M IN U T E S
The Village of Evendale
Regular Council Meeting
January 12, 2006
The Village of Evendale held a public discussion prior to the regularly scheduled council meeting. James Owens asked if the Village would consider building a Skateboarding park in the Village that would require 2080 square feet of space. Mayor Apking suggested the space near the upper soccer field. James Owens will meet with the Recreation Commission to discuss this further.
Mayor Apking showed the new street signs that the Village is proposing in order that the street signs be more visible at night. Joe Wiehe, Service Director, said that they are just like the signs in Montgomery. They are made of a reflective material and would be mounted on the existing sign posts. Mayor Apking said it would be $6400 to repaint our current signs and $4,300 to have the new reflective signs mounted to the existing posts.
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; Recreation Director, David Nichols; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Fire Chief, John Vail; 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 December 8, 2005 Council Meeting Minutes; CFO Report for December, 2005; Tax Administrator’s Report for December, 2005; current Departmental Reports and the Treasurer’s Report for November and December, 2005. A motion to accept the consent calendar was made by Mr. Vonderhaar seconded Mr. Lohmeier and unanimously approved.
Mayor Apking gave the Mayor’s Report. Mayor Apking said that there is approximately one million dollars in the budget for street projects for 2006. The streets that are scheduled to be repaired include Carpenters Creek, Fawn Run, Evendale Drive, Briton Trail and Carpenters View. Chris Schaefer requested that a list of all the streets in the Village and when they were last repaired be presented to council so we can anticipate what is coming. James Jeffers will make a list and distribute it at the next Council Committee Meeting. Mayor Apking mentioned that Lamarc Trail and Otterbein will be repaired in 2007 and Cooper Road and Glendale-Milford Road will be repaired after the Evendale Commons project is completed.
Mayor Apking then stated that he would like to renew the landscape project contract for this year. Jeff Albrinck asked when the road work for the Evendale Commons would be done on South Reading Road. Matt Grever from Anchor said the work would be done in the Fall of 2006.
Mayor Apking asked for volunteers to be on the Charter Review Committee. He has had one person come forward to be on the committee. Anyone else interested should contact Jack Cameron or the Mayor.
Mayor Apking stated that there is $75,000 in the budget for work in Cooper Creek. He asked what council committee would handle this. Chris Schaefer stated that since his committee includes Engineering and Service Department that they would look at it.
One fireman has quit and has taken a job with the Cincinnati Fire Department. Mayor Apking would like to place an ad to hire another fireman.
Tom Stautberg, President of the Evendale Chamber of Commerce, presented Fire Chief, JohnVail with a check for $1,500, proceeds from the Firehouse Chili Luncheon. Chief Vail said that the money will go back to the community to be used for Operation Safe House.
Mayor Apking presented the proposed new street signs. He said it would cost the Village $4,300 to convert the signs to the new more visible signs. Doug Lohmeier asked if the money had been appropriated. Chris Schaefer said that the money would have to be transferred in an ordinance and that it could come before council next month for official approval.
Mr. Schaefer reported on his council committee meeting. They met last week and the unaudited financials for the year for Gorman Heritage Farm were distributed to council tonight. Their gross income was $233,000 more than our contribution. There was a projection when they started business and they were about $75,000 ahead of projections for that year. The process to have a separate endowment fund is underway and they are making progress. The Gorman Farm Foundation will meet with our committee every quarter.
Gary Goosman reported on Gorman Heritage Farm. Dorothy Gorman’s funeral reception was at the farm last week and we are looking for a way to leave a long lasting tribute to Dorothy on the farm. The family house will eventually be occupied by staff for added security. An assessment on what is necessary to renovate the residence needs to be conducted and estimates obtained. We have included $12,000 in our capital expenditures for house renovations.
