight would adopt the local changes represented in the new maps and make them 

applicable effective March 17, 2011. The City Engineer, Chris Berger, has traditionally 

overseen the local effort with FEMA, and he is present tonight if Council has questions. 

Vice President Mills asked if property owners are notified if they live in a floodplain, and if not, 

how they can find out if their property is located in a floodplain. Mr. Berger said their mortgage 

company will notify property owners if they live in a floodplain. This process was started in 

2008. In early 2009, they were notified when the preliminary maps came out, and they were 

given a spreadsheet about the properties that either used to be in the floodplain and will no 

longer be in the floodplain or those properties that were not originally in the floodplain but now 

are, and they notified both parties. There was no need to notify residents whose status had not 

changed either way. There was a well attended public meeting at the Greene County Library in 

March 2009, and folks were able to ask questions. 

Councilman Caupp said residents can also find out if their property is in the floodplain by getting 

on Greene County’s GIS. Mr. Berger said the GIS is a good resource if the property is clearly 

not close to the floodplain. However, if your property is close to the line on the map, typically 

they hire an engineer to do a survey and get an elevation certification to validate whether or not 

the property is in a floodplain. 

Councilman Louderback introduced an ORDINANCE ADOPTING THE REVISED FLOOD 

INSURANCE RATE MAPS EFFECTIVE MARCH 17, 2011, AND AMENDING §1228.05 

BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD OF CHAPTER


1228: FLOOD DAMAGE REDUCTION OF TITLE TWO: PLANNING OF THE CITY OF 

XENIA’S CODIFIED ORDINANCES, and it was read for the first time. 

Award of Bid for Gasoline and Diesel Fuel for 2011, 2012 and 2013. Mr. Merriman 

respectfully requested that Council entertain two motions: 

Motion 1. Award the bid and establish a vendors list for gasoline and diesel fuel to include the following 

vendors: Petroleum Traders of Fort Wayne, Indiana; R.D. Holder Oil Company of Springfield, Ohio; 

Hartley Oil Company of Jamestown, Ohio; Earhart Petroleum of Troy, Ohio; and Trupoint Cooperation 

of Xenia, Ohio for the years 2011, 2012, and 2013 with the purchase being made from the vendor with the 

lowest price at the time supplies are needed. 

Motion 2. Reject the alternate bid from Petroleum Traders of Fort Wayne, Indiana as not meeting 

specifications. 

Motion by Councilman Miller, seconded by Councilman Caupp, to award the bid and establish a 

vendors list for gasoline and diesel fuel to include the following vendors: Petroleum Traders of 

Fort Wayne, Indiana; R.D. Holder Oil Company of Springfield, Ohio; Hartley Oil Company of 

Jamestown, Ohio; Earhart Petroleum of Troy, Ohio; and Trupoint Cooperation of Xenia, Ohio 

for the years 2011, 2012, and 2013 with the purchase being made from the vendor with the 

lowest price at the time supplies are needed. Brief comment followed. Councilman Miller asked 

if the two actions requested could be passed as one motion to cover all the fuel contracts. 

Mr. Lewis said no because one of the motions is to reject an alternate bid. The Roll on this was 




Motion by Councilman Miller, seconded by Mayor Bayless, to reject the alternate bid from 

Petroleum Traders of Fort Wayne, Indiana as not meeting specifications. No discussion 




Items for the City Manager: Mr. Merriman reminded residents that there will be no 

change in trash collection days for the Christmas and New Year’s holidays because they both fall 

on a Saturday. 

Finance Director’s Office: Mr. Bazelak said he felt this community and this City will 

miss a true champion of this community with the resignation of President Pat Felton. She will be 

sorely missed. There is no one who cares more about the future of this community, and he trusts 

that she knows the work she has done made it that much better, and that better days are ahead for 

this community. On behalf of the Finance Department and his staff, he thanked her for always 

being very supportive of the Finance Department members over the vast amount of time she 

spent in elected office. 

Amendment to the Income Tax Rules and Regulations as they relate to the 2011 tax 

rate and non-resident, active duty military spouses. Mr. Bazelak respectfully requested that 

Council make a motion to amend sections of the Income Tax Rules and Regulations to increase


the tax rate to 2.25% effective January 1, 2011, and to make wages of non-resident, active duty 

military spouses non-taxable if the non-resident spouse is only in the area accompanying an 

active duty service member on military assignment. This exemption is per federal law via 

passage of The Soldiers and Sailors Relief Act (SSCRA) in November 2009. For example, if an 

active duty service member moved here and was stationed at Wright-Patterson Air Force Base, 

and their spouse accompanied them and had a job in Xenia, their income would be non-taxable 

and they would not have to file a City of Xenia Income Tax return because they could claim a 

domicile in the state they left. 

Motion by Councilman Louderback, seconded by Councilman Miller, to amend sections of the 

Income Tax Rules and Regulations to increase the tax rate to 2.25% effective January 1, 2011, 

and to make wages of non-resident, active duty military spouses non-taxable if the non-resident 

spouse is only in the area accompanying an active duty service member on military assignment. 




Amendment to the Utility Billing Rules and Regulations as they relate to accounts 

with connected service lines or multiple inside water meters. Mr. Bazelak said there are 100 

accounts where there is a single water line that serves multiple meters. There are some instances 

where those meters are located inside the building, and the only way to disconnect the service if 

there is a delinquency is to disconnect it at the curb stop. When that single line serves multiple 

meters and there is one delinquent account, there might be an issue when service is disconnected 

at the curb stop because it will affect residents who paid their utility bill. For those 100 accounts 

out of 10,792 accounts with water meters on our system, he requested that utility service be 

required to be in the property owner’s name. If the property owner desires to not have the utility 

service in their name, they can they contact the Public Service Division if they wish to move the 

water meter outside at a minimal cost. The reason that does not happen sometimes is because the 

plumbing cost to install the new line is significant. In order to avert situations where people are 

affected needlessly, he requested that the utility bill for the 100 accounts be in the property 

owner’s name. 

Motion by Mayor Bayless, seconded by Councilman Miller, to amend the Utility Billing Rules 

and Regulations to require property owners with properties with multiple buildings and a single 

water line and curb stop or properties with multiple inside meters and a single curb stop to have 

the account in the name of the property owner. Discussion followed. 

Councilman Louderback asked Mr. Merriman if he knew what it would cost a property owner to 

move their meter from the inside to the outside. Mr. Merriman said no, but he could get a price. 

However, moving the meter outside is less of an issue than the plumbing necessary to provide 

that separation of utility services. That cost would be the property owner’s responsibility, which 

is why that is not typically seen. 

Councilman Caupp asked how many property owners they are discussing. Mr. Bazelak said of 

the 10,792 accounts, there are 1,217 with inside meters, and of that, 100 accounts are a problem. 

Councilman Caupp asked how many property owners would be affected because some may have 

20 accounts. Mr. Bazelak said he did not know exactly how many property owners would be


affected. Councilman Caupp asked if the 100 accounts are mostly for apartment buildings. 

Mr. Bazelak said it could be a water line that goes into a single building, a duplex, or an 

apartment complex. Of the 100 accounts, he was not sure how many property owners have 

multiple accounts, but offered to provide a list of those property owners to Council. He noted if 

Council approves the change, it will not be implemented until July 1, 2011, to give them time to 

notify the property owners to see if they desire to move the service line outside rather than 

having the utility service placed in their name. 

Councilman Caupp thought most of this came up eight or nine months ago. Mr. Bazelak said 

eight or nine months ago, they discussed placing all utility services in the property owner’s 

name. However, eight or nine months ago they decided to move forward with the initiation fee 

to lower costs in their office relative to rental properties. In this situation, there are 100 meters 

that are served by only one curb stop and it becomes a difficult situation to address because (a) 

staff often cannot get inside the property to turn off the meter; (b) even if staff could get inside, 

due to access to the meter, the renter/property owner can turn the utilities back on. Staff has to 

send certified letters to the various individuals who would be affected by the shut off basically 

saying “Sorry for your luck, but your neighbor is not paying their bill; therefore, we have to shut 

off the meter at the curb stop to enforce payment.” Councilman Caupp asked if that had been 

done. Mr. Bazelak said yes. Mr. Lewis said they have no choice because they cannot leave the 

meter on and continue to lose money, which is unfortunate because it affects everyone in the 

building. 

