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September 20, 2007 Council Meeting Minutes
MINUTES

The Village of Evendale
Regular Council Meeting
August 9, 2007


The Village of Evendale held a public discussion session prior to the regularly scheduled council meeting. There was no discussion.

In light of an agreement reached between Neyer Properties and Medicount the Mayor has withdrawn his appeal of the ZBA decision regarding 1375-1387 Glendale Milford Road.  Therefore no hearing was necessary.

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. Doug Lohmeier, Mr. Jeff Albrinck and Mr. Chris Schaefer. Also present were: Economic Director, Linda Fitzgerald; Village Engineer, James Jeffers; Assistant to the Mayor, Jack Cameron; Chief Fiscal and Accounting Officer, George Snyder; Recreation Director, David Nichols; Village Solicitor, Tim Burke and Cindy Vaske, Tax Administrator filling in for the Village Clerk, Michelle Ficke, who was absent and excused.

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 July 12, 2007 and Special Council Meeting Minutes from July 31, 2007; CFO Report for July, 2007; Tax Administrator’s Report for July, 2007; current Departmental Reports. Treasurer’s Report for July, 2007. A motion to accept the consent calendar was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved.

Mayor Apking read and presented a framed proclamation to Maureen Flavin, one of the chairpersons of the 2007 Evendale Eagles Swim Team Championship Committee and parent volunteers. They did an outstanding job organizing this competitive event of nine local teams. Mayor Apking said that our parents are very involved with swimming and some kids from our community have gone on to college with swimming scholarships. He thanked all of those who put in many hours of their time to the swim team.

Mr. Schaefer gave the Fire, Engineer, Service Department, Gorman Farm Committee Report. All Emerald Ash trees on the Village grounds have been treated for the Emerald Ash bore; however, none of the street trees have been treated. There are two ways to treat the trees; pour an insecticide around the base of the tree and repeat this once a year before the bores start. The other treatment is capsules that are pounded into the trunk with an insecticide to prevent bores from penetrating the trees.

Mr. Vonderhaar shared that information that was sent to this committee in a memo from Kaye Oakes from the Service Department. CG&E repaired the lights on Glendale-Milford Road at Norwood Hardware, the wiring under the bridge was replaced and a new transformer was installed and all the lights were connected.

Mr. Albrinck reported on the Master Plan Committee. For the past year we have been working on the Master Plan to determine what our vision is for the Village for the decades to come. There were 10-15 residents here to participate in an open forum in follow up to the survey that was sent out several weeks ago. We are making good progress and as future developments come into the Village we will see the benefits of this committee.

Mr. Lohmeier gave the Recreation Report. The Recreation Committee did not meet this month. George Snyder reported on finances at the Police, Finance, Recreation and Administration Committee Meeting. The Police Report included follow up on St. Rita’s activities, training issues and continuing education.

Mayor Apking presented the Mayor’s Report. Mayor Apking discussed new lighting on the islands on Reading Road. He also mentioned that on Wyscarver and Glendale-Milford Roads is a street sign post with three different colors of sign blades on them. We ask for resident feedback on the sign posts and blades in the day and night light and call 563-2244 or via email. Mr. Albrinck suggested that this information be posted on the website so residents can treat their Ash trees.

Mayor Apking stated that he went with Mr. Lohmeier and Mr. Albrinck to the Civic Center. I have asked council to give me $70,000 to go ahead with improvements of the Civic Center and get started with the cultural arts group.  Mr. Albrinck said he thought it was premature to spend any money until we know that the program will take off or how much interest there will be. Mr. Albrinck is in favor of spending the money after we establish the commission, let them get established and see what the interest is and then decide on spending money. Mrs. Smiley-Robertson thought the commission would be established first before any appropriations are allocated. Mayor Apking believes the interest is there and that the space has to be provided to get programs started and see if there is interest. If down the road there is not interest, then the money was spent to get the facility ready for other activities that the Recreation Commission will authorize. The building is not being used and we ought to do something with it or tear the building down. Mr. Vonderhaar made a motion to authorize the Mayor to spend $70,000 for Civic Center improvements for the Fine Arts Center. Mr. Schaefer was concerned with where the money will come from in the budget. Mrs. Smiley-Robertson said that the information they have been given so far is more of a feasibility study and not an actual plan of how the steps will be carried out and what each phase will cost.

