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Council of the Village of Yellow SpringsIN COUNCIL CHAMBERS December 17, 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 Council President Judith Hempfling called the meeting to order at 7:02 p.m. ROLL CALL Judith Hempfling, Karen Wintrow, Kathryn Van der Heiden, John Booth and Lori Askeland were present as was the Village Manager Eric Swansen, the Police Chief John Grote and the Village Solicitor John Chambers. ANNOUNCEMENTS Council members thanked former Councilwoman Kathryn Chase for the holiday cakes. REVIEW OF THE MINUTES Review of the minutes from December 3, 2007 regular meeting. Wintrow MOVED and Van der Heiden SECONDED a MOTION to ACCEPT the minutes as amended. The MOTION PASSED. REVIEW OF AGENDA The discussion regarding the Cabooses was moved to Agenda Planning. PETITIONS/COMMUNICATIONS The Clerk will receive and file: AMP-Ohio Newsletter(s) Preliminary Goals List for 2008 Antioch Alumni Board-Approving Resolution-Transfer of Ownership Patti Dallas re: Promotional Video Proposal (Scheduled for 1/7/08) Cleveland OH Citizen re: AMP-Ohio Coal Plant OML Legislation Bulletin 12/10; Legislative Schedule & Judiciary Committee Smart Growth Educational Task Force re: Joint Meeting Beth Holyoke re: Ceramic Tile Bench-Library Reginald Stratton re: ESTF/Joint Meeting Library Commission Excerpt re: Capital Items John Struewing-Planning Commission re: Items-Comp Plan Ohio EPA re: 401Application Mayor's Monthly Statement Announcement-Greene County Library Holiday Schedule William Firestone re: Demonstrators The Little Miami Scenic River Brochure
PUBLIC HEARINGS/LEGISLATION 1 st Reading & Public Hearing-Ordinance #2007-23 ; 2008 Temporary Budget, as an Emergency. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that in lieu of the approved Annual Appropriations, this legislation would indicate what expenses and expenditures would be made during the first part of 2008. The Clerk asked for an amendment to the legislation to add the necessary emergency language to the ordinance. Wintrow MOVED and Booth SECONDED approval of the amendment. The MOTION PASSED. Hempfling opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. 1 st Reading & Public Hearing-Ordinance #2007-24; Supplemental Appropriations, as an Emergency. Wintrow MOVED and Askeland SECONDED a MOTION for APPROVAL. Swansen explained that this ordinance showed the last adjustments to the 2007 Annual Appropriations. Askeland asked why the large adjustment to the Electric Fund? Swansen explained that the amount included salaries of temporary employees, additional overtime expenditures and the Early Retirement Incentives billed to that fund. Hempfling opened the public hearing. Having no comments the public hearing was closed. The Clerk asked for a friendly amendment to correct the Section numbers on page 2 of the ordinance. Wintrow and Askeland agreed. The roll was called on the original motion. The MOTION PASSED UNANIMOUSLY. 1 st Reading & Public Hearing-Ordinance #2007-25; Fund Transfers, as an Emergency. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the transfer was to the Bond Retirement Fund in order to keep the fund in the black. Hempfling opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY. Resolution #2007-39 Day-to-Day Expenditures. Wintrow MOVED and Booth SECONDED a MOTION for APPROVAL. Swansen explained that this legislation allows for the continuing of the day-to-day expenditures until the 2008 Annual Appropriations is passed. The roll was called. The MOTION PASSED UNANIMOUSLY. Resolution #2007-40 Legislative Issues. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this resolution would authorize the Village Manager to represent the Village's concerns on legislative matters at the State level. The roll was called. The MOTION PASSED UNANIMOUSLY. CITIZENS CONCERNS Bill Firestone spoke to Council regarding his previous concerns with a group from Preble County demonstrating across the street from where his group held its peace demonstrations. Police Chief explained that the group had filed and received the appropriate permit. He stated that Council should consider the spirit of the law versus the letter of the law. He explained that in the spirit of the law he would continue to monitor the actions of both groups. Firestone stated that both groups would be meeting to talk about each group's concerns. Grote further explained that Council could amend the legislation, but cautioned that amending the legislation and enforcing the letter of the law would have negative effects on the New Years Eve celebration on Xenia Avenue and Short Street, the 4 th of July parade and other events in the Village. He added that the Police Department did enforce the legislation during the demonstration and parade by the Klu Klux Klan. Askeland suggested that if the ordinance was not being enforced then perhaps Council should revisit the legislation. Hempfling explained that she was concerned with the safety of the participants and hoped that the Police would be notified if that becomes an issue. Firestone thanked Council, the Village Solicitor and Police Chief Grote for their assistance in this matter.
