MINUTES
The Village of Evendale
Regular Council Meeting
February 12, 2009
Council conducted a public hearing on an appeal from the Zoning Board of Appeals filed by Arcadia and Rest Haven Memorial Cemetery.~ Argument was presented by Mr. Joseph Trauth on behalf of the Appellant and Mr. Tim Mara presented argument on behalf of citizens living nearby.~ Mr. Patterson, one of the residents living nearby also offered argument.~ Mr. Trauth offered a rebuttal argument.~ The hearing was closed after those arguments were completed.~
It should be noted that the Hearing was tape recorded and a court reporter was also present.
The Village of Evendale Regular Council Meeting was called to order by Mayor Apking at 7:40 pm.
Roll call- The following council members were present: Ms. Carolyn Smiley-Robertson, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Bill Puthoff, Mr. Jeff Albrinck and Mr. Doug Lohmeier. ~ Also present were: ~Assistant to the Mayor, Jack Cameron; Village Engineer, ~James Jeffers; Village of Evendale Fire Chief, Rick Cruse; ~ Village Solicitor, Tim Burke; and Village Clerk, Barb Rohs.
A motion was made to amend the order of the agenda, moving Ord. #09-06 and #09-07 to the top of the agenda was by Mr. Vonderhaar and seconded by Mr. Lohmeier and unanimously approved.
Mr. Puthoff then recused himself from the vote regarding Ord. #09-06 and #09-07.
A motion to move into executive session to deliberate on the matter before council was made by Mr. Vonderhaar and seconded by Mr. Lohmeier and unanimously approved.
Mr. Vonderhaar made a motion to recommend Ord. 09-07 and seconded by Mr. Albrinck. Ms Smiley-Robertson recommend an amendment to add wording to the 3rd “Whereas” to add “Based on the November 26, 2008 letter of Building Commission Don Mescer” at the beginning of the paragraph.
Mayor Apking presented Ord # 09-07, as amended, AN ORDINANCE DENYING THE APPEAL OF ARCADIA TOWERS, LLC AND REST HAVEN MEMORIAL PARK ASSOCIATION AND ELIMINATING THE NEED FOR FURTHER CONSIDERATION OF THE APPLICATION FOR A WIRELESS COMMUNICATION TOWER IN THE REST HAVEN CEMETERY PROPERTY BY THE PLANNING COMMISSION AND DECLARING AN EMERGENCY. A motion to read # 09-07, as amended, by title only, as amended, 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 # 09-07, as amended, was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to adopt # 09-07, as amended, as an emergency was made by Mr. Ranz,
seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared # 09-07, as amended, adopted as an emergency.
A motion to table Ord. 09-06 was made by Mr. Lohmeier and seconded by Ms. Smiley-Robertson and unanimously approved on roll call.
Mayor Apking presented the consent calendar. ~Mr. Lohmeier made the motion to accept the consent calendar, seconded by Mr. Albrinck and unanimously approved.
Report of Mayor and Council Committees: Both Council Committee meetings were affected because of weather.
Fire, Recreation, Service, Engineering and GHF Committee Report- Peggy Paff has resigned as the Executive Director of Gorman Heritage Farm. GHF is also looking for a new farm manager. The Fire Department has purchased some capital items. Mr. Vonderhaar reported 112 people are taking this session at the Cultural Arts Center and 23 people attended CF Payne exhibit.
Police, Finance and Administration Committee Report- Mr. Albrinck gave monthly finance report. Committee continues to meet with Roger Cox of BondTech regarding current methods of investing.
Presentation of Ordinances and Resolutions:
Mayor Apking presented ORDINANCE #09-03 AUTHORIZING MAYOR TO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read #09-03 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 #09-03 was made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt #09-03 as an emergency was made by Mr. Ranz, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared #09-03 adopted as an emergency.
Mayor Apking presented Ord. # 09-04 ORDINANCE APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. A motion to read # 09-04 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 # 09-04was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt # 09-04 as an emergency was made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared # 09-04 adopted as an emergency.
Mayor Apking presented Ord. # 09-05 AN ORDINANCE AMENDING ORDINANCE NO. 08-66, CLARIFYING SANFORD WARNER’S TERM ON THE TAX REVIEW BOARD AND DECLARING AN EMERGENCY. Mr. Puthoff made the motion to amend Section 1 of the ordinance to show the correct ending term date of 12-31-09. Mr. Vonderhaar seconded the motion and unanimously approved. A motion to read # 09-05 by title only, as amended, 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 # 09-05 was made by Mr. Puthoff, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to adopt # 09-05 as an emergency was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared #
09-05 adopted as an emergency.
Mayor Apking presented Ord #09-08 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEED OF EASEMENT TO THE BENEFIT OF DUKE ENERGY OF OHIO, INC. TO PROVIDE ELECTRIC SERVICE TO THE BOY SCOUT ACHIEVEMENT CENTER AND DECLARING AN EMERGENCY. Discussion: Electrical transformers are on the backside of building and Duke needs access by way of an easement. A motion to read #09-08 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 #09-08 was made by Mr. Lohmeier, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt #09-08 as an emergency was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared #09-08 adopted as an emergency.
Discussion- Comprehensive Master Plan
A special council meeting was held on 2-11-09 to discuss the Comprehensive Master Plan. Discussion will continue at on March 3, 2009 at 7:00 pm.
Other Business:
Mr. Ranz asked to have an Economic Development update. Mr. Cameron stated that the Social Security office is looking at the property between Mr. Clean Car Wash and 5/3 Bank. Preliminary plans have been brought to Planning Commission in January and again on the agenda in Planning Commission in February. This would be a relocation of the Roselawn office. Will Korte and Bob Adleta, are the developers on this site under the name Securities Holdings LLC. The site has been approved by the GSA. Because the office needs to be located on a bus line, the office would have to run a shuttle to the property a few times a day, from Reading. All Council Members were in agreement that this business does not fit with the concept or vision of the property and asked if it could be moved off of
Reading Road. Council would like Mr. Cameron to approach GSA about entertaining other sites for approval in the office portion of Evendale Commons. Mr. Burke stated that you can make a formal inquiry.
There was no need to adjourn to Executive Session.
A motion to adjourn was made by Mr. Albrinck and seconded by Mr. Vonderhaar and unanimously approved. Meeting was adjourned at 8:45.
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