Mr. Lohmeier said that what is planned for the Civic Center does not address ADA regulations. Anything that is open to the public needs to meet ADA regulations. Mr. Puthoff said that council is ready to approve the Cultural Arts Commission ordinance tonight. He suggested that once the commission is established, they can bring a detailed plan to council that Mrs. Smiley-Robertson is requesting and then council can decide on appropriating the money needed. The first step is establishing the commission. Mr. Albrinck wants estimates from James on the renovations and how many man hours are need and wants Dave Nichols to outline how much the Rec Center would be able to use the Cultural Arts Center. He suggested establishing the commission first and not rushing through it.

Mr. Schafer made a motion for Tim Burke to prepare an ordinance for the next meeting after consultation with the committee for consideration to fund this part of the project. Mr. Puthoff seconded the motion and all council members were in favor.

Mayor Apking discussed Arcadia Communications, LLC Cell Tow proposal for Plainfield and Glendale-Milford Road. The proposal includes constructing a flag pole that is a cell tower 140 ft. tall.  Jack Cameron explained that Arcadia came in and asked for the Village’s regulations on cell towers. They would pay $7,200 per year for five years and then would ask for nine five-year renewable terms so it could last potentially fifty years. We have asked them to incorporate the gateway signage in the design. Mr. Puthoff said it was ugly. Mr. Schaefer stated that the Federal Government said that the cell towers can go in if they have a property owner, including home owners, interested regardless of zoning. If we turn it down they can approach Rest Haven or Evendale School or one of the churches along Glendale-Milford. Mr. Puthoff said he would rather see it in his backyard against the cemetery than in the Village gateway because it is not as noticeable. Council did not want the cell tower in the gateway.

Mayor Apking asked for a volunteer to plan the town meeting on Sunday, November 11, 2007. Mr. Vonderhaar volunteered to plan the meeting.

Mayor Apking said that the Brendamour water tower will be torn down.

Peggy Paff shared the success of the Gorman Farm Civil War Re-enactment. The farm made about $6,000. It was a great partnership between the Historical Commission and the farm and the re-enactor community. Summer camp programs were successful with all spots filled. Membership is up about 20%. They attended the Lady’s Classic this past weekend and delivered 2000 sun flowers to them. Each lady that crossed the finish line received a sunflower in exchange for a $2500 sponsorship. She asked the Mayor and Council to mark your calendar for September 22. The Daughters of the American Colonists will be honoring Gorman Heritage Farm with a historic marker to honor Gorman’s ancestors. It starts at 10:30 am with lunch at noon with a tour for the guests. The Sunflower Festival is October 6th and 7th and it’s kicked off with the Gala on October 5th. The new bridge is priceless because it allows us to transport seniors and others up to the farm area.

Mayor Apking discussed tearing down the South Reading Road and Inwood properties for under $25,000 by a contractor. He wants to tear down the parsonage using Village Service Department workers and that will cost around $7,000. He then would like to look into the possibility of building an open second shelter area where the parsonage is now. The south Reading Road home will be the site of the gateway into South Evendale. The Inwood property might hook into a trail system to Gorman Farm and Glendale-Milford. The church property will hopefully become a shelter house.

Mayor Apking discussed the pond in the upper meadow of Gorman Farm. Of the six responses he received three were negative, three were positive and after discussing this with Jim Cole there is a greater need to replace fencing around the farm. We will re-grade the upper meadow so it does not run mud into the residential streets any more.

Mr. Lohmeier asked for an update on the street projects. Mayor Apking said that Adleta is having trouble with their equipment and it won’t be repaired for two or three more weeks. The project will be done before winter. Mr. Vonderhaar said that several residents have asked about the property across from the entrance to Park Hills and what the status is. James Jeffers responded and said that Don Mercer has been trying to reach the contractor and property owner to find out what their plans are. It appears that either the property owner let the original contractor go and has not hired anyone else. There is a lien on the property and this may go to court between the home owner and contractor. We have to allow a certain amount of time before the Village can go in and fill in the hole. Another contractor has been hired. They are waiting on financing but intend to move forward.

Mayor Apking discussed a property on Giverny near Carpenter’s Creek. He had a meeting scheduled with the lady at her home and she did not show up.

There are four people running for council in November: Mr. Puthoff, Mr. Schaefer, Mrs. Smiley-Robertson and John Ranz. Mr. Schneider will be running for Mayor against Mayor Apking.

