MINUTES
The Village of Evendale
Regular Council Meeting
February 11th, 2010
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 Chris Schaefer, and Mr. Doug Lohmeier. ~ Also present: ~ Village Engineer, James Jeffers; Village of Evendale Fire Chief, Rick Cruse; Police Chief, Niel Korte; 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 Ms. Smiley-Robertson and unanimously approved.
Report of Mayor and Council Committees:
Mayor Apking stated that parking vehicles on the grass is prohibited. A warning will be issued the first time, the second time a ticket, and third time a ticket with a larger fine. Gravel is considered a hard surface at this time but may be changed in the future.
Police- Fire Council Committee- There is an ordinance on tonight’s agenda for seniority for the fire and police department. Three candidates will be interviewed for open position for police department.
Finance-Administration -Recreation-Service-Engineering and GHF Council Committee- Tax revenues were very good in January. The committee met with the HIRT committee. Two questions were brought to council with regard to the HIRT committee and the direction the council would like the committee to move forward in 2010 with regards to contributions levels and procedures? Would council like the committee to look at other areas of compensation in addition to health insurance? Council agreed that participation will be continued but at what level would not be determined until 2010 financial figures and the cost of insurance is known. Next meeting with this committee is not until July. Mayor Apking would like to discuss compensation with a selected employee group rather than the HIRT committee. Mr. Puthoff and Mr. Lohmeier both feel that the philosophy on participation and village contribution should be discussed in council.
Presentation of Ordinances and Resolutions:
The Mayor presented Ord, #09-64 ORDINANCE SUSPENDING SECTION 258.076 TUITION REFUND, AND DECLARING AN EMEMGENCY. (THIRD READING). Discussion: Mr. Lohmeier feels that a total amount per year/per department should be considered. Mr. Schaefer wants to make sure the council has appropriated the money before approval is given. Mr. Puthoff thinks the ordinance on the table is not necessary because the Mayor understands council’s position. Mr. Burke said council could refer this ordinance back to committee or table the ordinance. Mr. Schaefer feels council needs to take the authority away from the mayor until the ordinance is worded correctly. Mr. Ranz wants to make sure the two police officers in the program are protected. Ms. Smiley-Robertson
stated that the ordinance is not appropriate because it deals with one specific situation. Consideration should be to legislate by job title. A motion to table Ord. 09-64 was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and approved on roll call by Ms. Smiley-Robertson, Mr. Vonderhaar, Mr. Ranz, Mr. Lohmeier, Mr. Puthoff and a no vote by Mr. Schaefer.
The Mayor presented Ord. #10-07 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF EVENDALE WITH JACK CAMERON REGARDING TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY. A motion to read Ord. #10-07 by title only was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Discussion: Ms. Smiley-Robertson feels that Section 6 should be amended to change the 40 hours a week to “shall generally be” because this program is demanding at times. She feels the proposed wording treats Mr. Cameron as an hourly employee instead of a salaried employee. A motion was made be Ms. Smiley-Robertson and seconded by Mr. Puthoff. Mr. Schaefer commented Mr. Cameron should not be treated
as an hourly employee. Also, the original adopted ordinance stated that schooling should not interfere with work time and he feels this interferes with work time. Mr. Puthoff stated that this proposed ordinance is a contract with Mr. Cameron not tuition reimbursement. Mr. Burke stated that even though he is not expected to punch the clock he is still expected to fulfill his duties of a full time employee. Mr. Puthoff asked if this is a taxable benefit. Mr. Burke stated that is between Mr. Cameron and the IRS. Ms. Smiley-Robertson pulled her motion off the table. Mr. Schaefer made the motion to change Section 6 of the contract should be amended to “is still expected to perform the duties of his full time employment with the Village of Evendale”. Seconded by Mr. Puthoff and unanimously approved at roll call. Mr. Schaefer wanted to know if the $58,000 includes the China trip or does the Village incur any other cost. Ms. Smiley-Robertson stated this is the cost of the
Executive MBA program not the trip. She clearly sees the benefit of this program with benefit Mr. Cameron and the Village of Evendale. Mayor Apking signed a letter recommended Mr. Cameron for the program. Mr. Cameron has the contract with Xavier. A motion to suspend the second and third readings of Ord. #10-07, as amended, was made by Mr. Ranz, seconded by Ms. Smiley-Robertson, voted yes by Mr. Ranz, Ms. Smiley-Robertson, Mr. Vonderhaar, Mr. Ranz, Mr. Lohmeier, Mr. Puthoff and a no vote by Mr. Schaefer A motion to adopt Ord. #10-07, as amended, as an emergency was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson, voted yes by Mr. Ranz, Ms. Smiley-Robertson, Mr. Vonderhaar, Mr. Ranz, Mr. Lohmeier, Mr. Puthoff a no vote by Mr. Schaefer . Mayor Apking declared Ord. #10-07 adopted as an emergency.
