Council of the Village of Yellow Springs

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, as was the Village Manager Eric Swansen. Shannon Martin from the Village solicitor's office was present. The Village Planner Phil Hawkey and the Village Code Enforcement Officer Ed Amrhein were also present

ANNOUNCEMENTS

On behalf of Council, Rickenbach offered words of sympathy and support to the family of Phil Hawkey the Village Planner whose father had passed away recently. This was followed by a moment of silence.

The Clerk of Council, Benning thanked Eric Swansen and Karen Wintrow for their support during her absence. She offered "special" thanks to Ed Amrhein and Phil Hawkey.

REVIEW OF THE MINUTES

Review of the minutes from February 20, 2007. Rickenbach MOVED and Hempfling SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED 4-0 with an abstention from Van der Heiden.

REVIEW OF AGENDA

Hempfling requested that the Environmental Commission make a presentation on "Green Pricing". Council agreed to have the presentation at their March 19 th meeting. Council agreed to discuss their upcoming retreat under Old Business.

PETITIONS/COMMUNICATIONS
                 The Clerk will receive and file:
AMP-Ohio Newsletter(s)

OML: Legislative Committees Reports for 2/26/07 & 3/5/07

OML Legislative Luncheon Invite

Mayor's Monthly Report

Letter from Pat Murphy re: YS Power

Memo from Rickenbach re: Cabooses

Letter from Suzanne Clauser re: Glass Farm

Letter from Matt Housh re: "Let the Annexation Policy Guide Us"

Antioch Theater Department re: Will Davis/Solo Performance

Virginia Hamilton Youth Art Program

YS Chamber Newsletter

PUBLIC HEARINGS/LEGISLATION

1 st Reading of Ordinance #2007-02 Fogg Annexation Request. Rickenbach MOVED and Chase SECONDED a MOTION for APPROVAL. Swansen reported that he would meet with Doug Miller of the Fogg Property on Tuesday to discuss the pre-annexation agreement.

Hempfling explained made a statement that included items she consider important regarding annexation and land use in the Village as a whole. Those included: economic development, some residential growth, a wish to strengthen the public schools, strengthening of racial diversity, preserving Jacoby Greenbelt, conservation energy, maintaining village status, containing the village borders, and the acreage within the village that could be developed.

Swansen reviewed the points that would be included in his discussion with Miller regarding the pre-annexation agreement, which included but was not limited to: affordable housing, high efficiency appliances, energy efficient homes, open space, playground, bike and pedestrian path, and gravity sewer service.

Council heard comments from audience members who spoke for and against the annexation and the pre-annexation agreement.

During this part of the discussion, Council members Rickenbach, Wintrow, Chase and Van der Heiden spoke in support of moving the process forward and the pre-annexation agreement but did not state whether they would vote for or against the annexation. Hempfling stated that she would be inclined to vote no. The roll was called. The MOTION PASSED 4-1, with a no vote from Hempfling. The public hearing was scheduled for April 2, 2007.

1 st Reading of Ordinance #2007-03 Deferred Comp Plan/State of Ohio . Rickenbach MOVED and Hempfling SECONDED a MOTION for APPROVAL. Swansen explained that since the Village offers deferred compensation programs to its employees the Village would be required to offer the State's program as well. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2007-03 Grant Opportunity for Northern Gateway Project. Ed Amrhein explained that the one of the directives from Council was for the committee to seek additional funding. Amrhein further explained that if the Village were awarded this grant it would decrease the Village's financial obligation to just under $30,000.

Chase explained that the Village is struggling with its infrastructure and with anticipated and unanticipated projects and does not believe that the placement of parking for this project is reasonable or appropriate. The roll was called. The MOTION PASSED 4-1, with a no vote from Chase.

CITIZENS CONCERNS (Clerk will collect Sign-Up Sheets).

Mary White asked if Dayton Street needs widening due to additional development who would pay that cost? Swansen explained that it would be a shared cost and that the Village does not own the road. Rickenbach added that any expansion would be decided by the county and negotiated with the developer.

Pat Murphy suggested that it would the helpful if Council could put forth a clear and simplistic explanation regarding subjects like the Fogg Annexation and the substation.

Mary White inquired about the incident concerning a police officer discharging his weapon and killing a dog. Wintrow explained that there is an ongoing investigation so it would be inappropriate to discuss this at this time.

Hempfling stated that the Human Relations Commission is supporting a program in which our police officers are going to the high school and speaking with students. She suggested that Police Chief John Grote could come and speak at Council meetings when necessary.

Wintrow reminded council that in this case there are some privacy issues because one of the persons present was a minor.

SPECIAL REPORTS

There were no special reports.

OLD BUSINESS

Sidewalk Obstructions/Repair. Swansen reviewed his report regarding the sidewalks. He explained that at one time there was a sidewalk repair program in the Village during the late 80's that ended around 1994. The program included sending letters to property owners, having the sidewalk repaired by staff or private contractor, billing the property owner if the Village had to make the repair. Swansen was in support of a village-wide program.

Hempfling stated that she would like to know the cost of such a program, how to prioritize the sidewalks that need repair and taking time to have a community discussion. Van der Heiden suggested that the sidewalk repairs could happen when the street was being repaired.

Audience member Pat Olds who uses a wheelchair expressed concern on the method of dumping snow and ice in the curb cuts, which prevents wheelchair access. Ted Campbell explained that it is the property owner's responsibility to clear the sidewalk and to trim the hedges and tree limbs.

Swansen would continue to work on this issue and report back to Council. (See report for details).

Council Retreat. Council directed Swansen to execute a contract to hold the meeting in the Senior Center at Lawson Place . The facilitator Bruce Heckman is drafting the agenda and how to frame the discussions. Hempfling suggested adding a document she had read regarding policy making.

NEW BUSINESS

Planning Commission/Facilities Planning Area Expansion-Jacoby Creek. The Planning Department sent a "heads-up" memo to Council explaining that Council would be receiving an updated version of the Village's Facilities Planning Area.

MANAGER'S REPORT

Swansen explained that the Bryan Center front entrance was being blocked off because the entrance was losing mortar front the top of the archway and it was falling on the steps and sidewalk. He added that there would be some masonry work need to make the repairs and that he did not have a cost estimate at this time.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, March 19, 2007 Council Chambers, John Bryan Community Center, 100 Dayton Street.

Pre-annexation Agreement

AMP-Ohio Green Pricing

Business First/Business Retention

2 nd Reading & PH Deferred Compensation

Economic Development

Annual Report/Library Commission & EC

Energy Update - Conservation

Resolution re: Facilities Planning Area Expansion-Jacoby Creek

FUTURE AGENDA ITEMS

Farm Leases

2 nd Reading & PH-Fogg Annexation (4/2)

Annual Commission, Committee Reports/Planning and Bike Committee (4/2)

Unified Building Code (4/2)

Cabooses-Rickenbach Memo (4/2)

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

Rickenbach MOVED and Chase SECONDED a MOTION to go into an Execute Session to discuss Personnel-Employment/Village Manager Employment Agreement this is in accordance with Ohio Revised Code #121.22 (G)(1). The MOTION PASSED UNANIMOUSLY at 11:04 p.m.

Rickenbach MOVED and Van der Heiden SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

Having no further business, Rickenbach MOVED and Hempfling SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY.