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Council of the Village of Yellow SpringsIN COUNCIL CHAMBERS April 16, 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 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 ROLL CALL ANNOUNCEMENTS REVIEW OF THE MINUTES REVIEW OF AGENDA PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletter(s) Annual Report from Planning Commission Mayor's Monthly Statement Greene County Environmental Services re: Shred It Day Little Miami Inc. Newsletter YS Men's Group Community Information Project Progress Report Time Warner Cable re: HI Definition & Major League Baseball Availability Don Wallis re: Application to HRC OML Legislative Bulletin for March 23 rd -Mayor's Court (New Business) OML Legislative Bulletin for April 12 th Legislation Committee Meetings & Hearings-April 16 th -19 th Steve Conn re: Application to EC Glenn Watts re: Antioch McGregor-Diesel Generators (New Business) PUBLIC HEARINGS/LEGISLATION 2 nd Reading and Public Hearing of Ordinance 2007-04 Mutual Aid/Amp-Ohio. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Rickenbach MOVED and Hempfling SECONDED a MOTION to have the ordinance read by "title only". The MOTION PASSED. Swansen explained that this ordinance would allow for mutual aid assistance with other participating municipalities in case of an emergency to the electrical system. This aid could come from within the state, nationally and Canada. This would also allow the Village to respond to assistance if the need and the manpower were available. Wintrow opened the public hearing. Having no comments the public hearing was closed. The roll was called and the MOTION PASSED UNANIMOUSLY. 1 st Reading re: Ordinance 2007-05 Supplemental Appropriations. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen reviewed the adjustments made to the Annual Appropriations through this ordinance. These adjustments included but were not limited to increases due to the early retirements, payment of real estate taxes on the Sutton Farm, new printer and fax machine for the Clerk of Council and boiler replacement at the Bryan Center. The total of the variance was $550,611, which brings the new Annual Appropriation total to $9,296,719. The roll was called and the MOTION PASSED UNANIMOUSLY. 1 st Reading re: Ordinance 2007-06 Fund Transfers. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that the transfer from the General Fund to the funds listed totaled $1,178,499. The roll was called and the MOTION PASSED UNANIMOUSLY. 1 st Reading re: Ordinance 2007-07 Amending Mayor's Computer Fund. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that the increase would assist in funding of laptop computers in the police cars, which will enable the officer immediate access to various law enforcement agencies and their departments. The roll was called and the MOTION PASSED UNANIMOUSLY. 1 st Reading re: Ordinance 2007-08 Amending Kilowatt Tax Fund Distribution. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that this revenue source would be distributed as stated in the annual budget rather than directly into the Electric Fund. The roll was called and the MOTION PASSED UNANIMOUSLY. Resolution 2007-10 Awarding Farm Leases. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The bid was awarded to Flatter Hereford at $116.01 per acre for a total of 72 acres for five years. Swansen explained that the Sutton Farm would continue to be farmed because it is under a conservation easement. The Glass Farm section of the lease would have language that would allow for the Village to exercise the option of removing it from the lease program. Hempfling MOVED and Rickenbach SECONDED a MOTION for an amendment to add a Section 4 to the resolution which would state that the Village has until March 1 st of each year to notify Flatter Hereford of its intention to remove the Glass Farm from the leasing program. The MOTION PASSED UNANIMOUSLY. The roll was called on the original motion and that MOTION PASSED UNANIMOUSLY. Resolution 2007-11 Authorizing the Village Manager to enter into an Agreement with Community Resources and Education Village Inc. re: Ctr. for Bus. & Edu. Hempfling MOVED and Chase SECONDED a MOTION for APPROVAL. Wintrow recused herself from the discussion citing the relationship between her husband and the Center for Business and Education as a conflict of interest. Swansen explained that this was a replacement agreement for a previous agreement authorized in 2006. The Village Manager would be authorized to enter into the Project Cooperation Agreement (PCA) with the U.S. Army of Engineers to provide funds for utility infrastructure