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Council of the Village of Yellow SpringsVILLAGE OF YELLOW SPRINGS MINUTES IN COUNCIL CHAMBERS October 16, 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 be made available on the small table at the rear of the Council Chambers. Please write your name and the topic you wish to discuss. CALL TO ORDER President Jocelyn Hardman called the meeting to order at 7:02 p.m. ROLL CALLJocelyn Hardman, Karen Wintrow, Bruce Rickenbach, and Kathryn Chase were present as was the Village Manager Eric Swansen. Judith Hempfling was absent. ANNOUNCEMENTS The Council Clerk announced that Joan Chappelle was interested in another term with the Human Relations Commission. Chappelle's term ends on October 31 st . REVIEW OF THE MINUTESReview of the minutes from October 2 nd regular meeting. Rickenbach MOVED and Wintrow SECONDED a MOTION for APROVAL as amended. The MOTION PASSED. REVIEW OF AGENDAHardman suggested and Council agreed to move Special Reports immediately following Petitions/Communications and Resolutions #2006-34 and #2006-35 be discussed prior to the other resolutions. PETITIONS/COMMUNICATIONSThe Clerk will receive and file: AMP-Ohio Newsletter(s) Mayor's Monthly Statement County Emergency Agency re: Letter of Support AMP-Ohio re: 2006 Conference/Business Development Session Greene Environmental Coalition re: Cemex (Correction) Y.S. Chamber Newsletter OML Legislation Update #9 Hawkey memo re: New Home Fees Wintrow memo re: Suggested 2007 Goals Hempfling memo re: Suggested 2007 Goals and Fogg Annexation Andre Bognar re: No to Fogg Annexation Mary White re: No to Fogg Annexation SPECIAL REPORTSPresentation: Tom Harris-Greene County Career Center/Levy . Harris gave a presentation to Council regarding Issue 7 a .75 mill Replacement Levy for permanent improvements and the new Issue 8 a .25 mill "new" levy for the Greene County Career Center . PUBLIC HEARINGS/LEGISLATION Resolution #2006-34 Adopting a statement indicating the Services to the Fogg Property. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Village Planner Phil Hawkey reviewed the processes used for a regular and an expedited annexation. This property was filed under an expedited annexation. Hawkey's review of services explained the following: • Law enforcement and the planning staff would be available immediately. • Recreation programming, maintenance of public streets and alleyways, potable water service, storm sewerage and solid waste collection and disposal would be available as infrastructure improvements allowed for such services. • Sanitary sewer service and electric availability would be dependent upon capacity requirements. • Any public utility services offered would be subject to regulations and conditions that the Village deems appropriate. Shannon Martin from our Village Solicitor's office explained that Council would be consenting to or rejecting the petition not the annexation based on guidelines within the Ohio Revised Code. If there were no defects within the petition there would be no grounds for rejection. Martin added that minimal services could be stated in the resolution with more being added at a later date. She further stated that the County Commissioners have very little discretion when making their determination in the annexation request. If the Council failed to act, the County Commissioners would grant the annexation without any conditions. Public Comment: Dimi Reber asked what was the cost benefit to the Village and are there zoning guidelines for the property? Where would they shop? Work? Swansen explained that the Village did not have any advance plans from the developer and those types of questions would be answered during the zoning process. He added that the Village would benefit with more property taxes, more utility customers and additional students for the school district. Chad Runyon asked if the Village was required to provide utilities and what was the cost? Swansen explained that there was no cost to the taxpayer. Bob Brecha expressed concerns that the Village has very little voice in this process. Lynn McCown citing the decline in Village's population felt this would be a benefit for the Village. Jerry Papania stated that growth should pay its own way. He also expressed concern regarding a proposed new electric substation and the additional capacity needed at the Wastewater Treatment Plant. Swansen explained that the capacity issue would have to be addressed with or without this annexation. Joseph Giardullo explained that supporting the annexation would give the Village more land use control. If the property is annexed it would retain its agricultural zoning until such time as the property owners make a request for a change in zoning. Rickenbach added that two-thirds of this property falls within the Village's Urban Service Boundary and could be served by gravity sewer. The roll was called. The MOTION PASSED UNANIMOUSLY. Resolution #2006-35 Consenting to the Annexation of the Fogg Property Expedited Annexation Policy. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. This legislation would allow Council to consent to the petition with conditions. The conditions were listed in the previous resolution. Public Comment: Suzanne Patterson asked which legislation could be subject to a referendum? Shannon Martin explained that the County makes the enabling decision regarding the annexation. Martin added that she would have to explore Patterson's question before giving a legal answer. Becky Campbell cautioned that a petitioner could sue under the "Takings Law" if denied their land-use rights regarding their property. The roll was called. The MOTION PASSED UNANIMOUSLY. Resolution #2006-32 Council's 2007 Goals. Wintrow MOVED and Chase SECONDED a MOTION for APPROVAL. In Hempfling's absence, Hardman read aloud Hempfling's suggested goals. Hempfling rewrote three goals that encompassed the ten original goals. Wintrow then read her suggested three goals that also combined and consolidated the ten original goals. There were similarities in both suggestions. Rickenbach MOVED and Hardman SECONDED a MOTION to AMEND the resolution to change the ten original goals to the three goals drafted by Wintrow and add main headings for each. The 2007 Goals would now read as follows:
The roll was called on the amendment, which PASSED UNANIMOUSLY. The roll was then called on the resolution, which also PASSED UNANIMOUSLY. Rickenbach commended both Hempfling and Wintrow for their work on the goals. Resolution #2006-33 Flour & Sugar Expenditure. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. This legislation authorizes the Village Manager to procure the traditional flour and sugar and distribute them amongst the widows who reside in the Village. This is in keeping with the wishes of Wheeling Gaunt who donated the land know as Gaunt Park to the Village. The MOTION PASSED UNANIMOUSLY. Resolution #2006-36 Authorizing Village Manager/ODOT/Ctr for Bus. & Ed. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. This legislation authorizes the Village Manager to enter into an agreement with ODOT regarding the access road for the Center for Business and Education as the Local Public Authority. Rickenbach and Wintrow agreed to a friendly amendment that would spell out the acronym for LPA and to take out the parenthesis in the second Whereas. The amended section of the resolution would now read: WHEREAS; the GRE-Center for Business and Education Access Road , PID 81543 is a transportation activity eligible to receive federal/state funding; and WHEREAS; Village of Yellow Springs, the LPA (Local Public Authority), has received funding approval for the project listed above from the Program Manager having responsibility for the federal/state funds involved, and The roll was called. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNS Carol Gasho offered words of appreciation to the Village for its efforts with the ongoing work regarding The Center for Business and Education. She added that Community Resources has received a $ 597,000 grant from ODOT. Jean Payne also offered words of appreciation and thanks to the staff and Council for their hard work. OLD BUSINESSThere were no items listed under Old Business. NEW BUSINESS3 rd Quarter Financials. Swansen reported that the Income Tax was coming in below the budget but the monies received from the Estate Tax were somewhat higher. He added that the Estate Tax funds are unpredictable and should be used as funding for one-time projects. Treasurer's Report. Interim Treasurer Deborah Benning explained that there was an increase in the year-to-date figures of 2006 in comparison to 2005. This was mainly due to the stock market rallies during 2006. Benning also suggested that wording should be included in the Village's Investment Policy that would not allow the Treasurer to move funds without consultation with the Village Manager and the Finance Director. The current policy allows the Treasurer to act independently, which Benning did not support. Council supported Benning's recommendation. Economic Revolving Loan Fund Update. Benning reported that the loan amount for Euphorbia Landscape was listed at $30,000 but the amount that had been issued was $28,413.51with a remaining outstanding balance of $14,918.95. This amount had been corrected on this report. Benning further reported that she expected this loan to be settled through litigation. Benning also reported that Gypsy Café continues to make payments on their loan balance. MANAGER'S REPORT Swansen reported that staff had met with a loss control specialist from the Ohio Public Entity Pool insurance program. The specialist reviewed the Village's operations and Village owned properties. Some concerns that will be forthcoming in their report are the safety issues at the Pottery Shed, condition of the skate park ramps, and room rentals and public event liability. Swansen also reported that the Lion's Club donated funds to help support the bonfires on October 31 st . Wintrow thanked the Village staff, police department and the fire department for their assistance during the October Street Fair activities. Becky Campbell asked if students from the Greene County Vocational School could be asked to assist with repairs of the ramps at the skate park. Swansen agreed that it would be worth investigating. Swansen also asked Council to consider adding the Veterans Day holiday and the day after Thanksgiving to the paid holidays list for Village employees. Council agreed to add these two holidays for this year only.
STANDING REPORTSKathryn Chase Village Mediation Program Bruce Rickenbach Community Council Judith Hempfling Environmental Commission Judith Hempfling Human Relations Commission Jocelyn Hardman Library Commission Kathryn Chase Cable Advisory Panel Karen Wintrow Chamber of Commerce (On file) Jocelyn Hardman Reg. Planning & Coord. Com. Greene Cty. Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file) Karen Wintrow Miami Valley Regional Planning Commission (On file)
AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, November 6, 2006 in Council Chambers, John Bryan Community Center , 100 Dayton Street .
Items for discussion on Monday, November 6, 2006: 2007 Proposed Budgets 3 rd Quarter Planning/Zoning/Code Enforcement Update Resolution for two additional holidays Update from the Charter Review Committee
FUTURE AGENDA ITEMSAdditional Revenue Sources-Event Tax-Hotel/Motel Tax Appointment to HRC, DAC, & BZA 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 SESSIONThere were no items listed under Executive Session. ADJOURNMENTHaving no further business, Rickenbach MOVED and Wintrow SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:50 p.m.
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