Council
of the Village of Yellow Springs
IN COUNCIL CHAMBERS July 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
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, as was the Village Manager Eric Swansen, Assistant Planner Ed Amrhein and Finance Director Sharon Potter.
ANNOUNCEMENTS
There were no announcements.
REVIEW OF THE MINUTES
Review of the minutes from June 18, 2007 regular meeting . Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED.
REVIEW OF AGENDA
Wintrow suggested and Council agreed to move up the Special Reports item to immediately following Petitions/Communications.
Hempfling asked and Council agreed that a request from the Human Relations Commission be placed under New Business.
PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter(s)
Dayton International Peace Museum
YS Chamber of Commerce Newsletter
Time Warner Cable re: ESPN Desportes
Legal Notice Request for Proposals-Owner's Representative/Project Mgr.
Antioch Writers' Workshop
Greene County Emergency Management re: EOC Class
Community Action Partnership re: School Clothes & School Supplies
YSKP Summer Festival
Pat Murphy re: Comprehensive Plan
Mayor's Monthly Statement
SPECIAL REPORTS
Chancellor Tullisse (Toni) A. Murdock/Antioch University. Antioch 's Board of Trustees President Art Zucker and Chancellor Tullisse (Toni) A. Murdock both spoke to Council regarding the decision to close Antioch College .
Zucker reviewed the events leading up to the decision, including the continual decrease in enrollment and funding deficiencies. Zucker added that the Board had previously authorized the redirecting 10 million dollars from the endowment to cover the costs but that this was not a viable way to fund the College. During Zucker's presentation Hempfling citing the overcrowded room, MOVED to relocate the meeting in the Bryan Center Gym. The MOTION died for lack of a second. Zucker continued his report stating that two firms had been hired to analyze the College's finances but neither firm presented many recovery options. Zucker further that the Board of Trustees had concluded that the business model was no longer sustainable.
Murdock explained that the University is striving to reopen the College at the earliest time possible. Murdock citing the interdependent relationship between Antioch and the Village stated that the University would be meeting with the community and various organizations in Yellow Springs. Murdock added that there had been discussion to hold a meeting in August. Murdock further added that the University was committed to graduating as many students from the College as possible.
Van der Heiden thanked Zucker and Murdock for their reports and then questioned who would be invited and what would be the agenda regarding the August meeting, what were, the future plans to reopen the College and how would they safeguard the Glen Helen. Van der Heiden then suggested that a permanent conservation easement be placed on the Glen.
Zucker explained that they would look at performance and use benchmarks to determine how things were improving.
Hempfling stated that she appreciated the remarks of Antioch President, Steve Lawry because he seemed in her opinion to understand the relationship between the Village and the College. She added that she was not happy the way the decision was made to close, she was concerned assistance from community members was not being welcomed and asked that they reconsider their plan to close.
Some audience members then stated they would volunteer for the proposed design team, which would develop plans for reopening the College. Other audience members wanted more specifics regarding the August meeting. Murdock explained that the design teams and the meeting had no specifics as of yet. Another audience member asked what philosophical foundation would the new college be built. Murdock explained that the "history remains" and the basic values and concepts of the College would continue. Yet another audience member asked why the new Antioch McGregor building was built on the northwest corner of the Village rather than remain at the College. Zucker explained that McGregor was a different type of school and that their student body had different needs. He added that there was inadequate space and inadequate facilities to continue their programs at that location.
Wintrow stating that the discussion had gone over the allotted time asked that the discussion be closed in order to address the other items on Council's agenda.
Hempfling made a MOTION to continue this discussion for another ten minutes and asked that her fellow council members support the MOTION. There was no SECOND. Van der Heiden stated that she was not willing to offer a SECOND because the discussion warranted more hours of discussion. Van der Heiden then explained that this was the first time Antioch had asked the Village for help and that was only after the decision to close the College had been made. She stated that the Board of Trustees and the University had a credibility problem.
Wintrow then closed the discussion and the meeting was recessed for four minutes.
PUBLIC HEARINGS/LEGISLATION
2 nd Reading and Public Hearing of Ordinance 2007-11 re: Charter Amendments. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Jerry Sutton speaking on behalf of the Charter Review Committee stated that the Committee would be willing to hold a special meeting for the public to review the recommended amendments. Chase explained that the Village Mediation Program would be willing to help. Wintrow opened the public hearing. Having no comments, the public hearing was closed.
Rickenbach suggested and Council agreed to delete the word Standard from Section 1 of the ordinance and to remove the words "at least" from Section 66, Membership of the proposed amendments. There was also a duplication of a partial sentence that needed to be removed. The roll was called. The MOTION PASSED UNANIMOUSLY. The Clerk was directed to continue the process in order to have the recommendations on the November ballot.
2 nd Reading and Public Hearing of Ordinance 2007-12 re: Capital Improvement Funds. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that establishing these funds would be a better way to track expenditures and transfers. Rickenbach suggested and Council agreed to add a new Section E to include an Electric Improvement Fund and reference this in the second "Whereas". The roll was called. The MOTION PASSED UNANIMOUSLY.
1 st Reading of Ordinance #2007-14 Birch III Section 2Construction/Record Plan. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Rickenbach explained that the bond for the project was not presented in a timely way. The mylars were not signed therefore the Construction/Record Plan was not signed. He added that Planning Commission had added six conditions to its approval. The six conditions were as follows:
Restoration of proper silt fencing
Fulfilling bike path vegetation plan
Mow unsold lots in unsold areas
Require completion of sidewalks, grating and seeding around Lots 26 and
27, Birch II
Sweep streets of entire development area
Repair wear course in Glen View Road
Swansen explained that some work had been done regarding the weeds but most of the items had not been completed. Rickenbach citing the uncompleted work, MOVED to TABLE the VOTE. Van der Heiden SECONDED. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-18 Birch III -Extension of Time Limit/Infrastructure. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the six-month extension would allow for completion of the staff's punch list. The six items from Planning Commission would have to be completed prior to approval of the ordinance but not for approval of this resolution. Swansen further explained that after the six-month period and the work has not been completed then the Village could go after the bond. Several members of the audience who were residents adjacent to or lived with the development had various complaints and questions regarding the development. Swansen explained that most of those concerns were listed on the staff's punch list or are one of the six conditions and should be addressed during the six-month extension period. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution and Public Hearing #2007-19 Approving the Tax Budget. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that these forms and the attached Tax Budget figures justifies the property tax the Village would be receiving. Wintrow opened the public hearing. Having no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.
Resolution #2007-20 re: Hydro Power Developmental Agreement. Rickenbach MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that this was one of the few resources of green power available to the Village. It would cost up to $26,272 for the Village's share of the cost of the study. The Village could then have the opportunity to participate in the development of new regional hydroelectric facilities that would be located on the Ohio River . The roll was called. The MOTION PASSED UNANIMOUSLY.
CITIZENS CONCERNS
There were no comments from the audience during this time.
OLD BUSINESS
Greenspace Funding/Protecting the Greenbelt / Tecumseh Land Trust. Krista Magaw, Executive Director of Tecumseh Land Trust gave an overview of the Jacoby Greenbelt, which included research by Doug Bailey. The overview included a brief history, goals and a progress report on protected properties. The TLT had set up various displays of maps in Meeting Rooms A and B for public review prior to tonight's Council meeting.
Hempfling suggested that monies from the Estate Tax should be considered for use by TLT. She added that she would like to see a plan in place for funding TLT in the purchasing of conservation easements.
Audience member Jocelyn Hardman suggested that there were other ways to support Tecumseh Land Trust efforts, some of which included prohibit extension of village utilities and the Trustees could develop restrictions within the Miami Township 's Comprehensive Plan.
Joan Horn suggested that a conservation easement be placed on the entire Glen Helen. Magaw explained that the TLT had applied for grant monies for a conservation easement on the Glen and that Steve Lawry and Antioch University were supporting their efforts.
Council member Chase cautioned Council by reminding them that there was already a long list of capital projects that needed to be funded.
NEW BUSINESS
Human Relations Commission Request. Hempfling requested $75.00 for HRC to assist in the Art Council Youth Program whose Teen Art Group has schedule a Skate and Art Show. Hempfling MOVED and Wintrow SECONDED a MOTION to APPROVE the request. The MOTION PASSED.
MANAGER'S REPORT
Swansen reported that he had met with John Eastman regarding the Wastewater Treatment Plant. Swansen added that the Village would apply for the next round of Issue 2 monies to help fund the updates suggested by the Ohio EPA.
Swansen also reported that the Walnut Street Project has gone out to bid and the road resurfacing scheduled throughout the Village should begin in August.
STANDING REPORTS
Kathryn Chase Village Mediation Program
Kathryn Chase Community Council
Judith Hempfling Environmental Commission
Judith Hempfling Human Relations Commission
Kathryn Van der Heiden Library Commission . Van der Heiden MOVED and Wintrow SECONDED a MOTION to APPOINT Amy Otto to the Library Commission. The MOTION PASSED. The next Library Commission meeting is scheduled for August 13 th .
Kathryn Chase Cable Advisory Panel (on file)
Karen Wintrow Chamber of Commerce (On file)
Kathryn Van der Heiden 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, August 6, 2007 in Council Chambers, John Bryan Community Center , 100 Dayton Street .
Items for discussion on Monday, August 6, 2007:
Discussion: 2 nd Reading and PH re: Birch III, Section 2
Construction/Record Plan
Resolution Amending the Village Solicitor Employment Agreement
Resolution Amending the Village Manager's Employment Agreement
Resolution Amending the Council Clerk's Employment Agreement
Resolution Amending the Interim Village Treasurer's Employment
Agreement
Resolution re: Glen Helen Outdoor Edu. Ctr.-Extending Sewer
FUTURE AGENDA ITEMS
ERLF Application-Don Beard
CEMEX Letter
Library Commission/Terms, Lease, Membership
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 scheduled.
ADJOURNMENT
Having no further business, Rickenbach MOVED and Van der Heiden SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:17p.m.
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Karen Wintrow, Vice President of Council
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Deborah Benning, Clerk of Council
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