Councilman Miller said he had one question regarding sewer and water. He asked if the City 

still offers property owners the ability to put in a secondary meter for watering the lawn. 

Mr. Merriman said yes. Councilman Miller asked how much it would cost to install a secondary 

meter. Mr. Merriman said that is an item they will be bringing to Council at a later date with 

adjustments to the ordinance. They will be asking Council to increase the fee for that installation 

from $43, which does not even begin to cover the cost of the meter, much less what staff has to 

do to install the meter to ensure the backflow prevention system is in place so that it protects the 

water system. It is still an option, but staff will recommend to Council that the fee amount 

increase so that other people are not subsidizing a property owner who wants a secondary meter 

to lower their own bill. 

Councilman Smith said he raised an issue at other work sessions in the past, but it keeps getting 

shot down. When residential or commercial customers call DP&L, they are required to put down 

a deposit, and your credit worthiness is not even a consideration. If you purchase or lease a car, 

you have to put down a deposit. For some reason, the City is adamant about not collecting a 

deposit for water service. He felt they were missing a valuable opportunity to recoup some of 

our losses, even if customers are required to pay one month in advance. The deposit can be held 

and released after the 13 th month. Since the City is getting ripped off by people who do not pay 

their utility bills, at least they could recover the cost of one month of their bill if they are three to 

six months behind in payments before their utilities are disconnected. He would like to see the 

City pursue that. 

Mr. Bazelak said they did look at the deposit issue. They used to require a deposit and are 

willing to do that again, but there are administrative costs associated with handling those 

deposits. They explained to Council that they would need to hire an additional person to handle 

that activity. At that time and currently, the City is under a hiring freeze and Council did not


want to go forward with hiring another person to handle the deposit program. That is when they 

went forward with the $50 new account initiation fee, which allowed them to purchase 

technology to help out in the office to address those accounts. As part of that fee, they have been 

able to defer some of the costs to the utility system. One of the reasons they are recommending 

to Council that they not have any water, sewer, sanitation, or stormwater rate increases this year 

is because they used some of those funds not used for technology to offset the cost of those 

services. It is not that they are not willing to do a deposit program, but there is an additional cost 

administratively to handle that, and Council did not want to do any additional hiring at that time. 




Emergency Ordinance waiving competitive bidding and authorizing the Finance 

Director to employ the services of The Neil Group for a Payment Gateway and Internet 

Merchant Account. Mr. Bazelak noted we currently use Authorize.net and Elavon to do our online 

utility billing payment process. At a recent software conference, A/R Manager Diana Steck, 

met with a representative from The Neil Group. Other cities at the conference are using The Neil 

Group for electronic payment processing, and they were very happy with the service and the 

price. Quotes were solicited from The Neil Group, and they were surprised and happy to learn 

that they were able to save some significant dollars in costs for that process. 

Mr. Bazelak respectfully requested that Council pass an emergency Ordinance and waive 

competitive bidding to allow us to begin using The Neil Group as our Internet Merchant Account 

and Payment Gateway for on-line credit card payments and electronic-checks based on the 

reduced cost quote provided and their excellent references from other cities. The anticipate 

savings in a yearly period is estimated to be around $6,000. Emergency passage of the 

Ordinance will allow them to notify our existing provider that they desire to switch providers and 

to realize the cost savings as soon as possible. 

Councilman Caupp presented an ORDINANCE AUTHORIZING THE FINANCE DIRECTOR 

TO EMPLOY THE SERVICES OF THE NEIL GROUP FOR AN INTERNET MERCHANT 

ACCOUNT AND PAYMENT GATEWAY WITHOUT FORMAL COMPETITIVE BIDDING, 




placed at once upon its passage. Brief comment followed. Vice President Mills said she was 

very proud of the Finance Department for again trying to save the City money. According to the 

agenda report, there will be a potential savings of $6,911.50. There is a $195 fee for early 

termination, but she felt that was money well spent in order to save thousands of dollars. The 





be now passed. No discussion followed. The Roll on this was the following:





Motion by Councilman Miller, seconded by Councilman Louderback, to approve payment of 

bills totaling $461,570.79. Brief comments followed. 

 

 

Councilman Louderback commended City staff for keeping most of our money in Xenia. Vice 

President Mills agreed – job well done. 

Mayor Bayless noted the new entrance welcome sign at Main Street and Progress Drive was paid 

with grant funds, and it really looks nice. Vice President Mills agreed. 








ORDINANCE AMENDING SECTION 298.01 OF PART TWO - ADMINISTRATION CODE, 

TITLE TWELVE: FEES, CHAPTER 298 OF THE CODIFIED ORDINANCES OF THE CITY 

OF XENIA TO CHANGE THE DEBT COLLECTION FEE TO 30% OF THE DEBT FOR 

DELINQUENT INCOME TAX ACCOUNTS AND DELINQUENT INACTIVE UTILITY 

ACCOUNTS SENT TO A COLLECTION AGENCY, and it was read for the second time. 





Items for the Law Director: Mr. Lewis said President Felton will be missed. She 

certainly always had the concerns of the citizens of Xenia and the City itself at heart. He does 

not think anyone understands the budget as well as she does or holds everybody to it as well as 

she does. Her vast knowledge of how the City operates and the citizenry itself will be missed. 

Now maybe in her retirement she will have time to open that restaurant they discussed on a few 

occasions. 

READING OF COMMUNICATIONS AND DISCUSSION: Councilman Miller said he has a 

project for a Boy Scout who is going for their Eagle Scout badge. He would like them to contact 

him at the City offices or through his e-mail: bmiller@ci.xenia.oh.us. Besides losing his father 

last week, a World War II veteran, we also lost a Marine in a city northeast of Cincinnati, Lance 

Corporal Luke Scott in Afghanistan. We are still losing our service personnel. Whether you


agree with the war or not, the people fighting the war are fighting it for you, the Constitution, 

and the Bill of Rights that he holds dear to his heart, but some people abuse it. He would 

appreciate people doing anything they can for veterans. Yesterday, he ripped up some old 

carpeting in his house and underneath the carpet was old cardboard, and underneath the 

cardboard were some papers from April 13, 1932, that were used to level the floor. According to 

the old political cartoons in 1932, which was during the Great Depression, the same things 

happening politically now were happening then. Our government has not corrected anything 

since 1932. They are doing the exact same thing they did then as they are doing now. They have 

not learned from their mistakes, and he does not understand why. History repeats itself if you do 

not learn from your mistakes. As a small business owner, it is extremely frustrating to him to see 

the same thing happening. Remember that you have to learn from your mistakes and prepare for 

the future. He thought that was one thing Council has to learn and is one thing the City of Xenia 

has learned over time. Without what the City of Xenia and Emergency Management Teams 

learned after the 1974 tornado until now, they would not have rebuilt the City as successfully 

after subsequent disasters. 

Councilman Louderback had nothing further to share. 

Councilman Smith said he should have discussed the following under “Old Business.” On 

August 12, 2010, he made a motion to have Council put a 90-day moratorium on the Ethics 

Training and Code of Conduct for volunteers who serve on the City’s Boards and Commissions, 

and he believed that moratorium has expired. Mr. Lewis said that was correct. Councilman 

Smith said he would like to make a motion to extend the moratorium for another 90 days so 

Council can discuss where they are going with that. Mr. Lewis recommended the moratorium be 

for six (6) months, but it can be done for up to one year. 