The Mayor presented Ord. #10-08 ORDINANCE AMENDING THE DEFINITION OF SENIORITY CONTAINED IN SECTION 258.020(o) AND DECLARING AN EMERGENCY.A motion to read #10-08 by title only was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. Discussion: Mr. Schaefer noted a typo on the ordinance in Section 1. A motion to amend the ordinance was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved. A motion to suspend the second and third readings of #10-08, as amended, was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt #10-08, as amended, as an emergency was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared #10-08, as
amended, adopted as an emergency.
The Mayor presented Ord. #10-09 APPROVING ADDITIONAL APPROPRIATIONS IN VARIOUS FUNDS, TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. A motion to read Ord. #10-09 by title only was made by Mr. Lohmeier , seconded by Mr. Vonderhaar and unanimously approved on roll call. Discussion: Mr. Ranz asked what Section 5. $80,000. Mr. Snyder budgeted for the wrong rate. The money was taken out of the contingency fund. A motion to suspend the second and third readings of Ord. #10-09
was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #10-09 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. #10-09 adopted as an emergency.
The Mayor presented Ord. #10-10 ORDINANCE AMENDING ORDINANCES 95-100, 95-119, 96-22, 01-13, 02-66 AND 09-22 BY ALTERING AMOUNTS IN IMPREST CASH FUND AND DECLARING AN EMERGENCY. Discussion: This is just a formality to change the petty cash fund for the Police Department. It was a change that came from the accreditation of the police department. The amounts of the funds were not changed. A motion to read Ord. #10-10 by title only was made by Ms. Smiley-Robertson, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #10-10 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #10-10 as an emergency was made by Mr. Lohmeier , seconded by Mr.
Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #10-10 adopted as an emergency.
The Mayor presented Ord. #10-11 ORDINANCE AUTHORIZING THE PURCHASE OF A 2010 INTERNATIONAL 7400 DUMP TRUCK AND PLOW WITH SALT EQUIPMENT FOR THE TRUCK AND DECLARING AN EMERGENCY. A motion to read Ord. #10-11 by title only was made by Mr. Schaefer, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #10-11 was made by Mr. Puthoff, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. #10-12 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared Ord. #10-11 adopted as an emergency.
The Mayor presented Ord. #10-12 ORDINANCE AUTHORIZING MAYOR TO PURCHASE FROM THE STATE OF OHIO PROCUREMENT PROGRAM FOR UNLEADED GASOLINE AND ROAD GRADE DIESEL FUEL, AND DECLARING AN EMERGENCY. A motion to read Ord. #10-12 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. #10-12 was made by Mr. Lohmeier, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to adopt Ord. #10-12 as an emergency was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ord. #10-12 adopted as an emergency.
The Mayor presented Ord. #10-13 ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Mr. Vonderhaar amended the year to 2012. A motion to read Ord. #10-13 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. #10-13 was made by Mr. Puthoff, seconded by Mr. Lohmeier and unanimously approved on roll call. A motion to adopt Ord. #10-13 as an emergency was made by Mr. Vonderhaar, seconded by Ms. Smiley-Robertson and unanimously approved on roll call. Mayor Apking declared Ord. #10-13 adopted as an emergency.
Other Business:
Mr. Vonderhaar mentioned that the GHF is having the Winter Walk on February 20th and yard sale is February 27th.
The April council meeting is switched from April 8th to April 15th.
Mr. Cameron mentioned the public input session on February 19th at 9:00 AM and 7:00 PM in the Flex Room at the recreation center.
A motion to adjourn was made by Mr. Vonderhaar and seconded by Mr. Ranz and unanimously approved on roll call. Meeting was adjourned at 8:05.
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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Mayor
Attest:
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Village Clerk
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