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Regular Council Meeting July 14, 2007
MINUTES

The Village of Evendale
Regular Council Meeting
June 14, 2007


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: Mrs. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. Bill Puthoff, Jr., Mr. Chris Schaefer, Mr. Doug Lohmeier, and Mr. Jeff Albrinck.  Also present were: Economic Director, Linda Fitzgerald; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Chief Fiscal and Accounting Officer, George Snyder; Village Solicitor, Tim Burke and Village Clerk, Michelle Ficke.

Mayor Apking read and presented a proclamation to Doug Nunn who was chosen by the Ohio Parks and Recreation Association as the Ohio Youth Sports Coach of the Year. Mr. Nunn has enhanced the sports experiences for his children and many Evendale children by volunteering as an assistant or head coach in several of the Recreation Department’s sports programs. Mr. Nunn will be honored at the Ohio State House on June 27. Anyone can sign up at the Recreation Center if they want to attend. If there is enough interest a bus will leave around 9:15 am. The activities will last from 11:30 – 2:30 in Columbus.
Mayor Apking presented the consent calendar. Mayor Apking asked for a motion to accept the consent calendar consisting of the Regular Council Meeting Minutes from May 10, 2007 and Special Council Meeting Minutes from May 29, 2007; CFO Report for May, 2007; Tax Administrator’s Report for May, 2007; current Departmental Reports. Treasurer’s Report for May, 2007. A motion to accept the consent calendar was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved.

Martha Carmody addressed council regarding the interest in converting the old Evendale Civic Center/School Building into a Cultural Arts Center. Committee members consist of Pat Haslett, Kate Divis, Stiney Vonderhaar, Diane Lemen, Sue Apking and Chuck Melampy. Ms. Carmody the purpose of the Cultural Arts Center would be to provide a safe place for teens and adults to focus on the arts. Surveys were sent out to residents and approximately 201 surveys were returned. Of the 201 surveys 85% showed some interest in participating in the Cultural Art Center in at least one area. She asked for council’s support and recommended that council appoint an Arts Council Committee to investigate renovating the old school building located on the northeast corner of Glendale-Milford and Reading Road for a Cultural Arts Center. Renovation of the building would take approximately four years.
Mr. Lohmeier questioned the validity of the survey results. While commending Ms. Carmody for her efforts, Mr. Lohmeier questioned the confusion and tabulation of the survey and thought that the results were not truly reflective of the level of interest. Mr. Schaefer said that this was an experimental project as we moved forward. Mr. Albrinck stated that the number of people responding to the survey was better than the norm. He asked, in an effort to understand the data, if in calculating the survey results, if only one response was positive on the survey, whether or not that response was represented as a positive response toward the 85% interest in the cultural arts center. . Ms. Carmody confirmed this statement. Mr. Albrinck then clarified that the 201 surveys that were returned represent 17% of the Village of Evendale. Consensus was that there was a lot of research that needed to be done before council could justify renovating the civic center. One consideration was to add on to the Recreation Center and whether or not that would be more cost effective than renovating the Civic Center building. Another option suggested was to use the newly acquired parsonage for a messy room and clean room if feasible.
Mr. Albrinck said that the idea of a cultural arts center was supported; however, he questioned whether or not those adults that showed interest would in reality have the time to take classes. He said that they would have to consider all options after a comprehensive analysis was conducted along with an effort to test interest. A committee would have to be set up to do this.
It would take $55,000 to remove asbestos from the old building and another $50,000 to invest in it. Fire code would have to be met and elevators would have to be installed eventually. Ms. Carmody said that the building is a historical building and is the last old building standing in Evendale. It was built in 1932 and the cultural arts center could utilize the space while at the same time preserving the building.
Bob Richardson presented to Council on the design of new street signs. Bob Richardson presented designs for new street signs for the Village. The goal for the Village of Evendale was to design a sign that was easier to read, visible at night, easy to maintain and a combination of stop signs and street signs. The combination signs would be approximately nine feet in the residential areas and twelve feet on Reading Road, much higher than current signs. The signs would last approximately 15-20 years with little maintenance.
Some feedback from the residents included: Black and white would be hard to see; would headlights reflect on a sign that is twelve feet in the air; the color blue identified Evendale and black is so depressing; extra large signs are needed at the major intersections located on the bars across the road that hold the traffic lights because they are much easier to see than a small sign post on a major road; wanted something unique, not the same old colors of surrounding communities.
Mayor Apking presented Ordinance #07-22, ORDINANCE AUTHORING THE MAYOR TO ENTER INTO A CONSTRUCTION AND LEASE AGREEMENT BETWEEN THE VILLAGE AND THE DAN BEARD COUNCIL, INC. AND THE GORMAN HERITAGE FARM FOUNDATION TO PROVIDE FOR THE LEASE OF A PORTION OF VILLAGE PROPERTY, THE CONSTRUCTION OF A NEW HEADQUARTERS FOR THE DAN BEARD COUNCIL, INC. AND COOPERATION WITH THE GORMAN HERITAGE FARM FOUNDATION AND DECLARING AN EMERGENCY. At the May 10th council meeting, Council requested to see the next Draft of the Memorandum between the Gorman Heritage Farm and the Boy Scouts at least two weeks prior to the Council Meeting. Tim Burke and the lawyers from Dan Beard were working on the draft up until the day of the June 14th meeting and produced Draft #11 of the memorandum of agreement between the Gorman Heritage Farm and the Dan Beard Council. Council had seen Draft #9 at the June 12th council meeting on Tuesday night. Mr. Lohmeier complained that the last draft that council saw was Draft #9 and that they just received Draft #11 tonight, did not have time to read through it and are now expected to act on it. Mayor Apking said that when several people are working on a document it takes time to produce the right results. Mrs. Smiley-Robertson asked to know what changed from Draft #10 to #11 and also voiced a concern with receiving it the night of the meeting with no time to evaluate it.

