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Village Council Minutes 05-13-04
M I N U T E S

The Village of Evendale
Regular Council Meeting
May 13, 2004


The Village of Evendale held a Public Discussion Session prior to the Regularly Scheduled Council Meeting. Gordon Geraci, Otterbein Road asked for an update on the situation with the Anchor Development. Mr. Schaefer mentioned that Anchor will be at the Planning Commission on Tuesday, May 18th at 6:00 pm at the Municipal Building to present their initial concept for the development. Everyone is welcome to attend.

The Village of Evendale held its Regular Council Meeting. The meeting was called to order by Mayor Don Apking. Upon roll call, the following members were present: Mr. Bill Puthoff, Jr., Mr. Stiney Vonderhaar, Mr. Jeff Albrinck, Mr. Chris Schaefer, Mrs. Smiley-Robertson and Mrs. Catherine Hartman. Also present were: Village Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers; Police Chief, Gary Foust; Recreation Director, Dave Nichols; Economic Director, Linda Fitzgerald; Public Works Director, Joe Wiehe; Assistant to the Mayor, Lori Radcliff; and Village Clerk, Michelle Ficke. The Village Solicitor, Tim Burke was not present.

Mayor Apking stated that they were changing the agenda moving the Ordinances and Resolutions to the beginning of the agenda.

Mayor Apking presented Resolution #04-13, “Resolution of Appreciation to Jane Stotts, Author “Gorman Heritage Farm, A Rare Gem in Urban America.”  Mayor Apking read the entire resolution. Mayor Apking presented a framed copy of Resolution #04-13 to Jane Stotts. She expressed appreciation to Council and the Historical Society for their support and thanked several others and expressed her wishes for the success of Gorman Heritage Farm. Mayor Apking asked for a motion to read the resolution by title only. A motion to read Resolution 04-13 by title only was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution #04-13 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution #04-13 was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Resolution #04-13 adopted.
 
Mayor Apking presented Resolution #04-14, “Resolution of Appreciation to Ann E. Geise, Artist and Illustrator “Gorman Heritage Farm, A Rare Gem in Urban America.”  Mayor Apking read the entire resolution. Mayor Apking presented a framed copy of Resolution #04-14 to Ann Geise and she expressed her appreciation.  Mayor Apking asked for a motion to read the resolution by title only. A motion to read Resolution 04-14 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 #04-14 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution #04-14 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #04-14 adopted.

Mayor Apking presented Resolution #04-15, “Resolution of Appreciation to Carolyn M. Fisher, Researcher and Collaborator, “Gorman Heritage Farm, A Rare Gem in Urban America.”  Mayor Apking read the entire resolution. Mayor Apking presented a framed copy of Resolution #04-15 to Carolyn Fisher. She expressed appreciation to everyone and wished great success for Gorman Heritage Farm. Mr. Vonderhaar mentioned that the book is available, one per household, available at the Administration Office during business hours or they will be available at the Gorman Heritage Farm during their opening hours.
Mayor Apking asked for a motion to read the resolution by title only. A motion to read Resolution 04-15 by title only was made by Mr. Puthoff, seconded by Mrs. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution #04-15 was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to adopt Resolution #04-15 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #04-15 adopted.  Mayor Apking thanked Jane Stotts, Ann Geise and Carolyn Fisher for their contribution to the book.

Mayor Apking presented Ordinance #04-28, Providing for the Employment of Administrative Assistant to the Mayor and Declaring an Emergency.”  Mrs. Smiley-Robertson stated that the last part of the last sentence in Section 1, “serving at the pleasure of the Mayor”, is in conflict with the Charter and she recommended that we strike it from the ordinance. She mentioned that when she was on the Charter Review Committee they had an extensive discussion about that. Mr. Schaefer mentioned that the Charter is silent on this but the Personnel Code covers all personnel and it is appropriate to strike it because the probation period and everything else is set up through the Personnel Code. Mrs. Smiley-Robertson made a motion to strike “serving at the pleasure of the Mayor” from the last sentence in Section 1 so that it will read “. . . Jack Cameron shall be made a regular full time employee.” The motion was seconded by Mr. Puthoff and unanimously approved on roll call. A motion to read Ordinance #04-28 by title only was made be Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend  the second and third readings of Ordinance #04-28 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-28 was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #04-28 adopted as an emergency measure.

