MINUTES
The Village of Evendale
Regular Council Meeting
May 14, 2009
The Village of Evendale Regular Council Meeting was called to order by Mayor Apking at 7:00pm.
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: Village Engineer, James Jeffers; Village of Evendale Fire Chief Rick Cruse; Village of Evendale Police Chief Gary Foust, Recreation Manager Dave Nichols, Village Solicitor Tim Burke; and Village Clerk Barb Rohs.
Mayor Apking presented the consent calendar. Mr. Vonderhaar made the motion to accept the consent calendar, seconded by Mr. Lohmeier and unanimously approved.
Report of Mayor and Council Committees:
Fire, Recreation, Service, Engineering and GHF Committee Report:
Hamilton County Sewer and Water District presented to the committee and had some items to discuss. The committee referred the items to the Building Commissioner, Village Solicitor and Village Engineer for their review and input. This will be addressed in the Council committee meeting in June.
Evendale will still hold their Fourth of July celebration as planned. Some communities have cancelled their events this year.
The Fire Department is looking into a grant for a new apparatus for ladder truck.
Police, Finance and Administration Committee Report:
On-site accreditation for Police Department was performed and went well. Overtime hours for the Police Department are mainly due to the investigation on the homicide on I-75. Revenues are down $300,000 in April but remain on budget and equal with 2008 budget.
Mr. Vonderhaar reported the Earth Day was a success. Griffin Nature Preserve has a successful clean-up day. Family Pool Party on May 29th. Pavilion activities begin June 1st. The Family Camp out will be June 12th and Cultural Arts show on May 22-24th featuring Mary Jean Weber. Phi Lambda Phi invitations are out for 50th anniversary on Saturday July 25th.
A letter went to the US Congress of America in regards to the joint Striker project that GE is involved to be put back into the budget.
Mayor Apking and Jack Cameron met with GE. GE will be presenting to the State of Ohio and Hamilton County for money to upgrade their facility.
Mayor Apking would like to complete the pathway lights on Cooper to Reading Rd at a cost of $44,000 and to be performed in house. This item is not in 2009 budget but is on the list of items to be considered.
Lighting around Formica is 4 lights @ $4,000 a light plus $5,000 for conduit. Mayor Apking would like to just run the conduit to the islands because the islands will have a sprinkler system and install the lighting on the islands next year. Mr. Vonderhaar is in favor of Mayor Apking's suggestion.
Ms. Smiley-Robertson is in agreement with doing the project as long as we are on track with the budget. She would prefer to separate the path lights and island lighting and go ahead with the path lights and run the conduit.
Mr. Ranz would like to point out that April is historically our largest tax revenue month. April is down $100,000 over 2008 and $600,000 compared to 2007.
Mr. Lohmeier suggested we amend this month's appropriation ordinance to add the path lights and conduit.
Mayor Apking, and by recommendation from the Police Department, would like to change the structure of the Police Department to three Lieutenants, three Sergeants and one Police Chief. All positions would directly report to the Chief. Mayor Apking would like a motion to expand the eligibility criteria to include the Sergeants when interviewing for Police Chief which would be in a form of a resolution at the next Council meeting.
Council went on to discuss the importance of the testing for Police Chief. Mayor Apking does not see the benefit for testing for a new Police Chief. He would like to see each Police Chief Candidate interview before Council and Council will review individual records/jackets. Mr. Ranz suggested that we ask each candidate to present a resume and Council be able to review their performance review. Ms. Smiley- Robertson asked why we would not test for the Police Chief. Mayor Apking feels that we have tested the potential candidates enough and does not think you get additional information from the test. Mayor Apking does think that a psychological test should be done on the candidates. Ms. Smiley- Robertson feels that testing is another component to evaluate which one of the candidates is prepared to be
Police Chief. If the test is done correctly, it gives Council another objective measure of the candidate's ability to manage the Police Department. Their jackets may not give you an indication on how the candidates will perform at the next level. Their jackets show how each candidate has performed at the job they are currently holding. Mayor Apking asked Chief Foust if there was a test for Chief. Ms. Smiley-Robertson stated that the Village did not test for Fire Chief but the eligible pool did not go beyond the Captains of that department.
Chief Foust addressed Council and stated that when the department reorganized to 2 Lieutenants and 4 Sergeants it was done in anticipation of making a larger pool for Police Chief. Chief Foust will retire in August 2009 and a Lieutenant Goller has indicated verbally that he will be retiring in 2010. This would leave the department with one Lieutenant. Chief Foust has been mentoring the Sergeants to give them additional administrative responsibilities. Currently, the existing Sergeants are handling some of the job duties of Lieutenants such as managing the criminal investigation function, property room, preparing and presenting the budget, preparing schedules, participating in Committee meetings and other administration functions. The Lieutenants already have staff function administrative responsibility. When a
fourth Sergeant position was added, that position manages criminal investigation, which is a staff function responsibility, a duty previously managed by the Lieutenant. Each sergeant rotates into the criminal investigation position for a period of time. Chief Foust stated that the Sergeants all have had additional training in preparation of this proposed change. Mayor Apking feels we have potential candidates within the Village of Evendale.
Ms. Smiley-Robertson asked Chief Foust to clarify if all Sergeants and Lieutenants attended the additional training or have had the opportunity to attend additional training. Chief Foust stated that all Sergeants and Lieutenants have had the option of attending advanced training. All the Sergeants and Lieutenant who have showed interest in applying for this position have attended Northwestern University School of Police and Staff Command, FBI National Academy and/or 2 of the 3 Ohio State Police and Leadership Training.
Ms. Smiley-Robertson wants to clarify the hiring process prior to Council interviewing.
Mayor Apking would like a motion to expand the eligibility.
