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Regular Council Minutes 03/1308
APPROVED MINUTES

The Village of Evendale
Regular Council Meeting
March 13, 2008

The Village of Evendale Regular Council Meeting was called to order by Mayor  Don Apking at 7:00 pm.

The Village of Evendale held a public discussion session prior to the regularly scheduled council meeting. Greg Dale from McBride, Dale and Clarion representing Boyd Bros. Transportation and the Terminal Manager from Boyd Bros. Transportation were present.  Boyd Bros. Transportation purchased 8.5 acres site,   south of Glendale Milford Road and east of S. Medallion in 2006.  Mr. Dale gave a summary of the proposal for zoning changes.  Currently, Boyd Bros. Transportation property is zoned general industrial and used for a truck terminal operation. Boyd Bros. Transportation would like to make improvements such as expanding the service bays by 2 bays for a total of 5 bays.  Boyd Bros. Transportation would also like to expand the service bays by 10 feet to give more room to get their trucks inside.  Boyd Bros. Transportation would also like to increase landscaping along S. Medallion and enclose the dumpster.  Phase 2 would be to expand the administrative office.  Phase #1 would add 4750 additional sq. feet and $8000 landscaping improvements and Phase #2 would be an additional 3780 sq. feet.

Boyd Bros. Transportation is requesting to be rezoned to Planned Business District.  Planning Commission voted unanimously to approve this in January.

Motion to close the public hearing was made by Mr. Vonderhaar and seconded by Mr. Albrinck and unanimously approved.

Roll call- The following council members were present: Ms. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. Bill Puthoff, Jr., Mr. Jeff Albrinck, and Mr. John H. Ranz, Jr.and Mr. Doug Lohmeier.  Also present were: Village Engineer, James Jeffers; Chief Fiscal and Accounting Office, George Snyder; Recreation Director, David Nichols;  Village Solicitor, Tim Burke; Fire Chief Rick Cruse and Village Clerk, Barb Rohs.

A motion to accept the revised agenda was made by Mr. Vonderhaar and seconded by Mr. Albrinck and unanimously approved.  

Mayor  Apking presented the consent calendar. Ms. Carolyn Smiley-Robertson made a couple cosmetic changes to 2-14-08 minutes.  Mr. Vonderhaar made the motion to accept the consent calendar.  Seconded by Mr. Puthoff and unanimously approved.


Report from Committees:

Mayor  Apking explained the Cultural Arts Center opening and classes have been postponed until May 9 and 10th   because of construction.  Everyone has a copy of the proposed classes.

Jeff Albrinck reported that revenues for the year are up $115,000.

Doug Lohmeier would like to be kept informed on the Cultural Arts Center attendance.

Doug Lohmeier reported that the  Fire, Recreation, Service, Engineering, GHF committee met and the Fire Chief has kept them up-to-date on hiring; the pathway lights and poles on Reading Road are up;   and  Saturday morning a public meeting at 8:00 am regarding  the Dan Beard Headquarters involving Council, GHF, Boy Scouts will be held.

Stiney Vonderhaar- St. Rita’s have removed most of playground equipment.  Griffin Nature Preserve workday is May 10th- 9:00-noon.  Welcome Beth Tanner to sign council meetings.

Steve Montgomery, Erickson Retirement Community, was in attendance.  April 20th Erickson will present what they are proposing to the Evendale residents in an open house setting.  John Ranz stated the tour of the facility in Novi was very impressive.  The group met with Administration of Novi and who had nothing but compliments about the Erickson Group.


Presentation of Ordinances and Resolutions:


Mayor  Don Apking presented # Ord 08-09A AMENDING THE ZONING MAP OF THE VILLAGE OF EVENDALE, CHANGING THE ZONING ON THE PROPERTY AT 3521 GLENDALE-MILFORD ROAD FROM “GI,” GENERAL INDUSTRIAL, TO “PBD,” PLANNED BUSINESS DEVELOPMENT.  Discussion: Ms. Smiley-Robertson questioned Part D, #10B where it refers to “dissemination of radioactive material” and is looking for confirmation that this clause is a safe guard for the Village.  Mr. Dale commented that this language is carried forward from the existing general industrial exhibit and it is to prohibit this activity. A motion to read Ordinance #08-09-A by title only was made by Mr.Vonderhaar, seconded by Mr. Albrinck unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #08-09-A   was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call.  

A motion to table Ord 08-09B DENYING A ZONING MAP AMENDMENT CHANGING THE ZONING ON THE PROPERTY AT 3521 GLENDALE-MILFORD ROAD FROM “GI,” GENERAL INDUSTRIAL, TO “PBD,” PLANNED BUSINESS DEVELOPMENT was made my Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved. Mayor  Apking declared Ordinance #08-09 B tabled.

