M IN U T E S
The Village of Evendale
Regular Council Meeting
November 9, 2006
The Village of Evendale held a public discussion prior to the regularly scheduled council meeting. There was no discussion.
The Village of Evendale held its Regular Council Meeting. The meeting was called to order by Mayor Don Apking. Upon roll call, the following council members were present: Mr. Bill Puthoff, Jr., Mr. Stiney Vonderhaar, Mr. Chris Schaefer, Mr. Doug Lohmeier, Mrs. Carolyn Smiley-Robertson and Mr. Jeff Albrinck. Also present were: Chief Fiscal and Accounting Officer, George Snyder; Village Engineer, James Jeffers; Recreation Director, David Nichols; Fire Chief, John Vail; Police Chief, Gary Foust; Economic Director, Linda Firtzgerald; 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 consisting of the October 12, 2006 Council Meeting Minutes; CFO Report for October, 2006; Tax Administrator’s Report for October, 2006; current Departmental Reports and Treasurers Report for October 2006. A motion was made to accept the consent calendar by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved.
Mayor Apking presented Ordinance #06-56, ORDINANCE APPOINTING JOEL N. WARD AS A VILLAGE OF EVENDALE POLICE OFFICER AND DECLARING AN EMERGENCY. A motion to read Ordinance #06-56 by title only was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved. A motion to suspend the second and third readings of Ordinance #06-56 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #06-56 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #06-56 adopted as an emergency measure. Mayor Apking administered the oath of office to Joel N. Ward.
Jack Cameron introduced Jack Pflum from Edwards Kelcey. Mr. Pflum presented the Access Management Study to Council. Wardell Wilcox performed the technical analysis of the study and was also present. Mr. Pflum explained that the purpose of the study was for guidance and framework for future decision making for access to Glendale-Milford and Reading Road corridors including efficiency and safety of traffic flow. The plan is flexible to meet the needs of property owners and businesses along the corridor. The study team included a steering committee from the Village, Jack Cameron and Linda Fitzgerald and Edward Kelcey. A traffic count was performed and West of Reading Road on Glendale-Milford 28,000 vehicles per day travel through this area. East of Reading Road on Glendale-Milford 20,000 vehicles travel each day. South of Inwood Drive on
Reading Road has about 21,000 vehicles per day. The highest accident rate happens at Glendale-Milford Road and I-75 ramps and Glendale-Milford Road and Evendale Drive.
Edwards Kelcey used the Reading Road Revitalization Plan from November 2004 as a guide for potential land development. Council received a report dated June 8, 2006 which was a draft of the Evendale Management Access Study. This study recommended to decrease the number of driveways, to create additional turn lanes, an addition of two traffic signals (a total of 15) to be coordinated and interconnected. The study also includes access roads, cross access agreements or easements, road realignments, and road widening. They recommend combining and sharing existing driveways because crash rates are lowest when there are fifteen driveways per mile.
Edwards Kelcey recommended new traffic signals on Reading Road at the Administration Building, A to Z Printing and the Hamilton County MRDD. Alternative routes and access roads were also recommended. Mr. Pflum stated that there is no need for road widening in the near future. At Inwood Drive they recommend that calming elements be designed to protect the residential area such as pavement texturing which notifies drivers of an access driveway entrance.
The next steps will be to meet and discuss with property owners and businesses the Access Management Plan for input. They will include input from the November 9th Council Meeting as well. They will modify the plan after considering all comments and submit the modified plan to council for additional review. Mayor Apking thanked Jack Pflum and Wardell Wilcox for their professionalism and said that it has been a pleasure working with them. Mayor Apking also reminded everyone that this is just a recommendation and the Village is not bound to it. The Village will meet with property owners before moving forward with a plan.
Mayor Apking opened the public hearing. Dorothy Dover spoke and was concerned that the Access Management map does not depict dimensions as far as footage. Mr. Schaefer stated that it is a conceptual map only. Mr. Pflum and Jack Cameron met with Mrs. Dover in the Council Library after the public hearing to address her concerns.
Gordon Geraci, Elite Photography business owner spoke. He said that he had expressed his concerns to the Village staff and Council and that all have been extremely helpful and involved them in the process and he was greatly appreciative of this. He thanked the Mayor and council and staff for their help and responses to all of their concerns.
Marian Orinnger owns property on P. G. Graves Lane. Mrs. Orinnger addressed council. She asked if the flooding concerns on P.G. Graves Lane had been addressed in the study and whether or not they planned to connect P. G. Graves Lane with the new development. The Mayor explained that we are a member of the Mill Creek Conservancy District and that there are no plans to alleviate flooding issues along the Mill Creek because they are so costly. She also asked if any new bridges would be constructed over the Mill Creek. The Army Corp of Engineers would need to approve any new bridges over the Mill Creek.
John Foged from Formica Corporation addressed council. He thanked them for working with Formica and expressed concerns with the future access road. He also said he would like to see a left turn lane from northbound Reading Road into Formica. He asked that Formica be heavily involved with the decisions to realign the intersection of Formica and Gorman Farm Lane and any future access roads.
Jack Cameron asked for direction from Council concerning the presentation from Edwards Kelcey. He explained that comments from Formica and Elite Photography were included in council packets. He asked council to look at the draft study and recommend changes.
Mr. Puthoff stated that Edwards Kelcey has all of the information that the public offered tonight except Mrs. Dover’s. Mrs. Dover met with Jack Cameron and Jack Pflum and Mr. Wilcox from Edwards Kelcey after the public hearing to express her concerns.
Mr. Schaefer said that it would help Planning Commission to have legislation passed to adopt the newer Hamilton County Curb Cut policy so that Planning Commission can refer to the policy when addressing these issues. A policy cannot be enforced unless included in an ordinance.
Mr. Puthoff said that this access management study plan is just a tool or guide and is not ready to be enforced. Mr. Schaefer clarified that the current Hamilton County Access Management plan has detailed guidelines that Planning Commission could use, for example, when determining whether a gas station should have two curb cuts and not three curb cuts. If we adopt the current Hamilton County plan it could be a guideline.
Mr. Puthoff made a motion to close the public hearing. The motion was seconded by Mr. Vonderhaar and unanimously approved.
Mayor Apking gave the Mayor’s Report. Mayor Apking said that Norm Dietz passed away. He ran the festival at St. Rita’s and had been involved extensively with St. Rita’s for years. His funeral will be Friday, November 10th at 10:00 am.
Chris Schaefer said his committee met. Architect Bob Richardson met with the committee and presented plans for the south border park between Reading and Evendale. The Beautification Committee and Planning Commission were at the meeting as well for the presentation. Some of the street trees on South Reading Road might go in this year. Linda Fitzgerald said that the grant from Cincinnati Civic Garden Center will pay for the plantings and maintenance of the plantings and that the Village can spend the money next year. Jack and Linda will meet with the Cincinnati Civic Garden Center and present the plan.
Jeff Albrinck gave the Financial Report. Revenues were approximately $1.25 million dollars; expenses were $1.9 million dollars. His committee interviewed insurance brokers and decided that the group that Tom Stautberg is with, The W Group was the best choice. In early March/April they will address new ways to address increased costs of medical insurance.
Doug Lohmeier gave the Recreation Commission Report. There are three Evendale soccer teams in the state tournament. They include Brint Conley’s U-12 boys strikers, Tony Mazzone’s U-14 boys and Kim Schwegmann’s U-12 girls soccer teams. We switched back to SAY soccer this year and feel that it has been a good move.
Mayor Apking presented Ordinance #06-55, ORDINANCE AMENDING CHAPTER 850, PEDDLERS AND SOLICITORS, OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Tim Burke stated that changes have been made to the ordinance since the first reading in October. The changes included the word “city” was changed to “village” throughout. Also, Section 850.17 subsection B was added which exempts Village residents from any registration requirement when they are doing charitable or political work. Mr. Schaefer made a motion to conform to the changes Tim Burke made and label the ordinance “Ordinance 06-55A” to denote that it was amended. Mr. Vonderhaar seconded the motion to and it was unanimously approved on roll call. Mayor Apking declared this the Second Reading of amended Ordinance #06-55A.
