MINUTES
The Village of Evendale
Regular Council Meeting
August 15th, 2013
The meeting was opened by a public hearing at 7:00 pm regarding Ord. #13-31 ORDINANCE ESTABLISHING THE SALARY FOR MEMBERS OF EVENDALE VILLAGE COUNCIL. Mayor Apking read the ordinance to the public. Resident Mr. Phil Schneider, 10174 Giverny Blvd, Evendale OH, spoke not in favor of the increase. Mr. Phil Schneider, 3383 Sherbrooke Dr, Evendale OH, spoke not in favor of the increase. Resident Mr. Jim Cole, spoke not in favor of the increase. A letter from resident Mrs. Susan deRoos, 3736 Monet Lane, was read by the clerk stating that consideration be given to the permanent part time employees who will also lose this benefit. After ascertaining that there was no one further to speak for or against the proposed ordinance, the meeting was closed by Ms. Hartman, seconded by Mr. Vonderhaar and
unanimously approved.
The Village of Evendale Regular Council Meeting was called to order by Mayor Don Apking at 7:10pm.
Roll call- The following council members were present: Mayor Don Apking, Mr. Stiney Vonderhaar, Mr. John Ranz, Jr., Mr. Jeff Albrinck, Mr. Doug Lohmeier, and Mr. Chris Schaefer. Also present: Police Chief Niel Korte; Fire Chief, Mike Hauck; Village Solicitor, Tim Burke, Assistant to the Mayor, Jack Cameron, Recreation Director Dave Nichols and CFO Cynthia Caracci.
Mayor Apking presented the consent calendar. Mr. Ranz would like added to the added to the minutes under Ord. #13-35, added to discussion, that the “Mayor would agree to not add any other employees to the Tuition program”. Motion to amend the minutes was made by Mr. Ranz, seconded by Mr. Vonderhaar and unanimously approved. The motion to accept the amended consent calendar was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved.
Committee Reports:
Police, Fire, Recreation Council Committee:
Mr. Lohmeier reported for the Police, Fire, and Recreation Council Committee. Discussion at the committee meeting was regular business. The committee has several ordinances on the agenda that discussion will take place during ordinance discussion.
Finance, Administration, Service, Engineering and GHF Committee:
Mr. Schaefer reported for the Finance, Administration, Service, Engineering and GHF Committee. The earnings tax generated in July 2013 was $924,770.68. This is about $224,000 lower than last year. The tax collections are $492,240.59 ahead of last year. This month the Village has a deficit of $470,415.29. This year to date, the surplus is $1,029,495.56. This has dropped off by about $610,000 over the last two months as the costs of capital projects are paid. These figures exclude the Evendale Commons TIF.
The committee has several ordinances on the agenda that discussion will take place during ordinance discussion.
Presentation of Ordinances and Resolutions:
The Mayor presented RES #13-04 A RESOLUTION DECLARING THE INTENT OF COUNCIL TO ISSUE AND BUY THE REVENUE BONDS RELATED TO THE SERVICE PAYMENT AGREEMENT BETWEEN THE VILLAGE OF EVENDALE COMMONS, LIMITED DATED FEBRUARY 20, 2006. Discussion: Mr. Luebbers summarized to council the TIF Revenue Bond and current situation. Council members directed questions to Cynthia Caracci, Mr. Luebbers and Heather Arling, Fifth Third Bank Securities, regarding the pros and cons of the Village purchasing their own TIF Revenue Bonds. This is a resolution of intent to allow bond council to draw up the document for the Village of Evendale to purchase their own revenue bonds. An ordinance approving the purchase will be on the agenda in a few months. Mr. Burke made a correction to the title of the ordinance.
A motion to read RES #13-04 by title only was made by Mr. Vonderhaar, seconded by Mr. Lohmeier and unanimously approved on roll call.
The Mayor presented ORD. #13-31 ORDINANCE ESTABLISHING THE SALARY FOR MEMBERS OF EVENDALE VILLAGE COUNCIL. This is the second reading. A motion to suspend the second and third readings of ORD. #13-31 was made by Mr. Lohmeier, seconded by Mr. Albrinck. The yea votes: Mr. Lohmeier, Mr. Albrinck and Mr. Ranz. Nay votes: Mr. Schaefer, Ms. Hartman and Mr. Vonderhaar. Motion to suspend the third reading was defeated.