Mr. Lohmeier made a motion to table Ord 08-04A and Ord 08-04B indefinitely and seconded Mr. Albrinck and unanimously approved.  Reasons to table both ordinances were the changes were made through planning commission to meet the requirements of the setback of the signs.

Mayor  Apking presented Ordinance # 08-10 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY.  Discussion by Council regarding the clarification of this ordinance regarding money for Cultural Arts Center and employee suit.  A motion to read Ordinance #08-10 by title only was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance 08-10 was made by Mr. Albrinck, seconded by Mr. Ranz and unanimously approved on roll call. A motion to adopt Ordinance 08-10 as an emergency was made by Mr. Albrinck, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor  Apking declared Ordinance 08-10 adopted as an emergency.

Mayor  Apking presented Resolution # 08-05  RESOLUTION APPROVING THE EXTENSION OF INJURY LEAVE TO JOSEPH R. ASBROCK.  Mr. Albrinck stated that it is standard policy to pay for the time off so it does not affect the Villages workers compensation rates.  Due to delays beyond the Mr. Asbrock’s control related to getting the claim taken care of, the Village will extend injury leave and continue to pay him to preserve the Village of Evendale’s workers compensation rates.  A motion to read resolution #08-06   by title only was made by Ms. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call.  A motion to approve Res. #08-05 was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor  Apking declared Resolution #08-05 adopted.

Mayor Apking presented Resolution #08-06 Resolution of Council approving a Public Records Policy.  A motion to read resolution #08-06   by title only was made by Ms. Smiley-Robertson, seconded by Mr. Albrinck and unanimously approved on roll call... A motion to approve Res. #08-06 was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor  Apking declared Resolution #08-05 adopted.


Mayor Apking presented Ordinance ord #08-11   CLARIFYING VACATION AND HOLIDAY PAY WHILE ON SICK LEAVE OR INJURED-ON-DUTY STATUS AND DECLARING AN EMERGENCE. Discussion:  Ms. Smiley Robertson wanted clarification on the ordinance. George Snyder stated that this ordinance is to clarify the vacation and holiday pay.  Mr. Snyder stated that this ordinance just clarifies that the employee of the Village who is off work because of sick leave can not get paid for vacation time on top of receiving pay for sick leave.  This ordinance prevents the ability of the employee from being paid double.  Ms. Smiley-Robertson concern is how you earn vacation time from one year to the next.  Mr. Snyder stated that #08-11 does not affect how the employee earns their vacation time just how they are paid and preventing getting paid double.  A motion to read Ordinance #08-11 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 #08-11, was made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ordinance #08-11 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor  Apking declared Ordinance #08-11 adopted as an emergency.

Mayor  Apking presented Ordinance #08-12 MAKING APPOINTMENT TO THE COMMUNITY IMPROVEMENT CORPORATION AND DECLARING AN EMERGENCY.   Mayor Apking introduced Mr. Pearlman and thanked him for volunteering.  There were three members of the community who applied for this committee.  A motion to read Ordinance #08-12 by title only was made by Ms. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #08-12 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #08-12 as an emergency was made by Mr. Puthoff seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor  Apking declared Ordinance #08-12 adopted as an emergency.



Mayor  Apking presented Ordinance #08-13 ORDINANCE AUTHORIZING MAYOR  TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE RECREATION CENTER PLAYGROUND REHABILITATION PROJECT, AND MAKING ADDITIONAL APPROPRIATIONS FOR THAT PURPOSE, AND DECLARING AN EMERGENCY.   Discussion:  Mr. Albrinck would like to make sure that next time we have equipment to donate that we go through a more formal procedure. Recreation Commission and Dave Nicholas plus a group of parents discussed the new equipment.  Ages 2-5 and 5-12+ would have separate play area.  Play Shaper System and Landscape Structures are the two systems that are recommended.  Curbing and Surfaces are part of Ord. 8-13A which are safety surfaces that are being recommended.  Pictures were passed around.  The systems can be expanded in the future.  It is being split into 2 ordinances because they are two distinct contracts.   A motion to read Ordinance #08-13 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 Ordinance #08-13 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #08-13 as an emergency was made by Ms. Smiley-Robertson seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor  Apking declared Ordinance#08-13 adopted as an emergency.


Mayor  Apking presented Ordinance #08-13A  AUTHORIZING MAYOR  TO PURCHASE FROM THE STATE OF OHIO PROCUREMENT PROGRAM FOR THE RECREATION CENTER PLAYGROUND SAFETY SURFACING, AND MAKING ADDITIONAL APPROPRIATIONS FOR THAT PURPOSE, AND DECLARING AN EMERGENCY.  A motion to read Ordinance #08-13A by title only was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #08-13A was made by Mr. Ranz, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ordinance #08-13A as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor  Apking declared Ordinance#08-13A adopted as an emergency.