Motion by Councilman Smith, seconded by Councilman Miller, to place a six (6) month 

moratorium on the Ethics Training and Code of Conduct for volunteers who serve on the City’s 

Boards and Commissions until Council can clarify some of the verbiage. No discussion 




Councilman Smith thanked everyone for watching the Council meeting; they appreciate your 

interest in our City. He wished everyone a “Merry Christmas and Happy New Year.” He noted 

the next Council meeting was moved to Tuesday, December 28 th . Citizens have asked him what 

they could do if they want to volunteer. Currently, there are openings on the Planning and 

Zoning Commission, the Board of Zoning Appeals, and the Civil Service Commission. The City 

can certainly use citizens’ help. Vice President Mills noted BRACA can always use volunteers 

aside from those serving on the Board. Councilman Smith said he attended the Wickline’s 

Florist open house last Sunday and it was a wonderful, well attended event. It was nice to see a 

local business have such a good following. 

Councilman Caupp said he was able to attend Planning Around the Clock, a planning and zoning 

seminar at Sinclair Community College last Friday that was quite informative. He also attended 

a Xenia Station Bike Spur Enhancement meeting last night pertaining to the intersections from 

Third Street to Home Avenue and the bike trail alongside the Eavey Building. If grant dollars


become available, they will be able to do some nice things around that corridor to enhance a part 

of the City that gets a lot of traffic from outside residents. He wished President Felton the best of 

luck in her future endeavors. She has been a wealth of knowledge for him over the last 10 years. 

Even though they did not always agree, that was part of the fun when you did not agree with 

President Felton. He always respected her opinion and he felt she always respect his. She will 

be sorely missed. 

Mayor Bayless reminded everyone to come to the Christmas Parade in downtown Xenia this 

Saturday at 1 p.m. Yesterday she toured the River Metals Recycling Center at 840 Jasper Road 

(when she was young, they called it “the junk yard”) and she encouraged everyone to visit the 

business. It was very interesting to see all types of materials being recycled. If you think 

something is junk, take it out there, and you might get paid. She wished President Felton all the 

very best. What a wonderful beginning she gave her in serving on this Council and as Mayor. 

President Felton certainly has a vivid history and a very tender heart. She thanked her for all she 

has done for the City. She knows she can call on President Felton at any time for advice. 

Vice President Mills invited everyone to attend the Downtown “Hometown Christmas” Event on 

Saturday, December 11 th from 1 to 6 p.m. Flyers are available that describe which local 

merchants will be hosting many sales and events downtown. People don’t realize that in 

downtown Xenia we have a music store, a bookstore where books can be ordered for you, a shoe 

store, a clothing store that sells gently used and new items, antique stores, florists, a health store, 

and more. She invited everyone to come downtown and visit those stores during the Saturday 

event. The parade will start at 1 p.m.; participants include the Xenia High School Marching 

Band, Chorus and Ensemble; Diamonds and Pearls Dance Club; X Town Drum Unit; and three 

horse-drawn carriages. From 1:30 to 4:00 p.m., there will be visits with Santa and kids’ crafts at 

the former Oasis Café Building and carriage rides around downtown. She thanked Dr. Dillaplain 

and Wickline’s Florist for their donations to purchase crafts for the event. She would like to see 

everyone come out and support our town because it is great. She wished everyone a “Merry 

Christmas.” She reminded everyone the next Council meeting is Tuesday, December 28 th . She 

thanked President Felton for being a wonderful leader for many years and for being a good friend 

to them all. 

ADJOURNMENT: Motion by Councilman Smith, seconded by Councilman Caupp, to 

adjourn the Regular Session at 8 p.m. to go into Executive Session [Personnel Matters]. No 











7:00 p.m. 

The Xenia City Council met in a Regular Session on December 28, 2010, at 7:01 p.m., in the 

City Council Chambers, City Hall, with the following members present: John Caupp, Dale 

Louderback, Wesley Smith, Marsha J. Bayless, and Jeanne Mills. 


INVOCATION: Dr. John Freeman, Pastor, United AME Church, gave the invocation after 



Smith, to approve the December 9, 2010, Special and Regular Session minutes as written. No 





Wright Cycle Estates PUD Modification and Rezoning of 16 acres to A-1 

Agricultural. Vice President Mills opened the public hearing and asked for the staff report. 

Mr. Percival said the first public hearing is a request to amend the Wright Cycle Estates PUD for 

the rezoning of 16 acres from Residential PUD to A-1 Agricultural and subsequent to that, 

introduction of an Ordinance following the public hearing. 

Mr. Percival said Wright Cycle Estates (WCE) is generally located on the west side of US Route 

42, south of the US Route 35 Bypass. It is bordered on the south by Hedges Road and on the 

west by the Little Miami Scenic Bike Path. The owners of WCE are requesting that 16 acres of 

undeveloped land at the southwestern most corner be subtracted from the PUD and rezoned to 

A-1 Agricultural. Someone wishes to purchase this property and have a mini farm with a horse 

and this is the easiest way to expedite that. 

He noted City Planner Brian Forschner is 

present to discuss this item further. 

Mr. Forschner noted the location of the 

area requested to be rezoned is shown in 

red on Map 1. Map 2 shows the 

surrounding WCE properties that have 

already been platted. The portion of the 

PUD to be subtracted has approximately 

950 feet of frontage along Hedges Road 

and is situated between an existing 

residential property to the east and several 

larger residential properties to the south. 

Map 1 – portion to be subtracted from the WCE PUD


Street “H” 

New Street 

“M” 

Street “I” 

Map 2 – Revised Concept Plan (area in red to be subtracted and rezoned) 

Modified Concept Plan: 

1. The impact of subtracting the 16 acres is largely limited to the southwestern portion of the PUD in 

an undeveloped area. 

2. Access to Hedges Road via Street “M” will be eliminated, leaving Tandem Drive to the east as the 

only access from Hedges Road. 

3. Streets “H” and “I” will be shortened and will no longer meet; they will instead become dead-end 

streets with cul-de-sacs. 

4. A new Street “M” will be constructed to create a connection between Streets “H” and “I” that will 

result in short blocks in the area, which goes along with some of the initial goals of this PUD to 

create a pedestrian friendly development with shorter blocks and interconnected streets. 

5. Total lots in the PUD will decrease by 18; most of those will be estate size lots. 

6. Net density will increase slightly from 2.27 units per acre to 2.35 units per acre. 

Mr. Forschner said in staff’s opinion, changes to the Concept Plan are relatively minor. The loss 

of a second access point off Hedges Road was acceptable given that there will still be an access 

point at Tandem Drive off Hedges Road. 

Mr. Forschner stated rezoning the 16 acres to A-1 Agricultural District is for the purpose of 

accommodating livestock on the property; in this case, horses. One of the prospective property 

owners looking at purchasing a portion of the 16 acres is a City employee; however, that City 

employee was completely removed from the review process in order to eliminate any potential 

conflict of interest. The A-1 Agricultural District permits a range of agricultural uses such as 

farming, as well as more intense uses such as animal shelters and kennels; however, the Zoning 

Code includes setback and screening requirements that can help safeguard these types of uses 

and buffer them from any future single-family development adjacent to the property. A wooded 

ravine and floodplain area will provide a natural buffer between the 16 acre tract and Lots 404 

and 462. The applicant intends to split the property into two parcels of approximately eight (8) 

acres each, so the smaller size will most likely preclude more intense types of uses. The


proposed A-1 zoning is consistent with existing surrounding land uses and general character of 

properties on Hedges Road. 

Mr. Forschner noted the Xenia Planning and Zoning Commission held a public hearing on this at 

their meeting on December 2, 2010, and voted unanimously to endorse the Concept Plan 

modification and rezoning for City Council approval. Following the public hearing, he 

respectfully requested that Council take two (2) actions: 

Action 1. By motion, accept the Xenia Planning and Zoning Commission’s recommendation to approve 

the major modification of the Wright Cycle Estates Planned Unit Development Concept Plan. 

Action 2. Introduce an Ordinance amending the Zoning Map of the City of Xenia by accepting Xenia 

Planning and Zoning Commission’s recommendation to rezone 16 acres of land located on Hedges Road 

from Residential Planned Unit Development to A-1 Agricultural District. 

Vice President Mills explained the procedures for audience comments, and invited those in favor 

of the PUD modification and rezoning to step forward to speak. 