Mr. Burke explained that the basic structure of the lease has not changed. The Memorandum is being negotiated as it is supposed to be. The tenth draft had problems in it; the lawyers met today and made three changes from Draft #9. Draft #10 had also included changes that Mr. Burke did not recommend.

Mr. Burke explained that the Lease Agreement itself had not changed in the two weeks prior to the Council meeting but that work had continued on the Memorandum of Agreement which was largely a document being negotiated between the Gorman Heritage Farm and the Dan Beard Council. The 10th draft of the Agreement, which Mr. Burke explained that he had only seen the day before the Council meeting, contained two significant changes in it, one which had not been agreed to by the parties themselves and the other which was inconsistent with earlier agreements reached between counsel for the Boy Scouts and Mr. Burke. That required additional discussions with counsel for the Scouts and additional modifications.

Mr. Burke pointed out that there were three changes in Draft #11 from what Council had seen in Draft #9. They were as follows:

1)      On page 4, Paragraph (d), language was inserted which acknowledges that there have been ongoing discussions over the possibility of a second building, a pavilion, being added to the project. The Lease Agreement already anticipates that there will be a supplemental agreement developed when the dimensions and location of the parking lot are agreed to. The supplement could also include details relating to the pavilion, including its location, ownership and maintenance. Any addendum to the Lease Agreement would have to be approved by Council after it is negotiated.

2)      Subparagraph 2.2, Paragraph (d), clarifies that in addition to the use of the Dan Beard building by Gorman Heritage Farm for the Farm’s four seasonal events, the building will also be available on a reasonable number of occasions with appropriate advance notice from the Farm.

3)      In response to a request made at an earlier Council meeting, on page 6, Paragraph 2.3(h), subparagraph (2), contains additional language clarifying that the Dan Beard Council will provide a minimum average of eight hours per month of fund-raising training to the Gorman Heritage Farm people.

Mr. Schaefer made a motion that council remove the emergency clause from Ordinance #07-22 and strike it from the title of the ordinance as well. The motion was seconded by Mr. Albrinck and unanimously approved. Mr. Puthoff recused himself from the vote on Ordinance #07-22.

A motion to adopt Ordinance #07-22 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and upon roll call, Mr. Schaefer, Mr. Vonderhaar, Mrs. Smiley-Robertson, Mr. Albrinck voted yes. Mr. Lohmeier voted no. Mayor Apking declared Ordinance #07-22 adopted.

Mayor Apking presented Ordinance #07-29, ORDINANCE AMENDING SUBSECTION 258.033 PROMOTIONAL EXAMINATIONS (d) AND DECLARING AN EMERGENCY. This ordinance is to allow council to expand the pool of eligible candidates for promotional exams. A motion to read Ordinance #07-29 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 #07-29 was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-29 as an emergency measure was made by Mrs. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-29 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-30, ORDINANCE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE VILLAGE OF EVENDALE, OHIO AND DECLARING AN EMERGENCY.  A motion to read Ordinance #07-30 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 #07-30 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-30 as an emergency measure was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #07-30 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-31, ORDINANCE AUTHORIZING THE SALE OF THREE VEHICLES NO LONGER NEEDED FOR VILLAGE OF EVENDALE PURPOSES AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-31 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 #07-31 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-31 as an emergency measure was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ordinance #07-31 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-32, ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME AND SEASONAL EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-32 by title only was made by Mr. Lohmeier, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #07-32 was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance #07-32 as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-32 adopted as an emergency measure.

