Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS April 2, 2007
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.
CALL TO ORDER
Vice President Karen Wintrow called the meeting to order at 7:00 p.m.
ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present. The Village Manager Eric Swansen was also present.
ANNOUNCEMENTS
Notice from Barry Reich of Cole, Acton, Harmon, Dunn withdrawal of the Fogg Farm Annexation Request.
REVIEW OF THE MINUTES.
Review of the minutes from March 19, 2007. Rickenbach MOVED and Chase SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.
REVIEW OF AGENDA
Council agreed to remove all legislation pertaining to the Fogg property from the agenda.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
YS Community Council re: Bryan Center Youth Allocation - Wintrow expressed thanks for the additional $500 that was added to the allocation.
YS Community Council re: Annual Meeting-May 17 th
Paul Cooper re: Motorcycle Noise
YS Chamber of Commerce re: Community Stability
Cezarina Trone re: Human Relations Commission Application - Hempfling stated she was encouraged by so many applicants to the various boards and commissions.
Roy Cottongim re: Library Commission Application
Eli Hurwitz re: Environmental Commission Application
YS Public Library re: April 12 th Board Meeting
Arnet Fox re: Cable Franchising Alert - Swansen explained that if this bill passes it would pre-exempt the Village's authority. This issue is being driven by the large telephone and cellular phone companies. Swansen further explained that the municipalities would not have much to say in this matter and that funding for local access stations would be gone soon. Council agreed to authorize the Village Manager to write a letter in response to this concern.
PUBLIC HEARINGS/LEGISLATION
Resolution re: Pre-Annexation Agreement/Miller-Fogg. This was removed from the agenda.
2 nd Reading and PH of Ordinance #2007-02 Fogg Annexation Request. This was removed from the agenda.
1 st Reading of Ordinance #2007-04 Mutual Aid Agreement/AMP-Ohio. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this ordinance would allow the Village staff to handle a widespread emergency to the power system. In the event of such an emergency the Village would be able to obtain additional staff and equipment from throughout the U.S. and Canada. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for April 16 th .
Resolution #2007-06 re: WASG Power Pool Schedule/AMP-Ohio. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this resolution would allow for the Village to lower its transmission costs and other costs related to power by buying and selling its power needs through the Western Area Service Group. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to APPROVE the typographical errors in the resolution. The MOTION PASSED. The roll was called on the original motion. The MOTION PASSED.
Resolution #2007-07 re: Master Services Agreement/AMP-Ohio. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to have the resolution read by title only. The MOTION PASSED. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL of the resolution. Swansen explained that this resolution would allow the Village to purchase and sale power in a timely and orderly process and to better serve the Village. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-08 re: Village Manager's Employment Agreement. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Wintrow explained that Swansen had begun his second year of a five-year contract. The resolution expresses the desire and intent of Council to continue Swansen's employment agreement.
Swansen explained the amendment to the employment agreement was a change in the sentence structure in order to correctly reflect the intentions of Council. The last sentence of Section 4 would now read, that "the Village shall compensate Employee for any non-vested balance of the Village contributions to the Employee's Member Directed Ohio Public Employee Retirement System Account". Rickenbach MOVED and Hempfling SECONDED a MOTION to ACCEPT the amendment. The MOTION PASSED UNANIMOUSLY. The roll was called on the resolution. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-09 Designation of Building Official/ Unified Building Code. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the Village does not have the staff to perform residential inspection duties. Swansen added that even if the County does the residential inspections that does not preclude the Village from adding overlay zoning that would raise the standards. Rickenbach added that when he performed those duties for the Village, the building code was essentially materials based but now it is more performance based. The roll was called. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
Paul Abendroth submitted a memo to Council regarding the Skate Park. He reminded Council that at the budget discussions several young people attended and asked Council to keep the skate park opened. He added that last fall the Village's insurance company identified the state of the skate park as a concern. The skate park is in need of restoration and improvements. He suggested that someone call a meeting and get started on this worthy project.
Donations are welcomed. Chief Grote has received $300 in donations. Swansen added that the donations are tax-deductible.
SPECIAL REPORTS
Human Relations Commission Annual Report. Member John Booth read the report. He covered the 2006 and 2007 Goals, their past year's activities and the HRC's mission statement. Booth reported that the Commission performed several activities regarding rights and civil liberties related to youth, which included elementary, secondary and college students. Some of their activities were, co-sponsored an Undoing Racism workshop, supporting the efforts of the Accessibility Committee, and meeting with Police Chief John Grote in an effort to understand police procedures and use of force issues. (See report).
Bike Enhancement/Northern Gateway Annual Report. Committee member Ed Dressler reported that the Northern Gateway project would be the major focus for the Committee over the next few years. The Committee has been working on the application and implementation of the Safe Routes to Schools program. Colin Altman has submitted the Bicycle Friendly Community application and the bike path to Ellis Park was dedicated in August. The Committee was involved with two cycling events, a leg of the Tour of Ohio and The Mellow Yellow Cookie Tour. Dressler also announced that May is Nation Bike Month. Council thanked the Committee for its efforts in securing additional funds for the Northern Gateway project. (See report).
