Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS January 17th, 2006

CALL TO ORDER
Vice President Karen Wintrow called the meeting to order at 7:01 p.m.

SWEARING IN OF VILLAGE MANAGER- Eric Swansen- Mayor David Foubert administered the oath of office to incoming Village Manager, Eric Swansen. Council welcomed Swansen.

ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling and Kathryn Chase were present, as was the Village Manager Eric Swansen. President Jocelyn Hardman was absent.

Wintrow read a statement expressing appreciation for the work and commitment of Saul Young and offered sympathy to his family on his passing.

ANNOUNCEMENTS
Reception for Eric and Shelley Swansen has been scheduled for Tuesday, January 24, 2006 at 7:00p.m. on the second floor of the Bryan Center.

Council’s Goal Session has been scheduled for Monday, January 30, 2006 at 7 p.m. in Council Chambers.

Planning Commission will hold a special meeting to continue their discussion on the northwest section of the Village on January 25, 2006 at 7 p.m. in Council Chambers.

REVIEW OF THE MINUTES
Review of the minutes from January 3, 2006 regular meeting. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED.

REVIEW OF AGENDA
Rickenbach suggested and Council agreed that the discussion regarding the Charter Review Committee be postponed until Hardman can participate.

In accordance with the Ohio Revised Code #121.22(G)(1) Personnel-Employment and #121.22 Court Action-Pending Litigation, Rickenbach MOVED and Chase SECONDED a MOTION for an Executive Session immediately following tonight’s general session. The MOTION PASSED UNANIMOUSLY.

Rickenbach MOVED and Hempfling SECONDED a MOTION to accept the agenda as amended.

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP OH Newsletter(s)
Mike Triplett re: Application Caboose Committee
YS Chamber News
Mayor’s Monthly Statement
GreenEnergyOhio re: Monitoring Ohio Wind (Referred to Village Manager and Environmental Commission)
Citizen’s Petition re: Remedies to Excessive Speed (Referred to Village Manager and Chief Grote)
Tim Toby re: Application to Planning Commission

PUBLIC HEARINGS/LEGISLATION
2nd Reading and PH of Ordinance #2006-01 Approving a Temporary Budget. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The Temporary Budget authorizes the Village Manager to make expenditures that do not exceed those appropriated for a like period during 2005, with the exception of wage cost and benefit increases. Wintrow opened the public hearing. Having no comment the public hearing was closed. The roll was called. THE MOTION PASSED UNANIMOUSLY.

2nd Reading and PH of Ordinance #2006-02 Antioch University Rezoning of 10-acre parcel. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL Wintrow read a statement of support for retaining Antioch McGregor in the Village and for the renewal of Antioch College.

Rickenbach explained that Planning Commission had held a public hearing and had recommended approval to Council with the caveat that additional documents and conditions be met. Those conditions and documents have been provided to Council. Wintrow opened the public hearing. Having no comment the public hearing was closed. The roll was called. THE MOTION PASSED UNANIMOUSLY.

Resolution #2006-03 Membership-Dayton Regional Hazardous Materials Response Team. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that the Village is required by law to have this service. The cost for the membership would be $526.54. The MOTION PASSED.

Resolution #2006-04 Membership-MVRPC. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Rickenbach requested and Hempfling agreed to a friendly amendment adding the word Commission in the first Whereas. The cost of the membership would be $1,730.06. The MOTION PASSED.

CITIZENS CONCERNS
Pat Olds offered words of support for a discussion on general sidewalk obstructions. Wintrow explained that Council would be discussing snow obstructions tonight and the larger issue on general obstructions had been referred to the Transportation Committee.

SPECIAL REPORTS
There were no special reports.

OLD BUSINESS
Snow Obstructions. Swansen stated that this was a delicate issue, referring to state law; the liability is the property owners when the property owner changes the natural occurrence of accumulating snow or ice. He added that, traditionally Villagers have come to expect cleared sidewalks.

Harold Hamilton, Streets Supervisor explained that property owners are responsible for their sidewalks, but if the sidewalks in the central business district are not cleared and they pose a problem, the crew will cleared them. He added that the Village has limited resources to provide this service.

Council agreed discuss this issue during their goal session and determine any budgetary commitment and to look into the possibility of declaring snow emergencies in order to allow for better access for snow removal. Swansen and Hamilton will meet this week to address some of the concerns especially the clearing of corners, crossings and handicap spaces.

Amending the Noise ordinance. Swansen suggested and Council agreed to send the noise ordinance back to staff and the Environmental Commission for further review and recommendations.

Preliminary Draft of Amended Annexation Policy. Swansen explained that the changes in the policy were made because of technical changes in the state laws. A resolution would be prepared and submitted to Council for approval.

Scheduling of public hearing/BZA Appeal-Micki Adams. Council has scheduled the public hearing for Tuesday, February 21st.

Katrina Relief-Surplus Items. Council agreed to move this to Agenda Planning.

NEW BUSINESS
Charter Review Committee was moved to Agenda Planning
Schedule Budget Workshops. Council set the budget workshops for Thursday, February 23rd, March 2nd and March 9th at 7p.m.
Final 2005 Treasurer’s Report. Finance Director Sharon Potter explained that there had been some increases in interest in the Star Ohio account. As the economy gains strength the interest rates should increase in the various Village accounts. (A copy of the report is available from the Clerk of Council).
Final 2005 Economic Revolving Loan Fund Report. Potter reviewed the latest loan fund activity. (A copy of the report is available from the Clerk of Council).

MANAGER’S REPORT
Swansen expressed concern regarding the state project that is blocking the use of the sidewalk adjacent to the BP station and the post office. Although the project is a state project and not a village project, the repairs had closed the sidewalk for pedestrian use and a completion date was not available.

In referring to a petition sent to Council regarding the speeding on Fairfield Pike, Hempfling suggested the Transportation Committee should include traffic calming devices in their discussions. Swansen stated that the petitioners did not request this, however it would be something to consider.

STANDING REPORTS
Kathryn Chase Village Mediation Program
Bruce Rickenbach Community Council
Judith Hempfling Environmental Commission – The EC can have their annual report ready for presentation at the next Council meeting.
Judith Hempfling Human Relations Commission
Jocelyn Hardman Library Commission
Kathryn Chase Cable Advisory Panel (On file) – The Panel would be making a recommendation to increase the number of its membership.
Karen Wintrow Chamber of Commerce
Jocelyn Hardman Reg. Planning & Coord. Comm. Greene Cty.
Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file)
Karen Wintrow Miami Valley Regional Planning Commission

AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, February 6, 2006 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion on Monday, February 6th are:
Caboose Follow-Up
Charter Review Committee
Visioning Presentation-Len Kramer
Environmental Commission Annual Report
Resolution-Annexation Policy with background info
King Street Parking Restrictions

FUTURE AGENDA ITEMS
Citizens Petition-Fairfield Pike
Katrina Relief-Surplus Items
Greenspace Fund
Sidewalk Obstructions
Guidelines for Utility Resolution Dispute Commission
Interview for Village Treasurer
Annual Reports (commissions, committees and boards) (Feb)
Municipal Credit Card
2006 Annual Appropriations
Pole Contact Agreements
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan

EXECUTIVE SESSION
Rickenbach MOVED and Hempfling SECONDED a MOTION to go into the Executive Session for a discussion on personnel-employment and litigation. Jill May a representative from the Village Solicitor’s office was present. The MOTION PASSED UNANIMOUSLY at 8:32 p.m.
Rickenbach MOVED and Hempfling SECONDED a MOTION to return to the General Session. The MOTION PASSED.

GENERAL SESSION
Rickenbach MOVED and Chase SECONDED a MOTION to accept the resignation of Charlotte Collins, Village Treasurer effective January 17, 2006. The MOTION PASSED.
Rickenbach MOVED and Hempfling SECONDED a MOTION to appoint Deborah Benning as Interim Treasurer effective January 17, 2006. The MOTION PASSED.

ADJOURNMENT
Rickenbach MOVED and Hempfling SECONDED a MOTION to ADJOURN. The MOTION PASSED.