Mayor Apking presented Ordinance #07-33, APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-33 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 #07-33 was made by Mrs. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-33 as an emergency measure was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-33 adopted as an emergency measure.
Mayor Apking presented Ordinance #07-34,  ORDINANCE AUTHORIZING MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE 2007 STREET IMPROVEMENT PROJECT AND DECLARING AN EMERGENCY. Mrs. Smiley-Robertson asked for clarification on the cost of concrete versus asphalt. James Jeffers explained that repairs are much more costly with concrete and the concrete cycle is more expensive because of reconstructive costs. For asphalt you would be performing maintenance not reconstruction and this is more cost effective and preferred. It takes two weeks to completely remove concrete streets. Therefore, residents are out of their driveways from ten days to two weeks. Murphy had built other homes in Evendale, for example, on Kingsport with concrete streets. The Village has been replacing the concrete with asphalt throughout the village because it is easier to maintain and more cost effective. Mrs. Smiley-Robertson said that this was not clear before. She thought that the cracking and seeding of the concrete was going to be a pilot on Otterbein and Lamarc, however Mr. Jeffers said that this process has been done before on Kingsport.
A motion to read Ordinance #07-34 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 #07-34 was made by Mr. Lohmeier, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ordinance #07-34 as an emergency measure was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-34 adopted as an emergency measure.
Mayor Apking presented Ordinance #07-35, ORDINANCE AUTHORIZING THE PURCHASE OF ONE (1) 2008 FORD F350 TRUCK FROM THE STATE COOPERATIVE PURCHASING PLAN AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-35 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 Ordinance #07-35 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-35 as an emergency measure was made by Mr. Puthoff, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ordinance #07-35 adopted as an emergency measure.

Mayor Apking presented Resolution #07-05, RESOLUTION ADOPTING THE HAMILTON COUNTY NATURAL HAZARD MITIGATION PLAN. A motion to read Resolution #07-05 by title only was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Resolution #07-05 was made by Mr. Albrinck, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Resolution #07-05 as an emergency measure was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Resolution #07-05 adopted as an emergency measure.

Other items:

Mr. Lohmeier said that the new Evendale Phone Directories were delivered last night by the members of Phi Lambda Pi. He encouraged residents to send donations to Phi Lambda Pi to cover the cost of printing since there were not that many sponsors for the project. He commended the time and effort and difficulty of collecting information especially now that there are digital phone services. This will probably be the last time that Phi Lambda Pi develops an Evendale directory.

Mrs. Smiley-Robertson stated that the Village likes recognize valedictorians from graduating classes and asked that if any valedictorians were in the graduating classes to inform the Village so that they can be recognized.

Dave Destino, Regional Vice President, Erickson Retirement Communities, gave a presentation on the proposed development on the Landmark Baptist Church property that is partially in Evendale and Glendale. Erickson has communities in twenty locations in eleven different states around the country which is a continuing care environment. Deposits for the units range from $100,000 for a one bedroom unit up to $350,000 for larger units. Entrance deposits are 100% refunded when you leave the facility. Monthly costs are approximately $1200-$1700 excluding telephone services. Monthly fees go up as more care is needed. Five dedicated doctors would be on staff at the Erickson Community. This is a $200 million dollar development with an auditorium which would be shared with the surrounding communities, a TV station that airs live TV for five hours daily, swimming pool, restaurants, etc. It would take seven years to build out depending on the market demands. There would be 1000 new jobs with 550 full time positions and the remaining consisting of part time, seasonal and high school students. High school students with 1000+ hours of service are eligible to receive $4000 scholarships toward college. The plan presented was a conceptual plan only. Zoning codes would need to be changed in order for construction of the development to be feasible.

Mayor Apking announced that the parking lots at the municipal complex will be resurfaced on Wednesday (near the pool area) ad Thursday of this week and wanted the residents to be aware of this.

There being no further business to come before Council, a motion to adjourn was made by Mr. Vonderhaar seconded by Mr. Schaefer and unanimously approved. Council adjourned at 9:45 pm.



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                                                        Mayor

Attest:


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Village Clerk