Planning Commission Annual Report . Rickenbach noted that Council did not receive all of the pages of the report and directed the Clerk to include a copy of the full report in the next Council packet. Rickenbach gave an overview of the Commission's 2006 activities. Hempfling asked if the Commission would be identifying a checklist for the PUD process. Rickenbach stated that Village Planner Phil Hawkey had developed the checklist.
OLD BUSINESS
Cabooses-Rickenbach Memo. Wintrow explained that in 2005 a Caboose Taskforce was created and given the charge to make recommendations regarding the future of the cabooses. They later reported back to Council with their recommendations, which were to sell one of the cabooses and use those funds to rehab the other. They further recommended that the rehabbed caboose be placed in Hilda Rahn Park.
Rickenbach expressed concern that these valuable assets continue to deteriorate. There has been little movement on the recommendations from the taskforce. He supported keeping one in the Village if possible, but more importantly that the next steps be taken on the original recommendations. Van der Heiden MOVED and Hempfling SECONDED a MOTION to direct the Village Manager to seek proposals for future disposition of the cabooses. Hempfling suggested that they be advertised locally first. The MOTION PASSED.
Annexation Process. Wintrow suggested that Council review the annexation process and discuss what lessons have been learned and what will be the next steps in planning for the Village's future.
Swansen added that looking at what did not get done because of the amount of energy put into the annexation process should be added to the discussion. He further added that drafting a pre-annexation agreement would be something that should be considered in the first steps of the annexation process.
Wintrow suggested that the Village Solicitor be asked for an opinion on what is legal in Ohio regarding a pre-annexation agreement and how could it be placed in the Ordinances. Hempfling stated that a PUD application on a large lot maybe coming to Council soon, so she would like Council to move quickly. Rickenbach caution whether Council would want to mandate or negotiate a pre-annexation agreement.
Wintrow suggested that it is time to have a discussion regarding the Glass Farm. She asked Swansen to give Council some of his thoughts on the annexation policy, pre-annexation agreements, permit and application fees and the future of the Glass Farm.
Hempfling suggested that Council and the community discuss whether the Village should increase its size. Hempfling also suggested a moratorium on annexation.
Van der Heiden and Chase agreed that there was no consensus as to whether the Village should grow or not. They also supported having more discussion regarding this issue. Van der Heiden asked if Council were willing to use the Glass Farm to further economic development. Swansen suggested that Council refer to the CEDA agreement when having this discussion.
Retreat. Wintrow thanked Council, Swansen, Bruce Heckman and the Benning for their help with the Retreat. Wintrow distributed an "Action Plans from the Retreat" document that listed the items that Council members had agreed to for improving their Council processes. The items were; (1) making packets available seven days before the Council meetings, (2) improve the effectiveness of Council meetings, and (3) meet with the commissions, committees and boards to discuss their roles and responsibilities.
NEW BUSINESS
Greenspace Fund Request from Tecumseh Land Trust. Tecumseh Land Trust made a request for funding from the Village's Greenspace Fund to assist them in securing grant from the Federal Farmland and Ranchland Protection Program. The current grant cycle is 45 days long, with completed grant applications due on April 27 th . This program requires a 25% match, which could be paid from the Greenspace Fund. Van der Heiden supported this effort by TLT and suggested that Council agree to the expenditure. Rickenbach agreed as long as the effort furthered and fostered the Jacoby Greenbelt. TLT would come back to Council with a resolution after they have reached an agreement with the property owner.
MANAGER'S REPORT
In his Manager's Report, Swansen stated that the street crew had replaced a box culvert on Brannum Lane and was completing pothole work on Walnut, Elm, President, Stafford and Corry Streets. Hydrant flushing is scheduled for the week of April 16 th .
AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April16, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.
Annual Report-Cable Advisory Panel & Channel 13
Treasurer's Report Quarterly Report
Economic Revolving Loan Fund Quarterly Report
2 nd Reading and PH re: Designation of Building Official/ Unified Building Code
Energy-Generation/WASG
Legislation re: Green Pricing
Resolution: Mayor's Computer Fund
Ordinance: Supplemental Appropriations
FUTURE AGENDA ITEMS
Annual Reports-Commissions/Committees/Boards
Liquor License Renewals (5/7)
Charter Review Committee Report (5/7)
Farm Leases
Audit Conference
Ordinance re: Control of Demolitions
Appointment to HRC, DAC & EC
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
Greenspace Fund
Protecting the Greenbelt
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
EXECUTIVE SESSION
There was no Executive Session scheduled.
ADJOURNMENT
Having no further business, Rickenbach MOVED and Van der Heiden SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:59 p.m.
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