Mayor Apking presented Ordinance #07-43, ORDINANCE ADOPTING CHAPTER 288 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE CREATING A CULTURAL ARTS COMMISSION. A motion to amend the ordinance by incorporating the revised version of the Ordinance was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved.  
Mr. Schaefer made a motion to amend the ordinance by adopting a new Section 2 to the ordinance, renumber the current Section 2 to Section 3 and Section 2 would read: The initial appointments to the commission should be as follows: Councilmember Stiney Vonderhaar, Martha Carmody appointed for two years with a term ending December 2009, Sue Apking for two years until December 2009 and Pat Haslit for two years term ending December 2009, Chuck Melampy, Ed Gassert and Kay Divis for one year term each with their term ending December 2008. Mr. Puthoff seconded the motion and it was unanimously approved. The one-year term would end in December 2008 and the two-year term would end December 2009. Mr. Schaefer made a motion to include the dates of the end of terms in the ordinance, Mr. Puthoff seconded the motion and it was unanimously approved.

The first meeting of the Cultural Arts Commission will be held September 6, 2007 at 7:00 pm.

Tim Burke recommended that a motion be made to amend the title to add the words, “declaring an emergency” and to amend Section 3 to read as follows: “The ordinance is declared to be an emergency by concurrence of ____ members of council being necessary to preserve the public peace, order, safety, health and welfare of the Village of Evendale or to provide for the daily operations of a department of the Village of Evendale, it is necessary that this measure be put into immediate effect so that the Commission can begin its work immediately. Therefore, this ordinance shall be effective immediately.” Mr. Vonderhaar made a motion to amend the ordinance as stated above. The motion was seconded by Mr. Albrinck and unanimously approved. A motion to suspend the third reading of Ordinance #07-43 was made by Mr. Puthoff, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ordinance #07-43 as amended as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared amended Ordinance #07-43 adopted as an emergency.

Mayor Apking presented Ordinance #07-46, AN ORDINANCE MAKING APPOINTMENT TO THE COMMUNITY IMPROVEMENT CORPORATION AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-46 by title only was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of the ordinance was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #07-46 as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-46 adopted as an emergency.

Mayor Apking presented Ordinance #07-47 ORDINANCE AUTHORIZING THE PURCHASE OF A SERVICE BODY AND AERIAL LIFT UNIT TO BE INSTALLED ON A VILLAGE OF EVENDALE TRUCK AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-47 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 was made by Mrs. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #07-47 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ordinance #07-47 adopted as an emergency.

Mayor Apking presented Ordinance #07-48 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. A motion to read Ordinance #07-48 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 the ordinance was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #07-48 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-48 adopted as an emergency.

Mayor Apking presented Ordinance #07-49,        ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT TO PURCHASE APPROXIMATELY 3.8 ACRES OF LAND AT 10400 READING ROAD AND DECLARING AN EMERGENCY. This is the property owned now by Neyer and is at the Village Crossings. The shopping center will be taken down from the end of the Asian market down toward Reading Road. The surgical center plans to build a four to six story building there. The Village will buy the property for approximately $2.7 million dollars; the surgical center will buy it from us for $1.3 million and tear down the existing portion of the shopping center. We project that within eight years we will be receiving income from this center of $175,000 to $200,000 per year. Mr. Schaefer and Mr. Albrinck both said that they are happy with the plan and this is the result that we wanted. Mr. Albrinck said that the surgical center development that is there now has far exceeded their original projections. Mr. Schaefer said the shopping center was going no where and we have gotten rid of about half of it and the rest is tied up for fairly long term leases so we could not do anything with that portion of the shopping center.

A motion to read Ordinance #07-49 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 ordinance was made by Mr. Lohmeier, seconded by Mrs. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ordinance #07-49 as an emergency was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ordinance #07-49 adopted as an emergency.

Mayor Apking presented Ordinance #07-50,        ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT TO PURCHASE APPROXIMATELY 11.518 ACRES OF LAND AT 1717 GLENDALE-MILFORD ROAD AND DECLARING AN EMERGENCY. Mayor Apking said that this ordinance would allow the Village to purchase the motel across from St. Rita’s on Glendale-Milford Road for $1.4 million dollars. We will have to tear the building down eventually and develop the property. It may take several years to do that. We have had more police calls to that motel that we do not want in Evendale including drugs.

A motion to read Ordinance #07-50 by title only was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of the ordinance was made by Mr. Puthoff, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ordinance #07-50 as an emergency was made by Mr. Albrinck, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ordinance #07-50 adopted as an emergency.

Other items:

Mr. Schaefer asked that the council meeting for September be held on September 20th instead of September 13th. Mayor Apking said that our next council meeting will be on September 20, 2007.

Mr. Lohmeier said that last month in the hometown section of the Enquirer included Doug Nunn’s award and the headline read, “Nunn better in Evendale, Dad earns coaching honor”.  The headline goes right along with Evendale being awarded one of the best 25 suburbs in the US.

A motion to adjourn was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. Council adjourned at 8:31 p.m.


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                                                        Mayor

Attest:


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Village Clerk