Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS April 7, 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 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
Council President 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, Village Solicitor John Chambers, Police Chief John Grote, Assistant Planner Ed Amrhein and Finance Director Sharon Potter were also present.

ANNOUNCEMENTS

Spring Hydrant Flush has been scheduled for April 21 st through the 25 th .

Spring Clean UP is May 5 th through the 10 th .

The Community Garage Sale will be held on Saturday May 18 th . If anyone has items that they would like to sell but do not want or are unable to participate, please contact the Glen Helen Ecology Institute who could sell the items.

The Human Relations Commission has begun its series on "Community Conversations". Last Saturday's topic was on Race. Notices will be published in the YS News on upcoming conversations and events.

REVIEW OF THE MINUTES.

Review of the minutes from:

February 19, 2008- Wintrow MOVED and Booth SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED, with Van der Heiden abstaining.

March 15, 2008- Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL as submitted. The MOTION PASSED.

March 17, 2008- Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL as submitted. The MOTION PASSED.

REVIEW OF AGENDA

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

OML re: Legislative Bulletin-March 31, 2008- Van der Heiden MOVED and Booth SECONDED a MOTION to direct the Village Manager to write a letter expressing opposition to HB159.

OML re: New Jobs Ohio Compromise - Swansen would see if this could be used regarding the Village's Central Business District and/or storm water.

OML re: FAQ/State Bond Issue

OML re: Regional Bond Proposal Meetings

OML re: Federal Legislative Alert- Van der Heiden MOVED and Booth SECONDED a MOTION that directs the Village Manager to write a letter expressing the Village's opposition to HB3359. The MOTION PASSED.

Mayor's Monthly Statement

Home Inc. re: Presentation- Future Agenda Items

Antioch College re: Notice of Termination and Campus Closing- Citizen's

Concern

YS Chamber News Update

Greene County Public Library Board to Meet April 9th

Anita Brown re: Noise Issue/Antioch -Old Business

Antioch Dance Improv Troupe-YS Library

Book Discussion-YS Library

Notice of Dismissal-Common Pleas Court

Bill Bebko re: Noise Issue/Antioch- Old Business

The B-W Greenway Community Land Trust re: 17 th Community Chautauqua

Environmental Commission re: Noise Ordinance -Old Business

PUBLIC HEARINGS/LEGISLATION

Resolution #2008-10 re: Little Miami River Inc. Partnership. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Swansen explained that the Village along with other municipalities, adjacent to the Little Miami River are responsible for the water quality of the effluent from their Wastewater Treatment Plants. The Partnership is seeking to use a watershed-based approach to improving the water quality on the river. The cost to the Village for the planning phase of this work will be $1300. The MOTION PASSED by voice vote.

Resolution #2008-11 re: LJB Inc. Engineering as the Village's Design Consultant on the Wastewater Treatment Plant Compliance Upgrade. Wintrow MOVED and Askeland SECONDED a MOTION for APPROVAL. Swansen explained that this is for the design work for the WWTP. Swansen had selected LJB, who had also done the pre-design work. The surveyors will be out tomorrow. There will be bond financing for this project. Swansen also explained that due to a conflict of interest the Village will be using Altick and Corwin LPA for the legal work.

John Eastman from LJB Inc. made a few friendly amendments to the resolution which included adding the word "Inc." to their name and stating that their location is in "Kettering" and not Beavercreek. The MOTION PASSED by voice vote.

Resolution #2008-12 re: LJB Engineering as the Village's Design Consultant on the Morris Bean Sewer Extension Wintrow MOVED and Booth SECONDED a MOTION for APPROVAL. Swansen explained that Morris Bean was initially thought to be granted the funds for this project however the funds must be awarded to the municipality. The Morris Bean Package Plant is in the Village's wellhead area. Eastman made additional friendly amendments which included adding the "Inc." to their name, that their location is in "Kettering", and this is a "sewer connection extension". The MOTION PASSED by voice vote.

Resolution #2008-13 re: 2008 Council Goals. Wintrow MOVED and Van der Heiden SECONDED a MOTION for APPROVAL. Sue Abendroth expressed her concerns with Goal #5 which address global warming. She stated that there were no measurements or targets for evaluation of success.

Joan Edwards asked that the phrase "of diverse race, culture and income" be deleted from Goal #4. Van der Heiden explained that the measurement for success in Goal #5 would be determined later.

Askeland explained that the Village is losing its diversity around race and income according to the CIP report. Booth stated that he supported the existing wording in Goal #4. Hempfling also stated that she supported the wording in Goal #4.

Van der Heiden MOVED and Wintrow SECONDED a MOTION for APPROVAL to change the word "will" in Goals #5 to " seeks to". The MOTION PASSED with four yes votes and one no vote from Hempfling.

