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Village Council Minutes 12-08-05
M IN U T E S

The Village of Evendale
Regular Council Meeting
December 8, 2005


The Village of Evendale held a Public Hearing on the preliminary budget for year 2006. There was no discussion. A motion to close the public hearing was made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved.

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 and Mr. Doug Lohmeier. Mrs. Carolyn Smiley-Robertson was delayed due to the snow emergency. Also present were: Chief Fiscal and Accounting Officer, George Snyder; Recreation Director, Dave Nichols; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; 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 November 10 and December 1, 2005 Council Meeting Minutes; CFO Report for November, 2005; Tax Administrator’s Report for November, 2005; current Departmental Reports and the Treasurer’s Report for November, 2005. A motion to accept the consent calendar was made by Mr. Vonderhaar seconded Mr. Albrinck and unanimously approved.

When Mrs. Smiley-Robertson arrived at 7:34 she asked that the December 1, 2005 minutes be revised to reflect that she was appointed to the Hiring Committee after the council meeting.

Mayor Apking gave the Mayor’s Report. Mayor Apking stated that Anchor has signed another tenant for the Evendale Commons, Fifth-Third Bank.

Mr. Albrinck gave the Finance Report and Recreation Report. Receipts for November were $939,000 and expenditures were just over one million dollars. Visit with Santa is this Saturday, December 10th at the Recreation Center. The second open house forum for the trail systems was held Tuesday, December 6th from 7:00 – 8:00pm at the Rec Center and fifteen people attended. Everyone was positive about the possibility of having a trail system that circles Evendale. The Committee plans to walk the proposed trail at Gorman Heritage Farm next week and the committee will start writing for the grant application process in the near future.

Mayor Apking stated that he did not feel the committee was responsible to tell us where the trails would go. Dave Nichols stated that Tom Shanks, Gary Goosman and Sandra Murphy from GHF are on the Committee for the trails and are on board with the proposed trail system.

Mr. Schaefer expressed concern over the language of the grant. He also suggested that if the service department could do the hillsides and mow the upper meadow regularly at GHF that the trails could go forward without a grant. Mr. Albrinck said that the committee is aware of the grant language concerns. Dave Nichols stated that the grant is strictly an Ohio grant from the Ohio Department of Natural Resources.

Mr. Albrinck also stated that the New Year’s Eve party at the Rec Center is planned from 9:00 – 1:00 am with Mainstream as the entertainment and it is $35 a couple. Mayor Apking stated that we needed 150-200 people in order for it to go forward. There has not interest in a New Year’s Eve party at the Rec since the millennium.  

Mr. Schaefer reported on his council committee meeting. He stated that there was no committee meeting for December, however, the Access Management Committee did meet and that they discussed going with certain branders. The folks who are doing this will give us their best shot of what will work best and then they will get input from the businesses. The process will take approximately 4 – 5 months.

Mayor Apking said that two people expressed interest in the Charter Review Committee. Mr. Schaefer said this Committee requires one rep from the Industrial Area (business member), one Council rep and three others.

Mayor Apking presented Ordinance #05-45, ORDINANCE AMENDING SECTION 258.141 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE, DECLARING A DRUG-FREE WORKPLACE POLICY AND THE PROCEDURES FOR ENFORCING SUCH A POLICY. This was the third reading of the ordinance. It will go into effect January 1. Mr. Schaefer explained that Tim Burke has recommended amendments. Chief Foust said that all employees must be tested and the policy must apply to all employees to receive the benefits, therefore, we have to work in a section 260 that will say that the drug policy applies to part-time, seasonal and temporary employees too. Mr. Schaefer made a motion to amend Ordinance #05-45 by adding “and declaring an emergency” to the title, by adding Section 260 which states that what is set out in Section 258 shall also include part-time, seasonal and temporary employees. Section 2 becomes Section 3 and Section 4 will be an emergency clause and Section 2 will say Section 260.15 – “The drug free workplace regulation set forth in Section 258.141 applies to all part-time, seasonal and temporary employees.” The motion was seconded by Mr. Vonderhaar and unanimously approved. A motion to read Ordinance #05-45 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #05-45 as amended as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared amended Ordinance #05-45 adopted as an emergency.

Mayor Apking presented Ordinance #05-46 ORDINANCE REGULATING VICIOUS AND DANGEROUS ANIMALS BY AMENDING SECTION 618.18 AND ADOPTING SECTION 618.19 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. This was the third reading of the ordinance. A motion to adopt Ordinance #05-46 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. This ordinance was not passed as an emergency. Mayor Apking declared Ordinance #05-45 adopted.

