MINUTES
Village of Evendale
Regular Council Meeting
April 8th, 2014
Mayor Apking opened the public hearing on Ord. #14-16 AN ORDINANCE REPEALING SECTIONS OF THE EVENDALE ZONING CODE TYPE-A FAMILY DAY CARE HOME USES. There were no public comments. A motion to close the public hearing on Ord. #14-16 was made by Mr. Schaefer, and seconded by Mr. Finan and unanimously approved.
Mayor Apking opened the public hearing on ORD. #14-10 AN ORDINANCE ADOPTING EVENDALE CODIFIED ORDINANCES PART 8, TITLE TWO, CHAPTER 885, SHORT TERM RESIDENTIAL RENTALS.
Stiney Vonderhaar, 10368 Arborhill Drive, is in favor of the ordinance. He would like the timing of the ordinance to mirror the tax code regarding notification for owners to 30 days after rental not prior to rental of property. He is in agreement with the ordinance stating the property can only be rented 4 times within 365 days.
Christopher Toney, 3550 Carpenter Creek, President of Carpenters Creek HOA, stated he is personally in favor of legislation to regulate rentals to prevent constant turnover of property. Carpenters Creek HOA has informally addressed this matter and also in favor of passage. The covenants and codes need unanimous approval to modify their code so they can not address this matter in their HOA covenants.
Ken Valentine, 9683 Pondside Ct, resides next to a house that is rented through the B&B website. He feels renters do not have the courtesy to follow HOA and VOE rules and regulations. Mr. Valentine feels that long term renters are more vested in the community. The transient renter causes problems. His views are what he sees in his neighborhood only.
Mr. Lohmeier, 9619 Otterbein, would like the definition of “short term rental” be spelled out in the ordinance.
The home on Pondside is still being rented. The owner is then in violation of the written agreement and code and should be cited. The home is still on the website for short term rental. Mr. Burke will be in contact with the Building Commission regarding this matter.
Mr. Lohmeier cited the purpose of the Ord. #14-10 and would like it to be considered when considering Type A daycare.
Motion to close the public hearing on Ord. #14-10 was made by Ms. Hartman, and seconded by Mr. Finan 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, Mr. Bill Puthoff, Mr. John Ranz, Jr., Mr. Richard Finan, Ms. Catherine Hartman and Mr. Chris Schaefer. Mr. Albrinck was absent and excused. Also present: Fire Chief, Mike Hauck; Village Solicitor, Tim Burke, and CFO Cynthia Caracci.
Mayor Apking presented the consent calendar. The motion to accept the consent calendar was made by Mr. Finan, seconded by Mr. Schaefer and unanimously approved.
Committee Reports:
Finance, Administration, Service, Engineering and GHF Committee:
The income tax revenue was for March was $1,382,690.19. For 2014, the income tax is at $3,429,688.06. This is $470,549.60 higher than last year at the end of March. March also ended with a surplus of $625,797.67 excluding the Evendale Commons TIF. Year to date, the Village has a net surplus of $388,483.51. The unencumbered balance is currently $14,057,934.38.
Mr. Jeffers is working on the proposed picnic shelter and the goal is to have it constructed by July.
Police, Fire, Recreation Council Committee: Mr. Ranz reported that 10 individuals signed up for the deer management program, 7 participated and 5 deer were harvested. There were no complaints from residents. The program was considered a success. Wal-Mart donated $1000 towards police ATV. Ms. Hartman discussed a sex offender’s ordinance. Practices already in place at the recreation center regarding this issue. The committee asked Mr. Burke to review the current practices to determine if an ordinance was necessary. The fire department ordered a new ambulance to be delivered in October. A fire appropriation for breathing apparatus for $170,000, of which $154,000 is covered by grant, is on the agenda.
Mayor Apking offered condolences from the Village of Evendale to Mr. Cameron for the passing of his sister.
Presentation of Ordinances and Resolutions:
Mayor Apking presented ORD. #14-06 ORDINANCE AUTHORIZING THE MAYOR TO TAKE STEPS NECESSARY TO CONVEY TWO SMALL PORTIONS OF VACANT LAND TO THE STATE OF OHIO FOR I-75 RELATED IMPROVEMENTS. Third Reading. Mr. Finan made the motion to adopt this ordinance, seconded by Ms. Hartman and unanimously approved. Mayor Apking declared #14-06 adopted.
Mayor Apking presented ORD. #14-10 AN ORDINANCE ADOPTING EVENDALE CODIFIED ORDINANCES PART 8, TITLE TWO, CHAPTER 885, SHORT TERM RESIDENTIAL RENTALS. Third Reading .Ms Hartman asked Mr. Lohmeier and Mr. Vonderhaar what their typical lease length. Mr. Ranz stated this addresses one issue. The biggest complaint from walking door to door during campaigning is the maintenance of certain rental properties. He would like to see a Rental Permit Policy that would require permits and inspections. A standard needs to be written to regulate the rental properties. Possibly services can be shared with another possibility. A motion to adopt Ord. #14-10 was made by Mr. Finan seconded by Mr. Ranz and unanimously approved. Mayor Apking declared #14-10 adopted.
Mayor Apking presented ORD. #14-16 AN ORDINANCE REPEALING SECTIONS OF THE EVENDALE ZONING CODE TYPE-A FAMILY DAY CARE HOME USES. This is the 2nd reading.
