Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS August 6, 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 7:02 p.m.
ROLL CALL
Karen Wintrow, Bruce Rickenbach, Judith Hempfling, Kathryn Chase and Kathryn Van der Heiden were present. The Village Manager Eric Swansen and Assistant Planner Ed Amrhein were also present.
ANNOUNCEMENTS
Swansen announced that the Heat Advisory would stay into effect until Thursday. He advised that residents should drink plenty of fluids and to take time to check on the neighbors.
REVIEW OF THE MINUTES.
Review of the minutes from July 16, 2007. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED.
REVIEW OF AGENDA
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
Greene County Republican Party re: Cookout and Auction
County EMA re: Presentation on Debris Management
County EMA re: Emergency Operations Center Tour
Keep Antioch College Open Petition
David Wishart re: Preliminary Results of AACW's Blues & Jazz Festival-Wintrow thanked Wishart for making the report available to Council. Chase expressed concern for the cost to the Village for providing police and fire protection during such events. Police Chief John Grote explained that the cost was approximately $3500 for the police.
Mayor's Monthly Statement
Village Cash Position Statement
Time Warner re: Channel 13 changes to Channel 5 (Wintrow Announced)
YS Chamber Newsletter
Ellen Hoover re: Application to the EDRL Committee (New Business)
Dayton Daily News Article re: Riverside Tax
Nancy Crow re: Antioch Alumni/Antioch Trustees Meeting (Old Business)
Antioch Revival Resolution
PUBLIC HEARINGS/LEGISLATION
Resolution #2007-21 Amending the Village Solicitor Employment Agreement. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the only change was the blended rate was increased to $150.00 per hour. Wintrow acknowledged the impeccable service that John Chambers has provided. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-22 Amending the Village Manager's Employment Agreement. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Wintrow explained that Swansen would receive an increase in pay to $1925.60, which covers the annual premium for his disability insurance. The agreement also includes a due process clause regarding termination of employment. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-23 Amending the Council Clerk's Employment Agreement. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. The amended agreement included a due process clause regarding termination of employment. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-24 Amending the Interim Village Treasurer's Employment
Agreement. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The amended agreement included a due process clause regarding termination of employment. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-25 Walnut Street Project Bid Approval-Demmy Construction. Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. The bid would be awarded to Demmy Construction from Springfield , Ohio . The amount of the contract would be $317,165.50 to construct Walnut street improvements. Swansen explained that this project had a rebid due to "no confidence" in the previously named firm. He added that Demmy Construction has done work in Greene County with positive results. Swansen further added that this project was one of many projects to improve fire protection. The roll was called. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
Audience member Pat Murphy expressed regarding the process used by Planning Commission in its continuing review of the Comprehensive Plan. He explained that the 132-page Plan was not very useful. He asked that more information regarding growth and housing be included. He also was concerned that there was not adequate time in the Commission meetings for public participation. He further suggested that the Five-Year Financial Plan was a helpful document to include in the Plan.
Rickenbach explained that the Commission was updating the Plan but not doing a complete overhaul. He added that he would like Council to give direction to the Commission on how to proceed.
Hempfling suggested and Council agreed to invite Planning Commission to their next meeting to discuss the updating of the Comprehensive Plan.
SPECIAL REPORTS
There were no special reports.
OLD BUSINESS
Discussion re: Upcoming Antioch University Meeting. Wintrow had explained that she had accepted an invitation from the Antioch University Trustees to attend their August meeting as a representative of Village Council. She asked Council members for input into questions and/or concerns they may have that she could take to the meeting.
Swansen encouraged the Trustees to create a master plan of how they could approach the future reopening of Antioch College . Swansen offered an example of the Carnegie Mellon Campus Plan that was approved by the Pittsburgh City Council. This plan was the framework for the Carnegie Mellon University 's campus growth while enhancing the overall quality and character of the campus. Swansen added that staff was continuing to evaluate the impact of the 2008 closing.
Van der Heiden expressed concerns regarding the issues related to land-use, the liability for the empty buildings, and preservation of the Glen Helen. She added that the Board of Trustees would be making decisions regarding the community not just the college.
Hempfling stated that she had concerns at the way the meeting was being structured. A section of the meeting is for invitees only and not the media or the general public. She added that she would prefer two council members instead of one. The Village Manager was also invited to attend. Hempfling expressed concern regarding the transparency of the process and the confidentiality that might be requested of the invited guests during the closed session. Hempfling would also like to see the closing of Antioch College back on the meeting's agenda. She does not support closing the College.
