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March 9, 2006 Council Meeting Minutes
 M IN U T E S

The Village of Evendale
Regular Council Meeting
March 9, 2006


The Village of Evendale held a public discussion prior to the regularly scheduled council meeting. There was no discussion.

The Village of Evendale held its Regular Council Meeting. The meeting was called to order by Mayor Don Apking. Upon roll call, the following council members were present: Mr. Bill Puthoff, Jr., Mr. Stiney Vonderhaar, Mr. Jeff Albrinck, Mr. Chris Schaefer, Mr. Doug Lohmeier and Mrs. Carolyn Smiley-Robertson. Also present were: Chief Fiscal and Accounting Officer, George Snyder; Fire Chief, John Vail; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Public Works Director, Joe Wiehe; Economic Director, Linda Fitzgerald; Village Solicitor, Tim Burke and Village Clerk, Michelle Ficke.

Mayor Apking presented the consent calendar. Mayor Apking asked for a motion to accept the consent calendar consisting of the February 9 and February 23, 2006 Council Meeting Minutes; CFO Report for February, 2006; Tax Administrator’s Report for February, 2006; current Departmental Reports and the Treasurer’s Report for February, 2006. Mrs. Smiley-Robertson asked that the February 23, 2006 minutes be amended to change her name from “Mr.” to “Mrs,” on page two. Mr. Vonderhaar made a motion to accept the consent calendar as amended. The motion was seconded by Mr. Albrinck and unanimously approved.

Our state Senator, Patty Clancy was present and addressed council. She wanted to visit to make sure everyone knows that she represents Evendale now and would be happy to do anything she could to be of assistance to Evendale. Mayor Apking expressed a concern about the TEL (Tax Expenditure Limitation) amendment to the Ohio State Constitution because it would be a detriment to the Village of Evendale. Patty Clancy said that she understood and that she does not believe that the tax expenditure limitation is good for the state of Ohio. People from Colorado have come to Ohio to discuss their amendment that they are currently trying to overturn because they have found it was not as great as many people believed it to be. If the TEL amendment passes your local government fund would probably decrease. Ken Blackwell is supporting the TEL amendment. Ms. Clancy did agree that the TEL amendment would be harmful to the State of Ohio. She stated that there is not wide spread support in the Ohio Senate. We will see it on the ballot in November because enough signatures have been collected to do so.

Ed Gassert, former Evendale Fire Chief, gave a presentation on “The Evendale Standard”. He gave the history of how the plaque that will hang at the Fire Department came to be. The Evendale Fire Department initiated the improvement of fire fighter turnout coats in 1968 by developing a fire protection standard for protective clothing. Evendale Council gave the Fire Department $500 to do Research and Development on improvements to protective clothing. The Fyrrepel Company of Newark, Ohio was the only company they found that had the ability to meet the Evendale Fire Department’s needs and developed a coat that met the specs that the Evendale Fire Department required. This design was later used worldwide. January 1970 was when the first suits were used and by 1973 the Federal Government gave NASA and Houston Fire Department $2.5 million dollars to do research on protective clothing. At the end of 22 months they reported to the Government that they could not improve on the Evendale Standard. When the government wrote the book on the standard, Evendale was not even mentioned. So to correct that wrong, we received a plaque to be mounted at the outside rear of the Fire Station. Mr. Gassert explained the improvements that have been made on the Evendale Standard and the materials that are used today for turnout gear.

Mayor Apking thanked Ed Gassert for his presentation and stated that Evendale had one of the first full-time Fire Departments in the area because of General Electric and our industrial base and the hazardous chemicals that they have. We have a very active Fire Department and receive many letters from people who have been helped by our Fire Department.

Mr. Vonderhaar stated that we are the first to have our council meetings signed. Ebony Wyatt was introduced. She will be signing the meetings aired on ICRC.

Mayor Apking gave the Mayor’s Report. He apologized for a mistake in his newsletter. He used the work “reconstruct” when discussing the Civic Center and a possible use as an Art Center. The better word to use would have been “renovate”. He asked Council for the opportunity to form a committee to research the idea of using the Civic Center as an Art Center. Jeff Albrinck said he understood that this is an evaluation process and feasibility study to look at options and costs for renovation. Mrs. Smiley-Robertson asked that the Mayor’s newsletter be clarified in the interest of sharing the appropriate information. Mayor Apking said he would not change it for eight people in the whole Village that questioned it.