Chris Schaeffer of Schaeffer Engineering, 1253 Lyons Road, Dayton, said he was representing 

P.F.D. Development P.L.L. in this action. He felt Mr. Forschner summarized the project very 

well. They are very concerned about maintaining the character of the WCE development as it 

expands from the north to the south. They feel they have maintained the character inside the 

development and feel the character of the two 8-acre parcels will not hurt the development. In 

fact, it is very similar to what exists on the other side of Hedges Road. 

Vice President Mills invited those against the PUD modification and rezoning to step forward to 

speak. No one came forward to speak. Vice President Mills invited those neither for nor against 

the PUD modification and rezoning to step forward to speak. No one came forward to speak. 

Vice President Mills entertained questions or comments from Council. 

Mayor Bayless asked if staff was concerned about the loss of a second access point on Hedges 

Road concentrating more traffic at the Tandem Drive/Hedges Road intersection. Mr. Schaeffer 

did not think that would significantly add to the traffic. Since it is a single-family development 

and not a commercial development, people are not all coming and going quite the same. In a 

sense, Hedges Road is a better outlet for drivers to U.S. 42, depending on whether they are going 

north or south. If they are going to the north, using the access off Hedges Road might be a 

shortcut because it is easier to turn left. He did not believe it would increase congestion on 

Tandem Road. Mr. Forschner noted the City Engineer also reviewed this and was comfortable 

with the change. 

Vice President Mills closed the public hearing at 7:14 p.m. and entertained a motion. 

Motion by Mayor Bayless, seconded by Councilman Louderback, to accept XPZC’s 

recommendation and approve the major modification of the Wright Cycle Estates Planned Unit 

Development (PUD) Concept Plan. No discussion followed. The Roll on this was the 

following: 




Councilman Louderback introduced an ORDINANCE AMENDING THE ZONING MAP OF 

THE CITY OF XENIA BY REZONING 16 ACRES OF LAND LOCATED ON HEDGES 

ROAD FROM RESIDENTIAL PLANNED UNIT DEVELOPMENT TO A-1 

AGRICULTURAL DISTRICT, and it was read for the first time. 

McKinley Elementary School Rezoning to Residential PUD. Vice President Mills 

opened the public hearing for the purpose of soliciting input on a Planned Unit Development 

(PUD) rezoning application submitted by Stephan Howick, Fanning/Howey Associates, Inc., on 

behalf of the property owner, Xenia Community School District. The intent of the rezoning is to 

allow the applicant to construct a new public elementary school on the same parcel while 

converting the existing McKinley Elementary School building to a preschool. She then asked for 

the staff report. 

Mr. Percival respectfully requested that Council introduce an Ordinance for the Rezoning of 

13.218 acres of Land on Colorado Drive from R-1C One-Family Residential District to 

Residential Planned Unit Development. The request is being made by the Xenia Community 

School District for the construction of the new McKinley Elementary School and conversion of 

the existing school to a preschool, which is located on the east side of Colorado Drive between 

Nebraska Drive and Atkinson Drive. The property is surrounded by the rear yards of singlefamily 

residential homes, with the exception of Bennett Park, a 2.5-acre City park to the 

southeast. The current zoning of the property, along with all the surrounding properties, is R-1C 

One-Family Residential. The existing McKinley Elementary School at the northern end of the 

property was built in 1975. He invited Mr. Forschner to further discuss the agenda item. 

Mr. Forschner noted the application involves the construction of a new K-5 public elementary 

school in the southern half of the property, and reusing the existing elementary school building 

as a preschool school (see Map 1). An illustrative site plan is provided in Figure 1. 

Map 1 

Figure 1: Illustrative site plan


Below is an overview of key aspects of the proposed PUD: 

1. Site and Building 

(a) A new two-story McKinley Elementary School will be constructed south of the existing school 

building on what is currently mostly open space. 

(b) A new parking lot will be constructed between the two buildings. 

(c) An asphalt and engineered wood fiber playground will be provided at the eastern end of the 

building. 

(d) Separate utilities will be provided for each building, consistent with City requirements for 

multiple buildings on a site. 

(e) The applicant is seeking LEED (Leadership in Energy and Environmental Design) Certification 

for the new school building. LEED is a green building certification system that aims to promote 

well-designed buildings in terms of energy and water efficiency, pollutant emission reduction, 

improved indoor environmental quality, good stewardship of resources and sensitivity to impacts. 

2. Parking and Circulation 

(a) The nursery school will use the existing parking lot and a portion of the proposed new parking lot 

for staff and visitor parking. 

(b) Both schools will utilize the existing entrance from Colorado Drive for automobile access. There 

will no longer be a continuous driveway connection from Colorado Drive to Wyoming Drive; the 

Wyoming entrance will be used strictly for the bus drop-off area. 

(c) A two-lane, one-way circular driveway will provide access to parking as well as parent drop-off 

areas for both schools. 

(d) A loading and dumpster area is provided at the western end of the building. 

(e) The main parking area includes spaces that will be paved with pervious concrete, which reduces 

stormwater runoff and allows for detention under the parking lot. 

(f) Walkways will be provided along all driveways, connecting to sidewalks at the entrances. 

3. Landscaping 

(a) Landscaping will be provided at the foundation of the new building, the interior of the main 

parking lot, and at various points along the perimeter of the new building to buffer parking areas 

and the playground from surrounding homes. 

4. Signage 

(a) Planned signage includes directional and traffic signs as well as a new ground-mounted sign to 

replace the existing sign in the median of the Colorado Drive entrance. 

C. Staff Analysis 

1. General Comments: Since the application involves a use (preschool school) that is not permitted in 

the existing zoning district (R-1C), this PUD application requires a full rezoning, which requires 

public hearings and review by both Planning and Zoning Commission and City Council (per Section 

1282.08 of the Zoning Code). 

Concerns to be addressed: More landscaping is needed to screen the parking and loading areas from 

adjacent residential properties. This project will significantly increase the intensity of development 

on the site and buffering is needed to mitigate the impacts on surrounding properties. 

Mr. Forschner noted the Xenia Planning and Zoning Commission held a public hearing on this 

rezoning at their meeting on December 2, 2010, and voted to endorse the rezoning for City 

Council approval. The XPZC also recommended approval of the final development plan, with


the condition that the applicant revise the site plans prior to zoning permit approval to address 

additional landscaping (trees and shrubs) mainly where parking lots and driveways come close to 

surrounding homes along the northern, eastern, and western sides, and along the loading areas 

where the dumpsters will be located. The other condition was that additional landscaping be 

provided in the bus turnaround island and the Colorado Drive median where the sign will be 

located. The intent is that those conditions will be addressed administratively by staff with 

revised plans submitted before a zoning permit is granted. 

Following the public hearing, Mr. Forschner respectfully requested that Council introduce an 

Ordinance amending the Zoning Map of the City of Xenia by accepting Xenia Planning and 

Zoning Commission’s recommendation to rezone 13.218 acres of land located on Colorado 

Drive from R-1C One-Family Residential to Residential Planned Unit Development. 

Vice President Mills explained the procedures for audience comments, and invited those in favor 

of the Planned Unit Development rezoning of 13.218 acres located at 819 Colorado Drive from 

R-1C to Residential PUD to step forward to speak. 

Stephan Howick, Fanning/Howey Associates, Inc., 540 East Market Street, Celina, said his firm is the 

landscape architects working with the XCS on the school projects. This is one of five projects 

they are working on and the most complicated due to the rezoning requirements. He was present 

to answer any questions Council may have. 

Vice President Mills invited those opposed to the PUD Rezoning to come forward to speak. No 

one came forward to speak. Vice President Mills invited those neither for nor against the PUD 

Rezoning to come forward to speak. No one came forward to speak. 

Vice President Mills entertained questions from Council. 

Councilman Smith asked if the McKinley Elementary School project was more complex because 

of Bennett Park since they are not rezoning Cox, Arrowood, or Shawnee Elementary Schools. 

Mr. Percival said no; it is because of the way the property is zoned and not the way the site is 

laid out. Bennett Park has nothing to do with the rezoning. 

Mr. Forschner said there are two reasons why this property is going through the PUD process: 

(1) The preschool is not a permitted use in the existing zoning district (R-1C); and (2) having 

two buildings on one parcel is not permitted in Zoning Code Section 1294.01(e) unless it goes 

through the PUD process. 

