Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS April 21, 2008

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. Village Manager Eric Swansen, Police Chief John Grote and Assistant Planner Ed Amrhein were also present.

ANNOUNCEMENTS

Hempfling announced that there various college activities going on this week leading up to the Antioch graduation which will be held Saturday, April 26, 2008.

REVIEW OF THE MINUTES

Review of the minutes from April 7, 2008 regular meeting. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA

Council agreed to place all the applications for the various commissions and boards under Standing Reports. Hempfling suggested and Council agreed to move the Electric Systems Task Force Phase 1 Report to the first item under Old Business.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletter(s)

Mayor's Court Schedule

Ad Hoc Group for Visioning and Planning

John Chambers re: Stutzman Landscaping

John Chambers re: Chiller Unit/Noise-Student Union

Antioch University re: Press Release from April 10 th and 17 th

Victoria Hennessy re: Environmental Commission

OML Legislative Bulletin April 11, 2008

Greene County Environmental Services re: Public Hearing

Anita Kohler re: The FCC Senior Apts.

Michele Burns re: Environmental Commission

2008 Goals

Jason Totty re: Human Relations Commission

PUBLIC HEARINGS/LEGISLATION

Resolution 2008-14 re: Village Manager's Employment Agreement. Wintrow MOVED and Askeland SECONDED a MOTION for APPROVAL. Hempfling explained that Swansen's anniversary date was January 17, 2008 but Council had postponed the review until the new council members had been given a chance to get up to speed. Hempfling added that she was pleased to have Swansen continue as the Village Manager. The MOTION PASSED

Resolution 2008-15 re: Greene County Cooperative Paving Program. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained the savings on the unit cost by joining this program. He added that the Village would not be doing the same amount of work that was done last year. He further added that staff would like to get this done later in the year in order to give more time for the prep work and cooler weather.

In answering a question by Wintrow, Swansen explained that there would be no interference in any of the Village's scheduled events.

Helen Eier stated that the residents pay high taxes for road repair and the repairs on Walnut and on North High Streets were failing. Swansen explained that the Walnut Street project has been scheduled to be redone.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Environmental Commission - Annual Report. Chair Bob Moore presented the 2007 Annual Report. Moore reported the major accomplishments of EC which included working with Green County Environmental Coalition regarding CEMEX; reviewing and amending the Village's waste contract; promoting the Green Pricing Program; contributing to the YS School Water Project and working at the Farmers Market to gather survey information. Their goals for 2008 included continuing conservation education; supporting protecting the greenbelt; securing AMP-Ohio's green power option and community participation.

The solid waste contract will be reviewed by the Village Solicitor before going out for bids. Wintrow reported that during this past Friday Night Fling the EC was able to sign up twenty additional residents for the green pricing program.

Village Mediation - Annual Report. Coordinator Jayne Richeson gave a review of 2007 activities by the Steering Committee. She also reported that the Volunteer Program has 14 volunteers involving mediators, facilitators and committee members. Volunteers have donated an estimated 200 hours during 2007.

Dana Patterson -"Being a welcoming community to people of diverse race, culture and income". Patterson Executive Director of the Coretta Scott King Center spoke of her experiences in the Village and at the King Center . She also spoke about what it would take to get people involved and keep them involve in moving toward diversity in race, culture and income. Patterson explained that it is important to get trusted members of the community to talk to the larger community and give value their input.

Joan Chappelle explained that the Human Relations Commission has been working with other local groups to host community conversations on race. The next conversation will be held in early June with a presentation by Jewel Graham. PhD. The conversation topics will include "Elimination of Racism" and the "Empowerment of Women".

Ken Huber spoke about the importance of the Coretta Scott King Center to this community.

Marianne MacQueen extended an invitation to the community to attend a meeting on May 27 at 7 p.m. hosted by the Visioning/Planning Task Force. Their speaker will be Gina Paget. Contact MacQueen for more info.

Home Inc. Update. Marianne MacQueen, Executive Director of Home Inc. explained that Kim Novak has been working with MacQueen as a Vista volunteer. MacQueen spoke briefly about the history of Home Inc. and the work they have been doing to provide affordable housing in the Village. They are currently developing their 13 th home. They are rehabbing a rental cottage and are anticipating their first resale home. They currently have a waiting list of 30 households.

OLD BUSINESS

Electric Systems Task Force Phase 1 Report. Pat Murphy gave a historical overview of the work of the Committee. He explained that although the Village does not need a substation at this time, it will need upgrades to the switching station.

Committee member Roy Eastman suggested that the village purchase a monitoring and measuring device which would help adjust power.

Swansen also explained that the Village's agreement with DP & L ends in 2014 and would have to be renegotiated. An increase level of service would be apart of new contract if needed. He added that this could have an impact on the Western Area Service Group's contract with DP & L., which the Village is a member.

Van der Heiden MOVED and Hempfling SECONDED a MOTION to direct the Village Manager to find and purchase a suitable monitoring and measuring device. The MOTION PASSED.

Recommendation re: Student Noise. Swansen reviewed an opinion by the Village Solicitor John Chambers, which explained in part that the Village must honor the Right of free Speech and that the College cannot be cited for actions of individuals if the activity is not college sponsored. Swansen suggested that students be reminded of this when school opens in the fall.

Sidewalk Process Update. Swansen explained that the sidewalk enforcement procedures should be revised. He further explained that the Village Solicitor suggested that an ordinance be adopted that would authorize the Village Manager to set rules and regulations related to sidewalks. Van der Heiden MOVED and Wintrow SECONDED a MOTION to draft such as ordinance. The MOTION PASSED.

