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Village Council Minutes 10-14-04
M I N U T E S

The Village of Evendale
Regular Council Meeting
October 14, 2004


The Village of Evendale held a Public Discussion Session 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, Mrs. Catherine Hartman and Mrs. Smiley-Robertson. Also present were: Village Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers;  Recreation Director, Dave Nichols; Public Works Director, Joe Wiehe; Police Chief, Gary Foust; Economic Development Director, Linda Fitzgerald; Assistant to the Mayor, Jack Cameron; 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. A motion to accept the consent calendar was made by Mr. Vonderhaar seconded by Mrs. Hartman and unanimously approved on roll call.

There was a presentation given by Princeton City Schools including Aaron Mackey, Superintendent;  Larry McDonough, Treasurer; Lon Stetler, Assistant Superintendent/Curriculum, Instruction and Assessment; and Fred Pensinger, District Construction Manager. They gave an update regarding student achievement, new facilities and financing for Princeton City Schools.

Mr. Schaefer mentioned that Planning Commission will be this Tuesday, October 19th at 6:00 and the architect for the new Evendale School facility will be making a presentation at that time. All are welcome to attend and ask questions.

Mayor Apking presented Princeton with a tax abatement check for $158,000 from the Village of Evendale.

Mayor Apking gave the Mayor’s Report. Our Public Works Department entered a contest and was number one out of sixty. Shannon Lynch placed first in the snow plow driver competition. He congratulated the Service Department for their achievement and great service.

On October 29th the Recreation Department will have a Sweetest Day Dance from 8:00 – 11:00.

The Village received another award for our islands on Reading Road and Glendale-Milford Roads. Jeffrey Allen is the contractor and he will receive an award in Columbus this week.

Mayor Apking changed the Council Committee Meeting date from Tuesday, November 2 to Wednesday, November 3rd. This will be a special council meeting to discuss the budget at 7:00 on November 3rd.

The Mayor stated that we cannot, as a Village, send out any materials asking voters to vote yes to raise the earnings tax to .2%. The Mayor has prepared a flyer and paid for it personally. He asked that Council help to distribute the flyers and to be present on Election Day to encourage people to vote yes on Issues 12 and 13. Feel free to call the Mayor or Jack Cameron if you have any questions regarding the Issues that will be on the ballot November 2.

Mayor Apking announced that Halloween Trick or Treat will be on October 31st from 6:00 – 8:00 pm.

Last Month Chief Foust and Mayor Apking attended a banquet with MADD (Mothers Against Drunk Driving) which included Dayton and south. An award was given to Officer Stephen Roach who had approximately 70 DUI arrests last year. The Mayor presented Officer Roach with a plaque. Officer Roach stated that he was unable to attend the banquet because he was married and on his honeymoon with his wife, Beth, who is a Blue Ash Police Officer, at the time of the banquet. He commented that the department is working hard to take drunk drivers off the streets.

Jeff Albrinck gave the Finance Report and stated that last months receipts were around $720,000 and expenses were $1.2 million. The end of year unencumbered balance is expected to be around $11 million dollars. Mr. Albrinck stated that in order to maintain the services and benefits in the Village we must support the .2% tax increase on November 2 to have the resources to do it.

Jeff Albrinck gave the Recreation Report. Halloween Fest at the Village of Evendale will be on October 23, from 6:00 – 10:00. Sign up at the Recreation Center. Cost is $1 per person before October 19th and $2 per person after October 19th .

The Mayor appointed Chris Schaefer, Jeff Albrinck and himself to a committee to look at Health Insurance for next year in greater detail. Mr. Vonderhaar and Mrs. Smiley-Robertson stated that they have been discussing health insurance in their council committee meetings. Mayor Apking wanted to look at being self-insured and catastrophic insurance and stated that it is our fiscal responsibility to look at this closer. Mr. Albrinck stated that council has been looking outside the box but that they could discuss it further.

