Council
of the Village of Yellow Springs
MINUTES
IN COUNCIL CHAMBERS April 3, 2006
CALL TO ORDER
Council President Jocelyn Hardman called the meeting to order at 7:02 p.m.
ROLL CALL
Jocelyn Hardman, Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present for the meeting as was the Village Manager Eric Swansen.
ANNOUNCEMENTS
There were no announcements.
REVIEW OF THE MINUTES.
Review of the minutes from the March 20, 2006 regular meeting. Rickenbach MOVED and Wintrow SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.
REVIEW OF AGENDA
The Annual Report from the Human Relations Commission was postponed until the April 17 th meeting.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter
Legislative Bulletin from OML for March 27, 2006
Peck, Shaffer & Williams LLP re: Additional Services
Greene County Public Library Board Meeting-April 12th
Aida Merhemic re: Resignation from Human Relations
Commission
Memo from Bruce Rickenbach re: 2006 Budget/Finances
Mayor’s Monthly Statement
Village’s Cost Position Statement
Greene County Board of Commissioners re: Community Development Block Grant. Swansen explained that the Village exceeded the income levels for this grant’s eligibility. He suggested further investigation on whether the Village could join in a partnership with another agency such as Greene Metropolitan Housing Authority to do a utility change over in their housing units that would decrease heating cost. Council supported Swansen.
PUBLIC HEARINGS/LEGISLATION
2nd Reading and PH of Ordinance #2006-07 Approving the Stancliff Neighborhood. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. The Stancliff Neighborhood will consist of 1.773 acres located north of Dayton Street with 10 residential units. It is currently in a Residence A District and if approved the zoning would be changed to PUD-R. Rickenbach explained that the rezoned district would go back to Planning Commission for approval of the final plan, but because it will be a subdivision it will again come back to Council for the final approval. Hardman opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.
2nd Reading and PH of Ordinance #2006-08 2006 Annual Appropriations. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. The grand total of the 2006 Annual Appropriations is $11,965,983. Swansen reviewed the major capital projects, the $967,943 deficit spending, the impact of deferring capital projects and higher energy costs. Swansen then reviewed the options to assist in solving the problem which included reducing costs, changing service levels and increasing revenues by joining in partnerships to share resources, increasing the outside millage of property tax through voter approval and decreasing personnel costs.
Hardman opened the public hearing. In answering Paul DeLaVergne’s question about selling off the Village’s utilities, Swansen explained that this would be a one-time benefit because residents would still pay someone for the utility. DeLaVergne also expressed concern about the problems facing municipalities who had eliminated their police departments. Swansen supporting DeLaVergne’s concern explained that once a municipality disbanded its police force, it is very difficult to reestablish it at a later time.
Marianne MacQueen offered appreciation to Swansen for his informative presentation. In answering Patti Dallas’ question regarding increasing parking and traffic fines, Hardman explained that many of the various fines had been increased.
Carol Gasho asked for a breakdown of revenue and expenditure for the electric utility.
In answering Dimi Reber’s question regarding the new power line along East Enon Rd., Swansen explained that this would give the Village better reliability and newer technology for the electric distribution.
Joseph Giardullo asked about a contingency plan for unexpected emergencies Swansen explained that he would be creating two budgets, one would be drafted showing no increase in revenue and decreases in service and staff, the other would be a budget with increased revenue. Swansen explained that the budget chosen would be based on the outcome of the general election in November. The public hearing was closed. Rickenbach requested and Wintrow agreed to a friendly amendment to Section 11, adding the wording and be in full force. The roll was called. The MOTION PASSED UNANIMOUSLY.
1st Reading and PH of Ordinance #2006-10 Amending the Personnel Policy Manual to add a section re: Employee Reductions. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Swansen explained that he would be making the presentation in the absence of Jill May an attorney from Coolidge, Wall, Womsley and Lombard who worked with John Chambers the Village Solicitor. May has resigned from the firm. Swansen further explained that in the event there must be a reduction in staff the ordinance would allow the Village Manager to reduce staff through natural attrition, voluntary resignations, voluntary retirement, position elimination and layoffs. Swansen added that the current Personnel Policy Manual is silent on this issue.
Hempfling requested that the layoffs come under the jurisdiction of Council and a small committee be formed to address this issue, that the current ordinance did not warrant an emergency passing and the ordinance be tabled. [Hempfling submitted her addendum to this section of the minutes].
