MINUTES
The Village of Evendale
Regular Council Meeting
December 13th, 2011
Public Hearing regarding 2012 budget was opened by Mayor, Don Apking. A motion to close the public hearing was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved.
The Village of Evendale Regular Council Meeting was called to order by Mayor Don Apking at 7:00pm.
Roll call- The following council members were present: Mayor Don Apking, Ms. Catherine Hartman, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Jeff Albrinck, Mr. Chris Schaefer, and Mr. Doug Lohmeier. Also present: Village Engineer, James Jeffers; Police Chief Niel Korte; Fire Chief Rick Cruse; Recreation Director Dave Nichols; Village Clerk, Barb Rohs; Village Solicitor, Tim Burke and Village CFO George Snyder.
Mayor Apking presented the consent calendar. The motion to accept the consent calendar was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved.
Committee Reports:
Police, Fire, Recreation Council Committee:
Additional money for additional hours in the Fire Department will be in the appropriation ordinance on tonight’s agenda. Bethel Tate Fire Department has offered $25,000 for the sale of the old ladder truck which may take place in 2012.
Finance, Administration, Service, Engineering and GHF Committee:
The Unencumbered balance is projected to be $14,074,535 excluding Evendale Commons. The annual deficit will be (-$10,132) once all year end encumbrances and payments are made. The annual cash balance through November is $565,860.34.
Presentation of Ordinances:
The Mayor presented Ord. # 11-49 ORDINANCE MAKING ANNUAL APPROPRIATIONS FOR CURRENT EXPENSES AND FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012 AND DECLARING AN EMERGENCY. No discussion. A motion to read Ord. # 11-49 by title only was made by Ms. Hartman, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. # 11-49 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. # 11-49 as an emergency was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. # 11-49 adopted as an emergency.
The Mayor presented Ord. # 11-50APPROPRIATING FUNDS, TRANSFERS FUNDS, APPROVING TRANSFER OF APPROPRIATIONS IN VARIOUS FUND AND DECLARING AN EMERGENCY. An amended version of the ordinance was distributed showing additional comp time for the fire department. A motion to read Ord. # 11-50 by title only was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. # 11-50 was made by Ms. Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. # 11-50 as an emergency was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. # 11-50 adopted as an emergency.
The Mayor presented Ord. #11- 51 ORDINANCE AUTHORIZING MAYOR TO HIRE A PART-TIME EMPLOYEE AND SETTING A PAY RATE AND DECLARING AN EMERGENCY. Discussion: This is to add Paula Schababerle to take the place of Kaye Oakes, who is retiring. A motion to read Ord. #11- 51 by title only was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #11- 51 was made by Ms. Hartman, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt Ord. #11- 51 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared Ord. #11- 51 adopted as an emergency.
The Mayor presented Ord. #11-52 ORDINANCE MAKING VARIOUS APPOINTMENTS TO BOARDS AND COMMISSIONS WITHIN THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Discussion: There are still openings for the Planning, Cultural Arts and business member for Recreation Commission. A motion to read Ord. #11-52 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #11-52 was made by Mr. Ranz, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. #11-52 as an emergency was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #11-52 adopted as an emergency.
The Mayor presented Ord. #11- 53 ORDINANCE AUTHORIZING MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR OPERATION OF THE MUNICIPAL POOL AND DECLARING AN EMERGENCY. Discussion: Swim Safe was the only bidder on the contract. Their bid went up 3%. A motion to read Ord. #11- 53 by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #11- 53 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. #11- 53 as an emergency was made by Ms. Hartman, seconded by Mr. Ranz and unanimously approved on roll call. Mayor Apking declared Ord. #11- 53 adopted as an emergency.
The Mayor presented Ord. #11- 54 ORDINANCE AUTHORIZING MAYOR TO ENTER INTO CONTRACT WITH THE LOWEST AND BEST BIDDER FOR OPERATION OF THE EVENDALE RECREATION CENTER’S FITNESS CENTER AND DECLARING AN EMERGENCY.