Vice President Mills closed the public hearing at 7:23 p.m. 

Councilman Louderback introduced an ORDINANCE AMENDING THE ZONING MAP OF 

THE CITY OF XENIA BY REZONING 13.218 ACRES OF LAND LOCATED ON 

COLORADO DRIVE FROM R-1C ONE-FAMILY RESIDENTIAL DISTRICT TO 

RESIDENTIAL PLANNED UNIT DEVELOPMENT BASED ON A PUD CONCEPT PLAN, 


Moratorium on Permits for Sweepstakes/Internet Cafés. Vice President Mills noted 

Law Director Ron Lewis was unable to attend the meeting tonight due to an emergency at home. 

She then opened the public hearing and asked for the staff report.


Mr. Percival said at sweepstakes/internet cafés, customers can purchase prepaid phone cards to 

access the Internet for casino-like games. Customers can earn additional Internet time and 

points, which reportedly have no cash value but customers are entered into a sweepstakes; 

therefore, customers have a chance to win money and prizes. The games are not considered to 

be games of chance, which makes them legal in the State of Ohio, however, some critics believe 

these cafés can introduce illegal gambling or other unwanted activities to the area. Several 

communities in Ohio have imposed moratoriums on sweepstakes/internet cafés so they can get a 

handle on what these activities actually are. The proposed moratorium would give staff time to 

(1) develop a proper definition for Internet Cafés; and (2) understand where they would best fit 

within our Zoning Code because we do not have sweepstakes/internet cafés in our Zoning Code. 

This will go through the normal planning process. He felt there is some urgency because some 

folks said they would like to open a Sweepstakes/Internet Café, but staff does not yet know 

enough about them to know where they do and do not belong. 

Mr. Percival respectfully requested that Council pass an emergency resolution imposing a 

moratorium on the acceptance and processing of applications for zoning permits for 

sweepstakes/internet cafés following the Public Hearing. 

Vice President Mills invited those in favor of a moratorium on zoning permits for sweepstakes/ 

internet cafés to step forward to speak. No one came forward to speak. Vice President Mills 

invited those against a moratorium on zoning permits for sweepstakes/internet cafés to step 

forward to speak. No one came forward to speak. Vice President Mills invited those neither for 

nor against a moratorium on zoning permits for sweepstakes/internet cafés to step forward to 

speak. No one came forward to speak. 

Vice President Mills entertained questions from Council. None were presented. Vice President 

Mills said she spoke with the Law Director this evening and asked if this would be reviewed by 

the XPZC and if they would be able to move forward within twelve months from the effective 

date of this Resolution, if they decided to do so. Mr. Lewis said yes to both of her questions. 

Vice President Mills closed the public hearing at 7:27 p.m. 

Councilman Caupp presented a RESOLUTION PLACING A MORATORIUM ON THE 

ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ZONING PERMITS FOR 

SWEEPSTAKES/ INTERNET CAFÉS AND THE ISSUANCE OF SUCH APPROVALS, AND 








10-HH be now passed. No discussion followed. The Roll on this was the following: 




AUDIENCE COMMENTS: Vice President Mills explained the procedures for audience comments 


Motion by Councilman Smith, seconded by Mayor Bayless, to excuse Councilman Miller from 

the meeting due to pneumonia. No discussion followed. The Roll on this was the following: 




Planning & Zoning Commission: Councilman Caupp said XPZC met on December 2 nd 

and discussed many of the items that are being presented tonight. Commissioners voted to: 

1. Endorse to City Council the Major Modification to the Wright Cycle Estates PUD, and the 

rezoning of 16 acres from Residential PUD to A-1 Agricultural. 

2. Endorse to City Council the Planned Unit Development overlay zone on approximately 19.134 

acres of land located at 1694 Pawnee Drive with the condition that staff’s concerns are addressed 

[Arrowood Elementary]. 

3. Endorse to City Council the Planned Unit Development Rezoning of 13.218 acres located at 

819 Colorado Drive from R-1C to Residential PUD to allow the applicant to construct a new 

public elementary school on the same parcel while converting the existing school to a preschool 

with the condition that staff’s concerns are addressed [McKinley Elementary]. 

4. Endorse to City Council the approval of a major subdivision involving the creation of four new 

lots and the modification/consolidation of three existing lots on property owned by Legacy 

Ministries International with the condition that staff’s concerns are addressed. 

5. Endorse to City Council the adoption of the revised Flood Insurance Rate Maps, and to amend the 

City Ordinance to reference the revised Flood Insurance Study and Maps, both effective 

March 17, 2011. 

Councilman Caupp noted Mr. Fred Hall was appointed to the Xenia Planning and Zoning 

Commission on March 25, 2010, to fill a vacancy. His term will expire on December 31, 2010. 

Mr. Hall has expressed his desire to be reappointed for a full four-year term on the Xenia 

Planning and Zoning Commission. 

Motion by Councilman Caupp, seconded by Councilman Louderback, to reappoint Mr. Fred Hall 

to the Xenia Planning & Zoning Commission for a full four-year term with a term expiration date 

of December 31, 2014. No discussion followed. The Roll on this was the following: 



Councilman Caupp thanked the recording clerk Susan Hagler for providing a good summary of 

their very long XPZC meeting. 

Mayors & Managers: Mayor Bayless said they enjoyed a delicious Christmas meal at 

the December meeting. She really enjoys networking with the Mayors and Managers in the 

Miami Valley and feels it is a great opportunity to learn a lot. 


met on December 2 nd and two proposed projects were discussed that will directly impact the City


of Xenia. The first involves the W. Main Street/Hospitality Drive intersection improvement. 

The following has been proposed and should be decided in February or March: (1) The 

recommendations are to install a new traffic signal at the intersection of W. Main Street and 

Hospitality Drive to permit turning movements; re-align the US 35 Bypass off ramp to intersect 

Business 35 (W. Main Street) in a stop “T” formation; and construct a deceleration lane to 

accommodate right-in traffic onto southbound Hospitality Drive for eastbound W. Main Street 

motorists. (2) Greene CATS is beginning a new flex route called Route 42 that will connect 

Greene County residents to Montgomery County. The flex service will operate Monday through 

Friday from 6:18 a.m. to 6:18 p.m. The Greene CATS vehicle will begin at K-Mart on W. Main 

Street in Xenia Towne Square and connect with Children’s Medical Center of Dayton, Wright 

Stop Plaza, Sinclair Community College, and Miami Valley Hospital eight times a day, every 90 

minutes. The rates will be $1.50 each way (maximum of $3 per family) and $.75 for disabled 

riders. All Greene CATS vehicles are wheelchair accessible and all drivers are well trained in 

safety and sensitivity while transporting older adults and persons with disabilities. The flex 

services will begin on Monday, January 3, 2011. 

Board for Recreation, Arts & Cultural Activities: Vice President Mills said the 

December meeting was cancelled due to lack of agenda items, but the Board was very busy with 

the Hometown Christmas Event held on December 11 th . She thanked everyone who helped 

make it a big success and those who attended. There are pictures on the City’s website and the 

City Clerk stated she would love to add more. Approximately 400 children came to visit Santa, 

who arrived at 1:30 p.m. Visits with Santa and crafts for children were supposed to stop at 

4 p.m., but at 4:20 p.m. they were still getting the last few children in. She is looking forward to 

next year’s event being bigger and better. 

ITEMS FROM CITY COUNCIL AND MAYOR: 

Reappointment to Board of Zoning Appeals. Mayor Bayless noted Mr. Matthew Funk 

was appointed to the Xenia Board of Zoning Appeals on February 12, 2009, to fill a vacancy. 

His term expired on December 19, 2010. Mr. Funk has expressed his desire to be reappointed 

for a full four-year term on the Xenia Board of Zoning Appeals. 