Green Space Fund. Hempfling explained that the $137,000 from the farm leases and cell tower lease have not been paid over the past several years. It was the opinion of the Village Solicitor that although there was no actual vote or legislation ending the funding and with the passage of each annual appropriation showing no earmarks for the fund, the Council is not obligated to put the money into the fund. Council had this earmarked $50,000 from the General Fund to the Green Space Fund. Hempfling, in support of Tecumseh Land Trust would like to put the $137,000 into the Fund.

Van der Heiden supported putting the monies into the Green Space Fund and would like to continue to put the revenue from the leases into the Green Space Fund each year.

Wintrow suggested and Council agreed to wait and make the decision after the fate of Antioch College is decided.

Joan Edwards stated that residents are sensitive to Green Space and Council should be very clear about their decision. She also supported the continuing funding of the Green Space Fund.

Calendar Time Lines. Council agreed to use the calendar to aid them in future planning.

NEW BUSINESS

Tasers. Police Chief John Grote explained that since the Village's officer related shooting, he has had time to research the use of Tasers. He stated that he had some concerns regarding Tasers and with officers in their use of Tasers. He has been reviewing ACLU cases, doing research and speaking with prosecutors. He explained that there is a "use of force continuum" which offers guidelines on what weapons should be used and when. He agreed that the use of Tasers has raised some concerns with the general public but explained that most of the problems with Tasers stem from inadequately written policies. He further explained that proper training and a well written and understood policy would assist the officers in the use of Tasers.

The money for the Tasers comes from the Furtherance of Justice Fund and not capital projects.

Van der Heiden would like the officers to have a choice of force. Booth stated that he supports a well written policy. Wintrow explained that she understood the need to have this discussion but was concerned about how far council should go in its discussions regarding police procedures.

Audience member Joan Chappelle added that it is a matter of community trust and it is important to continue to build and keep this trust. She added that the Human Relations Commission looked into Tasers and that there were ways to see the history on a Taser through a computer.

Hempfling stated that even though this is a police department policy matter it is a sensitive issue with community members. She added that Council has the right to question the use of Tasers in the Village. She also would like to see the policy.

Wintrow MOVED and Van der Heiden SECONDED a MOTION to have Chief Grote continue to secure the training and draft a written policy regarding Tasers. The MOTION PASSED 4-1, with a no vote from Hempfling.

Barr Property/FCC Senior Apts. Council will hold its first reading on May 5 th , hold a second reading and public hearing June 2 nd .

Conference Call w/Antioch Trustees. Hempfling and Wintrow asked if the Antioch University Trustees were willing to meet with Council via a conference call. They agreed. Hempfling would query the Trustees for a call at 8 p.m. on either April 26 th or May 8 th .

Interviews for Commissions. Askeland would set up the times and interviews of the two applicants for the Environmental Commission. Booth would do the same for the two applicants for the Human Relations Commission.

MANAGER'S REPORT

Swansen explained that work would be done on the pool before and after this swim season. He also reported that he had been working with ODOT regarding the guidelines for the Safe Routes to School grant requirements. The MVRPC has listed improvements on YS-Fairfield Rd. The Village may want to consider a joint project agreement with the County to improve drainage, sidewalks, lighting etc.

STANDING REPORTS

Lori Askeland Environmental Commission (on file). Great weekend for Earth Day. Worked at the Friday Night Fling to sign up residents for Green Pricing Program.

Lori Askeland Planning/Bike Com/N Gateway (on file). Working at the last meeting on the Barr Property proposal.

John Booth Village Mediation Program

John Booth Human Relations Commission. HRC has been

working on continuation of the Coretta Scott King Center , the issue of gender identification and Tasers.

No Rep. Community Council Wintrow will be attending their annual meeting.

Judith Hempfling Cable Advisory Panel (on file)

Kathryn Van der Heiden Library Commission (on file) The new bench needs

to be assemble.

Kathryn Van der Heiden Reg. Planning Commission-Greene County. Their

Executive Director is willing to look at our Comp Plan and give comments.

Karen Wintrow Chamber of Commerce (on file). Will send the street closing request for the June 14 th Street Fair.

Karen Wintrow Miami Valley Regional Planning (on file). MVRPC is interested in reviewing the Village's Comp Plan

Wintrow & Hempfling Electric System Task Force (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, May 5, 2008 in Council Chambers, John Bryan Community Center , 100 Dayton Street .

Items for discussion on Monday, May 5, 2008:

Council Notes

Liquor License Renewals

Council & Planning Commission Meeting Minutes of March 31 st

Economic Development Revolving Loan Fund

Treasurer's Quarterly Report

Planning and Zoning Quarterly Report

1 st Reading of Ordinance re: Sidewalks

1 st Reading of Ordinance re: Video Service Agreement

Planner

Visioning Process

FUTURE AGENDA ITEMS

Verizon Presentation-Cell Tower

Green Space-Legislation (June)

Electric (capacity, Contracts, Capital Projects, Equipment)

Planning Commission Requests from Annual Report

Resolution re: Visioning Task Force

Comprehensive Plan (May 19 th )

Records Commission - website (June)

Appointment-Board of Zoning Appeals

Appointment-Environmental Commission

Appointment-Human Relations Commission

Blue Ribbon Finance

Library Lease (July)

Tree Committee

1 st Reading of Ordinance re: Cable

Economic Development - Task Force

Solid Waste Contract

Amended Public Records Policy

Personnel Policy Manual Update

Annexation

Guidelines for Utility Resolution Dispute Commission

Fairfield Pike/Polecat Rd. Citizen's Petition Update

Marking State Route 68 Bikeway

Conservation Easement-Well Fields

Parks and Recreation Master Plan

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Having no further business, Wintrow MOVED and Booth SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:30 p.m.