Van der Heiden MOVED and Booth SECONDED a MOTION for APPROVAL to add the phrase "for diverse people with particular attention in this year to culture and income" to Goals #5. The MOTION FAILED with one yes vote from Van der Heiden and four no votes.

The vote was called on the amendment resolution. The MOTION PASSED.

CITIZENS CONCERNS

Antioch in Exile representative Jeanne Kay spoke about their plans to continue Antioch College off campus next school year. The group is moving forward by gathering information for existing students through letters of support, an "adopt an Antioch student" program, and class room alternatives. Council was asked to write a letter of support for the group. Ken Huber read a statement and Migiwa Orimo read a petition with over a thousand names in support of Antioch College. Huber and Orimo support a face-to-face meeting with the Antioch University Board of Trustees and the ACCC.

Askeland MOVED and Booth SECONDED a MOTION that Council write a letter in which they urge Antioch University Board of Trustees to meet with Antioch College Continuation Corporation as soon as possible. Sue Abendroth expressed concern with the proper role of government in a dispute in private negotiations. Hempfling stated that it was acting in the best interest of the community. The MOTION PASSED UNANIMOUSLY by voice vote.

Askeland MOVED and Booth SECONDED a MOTION that Council write a letter expressing encouragement of the efforts to keep Antioch College alive as a viable College in this town and welcome students to come back as Jeanne Kay has committed to come back next year, to keep Antioch going as an excellent institution of undergraduate education. Van der Heiden felt that this letter was premature and appeared to take sides. Wintrow hesitated supporting something that Council could not guarantee. Hempfling felt to be fair to Council it would be important that all of Council would need more information. Askeland and Booth agreed to withdraw the motion.

Eli Hurwitz asked and Council that Environmental Commission presents its annual report to Council at the next meeting. He also reminded villagers that the Green Pricing Program is beginning with calculating how many residents are interested in joining. Swansen pointed out the error in the brochure which has the decimal point in the wrong place. Hurwitz explained that there would be an amended brochure.

Ted Donnell asked is this Program enabling the Village to enter into green credit. Swansen stated no.

SPECIAL REPORTS

King St. Detention Basin. Bill Bebko gave a historical overview of the detention basin. He explained the work that had been done to create the basin. Council had hoped to put a conservation easement on this area. Bebko has been monitoring the basin over the past few years and stated that the basin is in good working order.

OLD BUSINESS

Website. The Clerk of Council explained that the website has been a project under the Records Commission and that she as a part of her job description is to coordinate the information that was to be placed on the website. The Commission recommended to Council that the Clerk would place the minutes, agenda, resolutions, ordinances and manager reports on the website and that Randall Newsome be assigned other information the Village Manager or his staff deemed appropriate. She further explained that Council when reviewing their Agenda Planning could then indicate what other materials should be placed on the website.

Bruce Cornett from Servlet/Cisco Systems has been responsible for the Village's hardware and software installations. Cornett explained that most of the Village's equipment is approximately five years old and should be replaced. He suggested and Council agreed that Cornett and Swansen meet to implement the replacement of the equipment. Council also agreed that the Records Commission come back with a recommendation on updating the website by late June.

Visioning. Len Kramer explained that the group was moving ahead and looking at providers for visioning and planning. Kramer asked if there work would be better served if they were an official group or task force of Council's rather than a community ad hoc group.

Hempfling stated that she appreciates all the hard work the group has been doing but is looking beyond land use. She would like to see visioning about the future of the Village in a very broad sense. She added that she had spoken with Dana Patterson from the Coretta Scott King Center to see if she could assist Council in this effort along with the Human Relations Commission.

Wintrow MOVED and Van der Heiden SECONDED a MOTION to ask this existing ad hoc visioning group to become the official task force of Council with additional members is Council so desires, asking them to proceed with the process that they have begun, and in a future meeting ask for a specific amount of funding that Council will put towards the visioning/ planning effort so that the task force can begin to investigate alternate sources so that they can get this process started.

Ted Donnell a member of the group explained that the task force is the group of folks who meet regularly and do the work, but the task force would reach out to other groups representative of the Village. Hempfling thought that those intentions were good but she felt that the group membership should be diverse and she wanted to wait to formalize a group.

Dimi Reber thought the group could reach out to Dana Patterson and others without stopping the work of the group.

Kramer explained that this effort is bigger than the Village. He added that the Township and Clifton might be apart of the group and/or the process.

Van der Heiden suggested adding recognition of this group that is gathering information in order to make recommendations to Council a visioning process and a visioning consultant.

Sue Abendroth stated that information regarding the work of the group is not necessarily known to the community and asked for reporting of their work on a regular basis.

Wintrow agreed to withdraw her original motion.

Van der Heiden then suggested a MOTION that Council would recognize and charge this group as the group gathering information to present a diverse recommendation about a visioning process and a visioning consultant.