for the Center for Business and Education. The Village would also be permitted to hire an agent to assist in the administration of the PCA. The cost would be $42,000, which would be reimbursed to the Village by Community Resources. Rickenbach suggested that in the title paragraph and in Section A. of the agreement the wording community should be replaced with cooperative . The Village entered into a Cooperative Economic Development Agreement with the Miami Township Trustees. The roll was called and the MOTION PASSED 3-0. Peggy Erskine and Council members thanked Carol Gasho and members of Community Resources for all their work in making this project possible. CITIZENS CONCERNS There were no comments from the audience. SPECIAL REPORTS Annual Report-Cable Advisory Panel & Channel 13. Panel member Paul Abendroth reviewed the YS Public Access Television 2006 Annual Report. Abendroth reported on the equipment upgrade and installation that occurred in 2006. He highlighted the work of the volunteer staff some of which were students from Antioch. Abendroth also reported that there was one opening on the Cable Advisory Panel. He added that the Panel would like to be part of the budgeting process, especially in the event that franchise fees available to public access would be sharply reduced or cut. Wintrow praised the volunteers for the incredible hard work and the long hours that they work. (See report for details). Treasurer's Quarterly Report. Benning reviewed the Quarterly Investment Report citing the increase in the interest rate for the Star Ohio account. Total interest on all the accounts for the first quarter was $38,538. Economic Revolving Loan Fund Quarterly Report. Benning reported that the court had rendered a decision in favor of the Village regarding the outstanding balance from the Euphorbia loan. The Finance Director would send out a new amortization schedule. Benning also reported that due to the updated computer system there are fewer duties for the Treasurer to perform also that her term as Interim Village Treasurer had ended. She suggested that Council might want to take some time to discuss the position. The Village Charter states that there must be a Treasurer. Wintrow suggested and Council agreed to direct Benning to draft a resolution for her to continue as Treasurer. Benning informed Council that she would have a draft to amend the Village's Investment Policy soon. The amendment would prohibit the Treasurer from making any investment decisions without input from the Village Manager and the Finance Director. OLD BUSINESS Sidewalk Pilot Project. Swansen explained that the sidewalk selection for the pilot project would be based on the 2002 Thoroughfare Plan from the Comprehensive Plan. The arterial streets involved would be Xenia Avenue, Dayton Street and Fairfield Pike. Swansen suggest a public process that would include; (1) an open house to share problems and collect data, (2) a brainstorming meeting to report on the feedback from the open house and (3) a recommendation meeting where all stakeholders would be invited to review the analysis. Hempfling supporting an accessible walk able and bike able community, expressed concern regarding funding. She would like to see the sidewalk from Friends Care Center to the Central Business District repaired as soon as possible. Assistant Planner Ed Amrhein explained that he sent a letter of interest to the Safe Routes to School Program requesting funds to do a planning study for the sidewalk project. Wintrow suggested that staff find out how other communities pay for this type of project. The Village has an ordinance that holds the property owner responsible for sidewalk repair, it was suggested that perhaps the ordinance should be enforced to assist in decreasing the overall cost of the program. Council agreed to hold the open house in mid-June. Green Pricing. Swansen reviewed his report and highlighted the section regarding Alternative Analysis. In this section of the report Swansen suggested that Council could (1) continue its "status quo" and continue its single rate structure, (2) become a part of the AMP-Ohio Green Pricing Program, which is voluntary participation by electric customers and/or (3) expand the renewables in use by the Village. Staff would like to examine each of these possibilities and report back to Council. Chad Runyon a member from the Environmental Commission explained that he had looked into the program in use at Bowling Green and Cuyahoga Falls, both use a low risk volunteer based program. Runyon stated that the EC would be willing to help. EC had previously submitted a report to Council