SPECIAL REPORTS Accessibility Committee Report. Pat Olds a member of the Accessibility Committee reported that they had established three goals, which included (1) improvements to the sidewalks; (2) accessibility to public buildings and businesses; and (3) educating the public regarding accessibility issues. Olds explained that the Committee had been making visits to some of the businesses in the Central Business District to see how they are complying with the ADA standards. Olds suggested that Council familiarized themselves with the "Best Practices Tool Kit" provided by the ADA . She then expressed concerns with the automatic door at the YS Credit Union and the doors at the Village Train Station. Swansen explained that the outside door of the Village Train Station is in compliance but that the restroom doors do stick and would be repaired. Swansen further explained that the Village will continue to make reasonable accommodations to provide access to its public buildings. Ellen Hoover asked who was on the committee; how were the businesses chosen; and how extensive was the visits? Olds stated that in addition to herself, the committee membership consisted of Mal Gillespie, Mark Crockett, Terry Polk, John McGee and Ray Olds. Jean Payne added that the ramp to the front door has been a visual issue. Council thanked the Committee for the information they had provided. Village Solicitor-Open Meetings/Sunshine Laws . Village Solicitor John Chambers gave a presentation on the Open Meetings/Sunshine Laws for the State of Ohio . Chambers reviewed the guidelines related to general, special and emergency meetings and public notices for each. He also reviewed "what constitutes a meeting". Chambers supported Council erring on the side of caution and to always give him a call if they had further questions.
OLD BUSINESS Caboose Update . Moved to Agenda Planning January 15 th Meeting Update - Energy. Hempfling reported that AMP-Ohio would not be able to attend. Council had also received an email from the Electric Systems Task Force explained that they were not prepared to participate in the forum at this time. Van der Heiden MOVED and Wintrow SECONDED a MOTION to open a special education meeting with NRDC on January 15, 2008 and have the Smart Growth Group facilitate. The MOTION PASSED.
NEW BUSINESS Budget Graphs. Swansen gave a PowerPoint presentation that reviewed various funding topics. These topics included the fund types, fund details, the most common village funds, resources of these funds and requirements on how they might be used. Swansen explained that funds such as the Library Fund are paid from the General Fund. Wintrow expressed concerned that the Council would need to track the end date of the levy in order to prepare for the next steps after the levy expired. Paul Abendroth asked if Council would continue the 50/50 split of the levy money between infrastructure and social programs. Swansen cautioned that funding decisions may change the percentages. Helen Eier asked when would the citizens have a chance to make suggestions. Hempfling suggested that the goal session scheduled for January would be a first step. Council agreed to hold up to three budget sessions beginning in early February. MANAGER'S REPORT Swansen reported that Morris Bean request to be connected to the Village sewer system would have to be a Village project. STANDING REPORTS Lori Askeland Environmental Commission (on file). Askeland reported that EC was continuing their goal setting for 2008, reviewing the noise ordinance and nominating officers. Lori Askeland Planning/Bike Comm./N Gateway (on file). Askeland reported that PC was finalizing their Comp Plan to bring forth to Council. John Booth Village Mediation Program (on file). John Booth Human Relations Commission (on file). Booth reported that HRC was continuing its work on accessibility and reviewing issues dealing with adults and youth. No Rep. Community Council Judith Hempfling Cable Advisory Panel (on file). Paul Abendroth reported that CAP was reviewing its 2008 goals and preparing its annual report to Council. Kathryn Van der Heiden Library Commission (on file). Van der Heiden reported that the LC had been discussing the proposed Library Bench and the building's HVAC system. Kathryn Van der Heiden Reg. Planning Commission-Greene Cty. No meeting. Karen Wintrow Chamber of Commerce (on file) Wintrow reported on the new "Playing in the Springs" program being held on the first and third Fridays of each month. The Chamber would be holding its annual meeting in January and is also working on its 2008 goals. Karen Wintrow Miami Valley Regional Planning (on file). Wintrow explained the role of the MVRPC and the Village's membership to the organization. AGENDA PLANNING The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, January 7, 2008 in Council Chambers, John Bryan Community Center , 100 Dayton Street . Items for discussion on Monday, January7, 2008: Goals for 2008 Council Calendar for 2008 Library Bench-Beth Holyoke Caboose Update FUTURE AGENDA ITEMS Annual Reports-Commissions, Committees and Boards (Jan/Feb '08) Presentations -ESTF/AMP-Ohio/NRDC (Jan 15) 1 st Reading of Ordinance re: 2008 Annual Appropriations (March) 2 nd Reading of Ordinance #2007-18 AMPGS Base Load (Jan 22) Planning Commission Annual Report (Jan 22) Economic Development-Task Force Electric Systems Task Force-Phase 2 Solid Waste Contract YSA Economic Development Request Amending Public Records Policy 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 Presentation-YS Promotional Video/Dallas & Caputo-Council agreed to request copies of the DVD for their review and to add this to their economic development discussion. EXECUTIVE SESSION Wintrow MOVED and Askeland SECONDED a MOTION to go into an Executive Session to discuss Personnel-Employment in accordance with Ohio Revised Code 121.22 (G)(1). The Village Solicitor John Chambers would also be in attendance. The MOTION PASSED UNANIMOUSLY at 10:05 p.m. Wintrow MOVED and Van der Heiden SECONDED a MOTION to return to the General Session. The MOTION PASSED.
ADJOURNMENT Having no further business, Van der Heiden MOVED and Wintrow SECONDED a MOTION to ADJOURN. The MOTION PASSED at 11:30 a.m.
___________________________________ Judith Hempfling, President of Council
__________________________________ Deborah Benning, Clerk of Council |
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