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Council of the Village of Yellow SpringsCOUNCIL OF THE VILLAGE OF YELLOW SPRINGS MINUTES IN COUNCIL CHAMBERS July 18, 2005 CALL TO ORDER ROLL CALL ANNOUNCEMENTS REVIEW OF THE MINUTES Review of the minutes from June 27, 2005 special meeting. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. The MOTION PASSED UNANIMOUSLY. Review of the minutes from July 5, 2005 regular meeting. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. The MOTION PASSED 4-0, with an abstention from Alexander. REVIEW OF AGENDA Old Business: Manager Selection Process-Search Committee MOVED to Executive Session. PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP OH Newsletter(s) PUBLIC HEARINGS/LEGISLATION 1st Reading of Ordinance #2005-17 Amending 860 Solicitors and Itinerate Vendors. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Hillard explained that the police department enforces Chapter 860 and as such they should be the formal enforcement agency. Rickenbach suggested and Council agreed to a friendly amendment in the second whereas, which would clearly state that the Village Manager, who had been making the approvals in the past is making a recommendation that the approvals be made by the police department The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for August 1st. 1st Reading of Ordinance #2005-16 Amending 252.01 Personnel Classifications. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. Hillard explained that the amendment to 252.01 would create the Foreman-Street, Wastewater Collection and Parks and the Foreman-Water and Electric Distribution positions and redistribute the existing workload for these departments. Hillard added that these are newly created positions but that he was not added additional personnel. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for August 1st. 1st Reading of Ordinance #2005-15 Establishinga Furtherance of Justice Fund. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Police Chief John Grote explained that money confiscated from illegal activities would be placed in this fund. The money then could be used to pay informers, make confidential drug buys and support other activities used to minimize crime. Bob Mihalek from the Y.S. News asked had the Village made a change in policy or planning to step up its enforcement regarding these activities? Grote explained that the Village is formalizing what it has always practiced. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for August 1st. 2nd Reading and Public Hearing Ordinance #2005-13 Protecting Public Water System Backflows. Rickenbach MOVED and Swinger SECONDED a MOTION for APPROVAL. Hillard explained that this would aid in maintaining the safety of the water supply by minimizing potential contaminates. This process was strongly recommended by the Ohio EPA. Troy Slone and Kelley Fox have completed training on our particular system and the training required by the Ohio EPA. Rickenbach suggested and Council agreed to a friendly amendment in Section 4, line five, adding by such a connection after the word served. Arnett then opened the public hearing. Hearing no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. 2nd Reading and Public Hearing Ordinance #2005-12 Birch III Subdivision. Arnett recused himself from the discussion and Vice President Swinger chaired the discussion. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Swinger read a portion of an opinion from the Village Solicitor stating that, “Council may not condition or delay its final plan approval (for the Birch III Subdivision) for reasons relating to the proposed gift transaction.” The opinion went on to state that, “the proposed gift transaction is a transaction between two private parties.” Swinger opened the public hearing. Jerry Sutton inquired about the preliminary plat approval process and the grating of the retention pond area in section two. It was explained that the construction elements in section two are part of the conditions for approval for section one. JoAnn Mahle asked what was the latest information regarding the 5.11 acres. Arnett stated that the paperwork was prepared and the transfer would happen soon. Perry Stewart read aloud a resolution that he had hoped Council would consider for adoption. It states in the resolution that, “Village Council request and encourages Purple Sage, Inc. to effect the transfer of the 5.11 acres to Glen Helen Association and that the Glen Helen Association accept the 5.11 acres. In answering audience members concerns regarding the detention pond and storm water flows. Council explained that Planning Commission had discussed the drainage plans, the contour of the land and the placement of the detention pond over the past several months. The village engineer has also participated in those discussions. Swinger closed the public hearing. The roll was called. The MOTION PASSED 4-0 with an abstention from Arnett. Resolution #2005-30 Glass Farm Preservation/To Draft a Conservation Easement. Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. Council members agreed that this resolution would be a reasonable compromise for handling the issues of green space, housing stock and streambed restoration to address the storm water problems surrounding the eastern third of the Glass Farm and residents further downstream. Jean Payne, Paul Abendroth and Joseph Giardullo supported the streambed restoration project. Judy Hempfling and Steve Deal supported a comprehensive plan for the Glass Farm as well as the streambed restoration. Council and audience members briefly discussed the concept of a swap between Miller representing the Fogg Farm and the Village’s Glass Farm, which was brought to the floor by Judy Hempfling. It was determined that the Mr. Miller was not interested in a swap, the Fogg Farm is in an economic development area and the Glass Farm was in a residential area. The roll was called on the resolution. The MOTION PASSED UNANIMOUSLY. 2nd Reading and Public Hearing Ordinance #2005-14 Sell of1.010 Acre to Phillips-Brown Homes. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett opened the public hearing. The Village would receive $57,500 from the sell of the 1.010 acres. Jim Rose asked what fund would receive the money. Arnett explained that the money would be placed into the General Fund until Council determines its use. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY CITIZENS CONCERNS Beth Holyoke inquired about the Village Manager Search and offered supportive remarks for the hiring of Planner Phil Hawkey to that position. Jim Rose spoke in support of the positive action taken by Council, the Police Chief and his officers on their actions to deter crime in the Village. Carol VanAusdale announced the 1st Annual All-Cultures Peaceful Village PowWow for Yellow Springs on Saturday, August 20th on the grounds of the high school beginning at 12 Noon. SPECIAL REPORTS OLD BUSINESS Noise Ordinance Discussion. Hillard explained that the ordinance had some deficiencies and that the Village Solicitor had supplied new language. Police Chief Grote further explained, that a citation issued by the Village had been heard by Judge Goldie in the Xenia Municipal Court. She had some concerns related to the reliability of the calibration of the meter that determined the noise level, the method of measurement and the officer training on the measuring instrument. Jerry Papania supported the current ordinance and was not sure why the Village’s ordinance was not enforceable. He explained that his property was adjacent to Antioch College and the noise from their air conditioners were above the allowable 45 db at night, which has become a major inconvenience to his family. Rick Jurasek, Interim President of Antioch College stated in a memo to Council that the College questioned the reasonableness of a 45db standard for the hours of 10:00 p.m. to 7:00 a.m. He suggested a survey of local residential and business units be conducted to determine the frequency of violation if the standard were to remain at 45db. Council requested that the Village Manager make inquiries regarding the decibel standards used by other communities, the method used to obtain the measurements and day versus nighttime standards. NEW BUSINESS Channel 13- Funding Request for Equipment. Chair Jean Payne reviewed the Capital Plan drafted by the Cable Advisory Panel. Paul Abendroth described the various pieces of equipment needed and their uses. Ken Tregillus and Elsie Hevelin were commended for the roles in supporting Channel 13. Council supported the request. MANAGER’S REPORT Interim Management Process. Hillard recommended Phil Hawkey as the Interim Village Manager. Ed Amrhein would increase his hours to 40 per week as a temporary full-time employee for the remainder of the year. Hillard also recommended an increase in the professional services line item. Hillard has increased certain department supervisors’ responsibilities. He also created foreman positions. In addition, Hillard recommended Finance Director Sharon Potter and Police Chief Grote as employee representatives to the search committee. Hillard also reported that the Village is soliciting bids for the improvements at the Library. STANDING REPORTS AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, August 1, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion at the August 1st meeting are: FUTURE AGENDA ITEMS Annexation Policy Review Phillips-Brown Homes/Thistle Creek Subdivision EXECUTIVE SESSION Rickenbach MOVED and Alexander SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY. GENERAL SESSION Arnett MOVED and Swinger SECONDED a MOTION to appoint the following to the Village Manager Search Committee: Council members Bruce Rickenbach and Mary Alexander, staff members Sharon Potter and John Grote and Village resident Al Schlueter. Rob Hillard would appoint an additional staff person and these committee members be empowered to appoint one additional villager resident and two human resource representatives. The MOTION PASSED UNANIMOUSLY. In answering a question by Bob Mihalek from the Y.S. News, Arnett explained that the committee could run their process as they deem fit and their meetings would be public meetings. Mihalek also asked if Council could elaborate on the discussion regarding the litigation. Arnett explained that Council discussed outstanding loans to the Economic Revolving Loan Fund. ADJOURNMENT Having no further business, Alexander MOVED and Swinger SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY at 10:48 p.m.
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