Discussion: Mr. Albrinck recused himself because of potential conflict of interest.
Mr. Schaefer sent an email out to council with his analysis of the different bids. Some of his points that he addressed in the letter: TriHealth pays their employees less that the Lifestyle Essentials, TriHealth could not identify what staff would be operating the fitness center and Lifestyle Essential’s staff does have more experience. Mr. Schaefer would like to amend the ordinance to reflect Lifestyle Essentials and change the dollar amounts. He feels since this is a personal service contract it is not the same as other contracts and the Village does not have to pick the lowest. Mr. Vonderhaar seconded the motion. Mr. Ranz spoke and asked Ms. Shapiro that when the contract was awarded three years ago if she hired some of the staff from Tri Health. Ms. Shapiro acknowledged
that she hired some of the staff from Tri-Health. Mr. Lohmeier acknowledged that the council picked the lowest bidder three years ago and asked why council is now changing their philosophy.
Both bidders have worked for the Village of Evendale and both have done a quality job. Mr. Ranz stated that three years ago residents were upset with the change from TriHealth to Lifestyle Essentials but understood the reasoning. Both companies did an excellent job but the bid goes to the lowest bidder. Mr Ranz cannot remember ever awarding the bid to someone other than the lowest bidder.
Alisa Hayes, resident, feels the group fitness instructors from Lifestyle Essentials were better than TriHealth. There are relationships established with instructors and does not want to see a change. Ms. Hayes also likes the Fitpass and does not know if TriHealth will offer this type of pass to take classes. This provides the ability to take a variety of classes during a period of time. This program was developed by Lifestyle Essentials. Mr. Lohmeier asked if TriHealth was asked to provide this type of program and if it was part of the bid. Mrs. Berke, resident, stated that she would not like to see a change.
Mr. Vonderhaar stated that TriHealth is a nonprofit and does not pay earning tax to the Village.
Roll was called to amend the ordinance to change the provider to Lifestyle Essentials with the following amounts 2012 $72,600, 2013 $74,415 and 2014 $76,275. “Yes” votes by Mr. Vonderhaar. Ms. Hartman. Mr. Schaefer and “No” votes by Mr. Ranz, Mr. Lohmeier. Mr. Burke, Solicitor, stated that since Mr. Albrinck recused himself his vote would not count because he is avoiding the conflict. But his vote counts as a “no” vote and the Mayor does vote if needed. Mayor Apking voted “yes” to amend the ordinance.
Mr. Burke stated that technically we should be voting on the emergency clause before a vote is taken to adopt the ordinance. This is the order that should be followed in the charter and will be addressed at future ordinances.
A motion to read Ord. #11-54, as amended, by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and “Yes” votes by Mr. Vonderhaar. Ms. Hartman. Mr. Schaefer and “No” votes by Mr. Ranz, Mr. Lohmeier. Mr. Albrinck votes counts as a no vote and Mayor Apking split the tie with a “Yes” vote. A motion to suspend the 2nd and 3rd reading of #11-54, as amended, was made by Ms. Hartman, seconded by Mr. Vonderhaar and “Yes” votes by Mr. Vonderhaar. Ms. Hartman. Mr. Schaefer and “No” votes by Mr. Ranz, Mr. Lohmeier. Mr. Ranz and Mr. Lohmeier changed their vote to a “Yes “ vote and it was unanimously approved. A motion to approve the emergency clause of Ord. #11-54 was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously
approved on roll call. A motion to adopt Ord. #11-54, as amended, was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #11-54 adopted as an emergency
The Mayor presented Ord. #11-55 ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read Ord. #11-55 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. #11-55 was made by Lohmeier, seconded by Albrinck and unanimously approved on roll call. A motion to adopt Ord. #11-55 as an emergency was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #11-55 adopted as an emergency.