regarding green pricing but due to time constraints was not able to do a verbal presentation. NEW BUSINESS Greenbelt Plan. Kate Bush from Tecumseh Land Trust reported that they were still in the discussion stage regarding a conservation easement near the Jacoby Creek. She also gave examples of such as using Estate Tax funds to replenish greenspace funds. Swansen reviewed the project charter created by Swansen and Krista Magaw, Executive Director of Tecumseh Land Trust for the Greenbelt Plan. The main objective is to complete the greenbelt. There would be several items that would need to be addressed in order to make this project possible. Some of the items included an analysis of lands that would complete the greenbelt, developing protection methods, and establishing funding strategies. Council agreed to a change in the sentence structure under the section listed as "Stakeholders" and asked that words property owners be placed at the beginning of the sentence rather than at the end. Council also agreed to direct Swansen to move forward with this project. OML Legislative Bulletin for March 23 rd -Mayor's Court. Swansen offered to draft a letter to the Ohio State Legislature to express concern that there would be legislation that would terminate Mayor's Court in Ohio. Rickenbach MOVED and Hempfling SECONDED a MOTION to direct Swansen to draft a letter opposing such action to the state legislature. The MOTION PASSED. Glenn Watts re: Antioch McGregor-Diesel Generators. In his letter, Watts the Construction Project Coordinator for the new Antioch McGregor building asked that Council consider rewording a section of Ordinance #1042 in order to allow for the use of diesel-powered generators. Watts explained that because they will be installing a fire pump and that the pump is required to have an alternate power source, a diesel-powered generator would be more cost effective. Rickenbach MOVED and Hempfling SECONDED a MOTION to direct the Village Manager to draft legislation that would allow for diesel-powered generators. The MOTION PASSED. MANAGER'S REPORT Swansen had drafted a letter to the State Senate expressing concern regarding SB117, which would allow for the elimination of cable franchise fees to local access channels. Swansen reported that the Village had received notice of a violation for operation at the Wastewater Treatment Plant. The violation included historical requirements dating back 10 years that were not implemented. New equipment is on order to comply with the historical requirements. The Village's Spring Clean-up has been scheduled for the week of May 7 th . There will be announcements in the YS News, Channel 13 and on the utility bills. Swansen reviewed the Streets Improvement Plan for 2007. The Village would be participating in the countywide paving program. Funding would be available from the Permissive Tax account and monies from the passage of the recent levy. The estimated total cost would be $585,921.00. STANDING REPORTS Kathryn Chase Village Mediation Program Bruce Rickenbach Community Council Judith Hempfling Environmental Commission (On file) Judith Hempfling Human Relations Commission (On file) Kathryn Van der Heiden Library Commission (On file) Kathryn Chase Cable Advisory Panel (on file) Karen Wintrow Chamber of Commerce (On file) Kathryn Van der Heiden Reg. Planning & Coord. Com. Greene Cty. (On file) Bruce Rickenbach Planning/Bike Comm./N. Gateway Commission (On file) Karen Wintrow Miami Valley Regional Planning Commission (On file) Hempfling MOVED and Chase SECONDED a MOTION to APPOINT Eli Hurwitz and Robert Moore to the Environmental Commission. The MOTION PASSED. Hempfling MOVED and Chase SECONDED a MOTION to APPOINT Cezarina Trone to the Human Relations 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, May 7, 2007 in Council Chambers, John Bryan Community Center, 100 Dayton Street. Items for discussion on Monday, May 7, 2007: Liquor License Renewals Charter Review Committee Report Planning/Zoning Quarterly Report 2 nd Reading and PH. Re: Fund Transfers 2 nd Reading and PH. Re: Supplemental Appropriations 2 nd Reading and PH. Re: Amending Mayor's Computer Fund 2 nd Reading and PH. Re: Amending Kilowatt Tax Fund Distribution Awarding Bid re: Paving Energy Task Force Village Mediation Annual Report Village Treasurer Employment Agreement Ordinance Amending 1042 FUTURE AGENDA ITEMS Green Pricing (5/21) EXECUTIVE SESSION There were no items under Executive Session ADJOURNMENT Having no further business, Rickenbach MOVED and Hempfling SECONDED a MOTION to ADJOURN. The MOTION PASSED at 11:02 p.m. |
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