Mr. Puthoff made the motion to expand the eligibility to include Sergeants seconded by Mr. Vonderhaar and unanimously approved.
Ms. Smiley-Robertson would like to discuss the hiring process with the Chief and Mayor in more depth.
Presentation of Ordinances and Resolutions:
Ord #09-23 A and B were moved to the beginning of the agenda. Shad Phipps and Christopher Diver, representing Equity/Neyer, presented to Council there request for a sign variance at the Village Crossing Retail Center. The Crossings currently have 4 signs. They would like a variance to move the sign off the US Bank property and place it on island. Equity would also like to keep the larger sign on the building on Reading Rd. and remove the sign off of the road. The variance would allow them 2 signs on one parcel and one sign on the other parcel. Mayor Apking asked if the signs really gave them leads for the building. Mr. Fids stated it was a combination of signage and networking.
Our current code allows one sign per parcel and max. of 28 square feet. Equity/Neyer were unaware they were violated the sign code. They rely on the sign company to check the sign code in each municipality. The Crossings received a sign violation on April 16th, 2009.
Mr. Albrinck asked how many communities would allow the banner the size of the one on the building along Reading Rd.
Mr. Lohmeier made the motion for Ord. #09-23B, denying the sign variance and seconded by Mr. Vonderhaar
Mayor Apking presented Ord. #09-23B. A motion to read Ord. #09-23B 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 Ord. #09-23B was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call.
Mr. Vonderhaar made a motion to table ORD. # 09-23A ORDINANCE GRANTING THE SIGN VARIANCES APPLIED FOR THE EQUITY VILLAGE CROSSINGS, LLC SHOPPING CENTER AT 10400 READING ROAD AND DECLARING AN EMERGENCY, seconded by Mr. Lohmeier and unanimously approved.
Mayor Apking presented ORD. #09-13 AN ORDINANCE ESTABLISHING SEPARATE COURT COSTS TO BE CHARGED IN MAYOR'S COURT TO COVER COMPUTER COSTS, ESTABLISHING A SPECIAL FUND TO RECEIVE DEPOSITS OF SAID COSTS ENTITLED MAYOR'S COURT COMPUTER FUND, AND DECLARING AN EMERGENCY. A motion to read ORD. #09-13 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 ORD. #09-13 was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call.
Mayor Apking presented ORD. #09-17 AN ORDINANCE APPROVING A SCHEDULE OF PAYOUT FINES FOR INDIVIDUALS WHO HAVE RECEIVED CITATIONS TO PAY OUT THOSE CITATIONS RATHER THAN APPEAR IN MAYOR'S COURT. A motion to read ORD. #09-17 by title only was made by Mr. Vonderhaar, seconded by Mr. Ranz and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #09-17was made by Mr. Puthoff, seconded by Mr. Albrinck and unanimously approved on roll call.
Mayor Apking presented ORD. #09-18 AN ORDINANCE APPROVING, AS A GUIDE FOR LAND USE AND PLANNING DECISIONS, A MASTER PLAN FOR THE VILLAGE OF EVENDALE. Another public hearing is not needed., per Mr. Burke. This is the first reading of ORD #09-18.
Mayor Apking presented ORD. # 09-19 ORDINANCE AUTHORIZING MAYOR TO HIRE SEASONAL EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read ORD. # 09-19 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 ORD. # 09-19 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt ORD. # 09-19 as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD. # 09-19 adopted as an emergency.
Mayor Apking presented ORD. #09- 20 ORDINANCE AUTHORIZING MAYOR TO HIRE SEASONAL EMPLOYEES AND SETTING PAY RATESAND DECLARING AN EMERGENCY. Mr. Puthoff recused himself from the vote. A motion to read ORD. #09- 20 by title only was made by Ms. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to suspend the second and third readings of ORD. #09- 20 was made by Mr. Ranz, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD. #09- 20 as an emergency was made by Mr. Ranz, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared ORD. #09- 20 adopted as an emergency.
Mayor Apking presented ORD. # 09- 21 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS AND DECLARING AN EMERGENCY. Discussion: Mr. Lohmeier wanted to better understand the additional $15,000 Cultural Arts . The additional $15000 is the fees of the teachers. The current expenditure for fees is approximately $5000. This is a budgeting mistake because there was no history. Mr. Vonderhaar made the motion to amend the first line to $100,000 for the additional path lights and conduit to islands. A motion to amend ORD. #09-21 was made by Mr. Vonderhaar and seconded by Mr. Puthoff and unanimously approved. A motion to read ORD. # 09- 21, as amended, 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 ORD. # 09- 21, as amended, was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD. # 09- 21, as amended, as an emergency was made by Mr. Puthoff seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD. # 09- 21, as amended, adopted as an emergency.
Mayor Apking presented ORD. #09-22 ORDINANCE AMENDING ORDINANCES 95-100, 95-119, 96-22, 01-13 AND 02-66 BY ALTERING AMOUNTS IN IMPREST CASH FUND AND DECLARING AN EMERGENCY. A motion to read ORD. #09-22 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 ORD. #09-22 was made by Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt ORD. #09-22 as an emergency was made by Ms. Smiley-Robertson, seconded by Mr. Ranz and unanimously approved on roll call. Mayor Apking declared ORD. #09-22 adopted as an emergency.
Other Business:
Mr. Puthoff would like for Village Crossings to be notified right away to comply with the Village of Evendale's sign code.
A motion to adjourn into Executive Session was made by Mr. Vonderhaar and seconded by Mr. Lohmeier and unanimously approved.
A motion to adjourn was made by Mr. Lohmeier and seconded by Mr. Puthoff and unanimously approved. Meeting was adjourned at 9:00.
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Mayor
Attest:
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Village Clerk
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