Mayor Apking presented Resolution #04-30 RESOLUTION IN APPRECIATION OF STEVEN J. BERKE. A motion to read Resolution 04-30 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 their readings of Resolution 04-30 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-30 as an emergency measure was made by Mrs. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Resolution 04-30 adopted as an emergency and presented Steven Berke with a framed copy of Resolution 04-30. Mr. Berke commented that one person does not make the swimming program a success but all of the parents who volunteer are what makes it successful. In 1990 there were 85 swimmers on the swim team and in 2004 Evendale had 190-210 swimmers.

Mayor Apking presented Resolution 04-31A, RESOLUTION GRANTING A SIGN VARIANCE FOR THE VALLEY THRIFT STORE AT 9840 READING ROAD. Mr. Vonderhaar stated that the sign variance committee met and unanimously voted to approve the sign as requested with the condition that they remove the pole sign that is currently in front of the building. Mr. Schaefer was concerned that the tower was a different color than the building because the Planning Commission approved that the tower be a uniform color with the building and no identification of a different color was presented. Pat Walsh, owner of Valley Thrift, stated that the metal red roof is baked on and cannot be changed, however the tower could be painted to match the building. The sign is to be mounted on the white part of the tower. Mr. Albrinck, Mrs. Hartman and Mrs. Smiley-Robertson stated that they have received negative comments concerning the tower. Mrs. Smiley-Robertson stated that she did not expect the tower to be a different color. Mr. Puthoff stated that opening up the corner at Cooper and Reading has made a world of difference and asked Mr. Walsh to change the color of the tower to conform. Mr. Walsh stated that he has already contracted to have the sign lettering done in bright red and that he could paint the tower to match the building to conform. Mr. Schaefer stated that Mr. Walsh has done a very good job on enhancing the building, parking lot and landscaping and that his concern was that the color did not conform to what was presented to Planning Commission. A motion to read Resolution 04-31A 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 the Resolution as made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Resolution 04-31A was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Resolution 04-31A adopted as an emergency.

Mr. Puthoff made a motion to indefinitely table Resolution 04-31B, RESOLUTION DENYING A SIGN VARIANCE FOR THE VALLEY THRIFT STORE AT 9840 READING ROAD. The motion was seconded by Mr. Vonderhaar and unanimously approved on roll call. Resolution 04-31B was tabled indefinitely.

Mayor Apking presented Resolution 04-32A, RESOLUTION GRANTING A SIGN VARIANCE TO VILLAGE CROSSINGS LOCATED AT 10400 READING ROAD TO REPLACE AN EXISTING GROUND SIGN ALONG GLENDALE-MILFORD ROAD WITH A 258-SQUARE FOOT GROUND SIGN.  Mr. Vonderhaar stated that on September 13th the Sign Variance Committee met and unanimously approved the sign. Patty Cole, Director of Asset Management representing Al Neyer, Inc., owners of the Valley Crossings Shopping Center and Vince Klusty, with Victory Signs, who was hired by the center to design and replace the existing ground sign spoke. The existing ground sign is sixteen feet wide and sixteen feet high. The new sign will be twenty-four feet high and twelve feet wide.  There was extensive discussion on the signage. Mr. Puthoff commented that PNC bank and US Bank should not be on the sign because they already have signage. Mr. Puthoff was concerned about future development and sign space availability. Mr. Schaefer stated that Penny Pinchers, the last twelve feet of the center by Reading Road and Hardees were supposed to be torn down and have been empty for years. The center looks like “hodge podge” and the buildings have not been torn down. If Neyer proceeds with tearing down the buildings the shopping center vacancies could be more desirable from a marketing aspect. Neyer needs an overall plan for the center. Mr. Puthoff stated that there was discussion on moving bushes from the right of way in front of the Pizza Hut to help with sign visibility. Patty Cole said the developers, David Neyer and Rick Kimbler, met and decided not to move the bushes. Linda Fitzgerald suggested that a meeting be set up with the Mayor, herself and Rick Kimbler and David Neyer to address these issues with the Valley Crossings Development. A motion to read Resolution 04-32A 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 04-32A was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Resolution 04-32A was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Resolution 04-32A adopted as an emergency measure.