Mayor Apking presented Ordinance #04-19, “Ordinance Authorizing the Mayor to Enter into a Commercial Credit Card Company Agreement with Fifth Third Bank and Declaring an Emergency.” The Mayor stated that this is the Third Reading of the Ordinance. A motion to adopt Ordinance #04-19 as an emergency measure was made by Mrs. Smiley-Robertson, and seconded by Mr. Vonderhaar. Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar and Mr. Albrinck voted yes. Mr. Schaefer and Mrs. Hartman voted no. Mayor Apking stated that Ordinance #04-19 passed four to two, therefore, taking effect in thirty days.

Mayor Apking presented Resolution #04-10, “Resolution Approving a Village Policy Governing the Use of Village Credit Cards and Declaring an Emergency.”  The Mayor stated that this was the Third Reading of the Resolution. Mr. Schaefer stated that he was concerned that our Personnel Code has not been modified to cover misuse of credit cards. Mr. Albrinck read from the Credit Card Policy, “unauthorized use of any credit card issued in the name of the Village of Evendale may be cause for disciplinary action up to and including termination.”  Mr. Albrinck stated that each Department Head needs to set their own policy based on circumstances of issuance. Mr. Schaefer mentioned that Departmental Policies are supposed to be written by the Department and submitted to the Council for approval and he has not seen any departmental policies on credit cards therefore leaving absolute discretion to the department heads. Mayor Apking mentioned that he would sit down with the department heads and develop departmental policies. Mr. Schaefer made a motion to table Resolution #04-10 until the June 10th Council Meeting. Mrs. Hartman seconded the motion. Mrs. Smiley-Robertson questioned the need to table Resolution #04-10 stating that she thought this is an administrative issue and we have people in place that can handle this until we have something in writing. The credit card itself has a limit on it that can’t be exceeded with the understanding that the department heads would have the credit card in their possession until the time someone needed to use it specifically. She suggested that we go ahead and vote on Resolution #04-10.  Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar and Mr. Albrinck voted no to table Resolution #04-10 and Mr. Schaefer and Mrs. Hartman voted yes to table Resolution #04-10. The motion to Table Resolution #04-10 was defeated four to two. A motion to adopt Resolution #04-10 as an emergency was made by Mrs. Smiley-Robertson, and seconded by Mr. Vonderhaar. Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar and Mr. Albrinck voted yes, Mr. Schaefer and Mrs. Hartman voted no. Mayor Apking stated that Resolution #04-10 passed four to two.

Mayor Apking presented Resolution #04-11, “Resolution Adopting a Village of Evendale Investment Policy and Declaring an Emergency”. This was a Third Reading of the Resolution #04-11. Mrs. Smiley-Robertson mentioned that we have a revision to Exhibit A and she made a motion to accept the revised Investment Policy that was revised on May 10, 2004. Mr. Albrinck seconded the motion and it was unanimously approved on roll call. Mrs. Smiley-Robertson mentioned that this was an attempt to get this policy to address some of the concerns of the council members who had some issues with the investment policy. We were able to come up with some degree of specification that did not inhibit us as far as our investments were concerned but allowed us to be in a position where we could all concur. Mr. Schaefer stated that the specific changes were that we put a limit on interim funds, bonds or obligations to the state and no vote money market mutual funds. We also put a limit on the average maturity of the investment portfolio of three years. A motion to adopt Resolution #04-11 as an emergency was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #04-11 adopted as an emergency.

Mayor Apking presented Ordinance #04-26, “Ordinance to Rezone Certain Properties in the Vicinity of 2795 Through 2885 Sharon Road From General Industrial District (GI) to Industrial Truck Center District (ITC) and Declaring an Emergency.” Mayor Apking stated that this is a Second Reading of Ordinance #04-26. Mayor Apking mentioned that there is a Special Council Meeting and Public Hearing on this Ordinance #04-26 on May 28th at 7:00pm. Mayor Apking declared that this was the Second Reading of Ordinance #04-26.

Mayor Apking presented Ordinance #04-24, “Ordinance Authorizing Mayor to Enter into Contract with the Lowest and Best Bidder for 2004 Street Improvement Project and Declaring an Emergency.” A motion to read Ordinance #04-24 by title only was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-24 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #04-24 was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Ordinance #04-24 adopted as an emergency. Mayor Apking stated that the streets that will be worked on this year are Giverny from Glendale-Milford to Carpenters Creek and the upper loop of Sherbrooke. We have received money from the county and we are going to do Reading Road from Cooper Road up until we run out of $118,000.