Mayor Apking said that the residents from Plateau Place met with him over the last few months concerning sewers. This is the only street in the Village that does not have sewers. Several years ago the Village put sewers in on Cooper Road and residents paid the Village back over twenty years. MSD said that if the sewer system goes in on Plateau the residents must tie into it. One of the residents just spent $20,000 on a new septic system. The people of the east side of Plateau are not interested in putting sewers in. There are six people on the west side that are interested. It would cost $70,000 - $95,000 to put in the sewer system for those six. If we put in the sewer they would pay us back over twenty years. It goes on the tax duplicate. Mayor Apking said he thought that some of the smaller older homes will be bought by builders to build new homes and they will need a sewer system.

Mr. Schaefer said that the assessment goes through MSD and the county puts a separate assessment on the property tax to pay back the cost. Council agreed to have the engineer look at what it will cost.
Mayor Apking asked when the second coat would be put on the street on Twilight. James Jeffers said it was scheduled for the spring.

Gary Goosman spoke on Gorman Heritage Farm. The Trosset property is ready for occupancy. The Service Department has been helping to clean up around the outside of the house, cleaning gutters, etc. A wild flower habitat is being established at the farm and wildflowers from the Trosset property will be moved over the next few years. They began cleaning up and cleaning out the Gorman residence and are looking at plumbing and electric and renovations on the heating and roof. Dave Lehman, the Farm Manager would move into the house. The spring festival will be held at Gorman Farm on April 1 and 2. It is called “Shear Excitement” and a sheep shearer will shear sheep. There will also be a working boarder collie showing.

Mr. Schaefer reported on his council committee meeting. He stated that there were scheduling conflicts and were unable to meet, however, he met with the Fire Chief who reported on the hiring process and the new ambulance. There are seventy candidates who will take the ability test.

Mr. Albrinck gave the Finance Report. Receipts exceeded expenses by $200,000. Tonight we have an ordinance on the purchase of a new ambulance. The proceeds of the EMS soft billing program which was initiated a year and a half ago will cover the entire cost of the vehicle.

Mayor Apking asked if we could change the date of the next council meeting to April 6, 2006.  Mr. Puthoff made a motion to change the April 13th Council Meeting to April 6, 2006. The motion was seconded by Mr. Vonderhaar and unanimously approved. The April council meeting will take place on April 6, 2006.

Council Committee meetings will meet on the normal evening and will be held on
Tuesday, April 4.

Mr. Puthoff announced that there will be a public hearing on the Police Department’s accreditation on April 3, 2006. For more information call the Police Department.

Mr. Schaefer stated that Mr. Wiehe, Service Director, put a new street sign system outside the door of the Administration Building. He asked for input from residents and council on the signage. They would use aluminum posts because they will last 7-10 years without maintenance.

Mayor Apking presented Ordinance #05-53, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH MARKETING DEVELOPMENTS, INC. (“MDI”) FOR THE PREPARATION OF A MARKET ANALYSIS, STRATEGIC INVESTMENT/REINVESTMENT PLANNING AND MARKETING PLAN FOR THE VILLAGE OF EVENDALE, PROVIDING AN APPROPRIATION FOR SUCH CONTRACT AND DECLARING AN EMERGENCY. Tim Burke stated that the copy of the ordinance that has been before council for some time now does not have the current proposal attached to it. The proposal was changed as a result of the discussion that occurred at the last council meeting. He provided council with a letter recommending an amendment to the ordinance which substitutes the old proposal for the current proposal; it would reduce the amount appropriated to $145,782 and would add a section specifically requiring that before Phase II could begin Council would have to authorize it. This authorization could be done by a simple motion of Council. Mrs. Smiley-Robertson made a motion to amend the ordinance to reflect what the solicitor has recommended in his letter. Mr. Vonderhaar seconded the motion and it was unanimously approved. Mr. Lohmeier said that he is in favor of passing the ordinance as amended; however, he stressed the importance of being committed to using the results of the report.

A motion to adopted Ordinance 05-53 as amended, as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared amended Ordinance 05-53 adopted as an emergency.