Hardman explained that it is Council’s role to adopt policy and the Village Manager would carry out the policy. Rickenbach added that the Village Charter prohibits Council from interacting directly with staff regarding this issue. The staff is under the supervision of theVillage Manager. The Village Manager is an employee of Council.
Dimi Reber asked if the employees were informed and what was their response. Swansen explained that he had met with the employees and supervisors and has kept them apprised of the issue. Helen Eier, Barbara Bernstein, Marianne MacQueen and Stan Bernstein expressed concerns of the emergency passage of the ordinance.
Carol Gasho stated that it was important that the policy be included in the Personnel Policy Manual. Sue Abendroth agreed and added that it was not fair to keep the employees waiting.
Council Clerk Deborah Benning, supporting the ordinance, stated that Swansen had met with staff and employees individually and in department meetings. She added that employees were unable to move forward because there
was no policy in place to address voluntary or early retirement. The public hearing was closed.
Hempfling expressed concern of the legality of the ordinance and MOVED to amend the ordinance by deleting numbers 4 and 5 in Section 1 and deleting Sections 2 and 3. The MOTION DIED for lack of a SECOND. Swansen addressing Hempfling’s concern stated that the Village Solicitor drafted the ordinance. The roll was called. The MOTION PASSED 4-1, with a no vote from Hempfling.
Resolution #2006-15 Authorizing the Village as an agent to the Army Corps of Engineers for the Center for Business and Education. Karen Wintrow recused herself from the discussion stating that her husband was an architect on the project. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen explained that the Village would work with the Department of Army, Corps of Engineers, in the design and construction of the Center for Business and Education water and sewer infrastructure improvements.
Rickenbach and Chase agreed to a friendly amendment to delete the word value in the last sentence of the first whereas and to delete the phrase after the last comma in the second whereas. The roll was called. The MOTION PASSED 4-0, with an abstention from Wintrow.
CITIZENS CONCERNS
There were no comments from the audience.
SPECIAL REPORTS
Annual Report from Human Relations Commission (Agenda Planning)
OLD BUSINESS
Charter Review Committee-Charge & Membership (Agenda Planning)
2006 Goals-Review & Prioritize (Agenda Planning)
NEW BUSINESS
Appointment to Environmental Commission. Hempfling MOVED and Hardman SECONDED a MOTION to APPOINT Chad Runyon to the Environment Commission. The MOTION PASSED.
Appointment to Human Relations Commission. Hempfling MOVED and Hardman SECONDED a MOTION to APPOINT Katrina Dorsey to the Human Relations Commission. The MOTION PASSED.
Liquor License Renewals. Police Chief John Grote explained that he had reviewed the current and temporary license holders and found no reason for denial. Rickenbach MOVED and Hempfling SECONDED a MOTION that Council found no objections to the renewals. The MOTION PASSED.
MANAGER’S REPORT
Swansen reported that the hydrant flushing would begin the week of April 17 th. The new Code Red registration has begun and for notification of emergencies, residents should make sure their phone numbers are updated with the PD.
AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April17, 2006 Council Chambers, John Bryan Community Center, 100 Dayton Street.
Annual Report-Human Relations Commission
Annual Report-Zoning and Code Enforcement
Annual Report-Planning Office
Bike Enhancement/Northern Gateway Committee
Resolution Confirming Agricultural Use-Community Resources
Economic Revolving Loan Fund Quarterly Report
Treasurer’s Quarterly Report
Charter Review Committee
2006 Goals-Review and Prioritize
Volunteers Response Process
Treasurer’s Quarterly Report
Economic Revolving Loan Fund
Schedule Work Session-Project Management
Guidelines for Utility Resolution Dispute Commission
FUTURE AGENDA ITEMS
Fairfield Pike/Polecat Rd Citizen’s Petition Update
Volunteers Response Policy
Katrina Relief
Mowing Contract
Greenspace Fund
Sidewalk Obstructions
Interview for Village Treasurer
Annual Reports (commissions, committees and boards)
Municipal Credit Card
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
Review of the Village Manager Search Process
EXECUTIVE SESSION
Wintrow MOVED and Rickenbach SECONDED a MOTION to go into an Executive Session in accordance with Ohio Revised Code #121.22(G)(1) for a discussion of Personnel/Employment-Compensation. The MOTION PASSED at 10:05 p.m.
Rickenbach MOVED and Wintrow SECONDED a MOTION to return to the General Session. The MOTION PASSED.
ADJOURNMENT
Rickenbach MOVED and Wintrow SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:21 p.m.
_______________________________
Jocelyn Hardman, President of Council
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Deborah Benning, Clerk of Council
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