The Mayor presented ORD. #13-33 ORDINANCE AUTHORIZING AN INCREASE IN THE HOURLY RATE PAID TO CYNTHIA J. CARACCI AS CHIEF FISCAL AND ACCOUNTING OFFICER AND DECLARING AN EMERGENCY.A motion to suspend the second and third readings of ORD. #13-33 was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to agree to the emergency section is made by Ms. Hartman, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt ORD. #13-33 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD. #13-33 adopted as an emergency.
The Mayor presented ORD. #13-35 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF EVENDALE WITH JAMES MCMANUS REGARDING TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY.A motion to read ORD. #13-35 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. #13-35was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt ORD. #13-35 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. Mayor Apking declared ORD.
#13-35 adopted as an emergency.
The Mayor presented ORD #13-46 ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT ON BEHALF OF THE VILLAGE OF EVENDALE WITH JASON SHOPE REGARDING TUITION REIMBURSEMENT AND DECLARING AN EMERGENCY. A motion to read ORD #13-46 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. #13-36 was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Albrinck, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD #13-46 was made by Ms. Hartman seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared ORD. #13-36 adopted as an
emergency.
The Mayor presented ORD #13-45 APPROVING A TRANSFER IN THE GENERAL FUND FOR TUITION REIMBURSEMENT IN THE FIRE DEPARTMENT FUND AND DECLARING AN EMERGENCY. A motion to read ORD #13-45 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 #13-45 was made by Mr. Lohmeier, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to adopt ORD #13-45 was made by Mr. Lohmeier seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD #13-45 adopted as an emergency.
The Mayor presented ORD #13-43 ORDINANCE TEMPORARILY SUSPENDING ANY NEW ADMISSIONS INTO THE TUITION REIMBURSEMENT PROGRAM PROVIDED FOR IN SECTION 258.076 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE AND DECLARING AN EMERGENCY. Discussion: Mr. Ranz asked who generated this ordinance. He feels that it is redundant and he trust the Mayor not to put anyone else through until the new one is passed. A motion to read ORD #13-43 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 #13-43 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and approved on roll call with a no vote from Mr. Ranz. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Vonderhaar and approved on
roll call with a no vote from Mr. Ranz. A motion to adopt ORD #13-43 was made by Mr. Schaefer, seconded by Mr. Vonderhaar and approved on roll call with a no vote from Mr. Ranz. Mayor Apking declared ORD #13-43 adopted as an emergency.
The Mayor presented ORD. #13-34- Second Reading ORDINANCE AMENDING SECTION 258.076, TUITION REFUND, AND DECLARING AN EMERGENCY. A motion to read ORD. #13-34 by title only was made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call.
The Mayor presented ORD #13-37 ORDINANCE ADOPTING SECTION 1480.15 OF THE CODIFIED ORDINANCES OF THE VILLAGE OF EVENDALE PROVIDING FOR AN APPEAL FROM ORDERS ISSUED UNDER CHAPTER 1480, MINIMUM STANDARDS FOR HOUSING, AND DECLARING AN EMERGENCY. Discussion: Mr. Burke stated that this ordinance is for the appeal provision in the property maintenance code to also be reflected in the minimum standards code. A motion to read ORD #13-37 by title only was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #13-37 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Albrinck, seconded by Mr. Lohmeier and unanimously approved on roll
call. A motion to adopt ORD #13-37 was made by Ms. Hartman, seconded by Mr. Lohmeier and unanimously approved on roll call. Mayor Apking declared ORD #13-37 adopted as an emergency.
The Mayor presented ORD #13- 38 ORDINANCE APPROVING WATER MANAGEMENT AND SEDIMENTATION CONTROL PLANS FOR DYNAMIC SIGHT PROPERTIES, LTD AND AUTHORIZING BUILDING COMMISSIONER TO ISSUE PERMIT AND DECLARING AN EMERGENCY. A motion to read ORD #13- 38 by title only was made by Mr. Albrinck, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #13- 38 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Ranz and unanimously approved on roll call. A motion to adopt ORD #13- 38 was made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD #13- 38 adopted as an emergency.
The Mayor presented ORD #13-39 ORDINANCE AUTHORIZING MAYOR TO PURCHASE FROM THE STATE OF OHIO PROCUREMENT PROGRAM FOR THE RECREATION CENTER ROOF REPLACEMENT, AND MAKING ADDITIONAL APPROPRIATIONS FOR THAT PURPOSE, AND DECLARING AN EMERGENCY. Discussion: The additional appropriation is for the replacement on the roof of the fire house. A motion to read ORD #13-39 by title only was made by Mr. Vonderhaar seconded by Ms. Hartman- and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #13-39 was made by Mr. Lohmeier, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Vonderhaar, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD #13-39 was made by Ms.