Activities at the farm include school groups beginning in late February; three to four days a week in March, April and May. Summer Camp registration is on the Gorman Farm Website. There are some changes to the camp to attract last summer’s participants to return again this year. Last summer’s sessions were full and the camps induce new memberships. This year we will have eleven weeks of sessions over the summer with thirty children per group.
We are accepting gifts in memory of Dorothy. We have received twenty seven gifts totally $3,500 this week alone in memory of Dorothy Gorman. This will go into the endowment that is established. The Board of Directors of the farm approved last month the final policies and investments strategies and gift acceptance policies that were needed legally to be put in place to have the endowment. The $50,000 from Anchor is in a separate account now. The Boards has left to establish an investment committee that says this is where we want to put the money and this is who we want to manage the money.
Shear Excitement will be held the first weekend in April. Sheep shearing, spinning and weaving will take place.
Jeff Albrinck asked about the fill dirt that is being moved to the upper meadow near Briton Trail and asked Gary to clarify what is going on there. Gary Goosman said that the workers on Cooper Road asked David Lemen if they could part their trailer on the edge of the farm. They also asked if they had a place to put some fill dirt and were told they could take it to the upper meadow. Mr. Goosman learned this at the staff meeting on Tuesday and he informed David Lemen that he needs to inform Gary before giving permission to do something like this so that they can communicate to residents what is going on. Mr. Albrinck said residents called when they saw dump trucks going up Briton trail and into the meadow concerned about a new development being built there.
Gary Goosman said they are discussing plans for the upper meadow currently. One possibility would be to build a shelter house for residents to use for picnics or family reunions. They may cut a maze in the meadow for folks who use the trails at the farm.
Carolyn Smiley-Robertson congratulated the Evendale Fire Department Combat Challenge Team. They placed third in the regionals at Evansville, Indiana, 12th nationally and 21st in world standings.
Mr. Albrinck gave the Finance Report. Total Receipts for 2005 were just over $13 million and expenditures were just over $11 million dollars. We were left with $2 million dollars extra in the budget.
Mayor Apking presented the third reading of 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 stated that council was not ready to act on this. There is another meeting scheduled for the 24th of January. A motion to table Ordinance #05-53 until the February 9th council meeting to give committee an opportunity to meet with them again and report back to council was made by Mr. Lohmeier, seconded by Mrs. Smiley-Robertson and unanimously approved.
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. Mrs. Smiley-Robertson stated that the language in the emergency clause needed to be changed because it says the transfer would be complete by the end of this calendar year. Tim Burke said that the original emergency clause was written to accommodate the Nature Center’s request that the transfer be accomplished by the end of the year and we did not amend it. The Nature Center would still like to see this completed as quickly as possible. Mr. Burke recommended the following alternative emergency clause: “This ordinance is declared to be an emergency measure by a concurrence of six members of
Council, it being found to be necessary to preserve the public peace, order, safety, health or welfare of the Village of Evendale, or to provide for the daily operation of a department or office of the Village of Evendale. It is necessary that this measure be put into immediate effect in order to ensure that this transfer may be completed as quickly as possible as desired by the Cincinnati Nature Center, the donor of the property, and to insure that the house is adequately maintained during the remainder of the winter season. Therefore, this ordinance shall become effective immediately.” A motion to amend Ordinance
#05-56 emergency clause as mentioned above was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved. Mr. Lohmeier asked if Gorman Farm will be responsible for the occupancy and upkeep of the building. Mayor Apking said they plan to occupy it right away and get in there and clean it up. A motion to read amended Ordinance #05-56 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 #05-56 was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt amended Ordinance #05-56 as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared amended
Ordinance
#05-56 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-01, ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-01 by title only was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-01 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #06-01 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #06-01 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-02A, ORDINANCE GRANTING SIGN VARIANCES FOR THE NEW EVENDALE SCHOOL AND DECLARING AN EMERGENCY and Ordinance #06-02B, ORDINANCE DENYING SIGN VARIANCES FOR THE PRINCETON SCHOOL DISTRICT FOR THE NEW EVENDALE ELEMENTARY SCHOOL. Mr. Vonderhaar motioned to act on Ordinance #06-02A. The motion was seconded by Mr. Schaefer and unanimously approved. There was discussion on the fact that the sign will not be illuminated from 10:00 pm to 7:00 am as is written in the Village zoning code when an illuminated sign is in a residential area. A motion to read Ordinance #06-02A 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 #06-02A was made by Mrs. Smiley-Robertson, seconded by
Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #06-02A as an emergency was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-02A adopted as an emergency measure.
