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Council of the Village of Yellow SpringsIN COUNCIL CHAMBERS December 4, 2006 Comments from the Public are welcomed at two different times during the course of the meeting: (1) Comments on items not on the Agenda will be heard under Citizens Concerns, and (2) Comments on all items listed on the Agenda will be heard during Council's consideration of said item. A Sign-In sheet will made available on the small table at the rear of the Council Chambers. Please first write your name and the topic you wish to discuss.
ANNOUNCEMENTSResignation of Council President Jocelyn Hardman. Wintrow, on behalf of Council accepted with regret the resignation of former Council President Jocelyn Hardman.
Review of the minutes from November 6, 2006. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED.
REVIEW OF AGENDA
MVRPC re: Cancellation of Meeting County Library re: Board Meeting Public Notice re: Isolated Wetlands Permit Green Environmental Coalition re: Cemex County Parks Weekender Update Ohio Legislative Committees Updates Mary A. Agna re: Community Advisory Board/Council on Aging 2007 Ohio Government Officials List YS Chamber " Holiday in the Village" PUBLIC HEARINGS/LEGISLATION1 st Reading of Ordinance 2006-22 Approving Ordinances, as an emergency. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Clerk of Council Deborah Benning explained that this ordinance would allow for all legislation passed over the last two years and some of the legislation passed by the State of Ohio to be incorporated into the Village's Code. The ordinance is an emergency to allow the Village's Codified Ordinance to be in compliance and to allow the Police Department and Mayor's Court to apply the correct statutes. Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. 1 st Reading & Public Hearing of Ordinance 2006-23 Approving Underground Electric, as an emergency. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen explained that if approved this ordinance would affect new development. He further explained that there was no reference to electric in the minor subdivision ordinance. The Village is unique because it owns its electric utility and needs to have this included in the ordinance. He added that it is becoming the norm for developers to place the electric underground. There would be no fee in this ordinance in order to allow for the fees to be set based on the actual costs of each project. Wintrow opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNSPatricia Olds requested that the sidewalk repairs continue, specifically on the east side of Herman Street to Corry Street . She stated that several months ago, Council had approved $20,000 for sidewalk repair. She also requested that something be placed in the YS News reminding property owners of their responsibility to maintain their sidewalks. She also asked for volunteers to work on the Accessibility Committee. Ray Olds added that the Village is responsible for the curb cuts that allow access from the sidewalks to the streets. He noted that some curb cuts were in need of repair. He requested that there be an inspection of the sidewalks and that notices be sent to property owners whose sidewalks need repair. Swansen explained that some small projects had been done but no comprehensive sidewalk plan had been developed. Swansen agreed with Hempfling that the sidewalk from Herman St. to Corry St. was a top priority as well as the sidewalk around Mills Lawn Elementary School . Stan Bernstein referring to an article written by Diane Chiddister in the YS News noted that although the levy passed by one vote, it reflects quite a division in the community. He hopes that Council would consider this when making the appointment of the new councilperson. He would also like to see a high priority placed on "smart growth". Al Schlueter stated that he had voted against the levy because it seemed to divide the community. He added that he hoped Council would choose someone who represents the diversity of Village. Pat Murphy asked that with small communities having less and less power regarding building and zoning codes, how much power does the village have? Rickenbach explained that the Village is granted power by the State, however; the Village cannot take away the value of the land. Helen Eier suggested that citizens must raise money to fight for things they believe in and not always depend on Council. Kathryn Chase, citing the Village Survey, explained that the community wanted the Village to be pulled out of its financial problems by increasing jobs and through population growth.
There were no Special Reports.