Mayor Apking presented Ordinance #05-52, ORDINANCE MAKING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2006 AND DECLARING AN EMERGENCY. There was discussion on line item 210.000.525200 regarding the Capital Outlay funding for Gorman Heritage Farm. Mr. Albrinck stated that he understood that the $40,000 was not going to be an annual contribution. The initial year was $40,000 and it was not going to be allocated ongoing. Mr. Albrinck also stated that there was discussion on what is necessary and as it is needed regarding this allocation of they have a capital need. Mr. Albrinck does not have a problem with the contribution this year but he is concerned with when the financial contributions to the farm will end and how long will we continue to pay these types of contributions.

Mrs. Smiley-Robertson arrived at 7:34pm due to the snow emergency and conditions of the roads.

Mr. Puthoff said that according to the contract it was determined that Gorman Farm would submit to Council a list of capital improvement items each year and it would determined whether or not Council would fund them each year. Mr. Schaefer said that Gary Goosman has met with the Council Committee and has stated that their biggest need is for funding for a larger building to accommodate large groups of school children. Mr. Lohmeier said he is not against Gorman Farm coming to Council and requesting capital improvement expenditure but we hold our department heads responsible to give us a list of capital expenditure item requests to include in the budget and in this case the farm board has not put anything in there. Mr. Lohmeier said we are appropriating money for nothing in particular. Mr. Schaefer said that Gorman Farm would have to come to Council to request and justify the expenditures for Council approval. Mr. Lohmeier’s concern was that there was no forethought by Gorman Farm as to what they may need regarding capital expenditures. Mr. Lohmeier made a motion to lower the amount allocated for capital outlay to Gorman Heritage Farm from $40,000 to $20,000. The motion was seconded by Mr. Puthoff. Mrs. Smiley-Robertson, Mr. Puthoff and Mr. Lohmeier voted yes and Mr. Vonderhaar, Mrs. Schaefer and Mr. Albrinck voted no. Mayor Apking voted no. The Capital Outlay for Gorman Heritage Farm, line item #210.000.525200 will remain at $40,000. The Mayor said Gorman Heritage Farm will have to submit a list of capital items that they anticipate for the year.

Mr. Schaefer said that the contract with Gorman Farm states that after three years they must show evidence that they are making steps toward self sufficiency and it has only been two years. Mr. Albrinck said that of course they will need capital improvements because the farm is in its infancy and is still growing. Mr. Albrinck agreed with Mr. Lohmeier in holding the farm responsible just as Council holds the department heads responsible. Mr. Schaefer said that Council should not penalize them by lowering the amount allocated for capital expenditures.  

Mayor Apking asked George Snyder if there was money in the budget for Cooper Creek. George Snyder stated that $75,000 was allocated. Mayor Apking discussed the Mill Creek. He said that the Mill Creek Conservancy Group wants to disband. The Mayor of Sharonville wants Sharonville, Evendale and Cincinnati to form our own group. Funding required would include $35,000 from the three municipalities mentioned to pay for the set up and liability insurance. The early warning system that they implemented does not do what was intended. It was intended to call the business owners along the Mill Creek to warn them of a flood. It actually calls the Fire Department and they have to call the owners. It would cost $17,000 to each of the three municipalities just to maintain this system.

Doug Lohmeier stated that it is the Mill Creek Conservancy’s responsibility to keep the Mill Creek clean and clear. They have been ineffective over the years and the Village has paid to clean out areas of the Mill Creek. Mayor Apking said he is only asking to budget $60,000 to maintain the Mill Creek system until we know where we want to go with this. Mr. Schaefer said he would like to see a draft agreement of how much money is required for each municipality to contribute and how the money will be used. We need some understanding before we can spend the money. Mr. Puthoff asked if the Conservancy district owns property along the creek and who would take ownership of the property. If this new group takes over for the Mill Creek Conservancy District then the property that they own could be transferred to this new group. If the Mill Creek Conservancy District disbands it is unknown what would happen to the property along the Mill Creek that they own in the process.

Mayor Apking stated that there will be a 16% increase in the flow because of growth in Butler County by 2014.  Mr. Albrinck cautioned Council on forming a relationship with the City of Cincinnati. Mayor Apking said that if we try forming this new group the businesses along the Mill Creek will see that we are trying to do something to help the problem.