The Mayor presented Ord. # 11-56AN ORDINANCE AUTHORIZING THE POLICE CHIEF OF THE VILLAGE OF EVENDALE, PURSUANT TO OHIO REVISED CODE SECTION 737.32, TO DONATE TO PUBLIC AGENCIES OR NON-PROFIT ORGANIZATIONS UNCLAIMED PROPERTY IN THE POSSESSION OF THE VILLAGE POLICE DEPARTMENT AND DECLARING AN EMERGENCY. Discussion: An ordinance is needed each time a donation is made. A motion to read Ord. # 11-56 by title only was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt Ord. # 11-56 as an emergency was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. # 11-56 was made by Mr. Lohmeier, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking
declared Ord. # 11-56 adopted as an emergency.
The Mayor presented Ord. #11-57 RETAINING THE SERVICES OF TIMOTHY M. BURKE AS LAW DIRECTOR AND THE LAW FIRM OF MANLEY BURKE TO PROVIDE LEGAL SERVICES TO THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY.A motion to adopt Ord. #11-57 as an emergency was made by Mr. Lohmeier, seconded by Mr. Ranz and unanimously approved on roll call. A motion to read Ord. #11-57 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 Ord. #11-57 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared Ord. #11-57 adopted as an emergency.
The Mayor presented Ord. #11-58 CONFIRMING SAL G. SCROFANO AS MAYOR’S COURT MAGISTRATE, ESTABLISHING HIS OMPENSATION AND DECLARING AN EMERGENCY. A motion to read Ord. #11-58 by title only was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #11-58 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt Ord. #11-58 as an emergency was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt the ordinance was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. Mayor Apking declared Ord. #11-58 adopted as an emergency.
The Mayor presented Ord. #11-59AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH METLIFE TO PROVIDE DENTAL BENEFITS FOR VILLAGE OF EVENDALE EMPLOYEES AND DECLARING AN EMERGENCY. A motion to read Ord. #11-59 by title only was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to suspend the second and third readings of Ord. #11-59 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to approve the emergency clause for Ord. #11-59 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt this ordinance was made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared Ord. #11-59 adopted as an emergency.
The Mayor presented Ord. #11-60 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH ANTHEM BLUE CROSS AND BLUE SHIELD TO PROVIDE A COMPREHENSIVE HEALTH INSURANCE BENEFIT TO FULL TIME VILLAGE EMPLOYEES AND DECLARING AN EMERGENCY.
Discussion: Section 3 of the ordinance provided there is an incentive. If the employee complies there is a 25% reduction in the premium contribution. Mr. Cameron stated that the ordinance was written with dollar amounts so council can determine the dollar amounts at another time. Mr. Schaefer stated that prior to 2013 council should determine the employee contribution and amend the ordinance to reflect that amount. If the employee complies with the annual physical and ERC requirements then they employee premium is less and the contribution to HSA is greater. Mr. Ranz asked council to pay attention to the wording on the ordinance regarding the HSA .
Mr. Burke stated that the code of ordinance section 258.070 currently states a required 10% contribution by employee. The ordinance could address being able to amend the contribution. Mr. Burke added to Section 3:
• Council may determine to amend section 258.070 to adjust the required employee insurance contributions to the Village health savings account and health reimbursement savings account contributions prior to December 1st of the year preceding such adjustments.
A motion to amend Ord. 11-60, as stated above, was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved.
Mr. Apking stated Horan and the HIRT committees have done an excellent job on the health care assessment and proposal.
A motion to read Ord. #11-60, as amended, by title only was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call.
A motion to suspend the second and third readings of Ord. #11-60, as amended, was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to approve the emergency clause of Ord. #11-60, as amended, was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt the ordinance was made by Mr. Schaefer, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared Ord. #11-60, as amended, adopted as an emergency. A motion to table the Ord. 11-61 was tabled because it is a certificate instead of a contract for vision insurance.
Other Business
Mr. Cameron continues to get emails and questions on the electric from Duke Energy Retail. You need to enroll. If you registered at the town meeting you are fine but may want to check to see if you are enrolled.
A motion to adjourn was made by Mr. Vonderhaar and seconded by Mr. Lohmeier and unanimously approved on roll call. Meeting was adjourned at 8:10.
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Mayor
Attest:
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Village Clerk
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