A motion to table Ordinance #06-02B, ORDINANCE DENYING SIGN VARIANCES FOR THE PRINCETON SCHOOL DISTRICT FOR THE NEW EVENDALE ELEMENTARY SCHOOL, was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved. Ordinance #06-02B was tabled indefinitely.
Mayor Apking presented Ordinance #06-03, AN ORDINANCE DELCARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE VILLAGE OF EVENDALE, OHIO TO BE A PUBLIC PURPOSE; DECLARING SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; DESIGNATING PUBLIC IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; AUTHORIZING THE EXECUTION OF A SERVICE PAYMENT AGREEMENT WITH THE PROPERTY OWNER; AUTHORIZING THE EXECUTION OF A TAX INCENTIVE AGREEMENT WITH THE PRINCETON CITY SCHOOL DISTRICT AND EVENDALE COMMONS LTD; AND ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND. Mr. Schaefer recused himself from the discussion because of conflict of interest. Mrs. Smiley-Robertson and Doug Lohmeier asked if the questions that were raised by Chris
Schaefer would be addressed. Brian Seedhouse from Fifth-Third bank who would issue the bonds was present as well as Tom Leubers to answer questions.
Mayor Apking stated that he had a conversation with Anchor a long time ago about a TIF agreement. At the time the Mayor said no there will not be a TIF. Chris, Stiney and the Mayor went to Akron to a meeting of the Ohio Municipal League and he learned more about TIFs and he did not realize how many communities around us utilize this TIF arrangement to the benefit of the municipality. Initially we talked about Anchor taking care of the streets. Planning Commission and Council agreed that it would be in our best interest to take control of the streets maintenance so that they would be to our standards. Anchor will receive $4M dollars to do the streets and the Village will receive $4M dollars to improve the whole area.
Jack Cameron presented the first question raised by Mr. Schaefer, “What is Evendale getting in exchange for this $4M dollars that Anchor is able to utilize?” We get $4M dollars in bond issuance to use public improvements such as P. G. Graves intersection, Glendale-Milford and Reading Roads resurfacing outside of the project limits; P. G. Graves bridge if we choose to do that, sidewalk installation, property acquisitions necessary to accomplish some of these things. The Village would have to outline the specifics.
At the November Committee Meeting Jack Cameron said he distributed a sheet outlining the type of money this project was generating to go into the TIF. Estimates based on the project include $22M dollars generated over 30 years. Schools get $5.4 million dollars and the Village gets $18.8M dollars to use on improvements which equates to issuing bonds of $4M dollars for each set of improvements. The total amount is $22.3M dollars.
Brian Seedhouse from Fifth Third Banks clarified that there are projects that will be completed in one year and then the next year so they’re valued differently. $24.3M dollars would be the total revenue generated. School district gets 5.4M dollars leaving $18.8M dollars left to issue bonds for public improvements, pay the principal and interest of those bonds and then the remaining amount of approximately $8.7M dollars would be available for the Village to use. The $4M dollar number Jack was using is assuming that you issue debt now long term would require $8.7M to pay back over time because of that interest. If you use the funds over the thirty year period it’s actually $8.7M dollars that is available to the Village.