Mr. Jack Cameron stated the by forming an organization we don’t loose what has been accomplished this far by the Mill Creek Conservancy District, most importantly the properties along the Mill Creek and everything else that has been gained up to this point. Mayor Lovitt wants to keep it going in the smallest way to hold onto the property. The Conservancy District will vote next Wednesday to dissolve unless someone else wants to take it over. The easements and ownership would be transferred to the new organization.

Mr. Schaefer made a motion to add $60,000 to the budget for Mill Creek Maintenance Project. Mr. Lohmeier seconded the motion and it was unanimously approved on roll call. Mr. Snyder said that line item #101499523422 under Community Environment for the Mill Creek Project will be added to the budget on page three of the ordinance.

Mr. Puthoff wanted to know what the difference was between the Mill Creek Project and the Hamilton County Storm Water District line item #101.499.523420 for $63,000. Jack Cameron said that they are two different things and that the money budgeted for the Hamilton County Storm Water District that the Village is a member of is to fulfill the requirements for Phase II of the EPA Mandates for 2006 to manage storm water run off.

Mr. Albrinck said that the Recreation Department was requesting $18,000 to be added to the budget to purchase a new vehicle to replace the Blazer and Crown Victoria. After discussion a motion to add $18,000 was made by Mr. Albrinck, seconded by Mr. Schaefer and unanimously approved on roll call. George Snyder stated that line item #101.301.525211 would change from $42,000 to $60,720. Mr. Vonderhaar suggested that we donate the other vehicles.

A motion to read Ordinance #05-52 by title only was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the third reading of Ordinance #05-52 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt amended Ordinance #05-52 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared amended Ordinance #05-52 adopted as an emergency measure.

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.  Mayor Apking declared this the Second Reading of Ordinance #05-53.

Mayor Apking presented Ordinance #05-56, AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT ON BEHALF OF THE VILLAGE OF EVENDALE THE TRANSFER OF THE TROSSET PROPERTY AND DECLEARING AN EMERGENCY. Mr. Lohmeier stated that he is in favor of accepting the property by asked what the Village planned to do with it. Mayor Apking said that the Gorman Heritage Farm will maintain it and it will be used to house summer interns. Mr. Schaefer said there are no restrictions on the house. Jack Cameron stated that according to the Village Charter gifts of property must go through the Planning Commission. Therefore, Mr. Lohmeier made a motion to table Ordinance #05-56. The motion was seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #05-56 tabled until January.  

Mayor Apking presented Ordinance #05-57, ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. Mr. Puthoff recused himself from the vote. A motion to read Ordinance #05-57 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 #05-57 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #05-57 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #05-57 adopted as an emergency.

Mayor Apking presented Ordinance #05-58, ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME  EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson raised a question of why some people have two separate pay ranges for two separate part-time positions and whether or not it caused problems for potential implications of full time hours. Mr. Snyder said that if they work overtime that their overtime rate is a blended rate and that there is no administrative problem with doing this. Mr. Schaefer felt that the employee should receive the same pay rate for both jobs. After extensive discussion Mr. Schaefer made a motion to alter the pay rate for those employees with multiple rates to reflect the higher rate. The motion was seconded by Mrs. Smiley-Robertson. Mrs. Smiley-Robertson, Mr. Vonderhaar and Mr. Schaefer voted yes and Mr. Puthoff, Mr. Lohmeier and Mr. Albrinck voted no. Mayor Apking voted yes. The motion passed. A motion to read Ordinance #05-58 as amended by title only was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Vonderhaar, Mr. Schaefer and Mr. Lohmeier voted yes. Mr. Albrinck voted no. A motion to suspend the second and third readings of amended Ordinance #05-58 was made by Mr. Puthoff, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ordinance #05-58 as amended was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #05-58 adopted as an emergency measure.


Mayor Apking presented Ordinance #05-59, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE OPERATION OF THE MUNICIPAL SWIMMING POOL AND DECLARING AN EMERGENCY. A motion to read Ordinance #05-59 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 the Ordinance #05-59 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #05-59 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #05-59 adopted as an emergency measure.