Motion by Mayor Bayless, seconded by Councilman Caupp, to reappoint Mr. Matthew Funk to 

the Xenia Board of Zoning Appeals for a full four-year term with a term expiration date of 

December 19, 2014. No discussion followed. The Roll on this was the following: 



Resolution of Appreciation for Patricia L. Felton. Vice President Mills read a 

RESOLUTION OF APPRECIATION FOR PATRICIA L. [MUTERSPAW] FELTON IN 

RECOGNITION OF HER VALUABLE SERVICE TO THE CITY OF XENIA into the record. 

Highlights of the Resolution include the following: 

 

Ms. Patricia L. Felton served the City of Xenia since she was elected into office as Mayor in the 

November 1989 General Election and served two consecutive terms from January 1, 1990 to 

December 31, 1997. Resolution 97-O was passed on December 23, 1997, acknowledging her 

dedicated service from January 1, 1990 to December 31, 1997. Ms. Felton was re-elected into


 

 

 

office in the November 1999 General Election and has served consecutive terms since January 1, 

2000. At the December 9, 2010, City Council meeting, a letter was read into the record 

announcing Ms. Felton’s resignation, effective immediately. 

During her tenure since January 1, 2000, she diligently worked for the betterment of the City of 

Xenia by serving the community and City Council through her active involvement in many 

commissions, boards, and committees, including but not limited to, the Greene County Regional 

Planning Commission, Xenia Traffic Commission, BRACA, Beautification Commission, Loan 

Trust Committee, Chamber Board of Directors, Greene County Emergency Preparedness 

Committee, Xenia Planning and Zoning Commission, Stormwater Advisory Committee, 

Economic Business and Development Committee, Wellhead Protection Committee, Charter 

Review Committee, etc. 

Ms. Felton was elected as President of City Council in 2005, 2007, 2008, 2010, and Vice 

President in 2006. 

A commemorative brick will be placed at Xenia Station in her honor inscribed with her name and 

years of service to the City of Xenia. 

A commemorative brick will be placed at Xenia Station denoting her nineteen (19) years [1990 – 

1997, inclusive, and 2000 – 2010, inclusive) of dedicated service and contributions to the City. 

Motion by Councilman Caupp, seconded by Councilman Smith, that the rules requiring the 





Motion by Councilman Caupp, seconded by Councilman Smith, that Resolution Number 10-II be 




Resolution of Appreciation for Rick Williamson. Councilman Caupp read a 

RESOLUTION OF APPRECIATION FOR JOHN F. “RICK” WILLIAMSON IN 

RECOGNITION OF HIS VALUABLE SERVICE TO THE CITY OF XENIA into the record. 

Highlights of the Resolution include the following: 

Mr. Rick Williamson was appointed to the Xenia Civil Service Commission on February 1, 1995. 

Mr. Williamson’s current term expires on December 31, 2010, and he is not seeking 

reappointment. Mr. Williamson has served on the Commission for almost sixteen years. 

Mr. Williamson served as Chair of the Commission since January 1996. Mr. Williamson served 

as a mentor to many Civil Service Commissioners and always worked collaboratively with City 

leadership throughout the years. 

Mr. Williamson served on the City’s Personnel Management Committee and collaborated with 

the Appointed Officials by providing policy direction and suggestions affecting human services 

and personnel management within the City. 

Mr. Williamson also served on the committee that evaluated applicants for the position of Human 

Resources Director and made recommendations to the City Manager for appointment of the 

Director. 

Throughout the years, Mr. Williamson led the Commission through numerous tasks, including, 

but not limited to, review and approval of various Civil Service Schedules of Events, review and


 

 

 

approval of various job descriptions, entry level testing and promotional processes, a 

comprehensive classification study, reductions in force, Appeal Hearings, several comprehensive 

Civil Service Commission Rules and Regulations Amendments and many subsequent minor 

revisions, etc. 

Mr. Williamson proctored numerous Civil Service Tests for the positions of Clerical, 

Communication Operators I and II, Finance Clerk, Firefighter, Fire Lieutenant, Fire Captain, 

Police Officer, Police Sergeant, Police Captain, Water Meter Service Worker/Maintenance 

Worker, Water and Wastewater Treatment Operators, et al. 

Mr. Williamson has always remained steadfast and true to the Civil Service process to obtain and 

retain the best employees possible. 

We sincerely thank him for his sixteen (16) years of dedicated service and contributions to the 

City from February 1, 1995, to December 31, 2010. 






Motion by Councilman Caupp, seconded by Mayor Bayless, that Resolution Number 10-JJ be 




Vice President Mills thanked Ms. Felton and Mr. Williamson for their many years of dedicated 

service to the Xenia community. 




Approval of a Major Subdivision Involving the Creation of Four New Lots and the 

Modification/Consolidation of Three Existing Lots on Property Owned by Legacy 

Ministries, International. Mr. Percival noted Legacy Ministries International owns and 

operates Legacy Center, which is a multifaceted campus located on approximately 270 acres on 

Home Avenue in Xenia. This campus is located on the existing parcels listed in Table 1 and 

Map 1 (see Page 12 

of the minutes) and is 

generally bounded 

by Home Avenue to 

the north, Union 

Road to the east, the 

US 35 Bypass to the 

south, and South Detroit Street to the west. Legacy Center is a largely self-contained campus 

(formerly the OVCH campus on the north side of the US-35 Bypass) that consists of numerous


buildings and tenants and a mix of institutional, recreational, and residential uses. Notable 

examples include the Athletes in Action headquarters, athletic fields and dormitories, Legacy 

Ministries' offices, a K-12 school, senior housing and an assisted living center. Most of these 

uses are located on the eastern portion of the site. The western portion of the site primarily 

consists of athletic fields operated by Athletes in Action. The campus is served by private 

streets, although the City of Xenia provides water and wastewater treatment. The current 

subdivision proposal involves the creation of four new lots and the modification/consolidation of 

three existing lots so that the campus makes more sense for the activities, such as Athletes in 

Action, senior living, and school activities. He noted Mr. Forschner was available for questions. 

Vice President Mills entertained a motion. 

Motion by Mayor Bayless, seconded by Councilman Louderback, to approve a major subdivision 

involving the creation of four new lots and the modification/consolidation of three existing lots 

on property owned by Legacy Ministries International with the condition that staff’s concerns are 

addressed. Discussion followed. 

Vice President Mills asked if the concerns cited on page 2 of the staff report were addressed. 

Mr. Forschner said yes. The reason the staff report still lists those concerns is because he did not 

receive the plans until after the staff report was published. He did review the concerns and the 

applicant did address all the concerns listed in Section 2 of the staff report. If Council votes to 

approve the major subdivision, the applicant is requesting to obtain the necessary signatures 

tonight since everyone is present so they can move forward with the project.


Mr. Forschner noted the Xenia Planning and Zoning Commission voted to endorse this 

subdivision for City Council’s approval at their meeting on December 2, 2010, with the 

condition that the applicant addresses City staff’s concerns listed in section C (2) of the staff 

report prior to plat signing, which has been done. The current subdivision proposal involves no 

plans for new development. 




Award of Bid for 3 Cab and Chassis and 2 Utility Truck Bodies and 1 Dump Truck 

Body and Passage of an Emergency Appropriations Ordinance. Mr. Percival said the Public 

Service maintenance needs to replace four vehicles with three and one piece of equipment that is 

currently trailer mounted. The first vehicle is a 1998 Chevrolet one-ton dump truck with 9,234 

engine hours. The second request is a 1995 Chevrolet utility truck that was purchased to support 

the Water Maintenance Division. Approximately four years ago, the vehicle was demoted due to 

its unreliable condition for emergency water main repairs, and placed in service for use by our 

downtown streetscape personnel. It has approximately 6,878 engine hours. The third request is 

a 1999 Chevrolet utility service truck with 112,595 odometer miles and with 7,077 estimated 

engine hours. There is also a 1995 van that will be taken out of service. The trailer-mounted unit 

that is used to jack hammer asphalt for street repairs, water main repairs, and sewer main repairs 

will be mounted in a truck rather than have it as a trailer-mounted unit. 

Mr. Percival noted previous bids were rejected this past summer because they did not meet the 

specs. On November 9, 2010, they opened bids for three cabs and chassis to replace the above 

units. On December 8, 2010, they opened bids from two vendors for the bodies for the three 

cabs & chassis. 