Mayor Apking presented Ordinance 06-05, PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED $4,385,000 OF TAX INCREMENT REVENUE NOTES BY THE VILLAGE OF EVENDALE, OHIO, IN ANTICIPATION OF THE ISSUANCE OF REVENUE BONDS, FOR THE PURPOSE OF FINANCING CERTAIN PUBLIC IMPROVEMENTS, AND DECLARING AN EMERGENCY. Mr. Schaefer stated that he could not support the bonds or Development Agreement until Evendale Commons LLD builds one 25,000 sq. ft. spec office building as promised at the public hearings. Mr. Schaefer said that they have not lived up to some of the things that were originally promised. He also indicated that taxes would go up as a result of the TIF as did in Anderson Township. Mr. Albrinck stated that Mr. Schaefer suggested that taxes in Anderson Township are 35% higher because of the Tax Increment Financing and that is not accurate because there are an awful lot of reasons why their taxes are higher. It is not accurate to suggest that the TIF made it 35% higher. Mayor Apking said we have an industrial base and commercial base that Anderson does not have.

Mrs. Smiley-Robertson asked what we have in place to ensure that the Village will receive $4.5 million for public improvements. Mayor Apking said he asked eight months ago for input on what kinds of improvements that Council would want to see and I did not get much input at that time. We will not have to take infrastructure costs from our budget.

Mr. Albrinck stated that there is nothing formally in place that will ever guarantee that the Village will receive the $4.5 million for public improvements. Everything we can do to make this project as successful as possible, including the TIF financing which will relieve funds from Anchor to do other things such as adjustments of rents, or to be able to market it differently, will go a long way in guaranteeing the TIF money after the $4.5 million is paid in the first phase, that the Village will enjoy the benefits of the subsequent payments as we move forward. The project is going forward and we can fight it tooth and nail or we can support it and do everything possible to make this an “A” development. The likelihood that we will receive the benefits of being able to do the roads and the bridges is drastically greater.

Mrs. Smiley-Robertson said she asked the question so Council will think about exactly what we expect or have in place to do it. We need more formality of information to ensure success and we need to communicate with Miller Valentine and Anchor to see if there is anything else we can do to make things more helpful or to attract tenants on a more rigorous basis.

Mayor Apking stated that we passed legislation on the TIF financing, we have gone out for bids and are ready to start and we need to move forward on the bond procedures. Mr. Schaefer said he wanted to see everything in writing that they are doing with the $4 million dollars. If it’s not in writing it does not exist and I don’t understand why we can’t translate the public promises into documents that a developer is willing to sign.

Doug Lohmeier said that this all comes down to trust. In his business he needs to build relationships into partnerships with trust. We are dealing with a credible developer and we have to work on building that trust and that relationship. We need to work closely with Anchor and stay on top of things. Why are we debating things that are water under the bridge? A lot of things still have to go through Planning Commission for approval.

Mrs. Smiley-Robertson said that we need to be sure that we have something in place to safeguard the interest of the Village and that’s the point of discussing it. We have an obligation to do the best for the residents of the Village. I voted for this development because of the respect I have for the business partner across the table and without that I would not have supported it.

Mr. Puthoff spoke on how we are protecting ourselves in a formal fashion. The $4.385 million dollars issuance of bonds is the first round. We will not issue any more bonds if we are not at a point where we can get that money back and they won’t let us issue those bonds if that’s the case. That is one protection that we have. The builder developer has put up their money to cover any overages or problems if the facilities don’t get built and they guarantee the bond. To that point we are protected.

A motion to read Ordinance #06-05 by title only was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the third reading of Ordinance #06-05 was made by Mr. Puthoff, seconded by Mr. Albrinck and Mr. Puthoff, Mr. Albrinck, Mrs. Smiley-Robertson, Mr. Vonderhaar and Mr. Lohmeier voted yes. Mr. Schaefer voted no. Because of the division of council Tim Burke suggested that the first vote be simply on the emergency clause to determine pursuant to the Charter whether or not the votes are there to pass the emergency clause and then vote on adopting the ordinance. Mayor Apking asked for a motion to vote on the emergency clause. A motion to accept the emergency clause was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and Mr. Vonderhaar, Mr. Lohmeier, Mr. Albrinck, Mr. Puthoff and Mrs. Smiley-Robertson voted yes and Mr. Schaefer voted no. The motion passed. A motion to adopted Ordinance #06-05 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and upon roll call Mr. Puthoff, Mr. Vonderhaar, Mr. Albrinck, Mr. Lohmeier and Mrs. Smiley-Robertson voted yes and Mr. Schaefer voted no. Mayor Apking declared Ordinance #06-05 adopted as an emergency measure.