Hartman, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD #13-39 adopted as an emergency.
The Mayor presented ORD # 13-40 TRANSFERRING FUNDS AND DECLARING AN EMERGENCY. Discussion: Bob White and Chris Patterson, Members of the Board of Directors of GHF, addressed council explaining the request for additional capital funds in 2013 for a water well and paving. The water well is a top priority to be used to generate revenue for the CSA. The paving is a #2 priority to allow visitors to access the farm. Both priorities are identified in the five year strategic plan. Members of council asked questions and explained their different views on the request. Mr. Albrinck said this would be an advance and not included in 2014. Mr. Lohmeier stated the capital is negotiable every year and that asking for this money now and then asking for $50,000 is not appropriate.
Mayor Apking stated the agreement is $300,000 and $40,000 of capital and maybe a portion of the earnings tax should go towards the farm. Ms. Hartman believes the momentum and recognition is going in the right direction. It was understood that this request will decrease the capital request in 2014. GHF spoke regarding the focus of the farm to sustainable food along with education. There is funds left over from the paving of Wycarver Rd that will happen in 2014 for paving a portion of the farm. A motion to read ORD # 13-40 by title only was made by Mr. Vonderhaar seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of ORD # 13-40 was made by Ms. Hartman, seconded by Mr. Albrinck and approved on roll call with a no vote from Mr. Lohmeier. A motion to agree to the emergency section is made by Ms. Hartman, seconded by Mr. Schaefer and approved on roll call with a no vote from Mr.
Lohmeier. A motion to adopt ORD # 13-40 was made by Mr. Schaefer seconded by Ms. Hartman and approved on roll call with a no vote from Mr. Lohmeier. Mayor Apking declared ORD # 13-40 adopted as an emergency.
The Mayor presented ORD #13-41 AN ORDINANCE AUTHORIZING THE MAYOR TO PERMIT LIMITED BOW HUNTING OF DEER WHERE OVERPOPULATION THREATENS THE DESTRUCTION OF PROPERTY AND THE URBAN FOREST, AND DECLARING AN EMERGENCY. Discussion: Mr. Schaefer stated that a resident raised a concern regarding deer hunting. Lieutenant Joe Asbrock explained to council that this ordinance limits bow hunting to areas outside the residential areas, and the permits are only issued to qualified and approved hunters. Proposed areas are designated to large village owned property and other selected restricted private owned property. This ordinance does not cover coyotes. A motion to read ORD #13-41 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 #13-41 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. A motion to adopt ORD #13-41 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD #13-41adopted as an emergency.
The Mayor presented ORD # 13-42 ORDINANCE AUTHORIZING MAYOR TO A HIRE PART-TIME EMPLOYEE AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read ORD # 13-42 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 # 13-42 was made by Mr. Albrinck, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD # 13-42 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared ORD # 13-42 adopted as an emergency.
The Mayor presented ORD #13-44 APPROVING AN APPROPRIATION IN THE GENERAL FUND TO COVER ADDITIONAL SALARY AND CAPITAL EXPENSES IN THE FIRE DEPARTMENT AND DECLARING AN EMERGENCY. A motion to read ORD # 13-44 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 # 13-44 was made by Ms. Hartman, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Vonderhaar and unanimously approved on roll call. A motion to adopt ORD # 13-44 was made by Mr. Vonderhaar, seconded by Mr. Schaefer and unanimously approved on roll call. Mayor Apking declared ORD # 13-44 adopted as an emergency.
The Mayor presented ORD # 13-47 APPROVING AN ADDITIONAL APPROPRIATION IN THE EVENDALE COMMONS TIF FUND TO PAY STREET REPAIR AND DECLARING AN EMERGENCY. A motion to read ORD # 13-47 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 # 13-47 was made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Ms. Hartman and unanimously approved on roll call. A motion to adopt ORD # 13-47 was made by Mr. Schaefer, seconded by Mr. Albrinck and unanimously approved on roll call. Mayor Apking declared ORD # 13-47 adopted as an emergency.
A motion to adjourn was made by Ms. Hartman and seconded by Mr. Albrinck and unanimously approved on roll call.
Meeting was adjourned at 8:55 pm.
_______________________
Mayor
Attest:
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Village Clerk
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