Mr. Percival respectfully requested that Council make three (3) motions: 

Motion 1 - Waive the second reading of an ordinance at two consecutive meetings and pass as an 

emergency an ordinance to appropriate $13,483 into account 665-1332-55399 for the purchase of a 

compressor to add to the sewer utility truck. The reason for the emergency is to encumber the funds 

before the end of the budget year. 

Motion 2 - Motion to award the purchase of three cab and chassis to Beau Townsend Ford in the amount 

of $69,322.00 from account 665-1332-55402 and $33,047 from account 664-1338-55402 for a total 

amount of $102,369.00. 

Motion 3 - Motion to award the purchase of a dump body with plow and salt spreader and two utility 

truck service bodies including compressors to Kaffenbarger Truck Equipment in the amount of 

$47,894.00 from account 665-1332-55402, $13,483.00 from account 665-1332-55399, $25,469.00 from 

account 664-1338-55402, and $13,483.00 from account 664-1338-55399 for a total of $100,329.00. 




AND DECLARING IT TO BE AN EMERGENCY.


Motion by Councilman Louderback, seconded by Councilman Smith, that the rules requiring the 



Mayor Bayless asked what “service body package” meant. Mr. Percival explained that the 

service body package is in the back of the trucks where there are compartments to store tools and 

service equipment on the truck. 

Vice President Mills noted it is illegal to use revenue from Enterprise Funds that are generated 

from the payment of utility bills for any other purpose other than items directly related to water, 

sewer, sanitation, and stormwater. 

Councilman Caupp commented that these trucks were included in the 2010 budget. They are not 

rushing to purchase three trucks before the end of the year, but previous bids received in the 

summer were rejected. The current bids fit the parameters of the specifications. Mr. Percival 

said that was correct. 








Motion by Councilman Caupp, seconded by Councilman Louderback, to award the purchase of 

three cab and chassis to Beau Townsend Ford in the amount of $69,322.00 from account 665- 

1332-55402 and $33,047.00 from account 664-1338-55402 for a total amount of $102,369.00. 




Motion by Councilman Caupp, seconded by Mayor Bayless, to award the purchase of a dump 

body with plow and salt spreader and two utility truck service bodies including compressors to 

Kaffenbarger Truck Equipment in the amount of $47,894.00 from account 665-1332-55402, 

$13,483.00 from account 665-1332-55399, $25,469.00 from account 664-1338-55402 and 

$13,483.00 from account 664-1338-55399 for a total of $100,329.00. No discussion followed. 




Request for the execution of a contract and Purchase Order with MACTEC for the 

Sourcewater Hydraulic Evaluation. Mr. Percival said the purpose of the sourcewater hydraulic 

evaluation is to look at the City’s wellfield, and what the effect would be on all the other 

surrounding property owners if they were to completely utilize their wellfield. The City draws its


sourcewater from aquifers north of town in Xenia Township and the Oldtown and Massie’s Creek 

wellfields. The City’s water system is rated to pump up to 10 million gallons per day (MGD), but 

the City’s water system can only treat up to 8 MGD. They are requesting that MACTEC do a 

study to evaluate how the operation of these wellfields at a pumping rate of 8 MGD will influence 

the water levels in the private water supply wells within the sourcewater overlay district. 

Councilman Louderback, Utilities Manager Jason Tincu, Water Treatment Supervisor Lisa Dawn, 

and he have met with Xenia Township four times, and they all agreed to the parameters of the 

study. They want to all work from the same information and the knowledge of where they will go 

from here. Once the evaluation is completed, they will be able to make decisions based on having 

knowledge of what would happen if they drew down water at a pumping rate of 8 MGD. The 

current sourcewater overlay district draws 3 to 4 MGD on a regular basis. The most he could 

recall the City drawing in one day was in 1988 when they drew 5.6 or 5.7 MGD. They have never 

come close to 8 MGD, so it is good to have that knowledge so they can move forward. 

Mr. Percival noted Mr. Tincu was unable to attend tonight’s meeting. He respectfully requested 

that Council make a motion to authorize him to enter into a contract and issue a Purchase Order 

with MACTEC in an amount not to exceed $23,933.00 for the completion of the Sourcewater 

Hydraulic Evaluation project. 

Motion by Councilman Louderback, seconded by Mayor Bayless, to authorize the City Manager 

to enter into a contract and issue a Purchase Order with MACTEC in an amount not to exceed 

$23,933.00 for the completion of the Sourcewater Hydraulic Evaluation project. Brief comment 

followed. Councilman Smith asked if Water Funds would be used. Mr. Percival said yes; Fund 

664 is Water Capital. The Roll on this was the following: 



Emergency Ordinance to make Interim Appropriations for current expenses and 

other expenditures for the City of Xenia, Ohio, during the Fiscal Year beginning 

January 1, 2011. Mr. Percival respectfully requested that Council waive the rule requiring the 

reading of an ordinance at two consecutive meetings and adopt the proposed ordinance as an 

emergency measure, approving the proposed interim appropriations effective January 1, 2011. 

Passage of this emergency ordinance will enable the City to meet applicable statutory 

requirements and allow for the continuation of municipal operations at the start of the New Year. 

Councilman Louderback presented an ORDINANCE TO MAKE APPROPRIATIONS FOR 

CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF XENIA, OHIO 

DURING THE FISCAL YEAR BEGINNING JANUARY 1, 2011, AND DECLARING IT TO 

BE AN EMERGENCY. 

Motion by Councilman Louderback, seconded by Councilman Smith, that the rules requiring the 


placed at once upon its passage. Discussion followed. Councilman Smith noted some citizens 

are upset about Council having to make emergency decisions, but this is just a natural part of 

doing business, and not something they do on purpose. Vice President Mills said she always


considered this as yearly housekeeping required by law. They have to have an operating budget. 








Mr. Percival said since he was unable to attend the last Council meeting, he wanted to thank 

Patricia Felton for her dedication and years of service. They did not always agree, but because 

she was willing to dedicate that much of her life to this community, we all owe Ms. Felton a debt 

of gratitude. The same goes for Rick Williamson. Mr. Williamson has worked on the Civil 

Service Commission for years; he volunteered because he loves Xenia. He thanked them both 

for dedicating so many years of their lives to make Xenia a better place to live. 



Emergency Ordinance to adjust the 2010 Appropriation Ordinance and Emergency 

Resolution to approve the 2011 Financial Management Policies and Goals. Mr. Bazelak 

respectfully requested that Council take three (3) actions: 

Action 1. Waive the second reading of an ordinance at two consecutive meetings and pass an Emergency 

Appropriation Ordinance adjusting 2010 appropriations in various funds. 

Mr. Bazelak noted at the end of every year, Council is asked to pass an emergency appropriation 

ordinance to allow staff to make transfers to have funds available for the final personnel and 

operating costs. The actual ordinance to change appropriations was delivered to Council prior to 

the meeting and an explanation for each requested change was attached. The biggest action for 

deappropriating funds is in the 603 Housing Rehab Fund, which was for a significant amount of 

dollars for projects that did not occur this year. 

Action 2. Motion authorizing the Finance Director to refrain (if he deems it appropriate) from making 

transfers from operating funds into capital funds for the 2010 year. 

Mr. Bazelak noted in years past, the City requested an appropriation to allow a transfer from the 

General Fund to the General Capital Improvement Fund. According to the financial policies, 

cash reserves in excess of the two-month operational reserve requirement are to be transferred to 

the Capital Improvement Fund. After the passage of a levy to fund capital improvement 

projects, this transfer is no longer thought to be necessary for the 2010 year. Similar transfers 

are also made in the enterprise funds between operating and capital funds. He respectfully 

requested that Council make a motion authorizing him to refrain from making such transfers 

when they are not justified.


Action 3. Waive the second reading of a resolution at two consecutive meetings and pass an Emergency 

Resolution to approve the 2011 Financial Management Policies and Goals. 