Mayor  Apking presented Ordinance #08-14 AUTHORIZING MAYOR  TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE TRAFFIC SIGNAL POLES/MAST ARMS AT READING ROAD AND GLENDALE MILFORD PROJECT, AND MAKING ADDITIONAL APPROPRIATIONS FOR THAT PURPOSE, AND DECLARING AN EMERGENCY.  Discussion: Mr. Cameron stated this ordinance would allow us to purchase the poles with the mast arms for the Reading Rd/Glendale Milford intersection and be later reimbursed.  The Village has a grant to do this project with ODOT.  ODOT will bid and run this project starting in July.  This means they would not order the material until July.   The poles take 20 weeks.  The Village of Evendale would like to order the poles and then get reimbursed through ODOT.  The contract is for $91,271.00 and the base is $33,500 which we get reimbursed 90%.  These poles are updated and decorative.  The Village would pay an additional $60,000 for the upgrade.  The $60,000 is for the light fixtures, mast arms and poles.  Mr. Lohmeier asked if there is a market for the used poles.  A motion to read Ordinance #08-14 by title only was made by Mr. Albrinck, seconded by Mr. Ranz and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #08-14 was made by Mr. Ranz, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ordinance #08-14 as an emergency was made by Mr. Albrinck, seconded by Mr. Ranz and unanimously approved on roll call. Mayor  Apking declared Ordinance #08-14 adopted as an emergency.

Mayor  Apking presented Ordinance #08-15  CLARIFYING THE POSITION AND SALARY OF JAMES BOTHE AS FOREMAN AND ACTING SERVICE DIRECTOR AND DECLARING AN EMERGENCY. A motion to table Ordinance #08-15 was made by Mr. Albrinck, seconded by Mr. Lohmeier.  Five “yes” votes to table and Mr. Vonderhaar voted “no”. Mayor  Apking declared Ordinance #08-15 tabled.


Mayor  Apking presented Ordinance #08-16 INCREASING THE HOURLY RATE OF PAY FOR WILLIAM MECHLEY, THE VILLAGE CHIEF ELECTRICIAN.  A motion to read Ordinance #08-16 by title only was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ordinance #08-16 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ordinance #08-16 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor  Apking declared Ordinance #08-16 adopted as an emergency.

Other business:


Mayor Don Apking stated that asbestos was found in the Cultural Arts Center.  This was not an anticipated expenditure. The Village is going through the process to clean the Cultural Arts Center at $22,000.  This amount will come out of the $100,000 allocated to the Cultural Arts Center.  So far, $23,000 expenditures, $25,000 outstanding PO plus the salaries of employees doing the work, approximately $24,000.  

James Jeffers explained the process of testing for asbestos.  A particle test was completed and found that asbestos was airborne in areas other that the boiler room and levels were "borderline" from an OSHA standpoint.  It is not known the original source of asbestos. They do a “spic and span” job and wash the equipment and surfaces down to remove particles.  This process will clean the air.   The Village has asked for a price to clean what has been disturbed and remove any asbestos that is currently known to be exposed which includes:  hallway, boiler room, storage room, men and women’s restroom, gym and the office right outside the gym.  This will certify to us that the building is in a clean state, but does not certify that there is no more asbestos material in the building. Any area that has been exposed at this point will be cleaned up and abated and that the potential risk of it being re-contaminated will be minimized until we decide to renovate another area.

Jeff Albrinck questioned if we knew if there was asbestos in building before we started. James Jeffers stated that Pinnacle Environmental did the environmental assessment that included an asbestos report when the building was being looked at as a museum a number of years ago.  There was known asbestos in the building because of the age.  The exposure was considered minor.

Mr. Vonderhaar pointed out since the Village owns the building, even if the building was torn down, the asbestos would have to be abated.

John Ranz asked if we did more renovation would we be recontaminations the entire building?  Mr. Jeffers went into depth describing HVAC system and how it works.

Mayor  Apking is asking for $22,000 to clean the Cultural Arts Center portion of the building and $16,000 to remove the remainder of the known asbestos from the building.

Tim Burke stated the building right now meets OSHA standards and there was one test in one place of the building that would not meet the OSHA standards of a school building.  

James Jeffers recommends that even though we would meet OSHA guidelines that we abate the asbestos that we know about because of the public using the building.  Even if the building is demolished the Village would still have to abate the asbestos.


Conclusion is that Council agreed that they may in the future see two  ordinances stating that 1) will not have to go into competitive bidding and 2) an a appropriations for the additional work.

John Ranz -10800 N. Reading Rd there is storage of heavy equipment stored on site that has been there over one month.  Property is owned by Mr. Rippe.  Mr. Cameron will confirm with business owner that there is no practical purpose of the heavy equipment.  Mr. Ranz witnessed snow being dumped on lot.  

Motion to move into executive session is made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call.




There were no other items to go before Council. A motion to adjourn was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved. Council adjourned at 8:45 pm.


                                                        _______________________
                                                        Mayor
Attest:

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Village Clerk