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Regular Council Meeting 12/10/09

MINUTES
The Village of Evendale
Regular Council Meeting
December 10th, 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; Recreation Manager, Dave Nichols, Village Solicitor, Tim Burke; and Village Clerk, Barb Rohs.

The Mayor presented Ord.  #09-57 ORDINANCE APPOINTING STEVE NIEHAUSER AND JEFF McDANIEL TO THE POSITION OF POLICE LIEUTENANT IN THE VILLAGE OF EVENDALE POLICE DEPARTMENT AND DECLARING AN EMERGENCY.  A motion to read Ord. #09-57 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. #09-57 was made by Ms. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #09-57 as an emergency was made by Mr. Puthoff, seconded by Mr. Ranz and unanimously approved on roll call. Mayor Apking declared Ord. #09-57   adopted as an emergency.

Lieutenant McDaniel and Lieutenant Niehauser introduced friends and family. The oath of office was performed.  

The Mayor presented Res. #09-08 A RESOLUTION CONSENTING TO THE EXECUTION OF AN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF HAMILTON COUNTY, OHIO AND SAEC / KINETIC VISION, INC. AND DYNAMIC SIGHT PROPERTIES, LTD. PROVIDING FOR THE ADOPTION OF A PROJECT WHICH WILL RELOCATE A BUSINESS IN THE VILLAGE OF EVENDALE AND CREATE EMPLOYMENT OPPORTUNITIES WITHIN AN ENTERPRISE ZONE OF HAMILTON COUNTY AND DECLARING AN EMERGENCY.  Mr. Cameron addressed council.  He introduced Jeremy Jarrett, VP SAEC kinetic vision and Stacy Dietrich-Dudas, Hamilton County Development Company.  CIC has recommended approval of this agreement.  Mr. Jarrett, from SAEC/ kinetic vision, addressed council.  They are currently located in Blue Ash.  SAEC/ kinetic is a product engineering and process developer.  The current largest clients are GE Aviation, P&G and Ethicon. In the past 5 years SAEC/ Kinetic has doubled in size and sales.  They recruit students from local colleges as interns and possibly offer them fulltime employment.  The financial impact on Evendale is approximately $31,000 in tax benefits which includes payroll tax and tax on profit of the company.  Payroll is approximately 2M and total sales are just below 3M.  The plans in the Enterprise Zone agreement are to add 9 full time employees and 8 part time employees over the next 3 years.  

A motion to read Res. #09-08 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 Res. #09-08 was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Res. #09-08 as an emergency was made by Mr. Puthoff, seconded by Mr.Vonderhaar and unanimously approved on roll call. Mayor Apking declared Res. #09-08 adopted as an emergency.

Mr. Cameron addressed council.  The location for SAEC/ kinetic vision is in the Evendale Commons Business Park.  Details of the agreement are as such:  six year tax abatement, 75% on property tax, no school board approval needed, it will not require revenue sharing and will have a annual review by the Hamilton County Development Company to make sure they have met their goals outlined in the enterprise abatement documentation.  The Planning Committee will review their site plan next week.  There will be a lot split that should be before council at the January council meeting.

Susan VanAmerongen, President of GHF Trustees addressed council. The GHF has been awarded a 3 year grant by Social Venture Partnership.  SVP addressed council explaining their background and their commitment to GHF.  SVP asked for Evendale to please continue their commitment to GHF.  Jim Yunker and Joe Ratterman are the lead partners for SVP. There are over 2000 partners internationally.  SVP started in Cincinnati in 2007. They are engaged philanthropist that donate their money and expertise to organizations.  They work with organizations to meet their goals.  This year environment and education is SVP's focus in Cincinnati.  GHF and Imago Earth Center are the two grant recipients in the Cincinnati area.  GHF was chosen because of their great product, great education center with existing programs and products, great locations, commitment level of staff and board to grow the farm, SVP has skills to offer the farm, addition of Dan Beard Council Achievement Center and existing sunflower festival.  The three areas of expertise that SVP is providing GHF are leadership development, long range planning and fundraising.  GHF has great potential in the region and the Villages because it appeals to family and schools.  

Mayor Apking presented the consent calendar.  A change will be made to the minutes that Mr. Lohmeier is head of the Police and Fire Council Committee, not Mr. Ranz.  Mr. Lohmeier made the motion to accept the consent calendar, seconded by Mr.Vonderhaar and unanimously approved


Committee Reports:

Police and Fire:  Tonight their will be an ordinance to change the fine schedule.
Finance:  The Village's income is within $3000 of estimate 2009.  Deficit of this year is currently $558,000 and cash balance at the end of November is over $16,900,000.  Additional meetings have been canceled because of health matters.  An additional meeting will be held before the Dec. 21 meeting regarding the budget.   


Presentation of Ordinances

The Mayor presented Ord. # 09-52 ORDINANCE AUTHORIZING MAYORTO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATESAND DECLARING AN EMERGENCY.  This ordinance is needed every year to rehire the part-time employees.  There will be no pay raise for 2010. Mr. Puthoff recused himself for the vote.  .A motion to read Ord. # 09-52 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 # 09-52 was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt # 09-52 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared # 09-52 adopted as an emergency.


The Mayor presented   Ord.  # 09-53 ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY.  A motion to read Ord.  # 09-53 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 Ord.  # 09-53  was made by Ms. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord.  # 09-53  as an emergency was made by Mr. Puthoff, seconded by Mr. Vonderhaar  and unanimously approved on roll call. Mayor Apking declared Ord.  # 09-53  adopted as an emergency.