Mayor Apking presented Ordinance #06-57, ORDINANCE AUTHORIZING THE MAYOR TO HIRE PART-TIME EMPLOYEES IN THE RECREATION DEPARTMENT AND SETTING THE PAY RATE AND DECLARING AN EMERGENCY. Mr. Lohmeier asked the Recreation Director, David Nichols, why he was hiring two people. Mr. Nichols said he was replacing one clerk and hiring a substitute clerk as well. Mrs. Smiley-Robertson made a motion to read Ordinance #06-57 by title only, and the motion was seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-57 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #06-57 as an emergency measure was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared
Ordinance #06-57 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-58, ORDINANCE APPOINTING CYNTHIA VASKE AS THE FULL-TIME TAX ADMINISTRATOR FOR THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson asked why it was not necessary to advertise this position. Tim Burke explained that this was a thirty hour position and it is being changed to a 37.5 hour position because the demands of the job have increased and will continue to increase with the new development. It is not necessary to go through an open position qualification. Mrs. Smiley-Robertson said that we have an ordinance in place that sets salary limits and asked if this one supercedes that ordinance. Mr. Schaefer said that the salary ordinance is set up to hire new or part time people. Other circumstances could arise that would require posting a job internally. Some mechanism should be in
place to address that. There is no written formula and we don’t want part time positions changed to full time by default. Mr. Burke said that it is flexible. In this case there is only an increase of 7.5 hours per week. Mr. Lohmeier asked if there were requirements to follow to make part time positions full time positions in place? Mr. Burke said that a ten hour per week to full time change would be looked at differently. It was concluded that it would be a good idea to look at this issue.
Mayor Apking said that we have a unique situation here and asked for a motion to read Ordinance #06-58 by title only. A motion to read Ordinance #06-58 by title only was made by Mr. Puthoff seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-58 was made by Mr. Vonderhaar, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance #06-58 was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #06-58 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-59, ORDINANCE AMENDING SECTION 258.070, HEALTH INSURANCE, TO REQUIRE NEW EMPLOYEES TO COVER A PORTION OF HEALTH INSURANCE COSTS AND DECLARING AN EMERGENCY. Jeff Albrinck said that his committee recommended in favor for new employees to pay 10% of health care requirements. Mr. Lohmeier said that in the private sector the employee contributes 30% and in the public sector 10% of the monthly premium. Mr. Schaefer was concerned that a double standard would be set. He asked if an employee retires and is rehired as a new employee would they be subject to pay this 10% as well. He said if you hire someone already in the public employee systems elsewhere then state law prevails. Mr. Albrinck said compensation packages are outside of retirement. In the next five years the Village will have 20% of its fulltime
employees leaving and we can’t afford to pay 100% of health care costs. They compared other municipalities and concluded that new employees contribute 10% of the monthly healthcare premium. Mr. Puthoff stated that it is an appropriate time to implement it with the number of employees leaving in the next five years. Mrs. Smiley-Robertson said that it just affects the benefits package. A motion to read Ordinance #06-59 by title only was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and Mrs. Smiley-Robertson, Mr. Puthoff, Mr. Lohmeier, Mr. Albrinck and Mr. Schaefer voted yes. Mr. Vonderhaar voted no. Mayor Apking declared this a First Reading of Ordinance #06-59.
Mayor Apking presented Ordinance #06-60, APPROVING ADDITIONAL APPROPRIATIONS TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. Mr. Puthoff made a motion to read Ordinance #06-60 by title only, and the motion was seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-60 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-60 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #06-60 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-61, ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT FOR GROUP MEDICAL INSURANCE COVERAGE WITH MEDICAL MUTUAL OF OHIO AND DECLARING AN EMERGENCY. Mr. Lohmeier made a motion to read Ordinance #06-61 by title only, and the motion was seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #06-61 was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #06-61 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #06-61 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-62, ORDINANCE AUTHORIZING THE MAYOR TO ACQUIRE, ON BEHALF OF THE VILLAGE OF EVENDALE, A PORTION OF THE EVENDALE COMMUNITY CHURCH PROPERTY ADJACENT TO THE EVENDALE MUNICIPAL COMPLEX AND DECLARING AN EMERGENCY. Mr. Lohmeier said he is in favor of purchasing the property and asked what plans the Village had for the building and house on the property. Mr. Schaefer suggested that the house be torn down. Mr. Puthoff suggested that we look at the house and see if it can be used for something, and look at alternatives before we tear it down. He also noted that the Village has first rite of refusal on the rest of the property. Mr. Schaefer made a motion to read Ordinance #06-62 by title only, and the motion was seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and
third readings of Ordinance #06-62 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #06-62 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #06-62 adopted as an emergency measure.