Mayor Apking presented ORD. #14-18 ORDINANCE REPEALING PORTIONS OF THE VILLAGE OF EVENDALE CODE OF ORDINANCES WHICH ARE NO LONGER NECESSARY. This is the second reading.
The Mayor presented ORD. #14-20 AN ORDINANCE APPROPRIATING $1,000 FROM THE GENERAL FUND THAT WAS GRANTED TO THE POLICE DEPARTMENT FOR ATV OUTFITTING AND DECLARING AN EMERGENCY. A motion to read ORD #14-20 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 #14-20 was made by Mr. Finan, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Finan, and unanimously approved on roll call. A motion to adopt ORD #14-20 was made by Mr. Schaefer, seconded by Mr. Finan and unanimously approved on roll call. Mayor Apking declared #14-20 adopted as an emergency.
The Mayor presented ORD. #14-21 AN ORDINANCE AMENDING ORDINANCES 95-100,95-119,96-22,01-13,02-66,09-22 ,10-10 AND 14-02 BY ALTERING AMOUNTS IN IMPREST CASH FUND AND DECLARING AN EMERGENCY. This is because the draw change in each department is less because of the use of credit cards. A motion to read ORD #14-21 by title only was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-21 was made by Mr. Schaefer, seconded by Mr. Finan and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Schaefer, seconded by Mr. Finan, and unanimously approved on roll call. A motion to adopt ORD #14-21 was made by Mr. Finan, seconded by Ms. Hartman and unanimously approved on roll call.
Mayor Apking declared #14-21 adopted as an emergency.
The Mayor ORD. #14-22 APPROVING AN APPROPRIATION IN THE GENERAL FUND TO THE FIRE DEPARTMENT FOR BREATHING EQUIPMENT FUNDED BY A FEDERAL GRANT AND DECLARING AN EMERGENCY. A motion to read ORD #14-22 by title only was made by Mr. Puthoff, seconded by Mr. Finan and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-22 was made by Ms. Hartman, seconded by Mr. Finan and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Puthoff, seconded by Mr. Schaefer, and unanimously approved on roll call. A motion to adopt ORD #14-22 was made by Ms. Hartman, seconded by Mr. Puthoff and unanimously approved on roll call. Mayor Apking declared #14-22 adopted as an emergency.
The Mayor presented ORD. # 14-23 ORDINANCE AUTHORIZING MAYOR TO HIRE PART-TIME EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. A motion to read ORD #14-23 by title only was made by Mr. Finan, seconded by Mr. Puthoff and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-23 was made by Mr. Finan, seconded by Ms. Hartman and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Puthoff, seconded by Mr. Finan, and unanimously approved on roll call. A motion to adopt ORD #14-23 was made by Mr. Schaefer, seconded by Mr. Finan and unanimously approved on roll call. Mayor Apking declared #14-23 adopted as an emergency.
The Mayor presented ORD. #14-24 ORDINANCE AUTHORIZING MAYOR TO HIRE SEASONAL EMPLOYEES AND SETTING PAY RATES AND DECLARING AN EMERGENCY. Mr. Finan made the motion to amend to remove Tony Teufel and Emily Lucius, seconded by Ms. Hartman and unanimously approved. A motion to read ORD #14-24, as amended, 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 #14-24 was made by Mr. Finan, seconded by Mr. Schaefer and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Finan, seconded by Ms. Hartman, and unanimously approved on roll call. A motion to adopt ORD #14-24 was made by Mr. Schaefer, seconded by Mr. Finan and unanimously approved on roll call.
Mayor Apking declared #14 -24 adopted as an emergency.
The Mayor presented ORD. #14-25 AN ORDINANCE LEVYING UPON A CERTAIN LOT AND LAND AT 3040 INWOOD DRIVE, A CERTIFIED PROPERTY TAX LIEN FOR THE PAYMENT OF COSTS INCURRED BY THE VILLAGE OF EVENDALE FOR THE DEMOLITION AND REMOVAL OF A CONDEMNED BUILDING AND DECLARING AN EMERGENCY. A motion to read ORD #14-25 by title only was made by Mr. Finan, seconded by Ms. Hartman and unanimously approved on roll call. A motion to suspend the second and third readings of ORD #14-25 was made by Mr. Puthoff, seconded by Mr. Finan and unanimously approved on roll call. A motion to agree to the emergency section is made by Mr. Finan, seconded by Ms. Hartman, and unanimously approved on roll call. A motion to adopt ORD #14-25 was made by Mr. Puthoff, seconded by Ms. Hartman and unanimously approved on roll call. Mayor Apking declared
#14-25 adopted as an emergency.
Mr. Mike Stroh addressed council regarding Mr. Burke’s rule as village solicitor and Hamilton County Board of Elections and feels there is a conflict. Mr. Stroh quoted the definition of “conflict of interest” from the VOE code of ordinances. Mr. Stroh stated past actions that taken place with Mr. Gerhardt and the City of Cincinnati Mr. Burkes voted against moving the Board of Elections to Mt. Airy and Mr. Stroh feels this not in the best interest of the Village.
A motion to adjourn was made by Mr. Finan, seconded by Mr. Schaefer and unanimously approved.
Meeting was adjourned at 8:00 pm.
_______________________
Mayor
Attest:
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Village Clerk
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