The Mayor presented   Ord. # 09-54 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY.  A motion to read Ord. # 09-54 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. # 09-54 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. # 09-54 as an emergency was made by Ms. Smiley-Robertson, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. # 09-54 adopted as an emergency.

The Mayor presented Ord #09-55  ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE HOUSING OF EVENDALE PRISONERS IN THE BUTLER COUNTY JAIL AND DECLARING AN EMERGENCY.  Discussion:  This is for those in violation of Evendale ordinances.  Chief Korte said this is a line item that has not been used because Hamilton County would not take any prisoners.  When Hamilton County did take prisoners then it would be $60 a day and Butler County is $70 a day.  Chief Korte stated that the intent is not to send more people to jail from Mayors Court.  A motion to read Ord #09-55    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 #09-55 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call.  A motion to adopt Ord #09-55   as an emergency was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord #09-55   adopted as an emergency.

The Mayor presented Ord #09-56  ORDINANCE AMENDING SUBSECTION 438.31(g), OCCUPANT RESTRAINING DEVICE REQUIRED - PENALTY SECTION AND DECLARING AN EMERGENCY.  Discussion:  The proposed fine is being increased for not having an occupant restrained.  Currently this is the only fine that has a specific dollar amount in the ordinance we can be increase and Evendale is able to keep the money instead of turning it over to the State of Ohio.  The State of Ohio takes all the money for child restraint violation.   A motion to read Ord #09-56    by title only was made by Mr. Puthoff, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to suspend the second and third readings of Ord #09-56   was made by Mr. Lohmeier, seconded by Mr. Vonderhaar  and unanimously approved on roll call. A motion to adopt Ord #09-56   as an emergency was made by Ms. Smiley-Robertson, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord #09-56   adopted as an emergency.

The Mayor presented Ord. #09-58  ORDINANCE AMENDING SECTION 258.074, COURT TIME ALLOWANCE AND DECLARING AN EMERGENCY.  Discussion:  Mr. Schaefer would like to know if this is an additional cost item.  This moves it from 2 hours overtime to 3 hours overtime.  YTD this year would cost a little less than $5000 per year.  This does not affect mayor's court.  The police officers have to use their off day to go to court.  Chief Korte surveyed the surrounding agencies and Evendale is behind in the overtime pay.  An officer is only paid when court time begins.  It does not take into account collecting evidence or travel time.  Mr. Schaefer moved to table until December 21 to discuss some legal issues with Mr. Burke.  This was seconded by Ms. Smiley-Robertson and unanimously approved on roll call.  

The Mayor presented Ord.  #09-59 ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY.   A motion to read Ord.  #09-59 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.  #09-59 was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. A motion to adopt Ord.  #09-59 as an emergency was made by Mr. Lohmeier, seconded by Mr. Vonderhaar  and unanimously approved on roll call. Mayor Apking declared Ord.  #09-59 adopted as an emergency.

The Mayor presented Ord. #09-60 ORDINANCE AUTHORIZING MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR THE RECREATION CENTER HVAC REPLACEMENT PROJECT AND DECLARING AN EMERGENCY.   A motion to read Ord. #09-60  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 Ord. #09-60 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #09-60 as an emergency was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ord. #09-60 adopted as an emergency.

The Mayor presented Res.  #09-09 A RESOLUTION SCHEDULING A PUBLIC HEARING ON THE 2010 EVENDALE VILLAGE BUDGET.   A motion to read Res. #09-09 by title only was made by Mr. Puthoff, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Res. #09-09 as an emergency was made by Mr. Puthoff, seconded by Mr.Vonderhaar and unanimously approved on roll call. Mayor Apking declared Res.  #09-09 adopted as an emergency.

A motion to table Ord. #09-61 ORDINANCE MAKING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010 AND DECLARING AN EMERGENCY was made by  Mr. Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call.

The Mayor presented Ord. #09-62  ORDINANCE AMENDING SECTION 258.070, HEALTH INSURANCE, SUBSECTION (c)AND DECLARING AN EMERGENCY.  Discussion: The employees over 65 are not eligible, per IRS rules, for the HSA account and still have to use the health reimbursement account.  These employees will be exposed for the first $400 dollars.  The village will contribute 50% of the first $800 then 100% after that.   A motion to read Ord. #09-62    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. #09-62   was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #09-62   as an emergency was made by Mr. Lohmeier, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ord. #09-62 adopted as an emergency.


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Other Business:

Mr. Vonderhaar welcomed our new interpreter, Colleen Jacobs.  Mr. Lohmeier stated that at the Evendale Light Up the lights should not of been turned off in the parking lot.  It will not happen next year.  

Mr. Schneider, resident,  asked about the Northland Shopping Center and asked what is happening.  Mr. Cameron stated that at the end of 2007 the lot was split.  The lot is being demolished so prospective tenants can have a better understanding of the amount of land that is available.  

Mr. Ranz stated that everyone has a letter regarding rate increases from Duke Energy.  Mr. Ranz feels it is time to again discuss electric saving and gas aggregation.  Mr. Cameron stated that a company has looked at Evendale's energy use and have given some price comparisons.  Jack will get together information regarding the Villages electric use.  The gas aggregation portion needs to be put on the ballot for the voters to decide.  
Mayor Apking would like to meet with Duke Energy if we can do our own maintenance of street lights to get better lighting.

Executive Meeting:  A motion to adjourn to executive session to discuss personnel issues was made my Mr. Puthoff and seconded my Mr. Vonderhaar and unanimously approved.  

A motion to adjourn was made by Mr. Vonderhaar and seconded by Ms. Smiley-Robertson and unanimously approved on roll call.  Meeting was adjourned at 8:00.




                                                        _______________________
                                                       Mayor
Attest:

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Village Clerk