Mayor Apking presented Ordinance #06-63, ORDINANCE TO ESTABLISH FEES FOR CERTAIN EMERGENCY SERVICES BY THE EVENDALE FIRE DEPARTMENT AND AUTHORIZING THE MAYOR, CHIEF FISCAL AND ACCOUNTING OFFICER, OR THEIR DESIGNEES, TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE COLLECTION AND PAYMENT OF SAID FEES, INCLUDING A CONTRACT WITH MEDICOUNT MANAGEMENT, INC., NECESSARY FOR THE COLLECTION AND PAYMENT OF SAID FEES AND DIRECTING THOSE OFFICERS TO ESTABLISH A SEPARATE FUND FOR THE RECEIPT OF MONEY GENERATED FROM EMERGENCY SERVICES BILLING AND EXPENDITURES OF SUCH MONEY FOR THE ENHANCEMENT OF THE FIRE DIVISION SERVICES PROVIDED BY THE VILLAGE AND DECLARING AN EMERGENCY.
Mr. Schaefer said that the Fire Chief did not meet with both committees. Chief Vail met with Mr. Schaefer’s committee six months ago and they decided not to do this. George Snyder proposed it to the finance committee because it is an operation of the finances and revenue not the Fire Department. Mr. Schaefer said that his committee did not hear anything about this ordinance before and that it is important for there to be communication between the committees.
Mr. Albrinck said that expenditures in the Fire Department are Mr. Schaefer’s committee’s concern and that his committee is concerned with finances and revenues. Mrs. Smiley-Robertson said that it was not right to go from one committee that rejected the idea and take it to the other committee who approved it. There should be communication between committees. Mr. Schaefer was concerned that some folks may think twice before calling the life squad because they receive a bill. Mrs. Smiley-Robertson said it would be appropriate to discuss in committee meetings.
Mr. Vonderhaar said that tax payers already pay for services and now we are digging into insurance. Mayor Apking stated that Indian Hill and Evendale are the only municipalities not billing for this service. We are buying a new ambulance with the monies received for the EMT billing. Mrs. Smiley-Robertson said that their committee did not have that data when they were introduced to the issue six months ago and that it would have influenced their decision. Mayor Apking suggested that the Medicount people come to the next council committee meetings to present the information to both committees. Mr. Schaefer was upset that his committee received no minutes or any communication concerning this issue.
A motion to table Ordinance #06-63 until discussed in Committee Meetings was made by Mr. Schaefer, seconded by Mr. Vonderhaar and Mr. Schaefer, Mr. Vonderhaar, and Mrs. Smiley-Robertson voted yes. Mr. Lohmeier, Mr. Puthoff and Mr. Albrinck voted no. Mayor Apking voted no. The motion to table Ordinance #06-63 failed. A motion to read Ordinance #06-63 by title only was made by Mr. Lohmeier, Seconded by Mr. Puthoff and Mr. Lohmeier, Mr. Puthoff, Mr. Albrinck and Mrs. Smiley-Robertson voted yes. Mr. Schaefer and Mr. Vonderhaar voted no. Mayor Apking declared this a First Reading of Ordinance #06-63.
Mayor Apking presented Resolution #06-09, RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR. Mr. Lohmeier made a motion to amend the Resolution by changing his name “Doug” to “Douglas” throughout the resolution. Mr. Vonderhaar seconded the motion and it was unanimously approved. A motion to read amended Resolution #06-09 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 Resolution #06-09 was made y Mr. Puthoff, seconded by Mr. Albrinck and unanimously approve on roll call. A motion to adopt amended Resolution #06-09 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approve on roll
call. Mayor Apking declared amended Resolution #06-09 adopted.
Other items included:
Mr. Phil Schneider addressed council. He said that the Fire Chief informed him that Mayor Apking agreed to sell the ambulance to Elmwood Place for $1. Mr. Schneider said that the ambulance has 21,000 miles on it and is worth $10,000. He was concerned because the Village raised the earnings tax and are giving away money by gifting it to Elmwood Place. The ambulance is an asset to the Village and should not be given away for $1.
Mr. Schaefer argued that Elmwood Place does not have the assets that Evendale has and our residents use I-75 to get to downtown. If we help Elmwood Place it helps us if we were to need an ambulance while in their jurisdiction. Jeff Albrinck agreed that it is council’s responsibility to be prudent with our funds and he does not agree with giving our assets away.
It was determined that an ordinance would need to passed by council in order to do anything with the ambulance. Mayor Apking said that if council did not agree with the idea then it will not happen.
Mayor Apking asked for a motion to adjourn into Executive Session to discuss personnel issues and legal issues. A motion was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Council adjourned into Executive Session at 9:10 pm.
Council reconvened. There being no further business to come before Council, a motion to adjourn was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved. Council adjourned at
10:00 pm.
_______________________
Mayor
Attest:
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Village Clerk
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