Mayor Apking presented Ordinance #04-29, Ordinance Authorizing an Agreement Relative to the Improvement of Reading Road Between the Village of Evendale and the Board Of Hamilton County Commissioners and Declaring an Emergency.” James Jeffers mentioned that this is the Municipal Road Fund Grant that is being provided by the county engineer for $118,000 for Reading Road. A motion to read Ordinance #04-29 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck. Mr. Schaefer recused himself from the vote. Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mr. Albrinck and Mrs. Hartman voted yes. A motion to suspend the second and third readings of Ordinance #04-29 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and approved by Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mrs. Hartman and Mr. Albrinck. A motion to adopt Ordinance #04-29 was made by Mrs. Hartman, seconded by Mr. Puthoff and approved by Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mrs. Hartman and Mr. Albrinck. Mayor Apking declared Ordinance #04-29 adopted as an emergency.

Mayor Apking presented Ordinance #04-30, “Ordinance for Flood Damage Reduction and Declaring an Emergency.” James Jeffers said  that the Federal Emergency Management Association in conjunction with ODNR and other facilities in Hamilton County took all the flood plain maps that each community had and made it a county wide system, they revised the maps to satisfy the FEMA flood insurance program in 1986 and 1987. They provided a sample model that we should follow to bring the standards up to what they require under their insurance program for those home owners or business owners that have to carry flood insurance. This ordinance repeals Ordinance #69-86 and Ordinance #29-87. Mr. Jeffers pointed out the misspelling of the word “Ordinance” in the title. A motion to read Ordinance #04-30 by title only as corrected was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #04-30 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #04-30 as an emergency was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-30 adopted as an emergency.

Mayor Apking presented Ordinance #04-31, Ordinance Approving Water Management and Sedimentation Control Plans for Neyra Properties, Inc. and Authorizing Building Commissioner to Issue Permit and Declaring an Emergency.” Mr. James Jeffers stated that the applicant has requested that we postpone the ordinance because they have additional items to satisfy before we address the ordinance. A motion to table Ordinance #04-31 until June 10th was made by Mr. Puthoff, seconded by Mrs. Hartman and unanimously approved on roll call. Ordinance #04-31 was tabled.

Mayor Apking presented Ordinance #04-32, “Ordinance Authorizing Mayor to Hire Part-Time and Seasonal Employees and Setting Pay Rates and Declaring an Emergency.” A motion to read Ordinance #04-32 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 #04-32 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #04-32 was made by Mr. Vonderhaar, seconded by Mrs. Hartman and unanimously approved on roll call. Mayor Apking declared Ordinance #04-32 adopted as an emergency.

Mayor Apking presented Ordinance #04-33, “Ordinance Authorizing Mayor to Hire Part-Time and Seasonal Employees and Setting Pay Rates and Declaring an Emergency.” A motion to read Ordinance #04-33 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck. Mr. Puthoff was recused from the vote. Mrs. Smiley-Robertson, Mr. Vonderhaar, Mr. Schaefer, Mrs. Hartman and Mr. Albrinck voted yes. A motion to suspend the second and third readings of Ordinance #04-33 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar, and approved by Mr. Albrinck, Mrs. Hartman, Mr. Schaefer. A motion to adopt Ordinance #04-33 as an emergency was made by Mr. Albrinck, seconded by Mr. Vonderhaar and approved by Mr. Schaefer, Mrs. Hartman and Mrs. Smiley-Robertson. Mayor Apking declared Ordinance #04-33 adopted as an emergency.

Mayor Apking presented Ordinance #04-34, “Ordinance Authorizing Purchase of a Toro Groundsmaster 4000 or 4100 from State Cooperative Purchase Plan and Declaring an Emergency.” Mr. Puthoff made a motion to Table Ordinance #04-34 and send the issue back to the Council Committee and bring it before Council again at the June 10th meeting. The motion was seconded by Mrs. Smiley-Robertson.  Mrs. Smiley-Robertson, Mr. Puthoff and Mrs. Hartman voted yes. Mr. Schaefer, Mr. Albrinck and Mr. Vonderhaar voted no to table Ordinance #04-34. Mr. Puthoff stated that the proposal came out after the last Council Committee meeting and that it should go back to Committee to discuss. Mayor Apking voted yes to table Ordinance #04-34 and send it back to the Council Committee to discuss. Ordinance #04-34 was tabled.