Mr. Bazelak noted these policies were distributed to Council at the budget work session held on 

December 9 th . Those things which have been changed in relation to the 2010 policies are 

highlighted in yellow. The 2011 Financial Management Policies and Goals for the City of Xenia 

are recommended in order to provide better accountability, sustainability, and transparency in the 

financial management of the City. One percent (1%) of the income tax rate will be directly 

receipted into the General Fund (101); and one percent (1%) of the income tax rate will be 

directly receipted into the Police and Fire Fund (270); and .25 percent (.25%) of the income tax 

rate will be directly receipted into the General Capital Improvement Fund (361) for street and 

general capital improvements they discussed. 




AND DECLARING AN EMERGENCY. 

Motion by Councilman Louderback, seconded by Councilman Caupp, that the rules requiring the 









Motion by Councilman Smith, seconded by Councilman Louderback, to authorize the Finance 

Director to refrain (if he deems it appropriate) from making transfers from operating funds into 

capital funds for the 2010 year. No discussion followed. The Roll on this was the following: 



Councilman Smith presented a RESOLUTION APPROVING THE 2011 FINANCIAL 

MANAGEMENT POLICIES AND GOALS, AND DECLARING IT TO BE AN EMERGENCY. 

Motion by Councilman Smith, seconded by Mayor Bayless, that the rules requiring the reading 





Motion by Councilman Smith, seconded by Mayor Bayless, that Resolution Number 10-KK be 

now passed. No discussion followed.





Introduction of a Resolution authorizing the Finance Director to procure from the 

County Auditor advance payment of taxes collected in 2011. Mr. Bazelak said every year 

City Council is asked to approve a resolution authorizing the Finance Director to procure from 

the County Auditor advance payment of various taxes they collect and hold for the City. The 

regular schedule for distribution of taxes collected by the County Auditor to local jurisdictions is 

February and August. 

Councilman Caupp introduced a RESOLUTION AUTHORIZING THE ADVANCE 

PAYMENT OF TAXES FROM THE FEBRUARY AND AUGUST SETTLEMENTS FROM 

THE GREENE COUNTY AUDITOR FOR THE CALENDAR YEAR 2011, and it was read for 

the first time. 

Schedule of Bills: Mr. Bazelak presented payment of bills totaling $1,457,836.86. He 

noted this is the end of the year and they are trying to take care of things within the 2010 budget. 

Also, there are three major loan payments on the schedule of bills in our Sewer Fund, the 

Jamestown Connector project, monthly payment to Rumpke for our sanitation service, and some 

salt purchases, which is part of the reason that dollar amount is so high. 

Motion by Councilman Caupp, seconded by Councilman Smith, to approve payment of bills 

totaling $1,457,836.86. Discussion followed. 

• Page 18 – Seiter Services LLC for humidifiers at Stations 1 & 2 for $1,476.00. Councilman 

Louderback noted Mr. Seiter is a City employee and he wanted to go on record that he felt it was 

a conflict of interest for the City to contract with a City employee to do services. He will not vote 

“nay” on the motion because we need to pay our bills, but in the future, he would like 

management to look at these before we contract with any City employee. Mr. Percival said that 

has been addressed, and he appreciated Councilman Louderback bringing it up. 

Councilman Smith asked how the city was doing on its salt supply. Mr. Percival said the city is 

in good shape. Councilman Caupp said that is because they are using all sand. He has enough 

sand on his little side street to do all of Wright Cycle Estates. Mr. Percival said they are 

transitioning to more salt and less sand mixture. 






Emergency ordinance to waive competitive bidding for online legal services and 

authorization to enter into an agreement for Westlaw online research services. Mr. Percival 

said he would handle the agenda items for Mr. Lewis. The Law Department uses Westlaw for


online legal research services. Their agreement with Westlaw expired in May/June and they 

have been paying for access on a month-to-month basis at the rate of $718.90. On December 9, 

they received a quote from Westlaw for a three-year agreement for $9,177.60 per year, or 

$764.80 per month, with a 5% increase each subsequent year of the agreement. The old 

agreement had a 5% increase per year as well. The new price will be effective as soon as the 

paperwork is processed in Westlaw’s home office. With this agreement, they will also receive a 

50% discount on subscriptions for law books, the same as the old agreement. 

Mr. Percival respectfully requested that Council waive competitive bidding for this online 

service since it is a professional service, and authorize him to execute an agreement to take 

advantage of reduced costs for online legal services for the City’s Law Department. 

Councilman Caupp presented an ORDINANCE WAIVING COMPETITIVE BIDDING AND 

APPROVING THE CONTRACT WITH WESTLAW FOR ONLINE LEGAL SERVICES, AND 











Second Readings of Ordinances and Resolutions: Mr. Percival presented an 

ORDINANCE ADOPTING THE REVISED FLOOD INSURANCE RATE MAPS EFFECTIVE 

MARCH 17, 2011, AND AMENDING §1228.05 BASIS FOR ESTABLISHING THE AREAS 

OF SPECIAL FLOOD HAZARD OF CHAPTER 1228: FLOOD DAMAGE REDUCTION OF 

TITLE TWO: PLANNING OF THE CITY OF XENIA’S CODIFIED ORDINANCES, and it 

was read for a second time. 






READING OF COMMUNICATIONS AND DISCUSSION: Councilman Louderback wished 

everyone a Happy New Year. 

Councilman Smith thanked those in the audience for attending the meeting and those watching at 

home. He also wished the citizens of Xenia a Happy New Year. This meeting concludes one 

year of service for him and the Mayor since being elected. It has been a pleasure and he thanked


the citizens for their vote of confidence. We live in a blessed nation and a blessed community. 

Xenia is a very nice community. He had the privilege of being on vacation last week in Jamaica, 

which is a very beautiful country. His resort area was protected with fences and security guards 

to keep citizens away from tourists for their own safety. He was able to take a bus ride into a 

mountain area to ride ATV’s, which was a lot of fun. You really do not understand the poverty 

people in other places in the world are currently facing. This economic crisis has affected 

everyone, not just the United States. When a U.S. dollar can get almost $100 Jamaican dollars 

that shows you the lack of value of their currency. He saw 12 and 13 year-old girls selling 

newspapers in the middle of three lane highways to make $2 a day. Some of those girls were hit 

and sometimes killed, but that is all they can do to make money because they are so poor. We 

should all be thankful for what we have and where we live. He thanked former President Felton 

for her years of service. The City’s books are open; there is nothing to hide at City Hall. He 

thanked City staff for making this transitional year a very good year for him. 

Councilman Caupp said he served with Rick Williamson on the Civil Service Commission for 

nine years, and he thanked him for all his years of service. He will be greatly missed on the 

CSC. He wished Councilman Louderback a belated Happy Birthday, which was on Christmas 

day. He also wished everyone a happy and safe New Year. 

Mayor Bayless said her first year as Mayor has been wonderful and she has met many interesting 

people. You would think after living in Xenia her entire life she would know almost everybody. 

She wished Mr. Williamson the best. She wished everyone a happy and safe New Year, 

especially Pat Felton, who will be missed. 

Vice President Mills informed the audience that the City had received letters of interest from six 

applicants who wish to fill the vacant seat on Council. Council will begin conducting interviews 

soon. If citizens are willing to volunteer on Committees, there is currently one vacancy on the 

Board of Zoning Appeals with a term expiring in April 2011. There are two vacancies on the 

Planning and Zoning Commission, and each are four year terms. There are also two vacancies 

on the Civil Service Commission. One vacancy is to fill the remainder of a term, and the other is 

a five year term that expires in 2015. Since some of the vacancies are for short terms, if citizens 

are interested in giving it a try, she encouraged them to apply. More information is available on 

the City’s website or you can call the City Clerk, Michelle Johnson, at 376-7235 or email her at 

mjohnson@ci.xenia.oh.us. Enjoy the warmer weather to come because it will be short lived. 

Have a safe and happy New Year. 

ADJOURNMENT: Motion by Councilman Caupp, seconded by Councilman Smith, to 

adjourn the Regular Session at 8:25 p.m. to go into Executive Session to discuss personnel 

matters. No discussion followed. The Roll on this was the following:

City Council Meeting Minutes January 7, 2010 ... - City of Xenia

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