Mayor Apking presented Ordinance 06-09, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH EVENDALE COMMONS LTD. REGARDING THE CONSTRUCTION OF PUBLIC IMPROVEMENTS ON AND IN THE VICINITY OF THE EVENDALE COMMONS SITE  AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-09 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the third reading of Ordinance #06-09 was made by Mr. Puthoff, seconded by Mr. Lohmeier and upon roll call Mr. Puthoff, Mr. Albrinck, Mrs. Smiley-Robertson, Mr. Vonderhaar and Mr. Lohmeier voted yes. Mr. Schaefer voted no. A motion to adopt Ordinance #06-09 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and upon roll call Mr. Puthoff, Mr. Albrinck, Mrs. Smiley-Robertson, Mr. Vonderhaar and Mr. Lohmeier voted yes. Mr. Schaefer voted no. Mayor Apking declared Ordinance #06-09 adopted as an emergency.

Mayor Apking presented Ordinance #06-10, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH HORTON EMERGENCY VEHICLES TO PURCHASE A NEW HORTON TYPE III A AMBULANCE THROUGH THE STATE OF OHIO STS PROGRAM AND DECLARING AN EMERGENCY. A motion to read Ordinance 06-10 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-10 was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance #06-10 as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance 06-10 adopted as an emergency.

Mayor Apking presented Ordinance #06-11, ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR OKI SYSTEMS AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. A motion to read Ordinance 06-11 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-11 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-11 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-11 adopted as an emergency measure.

Mayor Apking presented Ordinance #06-12, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE EVENDALE COMMONS BUSINESS PARK PROJECT PACKAGE #1 - CUNNINGHAM DRIVE OVER THE MILL CREEK BRIDGE STRUCTURE AND DECLARING AN EMERGENCY. Mr. Schaefer asked what form of contract we are using.  James Jeffers said it is the same standard contract as we use for general construction contracts which include all plans and specifications. Mr. Schaefer asked that if there is an omission by the contactor how it is paid for. Mr. Jeffers said that a change order procedure would occur. Based upon the Development Agreement and what funds are available the Village would pay as owner of the contract and then the developer is obligated to reimburse the Village to cover the cost. James Jeffers said that there is a $2 million dollar letter of credit for overages.

A motion to read Ordinance 06-12 by title only was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-12 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-12 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-12 adopted as an emergency measure.

Mayor Apking presented Ordinance #06-13, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE EVENDALE COMMONS BUSINESS PARK PROJECT PACKAGE #3 – SITE ELECTRIC AND TELEPHONE INFRASTRUCTURE AND SITE LIGHTING ALONG EVENDALE COMMONS DRIVE AND CUNNINGHAM DRIVE AND DECLARING AN EMERGENCY. A motion to read Ordinance 06-13 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-13 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-13 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-13 adopted as an emergency measure.

Mayor Apking presented Ordinance #06-14, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE EVENDALE COMMONS BUSINESS PARK PROJECT PACKAGE #2 - GLENDALE MILFORD ROAD AND READING ROAD IMPROVEMENTS AND PACKAGE #4 - EVENDALE COMMONS DRIVE AND CUNNINGHAM DRIVE IMPROVEMENTS AND DECLARING AN EMERGENCY. Mr. Schaefer said we should wait on the Glendale-Milford Road and Reading Road part for another month or so until we get the preliminary report from the Access Management study. He suggested that we go ahead with Package 4 and then add Package 2 later on. Dean Miller from Miller Valentine said that the project manager is hoping to get started. Sequencing the project and how we get construction access to the site is important. They would like to be working on Glendale-Milford Road in April.

Mayor Apking said that we are spending $70,000 on the Access Study. James Jeffers said the area of concentration would be the widening required near the old McSwain property to construct acceleration and deceleration lanes and finish the fills on that portion because that would be the main construction entrance for the site. Reading Road is not as critical. Mayor Apking expressed concerns turning into GE Credit Union and restaurants from Glendale-Milford Road and that is not concluded from the study yet. Mr. Jeffers said that it is mostly striping that would be done there with some median reconstruction to take place but for the most part, striping for a left hand turn lane and the concrete islands will be coming out. It is important to get the fills done for the main construction entrance.

There was discussion on the concern that changes would be made and then the Access Study would come back and what was already done would have to be changed.

Mr. Schaefer made a motion to delete Package #2 from this Ordinance 06-14 so that Reading and Glendale-Milford Roads would not be touched until after the Access Management Study was completed. The motion was seconded by Mrs. Smiley-Robertson. Mr. Schaefer and Mrs. Smiley-Robertson voted yes, Mr. Vonderhaar, Mr. Lohmeier, Mr. Puthoff and Mr. Albrinck voted no. The motion failed.