Dimi Reber suggested Council recognizes the group and ask that this group to make a serious effort to increase diversity in their membership.

Wintrow MOVED and Van der Heiden SECONDED Council will recognize and charge the existing ad hoc visioning/planning group as a sanctioned group gathering information about a visioning process that will further Council's 2008 Goals most specifically regarding being a welcoming community of opportunity for people of diverse race, culture and income.

Reber added and Wintrow and Van der Heiden agreed "and that Council asks that this group to make a serious effort to increase diversity in their membership". The roll was called. The MOTION PASSED 4-0 with an abstention from Hempfling.

Comprehensive Plan-Update. Wintrow and Hempfling explained that the Commission had incorporated nine planning principles to the Comprehensive Plan. The Council has agreed to have LJB Inc. review the old Section 4 and the new amended Section 4 and create a better Section 4.

Noise-Update. Village Solicitor John Chambers explained that they have been examining the records regarding the chiller and have found that no permit was issued. He added that violation of the noise ordinance is irrelevant. He has sent the University a notice informing them that they do not have a building or zoning permit. They must shut down the chiller by June 30 th or there would be court action. Booth MOVED and Wintrow SECONDED a MOTION to direct the Village Manager and the Village Solicitor to move forward in this process regarding the chiller at Antioch College. The MOTION PASSED UNANIMOUSLY.

Papania asked what was going to be done about the student noise. Hempfling explained that staff would come back with a recommendation to Council.

Side Walk Policy-Update. Swansen explained that there would be no citations at this time but once the process is flushed out the staff will begin to move forward. Council agreed to continue this discussion at their next meeting.

NEW BUSINESS

Calendar/Time Lines. This was moved to Agenda Planning

Appointment-Library Commission . Van der Heiden MOVED and Wintrow SECONDED a MOTION to REAPPOINT David Ganz to the Library Commission for another two-year term. The MOTION PASSED.

MANAGER'S REPORT

Swansen gave kudos to Ed Amrhein and Dave Conley on their recent work on the storm water issue. The staff has been diligently working to solve the problems, which have resulted in four projects that are being currently addressed.

Seam Elimination Costs Adjustments, the Village was being charged but will now get a refund so there will be a power adjustment cost that will be a savings that will be passed along to our customers.

AMP-Ohio Energy workshop for commercial and industrial users. Swansen suggested that the Village pick up the cost for our manufacturing companies that wish to attend. Van der Heiden MOVED and Wintrow SECONDED a MOTION for APPROVAL of the cost. The MOTION PASSED.

Swansen explained that the grand total was incorrect on the Annual Appropriations. The General Fund should have been $3,685,529; the total Special Revenue Funds should have been $2,107,877; Debt Service $129,305; Capital Project Funds $3,400,350; Enterprise Funds $4,592,058; Grand Total Appropriations $13,915,119.

AGENDA PLANNING

The next regular meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April 21 st Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion on the Monday, April 21, 2008

Council Notes-

Electric Systems Task Force Phase 1 Report

Economic Revolving Loan Quarterly Report

Treasurer's Quarterly Report

Planning and Zoning Quarterly Report

Liquor License Renewals

Environmental Commission-Annual Report

Village Mediation-Annual Report

Student Noise Recommendation

Village Manager's Employment Agreement

Sidewalk-Process

Green Space Fund

Calendar Time Lines

Dana Patterson

Home Inc.

FUTURE AGENDA ITEMS

Records Commission Report (June)

Planning Commission Requests from Annual Report

Comprehensive Plan Approval

Appointment-Board of Zoning Appeals

Appointment-Environmental Commission

Appointment-Human Relations Commission

Blue Ribbon Finance

Library Lease

Appointment of Council Liaison for Greene County Council on Aging

Tree Committee

1 st Reading of Ordinance re: Cable

Economic Development – Task Force

YSA Economic Development Request

YS Promotional Video/Dallas and Caputo

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

Wintrow MOVED and Van der Heiden SECONDED a MOTION to go into an Executive Session for discussions on Personnel-Employment of a public official; Court Action-Litigation Pending; and Property with the Village Solicitor John Chambers. These are in accordance with the Ohio Revised Code #121.22(G)(1); 121.22(G)(3), and 121.22(G)(2) respectively. The MOTION PASSED UNANIMOUSLY AT 10:50 p.m.

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

ADJOURNMENT

Having no further business, Wintrow MOVED and Booth SECONDED a MOTION to ADJOURN. The MOTION PASSED.

"The Village of Yellow Springs is committed providing reasonable accommodations for people with disabilities.  The Council meeting is wheelchair accessible.  Any person requiring a disability accommodation should contact the Village Clerk's Office at 767-9126 or via e-mail at dbenning(at)yso.com for more information."