Mr. Puthoff made a motion to indefinitely table Resolution 04-32B, RESOLUTION DENYING A SIGN VARIANCE TO VILLAGE CROSSINGS LOCATED AT 10400 READING ROAD TO REPLACE AN EXISTING GROUND SIGN ALONG GLENDALE-MILFORD ROAD WITH A 258-SQUARE FOOT GROUND SIGN . The motion was seconded by Mr. Vonderhaar and unanimously approved on roll call. Resolution 04-32B was tabled indefinitely.

Mayor Apking presented Resolution 04-33, AMENDED AND RESTATED RESOLUTION OF THE COUNCIL OF THE VILLAGE OF EVENDALE OF HAMILTON COUNTY, OHIO REGARDING POLICE DEPARTMENT EMPLOYEES AND DECLARING AND EMERGENCY.  George Snyder stated that the Village has never passed legislation to withhold deductions on a pre-tax basis. This is standard practice for Evendale. The money comes directly from the employee’s paycheck and the Village is not paying the ten percent. A motion to read Resolution 04-33 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 Resolution 04-33 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-33 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution 04-33 adopted as an emergency measure.

Mayor Apking presented Resolution 04-34, AMENDED AND RESTATED RESOLUTION OF THE COUNCIL OF THE VILLAGE OF EVENDALE OF HAMILTON COUNTY, OHIO REGARDING FIRE DEPARTMENT EMPLOYEES AND DECLARING AND EMERGENCY. George Snyder said that a resolution was never filed that stated that we were deducting this from employees paychecks on a pre-tax basis. This resolution simply fulfills that obligation. A motion to read Resolution 04-34 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution 04-34 was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution 04-34 was made by Mrs. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Resolution 04-34 adopted as an emergency measure.

Mayor Apking presented Resolution 04-35A, RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION & AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. Mr. Puthoff stated that this is our part of not increasing our income through the Village residents. Mr. Albrinck clarified that the increase in the earnings tax rate of .2% would represent $1.8 million dollars and only $100,000 comes out of residents’ pockets instead of $800,000. Mr. Schaefer pointed out that employees of businesses pay the earnings tax and the owners of the business pay the property tax and by keeping the property tax down it makes Evendale a less expensive place and more attractive place to do business. We want to encourage businesses to come here. A motion to read Resolution 04-35A 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 Resolution 04-35A was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Resolution 04-35A was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Resolution 04-35A adopted as an emergency measure.

Mr. Vonderhaar made a motion to indefinitely table Resolution 04-35B, RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDET COMMISSION & AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYNG THEM TO THE COUNTY AUDITORY.  The motion was seconded by Mr. Puthoff and unanimously approved on roll call. Resolution 04-35B was tabled indefinitely.

Mayor Apking presented Ordinance #04-60, ORDINANCE AUTHORIZING THE POLICE DEPARTMENT, WITH APPROVAL OF THE MAYOR, TO DISPOSE OF A VEHICLE NOT NEEDED FOR ANY VILLAGE PURPOSE AND DECLARING AN EMERGENCY. A motion to read Ordinance #04-60 by title only was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-60 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #04-60 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-60 adopted as an emergency.

Mayor Apking presented Ordinance #04-61, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance 04-61 by title only was made by Mr. Puthoff seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-61 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance 04-61 was made by Mrs. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance 04-61 adopted as an emergency.

Mayor Apking presented Ordinance #04-62, ORDINANCE APPOINTING MICHAEL SCHWARTZMAN TO THE PLANNING COMMISSION WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson asked to amend the first paragraph of the ordinance to spell Judi King correctly. A motion to read Ordinance #04-62 as amended 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 amended Ordinance 04-62 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt amended  Ordinance 04-62 was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared amended Ordinance 04-62 adopted as an emergency.  

