A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is a supplemental appropriation ordinance to authorize the settlement of litigation involving the City's Pre-Sale Inspection Program. It provides for the refund of inspection fees to a class of 1,055 members, as well as the payment of attorney fees.

It should be noted that the City's liability in this case is due to an oversight that occurred in 1992, when the City hired an outside consultant to recodify City ordinances. That recodification resulted in the inadvertent omission of search warrant language from the pre-sale inspection ordinance, which went unnoticed until May of 2016. Council adopted an ordinance to cure the defect in July 2016, and the City's inspection program continues to be an important tool to ensure that Oakwood remains the premier residential community of the Miami Valley.

This supplemental appropriation will transfer $72,780.00 from the General Fund to the Health Fund for the refund of inspection fees, and appropriates $223,179.00 from the General Fund to effect the balance of the settlement.

Mayor Duncan shared that because many residents move from home to home within Oakwood, the Agreement states that the refund checks can not only be cashed, but they can also be used as a donation to Smith Gardens. He then encouraged the people to use their refund money to shop local businesses in the Oakwood Business District.

Thereupon, it was moved by Vice Mayor Byington and seconded by Mrs. Hilton that the second reading be waived and that the ordinance be passed tonight.

Upon call of the roll on the question of the motion, the following vote was recorded:

MR. WILLIAM D. DUNCAN YEA
MR. STEVEN BYINGTON YEA
MR. ROBERT P. STEPHENS YEA
MRS. ANNE HILTON YEA
MR. CHRISTOPHER EPLEY YEA

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

STAFF REPORT

Leisure Services Report: Ms. Carol Collins, Leisure Services Director, referenced a PowerPoint presentation and reviewed the following information:

Gardner Pool finished the 2018 season with 449 family pool memberships purchased, 128 single memberships and 84 senior memberships. Family memberships were down from last year by 46, single memberships were up by 35 and senior memberships were down by one from the 2017 season.

The Oakwood Community Center's “Summer at the Pool” family nights had 21,494 visits in 2018 compared to 19,526 in 2017. The gate revenue in 2018 was $7,519 compared to $7,798 in 2017. Concession sales were almost the same in 2018 and 2017 at approximately $19,500. Swim lessons had 176 participants. The swim team had 221 participants. Water aerobics/deep water workout had 39 participants.

The 10th annual Dog Splash was a lot of fun. There were 39 participants in the 2018 event.

This year's Scarecrow Row had 20 groups that participated and photos of the winners were reviewed. Ms. Collins commented that the judges had their work cut out for them when they picked the winners. There were so many fantastic displays.

The Family Fall Festival was held on Sunday, October 14 in Shafor Park. The weather was questionable, but there was still a great crowd. People wandered the boulevard looking at the incredible scarecrows, and then came back to the park for games, food and music. There was a costume contest for the kids and hayrides for families. What a great community event!

The Johnny Appleseed Street Tree Project began in 1976 in an effort to support Oakwood's commitment to urban forestry and the environment. To date, this program has been responsible for planting over 3,000 trees. The highlights of the program include: the cost of the selected species are discounted 50% to Oakwood residents and trees must be planted in the City right-of-way; species of trees will be 1 3/4” in diameter and are excellent for planting; the most needy areas of Oakwood, as determined by the City, will be given first priority; one tree will be allocated at the 50% discount for each approved property site; tree species selected are well-