Tom Leubers addressed the question of “Where does the money come from?” He said the money comes from new taxes or money that would be new real estate taxes. The county auditor without the TIF would collect real estate taxes on that new value and would distribute real estate taxes to Hamilton County, Schools and the municipality which is not the case in Evendale because the Village does not collect real estate taxes. The county and school district would split the real estate tax money. If you adopt the TIF that money is diverted and placed into a public improvement tax increment equivalent fund. Because of the statutes that govern TIFs that money can only be used to pay for public improvements or bonds that are issued to pay for public improvements that are a benefit to the private developer. The money comes
from increased taxes or money that would otherwise go to the county and school district. What is important is that this does not take away any money that anybody is getting right now. The school district gets less local money but more state money. If the district gets more local money it gets less state money.
Bill Puthoff asked why we are differentiating the office section out of the total project. Jack Cameron said they look at several options of pulling it together. The $6.9M in the office section will get split between the county and the school.
Jack Cameron asked Tim Burke the following question: The amount we issue as a bond, if it does not cover the cost of the improvements, does that put us in the position of having to pay for the additional cost since we are the owner of the bond. Tim Burke said that this issue will be dealt with in the contract with the folks overseeing the construction. In the construction management portion of the contract we can put in the agreement that any overages are their responsibility. Doug Lohmeier asked about design flaws that may cause flooding issues in the Mill Creek. Tim Burke said that the road and the bridges even without the TIF will ultimately become the Village of Evendale public road so whatever liability was going to be there is still going to be there. Here we have a responsible party that will share responsibility
for how it is to be built. Just like the construction of any other public road or facility there is a theoretical potential for some kind of liability? Yes, but there are many defenses available to a municipality. Tim Burke said we were still going to own the road and the bridge and it will have to build to our specs and conditions. This will still happen here.
A motion to read Ordinance #06-03 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 #06-03 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #06-03 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-03 adopted as an emergency measure.
Mayor Apking presented Resolution #06-01, RESOLUTION TO APPOINT POLICE OFFICERS TO THE POSITION OF POLICE SPECIALIST FOR 2006 AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson raised a concern about appointing Officer Roach as traffic specialist. She felt that while he may be exceptional in this area the fact remains that he was reprimanded earlier in the year. This may send the wrong message to our youth since he receives extra compensation for the specialist position. A motion to read Resolution #06-01 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 #06-01 was made by Mr. Lohmeier, seconded by Mr. Puthoff and Mr. Schaefer, Mr. Vonderhaar, Mr. Lohmeier, Mr. Puthoff and
Mr. Albrinck voted yes and Mrs. Smiley-Robertson voted no. A motion to adopt Resolution #06-01 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and Mr. Schaefer, Mr. Vonderhaar, Mr. Lohmeier, Mr. Puthoff and Mr. Albrinck voted yes and Mrs. Smiley-Robertson voted no. Mayor Apking declared Resolution #06-01 adopted as an emergency measure.
Mayor Apking presented Resolution #06-02, RESOLUTION TO APPOINT FIREFIGHTER OR FIREFIGHTER/PARAMEDIC TO THE POSITION OF FIRE SPECIALIST FOR 2006 AND DECLARING AN EMERGENCY. A motion to read Resolution #06-02 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 the Resolution #06-02 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution #06-02 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Resolution #06-02 adopted as an emergency.
Mayor Apking presented Resolution #06-02, RESOLUTION APPOINTING JAMES BOTHE SPECIALIST FOR THE PUBLIC WORKS DEPARTMENT OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. A motion to read Resolution
#06-03 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 Resolution
#06-03 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Resolution #06-03 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Resolution #06-03 adopted as an emergency.
Other Items included:
Mrs. Smiley-Robertson said that she appreciated the report that council received on Evendale Commons project from James Jeffers the Village Engineer and that it was very thorough.
Mayor Apking asked for a motion to adjourn into executive session to discuss personnel issues. A motion to adjourn was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved. Council adjourned into executive session at 8:55 pm.
Council reconvened and 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 9:15 pm.
_______________________
Mayor
Attest:
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Village Clerk
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