OLD BUSINESS Hempfling suggested that whether the levy passes or not, Council should take the lead in the budget discussions and take a more detailed look at budget funds. Sue Abendroth stated that prior to the election, Council had presented two budget scenarios in order to insure voters of what to expect if the levy passed and if it failed. Abendroth asked if Council was committed to that same idea? Chase agreeing with Abendroth explained that Council presented two budgets to the public so that the voters would know what to expect. Swansen added that if the levy fails then the assumption would be no new revenue. The Village would have to review the required services and to the best of its ability look at ways to provide the services and at what level. Hempfling suggested that the Village Manager presents his or staff's point of view and recommendations, but that Council sets policy. Appointment to Planning Commission. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPOINT Matt Reed to Planning Commission. The MOTION PASSED UNANIMOUSLY.
NEW BUSINESS Planning Commission recommendations - Zoning Updates/Central Business District, Comprehensive Plan and the Urban Service Area. Rickenbach explained that Planning Commission had amended the language in the zoning code pertaining to signage and regarding building improvements and new construction in the CBD. A first reading of the proposed amendments would be heard on the 18 th of December with the second reading and public hearing scheduled for the 16 th of January. Rickenbach went on to explain that the Urban Service Boundary is a physical line that shows what areas can be served by gravity sewer. The Urban Service Area depicts the areas that could be served using a pump. Hempfling MOVED to hold off this discussion until mid-January in order to have more community input. The MOTION DIED for lack of a SECOND. Council members agreed to hold a first reading of the proposed amendments at their December 18 th meeting. They further agreed to ask John Eastman the Village Engineer to be present at the meeting. Clerk of Council-Annual Report. Benning reviewed her job description along with her annual report. Benning explained that working with the Charter Review Committee should be added to her list of duties. Council would meet with Benning in an Executive Session following the completion of tonight's Council meeting. Process for Appointment to Council. Benning gave a historical review of past process used by councils to appoint a new councilperson. The Village Charter requirements are that the individual be at least 18 years of age, a qualified elector and a village resident. The Charter also requires Council to make the appointment within thirty days of the former council resignation. Rickenbach suggested and Council agreed to run an ad in the YS News on the 7 th and 14 th advertising the vacancy and asking applicants to submit a letter of interest, a resume and a history of their community involvement. The ad would also be placed on the Village website and Channel 13. A press release would be sent to other area newspapers. Council further agreed to receive the resumes in their December 18 th packet and each Councilperson would be responsible for speaking to the candidates on an individual basis. Council would make the appointment at their January 2 nd meeting.
MANAGER'S REPORT Swansen reported that the paving on Dayton Street was complete. He added that Vectren would be tearing up a section of the street, but would "patch" the area when finished. Swansen suggested that the Village continue to check the patch for wear and tear.
AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, December 18, 2006 Council Chambers, John Bryan Community Center, 100 Dayton Street. 2 nd Reading & PH of Ordinance 2006-20 Annual Appropriations (w/levy) 2 nd Reading & PH of Ordinance 2006-21 Annual Appropriations (w/o) Resolution re: Clerk/Interim Treasurer Employment Agreement 1 st Reading of Ordinance re: Central Business District Zoning 1 st Reading of Ordinance re: Urban Service Area Resolution re: Waterline Agreement-FCC Council Appointment Criteria
FUTURE AGENDA ITEMSVillage Manager/Employment Agreement Additional Revenue Sources-Event Tax-Hotel/Motel Tax Appointment to HRC & DAC Guidelines for Utility Resolution Dispute Commission Fairfield Pike/Polecat Rd Citizen's Petition Update Greenspace Fund Sidewalk Obstructions Interview for Village Treasurer Municipal Credit Card
EXECUTIVE SESSION Hempfling MOVED and Rickenbach SECONDED a MOTION for an Executive Session with the Clerk of Council for a discussion of Personnel-Employment. This is in accordance with the Ohio Revised Code #121.22(G)(1). The MOTION PASSED UNANIMOUSLY at 9:39 p.m. Rickenbach MOVED and Hempfling SECONDED a MOTION to return to the General Session. The MOTION PASSED.
GENERAL SESSIONCouncil agreed to direct the Village Manager to research salaries for Clerks in Ohio and have that information ready for the next meeting.
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