Mayor Apking presented Ordinance #04-35, “Ordinance Amending Section 258.07 Life Insurance, of the Codified Ordinances of the Village of Evendale and Declaring an Emergency.” Mayor Apking stated that the ordinance will raise this from $50,000 to $75,000. A motion to read Ordinance #04-35 by title only was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of the ordinance was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-35 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #04-35 adopted as an emergency.

Other Items: Mayor Apking mentioned that we ran into some problems with the painting of the swimming pool. There was water coming up through the cracks. James Jeffers stated that it has been temporarily patched and the pool has been painted.  Dave Nichols stated that the locker rooms and pool building will be painted as well.  Mayor Apking stated that the Millcreek Conservancy District got Representative Portman and Representative Chabot to get with the Corp to present a plan to Congress. This group wants to concrete in the Millcreek or put a tunnel under it to solve flooding issues. They want Evendale to donate $100,000 to the Millcreek Interim Funding Agreement to support this project. It will cost $800 million dollars to put in a tunnel, MSD offered to pay $300 million dollars because it will solve a lot of their problems and the other $500 million will come from the Federal Government. Sharonville has contributed $100,000 and recommended that Evendale contribute $100,000 which is an operating expense for the Millcreek Valley Conservancy District. Jim Boothe is on this committee. Mr. Puthoff was concerned that we would spend this money as we have in the past and we will see no results. Mr. Schaefer was concerned how it will affect our budget. Mr. Albrinck stated that if there is an 80-90% chance of investing the funding and seeing the project concluded through Evendale then it is worth it. However, if it is a 2% chance up from a 1% chance of seeing the completion of the project through Evendale then it is not worth the investment. Mr. Puthoff stated that it is something that needs to be address and we need to get it done but my concern is that we will give this money and in five years will again see no results. If we’ll see results then I am willing to fund it. Mrs. Hartman said we have been funding this project for decades and have nothing to show for it. Jeff Albrinck asked that Jim Boothe come to the June 10th Council Meeting to address this issue.

Jeff Albrinck stated that the sign for Story Book Kids is in very bad condition and that Council rushed a sign variance through for them at least a year ago and the sign is rusted and the wood is decaying. The sign still has not been changed.

Mrs. Smiley-Robertson had to leave the meeting at 8:00 pm.

Mayor Apking presented the consent calendar. A motion to accept the consent calendar was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call.

Mayor Apking gave the Mayor’s Report.  He stated that on Wednesday, May 19th at Best Western in Springdale is the RCP Power Lunch. Dr. Spencer Crew, Executive Director and CEO of the National Underground Railroad Freedom Center, will be the speaker. Cost is $15 for members and $20 for non-members. Mayor Apking commented on the properties in Evendale that are no being kept in an acceptable manner. He stated that the National Bowling Association and the Trosset property which belongs to the Cincinnati Nature Center are not being kept up. The grass is very long. The property on Woodleigh has been sent paperwork and will be in court in two weeks. We can’t find the woman who owns the property on Otterbein that has been neglected. We are following up on these properties.

Jeff Ficke gave the Gorman Heritage Farm Foundation Report. He mentioned that Saturday, May 8th Opening of the Farm was a success. Approximately 1300-1400 people attended the opening. He mentioned his appreciation for the support of the Village and all volunteers. The Recreation Team and the Service Team were extremely helpful. He thanked Bob Griffin for his contribution to the Foundation of the original artwork that be purchased from Ann Geise of the Gorman bank barn on the farm. Mr. Ficke also stated that they are actively searching for an Executive Director for the Gorman Heritage Farm. The board is currently working on long term planning process and he asked for patience since they are a start-up foundation. Volunteers are extremely important to the success of the farm. On opening day we started a membership drive which will be an important component of the overall success of the farm. He reported that a goat had been stolen from the farm, taken to Lincoln Heights, tied up and intentionally attacked by two pit bulls. Chief Foust said they have a suspect and are actively working on the case. The Farm Foundation has already begun corrective actions to prevent future theft.

Mayor Apking mentioned that the Village Solicitor is not present because his wife became very ill today and was rushed to the hospital.