Mayor Apking presented Ordinance #05-60, AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH BETHESDA HEALTHCARE, INC. FOR THE OPERATION OF THE EVENDALE FITNESS CENTER AND DECLARING AN EMERGENCY. Mayor Apking recommended that the ordinance be amended to read as follows: “Section 1: The bid of Bethesda Healthcare, Inc. to operate the Evendale Fitness Center in the amount of $110,926 in 2006, $115,006 n 2007 and $119,254 in 2008, the second and third year of which are options, is hereby accepted. The Mayor is authorized to enter into a contract with Bethesda Healthcare Inc., and after evaluations by the Village Administration, including the Recreation Commission and the Director of Recreation, of Bethesda Health Care, Inc.’s performance in 2006, the Mayor may enter into contracts for the years 2007 ad 2008. The contract shall be in compliance with the bid specifications upon which the bid was based and be in a form satisfactory to the Law Director.” A motion to amend Ordinance #05-60 was made by Mr. Puthoff, seconded by Mr. Vonderhaar, and unanimously approved on roll call.

Mr. Albrinck read an email from the Rec Commission Chair, Mike Flavin stating that the Rec Commission did not provide any recommendations concerning the fitness center. There was only one bid for the fitness center management. Mrs. Smiley-Robertson said that Council needs to know what Rec Commissions recommendations are by our regularly scheduled Council committee meeting in December so they need to start the whole bid process earlier in order to meet that timeframe. The question was raised as to whether or not we need a Tri-Health employee present at all times when the fitness center is open. Mrs. Smiley-Robertson said that we are in a position now to offer this service to the residents.

A motion to read Ordinance #05-60 by title only as amended 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 amended Ordinance #05-60 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #05-60 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved n roll call. Mayor Apking declared Ordinance #05-60 adopted as an emergency measure.

Mayor Apking presented Ordinance #05-61, TRANSFERRING FUNDS AND APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS DECLARING AN EMERGENCY. A motion to read Ordinance #05-61 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 the Ordinance #05-61 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #05-61 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #05-61 adopted as an emergency.

Mr. Vonderhaar made a motion to add Ordinance #05-62, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT FOR GROUP MEDICAL INSURANCE COVERAGE WITH MEDICAL MUTUAL OF OHIO AND DECLARING AN EMERGENCY to the agenda. The motion was seconded by Mr. Lohmeier and unanimously approved on roll call.

Mayor Apking presented Ordinance #05-62, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO CONTRACT FOR GROUP MEDICAL INSURANCE COVERAGE WITH MEDICAL MUTUAL OF OHIO AND DECLARING AN EMERGENCY.  Mayor Apking read Ordinance #05-62 entirely. A motion to suspend the second and third readings of the Ordinance #05-62 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #05-62 as an emergency was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ordinance #05-62 adopted as an emergency measure.


Other Items included:

Mrs. Smiley-Robertson asked that the Minutes for December 1, 2005 meeting be revised to reflect that she was added to the Hiring Committee after the December 1st Council Meeting. She also raised the question of how the Village is monitoring the development of Evendale Commons and whether or not Council will receive a status report on the progress. Mayor Apking said that MR. Schaefer mentioned six months to a year ago that when they are finished grading the land for Evendale Commons it will look like the Sahara Desert and it does. James Jeffers, Stiney, Doug Lohmeier and I went over and looked at the tree line along the creek and they do have markings over there to ensure they do not take more of the trees. Mr. Schaefer mentioned that there is a conservation easement and it should have been marked out before the came in.

Mrs. Smiley-Robertson asked how Council will receive a status report. Mr. Schaefer said the Village Engineer, James Jeffers, periodically updates Council and the Building Inspector’s Reports will update Council. Mrs. Smiley-Robertson’s primary concern is with a project this size is that, from the Village’s perspective, we have a total coordinated effort and we understand that what our expectations are for that project happens. James Jeffers said that Council will receive reports from Don Mercer, the Building Inspector and James Jeffers. Mr. Puthoff mentioned that the trees along the creek are gone because the flood plain must be raised and the trees were in the flood plain. Stiney mentioned that there is a temporary bridge in place where the permanent bride will go.

Mr. Albrinck expected more trees retained on Reading Road based on a conversation with Matt Grever about how they conserved the trees at the Development where Chipolte Restaurant is at Reed Hartman and Cornell Roads. Mrs. Smiley-Robertson thanked the Service Department for getting her to the Council Meeting due to the snow emergency. It took Mr. Lohmeier 2.5 hours to go 6.7 miles due to the six inches of snow in rush hour traffic. Reading Road was at a standstill.

There being no further business to come before council, a motion to adjourn was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved. Council adjourned at 9:25 pm.


                                                _______________________
                                                Mayor
Attest:



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Village Clerk