Mayor Apking presented Ordinance #04-63, ORDINANCE APPOINTING LYNN WATTS TO THE ZONING BOARD OF APPEALS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY.  Mrs. Hartman stated that when we select someone for a board we want someone that loves the Village and puts the best interest of the Village above their own agenda. I don’t feel we are picking someone that fits this criteria and I cannot support this decision. Mrs. Smiley-Robertson commented that she disagreed and that putting the best interest of the Village first does not mean you have to agree with everything that the council does. Mrs. Smiley-Robertson said that we need to look for people who have good critical thinking skills for boards of appeals and someone who can make decisions based on not who is submitting it but what is required . Mrs. Hartman stated that she served on a Village board with Ms. Watts and when we presented a program to the Village concerning entertainment at the pavilion she did not say is this a good thing for the Village, she said what’s in it for me. She also stated that she has watched what has gone on in the Village over the past few years and I do not think this is a good appointment. Mayor Apking stated that after interviewing people he tries to pick the best candidate. They did not have many people come forward to fill these positions. He is very comfortable with the two appointees he is recommending but it is up to Council to approve or disapprove. He appreciates Mrs. Hartman’s honesty. A motion to read Ordinance 04-63 by title only was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 04-63 was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance 04-63 was made by Mrs. Hartman, seconded by Mrs. Smiley-Robertson and Mrs. Smiley-Robertson. Mr. Puthoff, Mr. Vonderhaar, Mr. Schaefer and Mr. Albrinck voted yes and Mrs. Hartman voted no. Mayor Apking declared Ordinance 04-63 adopted as an emergency.

Mayor Apking presented Ordinance 04-64, AMENDING THE PROVISIONS OF THE ZONING CODE OF THE VILLAGE OF EVENDALE TO ADD DEFINITIONS OF “GARAGE” AND “STORAGE STRUCTURE” AND TO PROVIDE FOR AMENDED REGULATIONS FOR ACCESSORY STRUCTURES AND DECLARING AN EMERGENCY. A public hearing date was set for December 9th at 7:00. This was a first reading.

Mayor Apking presented Ordinance #04-65, ORDINANCE AMENDING THE PROVISIONS OF THE ZONING CODE OF THE VILLAGE OF EVENDALE TO CLARIFY PUBLIC HEARING REQUIREMENTS AND DECLARING AN EMERGENCY. A public hearing date was set for December 9th at 7:00. This was a first reading.

Other Items included:

Mrs. Hartman mentioned that the Bicentennial gardens need to be better maintained. It looks drab compared to what it looked like originally.

Mr. Vonderhaar mentioned that December 8th is the date of the Evendale Chamber of Commerce Holiday Party. Meet and greet at 5:30 with dinner at 6:00.

Mrs. Smiley-Robertson mentioned that the Princeton City Schools Community Officials Night at the Friday, September 17 football game was not well represented with officials from Evendale. Mr. Vonderhaar and Mrs. Smiley-Robertson were the only officials present from Evendale.

There was discussion regarding the presentation of Resolutions of Appreciation for those people who have served on a board or commission. It was determined that the people who put so much time into serving the Village should be recognized and given a resolution. Resolutions of Appreciation will be included in the consent calendar.

Don Hill spoke and stated that exiting the Municipal grounds on to Reading Road is dangerous because of lack of visibility due to the signs posted at the exit. The Village will look into this matter. Phil Schneider stated that rental property on the right hand side of Glendale-Milford Road has three cars up on blocks in the drive. Mayor Apking said he would look into it.

Mr. Schaefer stated that Kay Bostrom will be resigning from Planning Commission in December and recommended that an appointment be made to replace her in November so they can sit in on one meeting before Kay resigns.

Mayor Apking asked for a motion to adjourn. Mrs. Smiley-Robertson made a motion to adjourn. The motion was seconded Mr. Puthoff and unanimously approved on roll call. The meeting adjourned 9:00 pm.



                                                _______________________
                                                Mayor

Attest:

__________________________
Village Clerk