Mr. Schaefer gave the Police Report.  He mentioned that they had no Police Committee Meeting because Chief Foust’s son was the number one honored graduate from boot camp and was home for a few days.

Mr. Vonderhaar gave the Fire Department Report. He stated that a student from St. Rita’s School for the Deaf won with their entry of the poster contest for the state fire marshal’s fire safety calendar. We have been awarded a state grant for EMS for over $2,000 to purchase equipment. Also, $7,880 for equipment was also granted from the state fire marshals. The Kiwanis club gave $250 to purchase bike helmets.

Mr. Albrinck gave the Recreation Department Report. The Fine Arts Exhibit on the weekend of April 16 was a great success. Over 170 works of art were display and over 300 visitors attending. The 2004 Pavilion schedule will come out later this month. The swimming pool opens to the public on May 29th at 10:00 am.

Mr. Schaefer gave the Service Department Report.  There was discussion about the mower. The Service Department did spend a lot of time getting the Gorman Farm ready for opening day, mowing the trails and upper pasture. They have completed moving the dirt from Griffin property to Churchill property.

Mr. Albrinck gave the Finance Department Report. Last month’s income was $1.2 million, expense were just under $1.1 million and the encumbered balance as of April 30 was $14,335,000.

Linda Fitzgerald gave the CIC report. CIC had a joint meeting with the Planning Commission on April 20 and the two groups saw a presentation from Pogemeyer Design Group on Reading Road Revitalization Plan. The next meeting is June 7th considering an enterprise zone agreement that will be considered by the CIC. Their recommendation will go before council for your recommendation to the Hamilton County Board of Commissioners. Mr. Schaefer mentioned that the joint meeting minutes contained some numerical errors that Pogemeyer gave and they have been corrected in the report. Anchor will attend the Planning Commission meeting on May 18 at 6:00 pm for their review of the Planned Business Development. Dave Harwood mentioned he will distribute the revised report that reflects the correct numbers of Pogemeyer’s projections.

James Jeffers gave the Engineers Report. He thanked Rauch Excavating, the demo contractors for Imperial Lodge Motel for working hard to clear all of the debris before the grand opening of Gorman Farm on May 8th. The hole in the landscaping island at Reading and Glendale-Milford Roads has been filled.

There was no Gorman Heritage Farm Council Report.

Dutch Speidel spoke about the Morgan’s Raid Memorial Plaque. ODOT is the major contributor (75% of the cost). They have restrictions on placement of the sign. There are four signs and one plaque. It will be next year before the signs will be installed.


Mr. Vonderhaar stated that he is working with RCIC to see about signing the council meetings. The Fire House Chili is Wednesday, June 16th from 11:00 am to 1:00 pm sponsored by the Fire Department and the Evendale Chamber of Commerce. July 14th is the Chamber Golf Outing at Crooked Tree Golf Course. More information is available at www.evendalechamber.org. Mayor Apking stated that we are working with surrounding communities on the Getting to Know You Picnic. He asked for contacts to get contributions for the picnic. There will be 400-500 people from surrounding communities attending.

Mrs. Schaefer mentioned that the Surgery Center Sign Committee met. Linda Fitzgerald stated that she spoke with Patricia Cole from Al Neyer, Inc., Director of Asset Management to find out the status of the design issue. Ms. Cole said that Dr. Mangel and Otto Bauer-Nelson had met with her and the owners of the center, David Neyer of Al Neyer, Inc. and Rick Kimbler who is also 50% owner of the center. The owner group declined the location of the sign based on their anticipation that the Pizza Hut building will be demolished in the future to make room for new retail space. The owners were concerned about making a commitment to put the sign in front of the Pizza Hut. Patricia Cole will meet again with the owner’s group and make sure that Mr. Kimbler and Mr. Neyer are present to find an alternate location on Al Neyer, Inc. property. Mr. Puthoff stated that we do want to work with them to find a good solution.  Chuck Melampy asked that a mailbox be placed somewhere in the village to drop outgoing mail in to prevent identity theft. Mayor Apking stated that he would check with the postmaster.

Mayor Apking asked for a motion to adjourn. Mr. Vonderhaar made a motion to adjourn. The motion was seconded by Mr. Albrinck and unanimously approved on roll call. The meeting adjourned at 8:30 pm.

                                                _______________________
                                                Mayor

Attest:

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Village Clerk