Mayor Apking said that according the conversation we had with the traffic consultants there will be little changes to Glendale-Milford. Dean Miller said that Glendale-Milford Road is a critical aspect of the project because it will be used for construction traffic since it will take time to build the bridge to access the property from Reading Road. He suggested amending the ordinance with a stipulation identifying the areas to suspend until the study is completed which would recommend no work on Reading Road.

Matt Grever suggested passing the ordinance tonight and getting started with the open knowledge of incorporating the Access Study to Reading Road and Anchor will work with the Village and the Access Management Study folks as far as sequencing goes.

James Jeffers said that if we take out the Package #2 portion of the bid to wait for the Access Management Study then the time limit on the bid will expire and they would have to begin the whole bid process again. To avoid re-bidding we would have to act again before May 1.

Mrs. Smiley-Robertson said that once the contract is signed we loose control of the project and we won’t be working with you, we’ll be working with another contractor. James Jeffers said that as part of the Development Agreement there is a construction management agreement with Miller Valentine to run these projects for you. Mr. Schaefer expressed a concern over creating a traffic hazard with a temporary solution until the study is done.

Mayor Apking said that Jack Cameron would talk to the Access Management Study company so that they concentrate on Glendale-Milford and Reading Roads and get back with us as soon as possible. Mr. Albrinck stated that it makes sense to start the backfill process now on Glendale-Milford Road because the backfill has to occur no matter what the configuration will be.

Tim Burke recommended an amendment adding to the last sentence of Section 1 of Ordinance #06-14, “conditioning the contract the work most likely to be effected by the Access Management Study be delayed until the Access Management Study for the relevant portions of Glendale-Milford and Reading Roads is completed”.

Doug Lohmeier asked whose responsibility it is to get with property owners on the Access Management Study. Jack Cameron said that he had spoken to Norwood hardware, Jewish, Al Neyer, Walgreens, PNC, Surgery Center, Village Crossing; he personally spoke to them all. Kelsey-Edwards will develop the best plan according to them that the Access Management Committee will take back to the property owners.

Mrs. Smiley-Robertson withdrew her second to the motion of deleting Package #2 from Ordinance #06-14 and made a motion to amend the ordinance with the language recommended by Solicitor, Tim Burke. Mr. Schaefer seconded the motion and it was unanimously approved on roll call. Mr. Schaefer suggested working into the construction manager contract a provision to make them delay work until the Access Management Study is complete.

A motion to read amended Ordinance 06-14 by title only was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-14 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #06-14 as amended as an emergency was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared amended Ordinance #06-14 adopted as an emergency measure.

Mayor Apking presented Ordinance #06-15, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO THE FIRST AMENDMENT TO THE GORMAN HERITAGE FARM LEASE AND DECLARING AN EMERGENCY. This deals with both the Trosset house and Dorothy’s life estate. Tim Burke stated that he has talked with Tom Kirkwood and they are preparing an affidavit on Ms. Gorman’s life estate relating to that title that will be filed for the record of her death certificate and extinguish the life estate. This amendment adds to their ability to use both houses and the Trosset property. It becomes part of the overall contract between the Village and Gorman Heritage Farm Foundation.

A motion to read Ordinance 06-15 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 06-15 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #06-15 as amended an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared amended Ordinance #06-15 adopted as an emergency measure.

Mayor Apking presented Ordinance #06-16, AN ORDINANCE ADOPTING THE RESIDENTIAL CODE OF OHIO AS PROMULGATED BY THE OHIO BOARD OF BUILDING STANDARDS, AMENDING SECTIONS 1420.01 THRU 1420.04 OF THE CODIFIED ORDINANCES AND AUTHORIZING A REQUEST TO THE OHIO BOARD OF BUILDING STANDARDS TO CERTIFY THE VILLAGE OF EVENDALE FOR ENFORCEMENT OF THE RESIDENTIAL CODE OF OHIO WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Tim Burke said that Don Mercer recommended this. If we intend to continue to enforce the residential building code, this is now the building code for the state of Ohio. Don Mercer recommended an amendment to the ordinance. Tim suggested we incorporate the amendments into the ordinance and act on it at the April 6, 2006 meeting. A motion to read Ordinance #06-16 by title only was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared this a first reading of Ordinance #06-16.