Rickenbach stated that it would be inappropriate for Council to take any position on the closing or the Trustees 2012 Plan for reopening the College. He explained that it would be premature for Council to state position and that Wintrow's attendance at the meeting would provide Council with valuable information and a seat at the table for future meetings.
Chase stated that she did not believe it was appropriate for Council to involve themselves in the inter-workings of the College. Chase also explained that it was a meeting held by the Trustees and it was their process.
Van der Heiden added that it was important for Council to know the future plans and have a seat at the table of future meetings.
Audience member Don Wallace, Antioch College Class of 1960, reviewed the highlights of a memo sent by Nancy Crow, President of the Antioch College Alumni Association. In her memo, Crow asked that Council not take sides on the issues before the Trustees. The Alumni Association is seeking to keep the College open.
Wintrow agreed that the process should be transparent and she would take the issue to the meeting.
Ann Bolen a faculty member of the College stated that she supported keeping the college open. She further explained that her concerns were that there had been limited communications between the Trustees and the faculty; there was "an invitees only" section in the meeting and that there were still many unanswered questions regarding the decision to close. There were additional comments from various audience members supporting Bolen's perspective.
Hempfling MOVED that Council support a transparent process and that the Council representative not be bound by confidentiality. There was no SECOND.
Council members agreed to seek a legal opinion from the Village Solicitor regarding the confidentiality issue and what should guide Wintrow in her participation at the meeting.
Birch III Section 2Construction/Record Plan-Ordinance 2007-14-Update. Swansen explained that there would be no cost implications for the Village. A $500,000 performance bond would protect the Village and the developer would pay for construction inspections fees incurred by the Village. He further explained that staff is recommending that Council un-table the ordinance and take a vote to approve the first reading and then schedule a public hearing. Rickenbach MOVED and Van der Heiden SECONDED a MOTION to UNTABLE the Ordinance. The MOTION PASSED. The vote was called for APPROVING the first reading. The MOTION PASSED UNANIMOUSLY. Council scheduled the public hearing for August 20 th .
NEW BUSINESS
Economic Development Revolving Loan Fund Report. Interim Village Treasurer Deborah Benning reviewed the quarterly report. She explained that the Village needed a new agreement with Euphorbia that would be based on the ruling of the court. The court ruled in favor of the Village. She also stated that there had been a decrease in the dollar amounts being received from the Gypsy Café. She would request that the attorney check into why. There is currently $25,670.64 available for loans. Benning asked that Council appoint persons to the Economic Development Revolving Loan Committee because the Village had received an application for funds.
Ellen Hoover-EDRL Fund Application for membership. Wintrow recused herself during this discussion. Rickenbach chaired this discussion. Van der Heiden MOVED and Hempfling SECONDED a MOTION to APPOINT Ellen Hoover to the EDRL Fund Committee. The MOTION PASSED.
Investment Summary. Wintrow rejoined the meeting. Interim Village Treasurer Benning reviewed the 2 nd Quarter Investment Summary. She pointed out that although the market has had some fluctuations, the Village had seen growth in its investments.
MANAGER'S REPORT
Swansen gave recognition to Michael Durant and Kai Qualben, two Antioch students that have been working in the Planning office. Most recently, they assisted Swansen and Amrhein in compiling vital information needed for the completion of the Issue 2 grant application for the Wastewater Treatment Plant upgrades.
Swansen also reported that there had been a complaint about low voltage in the south part of the Village from a villager with a large quantity of computer equipment. Swansen is looking into the problem.
AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, August 20, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.
2 nd Reading and PH of Ordinance Birch III Section 2 Construction/Record Plan
Resolution re: Glen Helen Outdoor Education Ctr.-Extending Sewer
Wastewater Treatment Plant Update
Council Pay Increase
Library Lease
Planning Commission-Comprehensive Plan Update
FUTURE AGENDA ITEMS
Budget Meetings Schedule-October
ERLF Application-Don Beard
CEMEX Letter
Library Commission/ Lease
Caboose Update
YS Tree Committee re: Proposed Tree Survey
Personnel Policy Manual-Amending Removal of Office/Council Employees
Annexation
Ordinance re: Control of Demolitions
Guidelines for Utility Resolution Dispute Commission
Fairfield Pike/Polecat Rd Citizen's Petition Update
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Parks & Recreation Master Plan
EXECUTIVE SESSION
There was no Executive Session
ADJOURNMENT
Having no further business, Rickenbach MOVED and Hempfling SECONDED a MOTION to ADJOURN. The MOTION PASSED at 9:35 p.m.
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