Mayor Apking presented Resolution #06-04, RESOLUTION DECLARING THE INTENT OF THE VILLAGE OF EVENDALE TO SUPPORT THE CONTINUED EXISTENCE AND OPERATION OF THE MILLCREEK VALLEY CONSERVANCY DISTRICT. Jack Cameron explained that Millcreek Valley Conservancy District Board wants Cincinnati, Sharonville and Evendale to support the Millcreek Valley Conservancy District with $20,000 each for its term of existence and also support the early flood warning system with Sharonville. That is what this ordinance does which complies with the resolution the conservancy put out that was attached to the ordinance. Mayor Apking and I suggested putting $60,000 in the budget to with $20,000 to cover the first year of the shell organization, $20,000 for the early flood warning system and some amount over that for changes.

Jack Cameron suggested an amendment to the ordinance allowing a deadline of April 15 which gives you the ability to agree to the shell organization, support that with Cincinnati and Sharonville, but prior to April 15, 2006 you can submit a letter to Sharonville and Cincinnati to tell them you will not participate next year. This allows the conservancy district to stay in place without losing all of the work that has already been done.

Mayor Apking and Mr. Cameron met with Nancy Elwood who is a member of the Millcreek Watershed Council. It will be a small organization with a lot of power with MSD and the City of Cincinnati involved. Jack Cameron will be on the new Advisory Board. Sharonville and Evendale will benefit from the early flood warning. We plan to enhance the flood warning system. John Vail explained that the early flood warning system was requested to give parameters and go into alarm when we had a flood with an automatic dialer to dial the programmed numbers to notify people in the flood plain to prepare. The early warning system will not do that. It notifies the fire department who then notifies the people on the list. PENN (Personal Emergency Notification Network) will give us the capability to automatically dial as many numbers as we want. Mayor Apking said we will set the amount paid each year. There will be a hydraulic study on the tributaries coming into the Millcreek in Butler County and some in Hamilton County. Tim Burke said that the current board was asking for a very specific resolution. I don’t know how the current board will treat this resolution when it contains the amendment that has been recommended by the group that wants to be the successor board.

Mr. Schaefer made a motion to amend Resolution #06-04 with the amendment that Jack Cameron recommended. Mr. Puthoff seconded the motion and it was unanimously approved on roll call. A motion to read amended Resolution #06-04 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution #06-04 as amended was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt amended Resolution #06-04 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared amended Resolution #06-04 adopted as an emergency.

Mayor Apking presented Resolution #06-05, RESOLUTION EXPRESSING THE OPPOSITION OF THE COUNCIL OF THE VILLAGE OF EVENDALE TO THE TAX EXPENDITURE LIMITATION (TEL) AMENDMENT TO THE CONSTITUTION OF THE STATE OF OHIO. Tim Burke stated that because this Resolution does not adopt a law or affect a contract it does not require three readings and it does not need an emergency clause and that a single reading and a vote is appropriate. Mr. Albrinck asked that Council consider three readings simply to get the word out about the negative impact this would have on the Village and to keep this topic in the forefront of our discussions and considerations. Mr. Lohmeier encouraged Mayor Apking to explain and include this in the Mayor’s Newsletter.

George Snyder spoke. The TEL Amendment will be on the ballot in November. Some negative impacts include that this amendment has a primacy clause which means that if this amendment conflicts with any other part of the constitution this amendment will supercede it. It will also supercede our Charter. It tries to limit the increase that can be spent in a year whether it be the Village or any government entity including the School Board, townships, counties, etc.  It says you can spend 3.5% more than you spent the previous year and that is all. When our health insurance goes up 10-20% per year that will affect everything else you have to spend. This means, for example, that if we have a fire truck on a run and it gets hit by a semi and demolished, even if we get the insurance to replace the truck, we can not spend it. Mayor Apking declared this a First Reading of Resolution #06-05.

Other Items included:

Mr. Lohmeier asked about reminding residents not to put trash out early. On Glendale-Milford Road there is a house being remodeled and they are putting trash out on Friday to be collected on Sunday. Residents should contact Jack Cameron for special pick ups. Mayor Apking said he would put it in the newsletter.

Mrs. Smiley-Robertson asked that when there is a problem getting the Mayor’s Newsletter out is there a way to notify residents that it has been delayed and when it will be out. Mayor Apking said he will do a better job on this.

There being no further business to come before council, a motion to adjourn was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved. Council adjourned at
9:35 pm.


                                                                _______________________
                                                                Mayor

Attest:



__________________________
Village Clerk