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The Yellow Springs

Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS February 19, 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 John Booth and Lori Askeland were present. Van der Heiden was absent. Village Manager Eric Swansen, Finance Director Sharon Potter, Police Chief John Grote and Village Solicitor John Chambers were also present.

ANNOUNCEMENTS

Special Meeting re: Budget-Saturday, February 16 th @ 10 a.m. Council Chambers

Special Meeting re: 2 nd Reading & Public Hearing on the 2008 Annual Appropriations-Monday, March 31 st @ 7 p.m. in Council Chambers

Saturday, February 23 rd is the last of the 360 Degrees Elaine Comegys Film Festival at the Little Art. This week's film is about Afro-American film directors.

Wednesday, February 20 th the Mad River Theatre Works Community Conversation will take place at the YS Library from 7 p.m. to 9 p.m. with Steve Conn as the moderator.

REVIEW OF THE MINUTES

Review of the minutes from February 4, 2008 regular meeting. Wintrow MOVED and Askeland SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA

Add: New Business- Discussion re: Clarification on the Budget

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletter(s)

Greene County Republican Party re: Lincoln Day Dinner

Bruce and Fran Rickenbach re: Real Estate Tax

PUBLIC HEARINGS/LEGISLATION

1 st Reading and PH of Ordinance 2008-01 Supplemental Appropriation to the 2008 Temporary Budget, as an emergency. Wintrow MOVED and Askeland SECONDED a MOTION for APPROVAL. Swansen explained that the Public Safety amount of $41,500 and the Sewer Fund amount of $8,200 was for overtime. The public hearing was opened. Hearing no comments, the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution 2008-07 Membership Dues Regional Planning and Coordinating Commission-Greene County. Wintrow MOVED and Booth SECONDED a MOTION for APPROVAL. The 2008 RPCCGC membership dues are $747.69. The MOTION PASSED.

Resolution 2008-08 Check Signing-US Bank/General Checking & Guaranteed Deposits. Wintrow MOVED and Askeland SECONDED a MOTION for APPROVAL. This resolution added Judith Hempfling and John Grote's signatures on this accounts and removed Karen Wintrow. The MOTION PASSED.

Resolution 2008-09 Check Signing-US Bank/Payroll. Askeland MOVED and Wintrow SECONDED a MOTION for APPROVAL. Finance Director Sharon Potter asked for a friendly amendment to change the account name from Money Fund Plus to Payroll. Council agreed. This resolution would add Eric Swansen's signature to the Payroll account. The MOTION PASSED.

CITIZENS CONCERNS

Jean Payne announced that the YS Men's Group website is 45387.org and should not be confused with yellowsprings45387.org.

Pat Murphy stated that he was concerned with the February 16 th budget meeting. He was not sure how much was actually one-time monies and asked for additional financial information.

SPECIAL REPORTS

There were no special reports scheduled.

OLD BUSINESS

Council Retreat Proposal. Hempfling announced that the Council Retreat would be held on March 15 th at 10 a.m. with Village Solicitor John Chambers as the facilitator.

Process and Tools-Village Manager-Employment Review. Wintrow and Van der Heiden had formed a committee of two in order to make recommendations for a process and tools for the Village Manager evaluation. Council agreed to use the last two hours of its retreat to begin its discussion regarding the evaluation. Council also agreed to have staff write a short memo regarding their accomplishments and goals. Wintrow would write the letter to staff that would accompany a letter from Swansen.

Review of Sidewalk Enforcement Process. Swansen explained that the current policy does not give amble time of response from the property owners. He suggested changing the response time from 10 days to 30 days. He also suggested that the permit should be given at no charge and that the property could exercise the option of allowing the Village to repair or replace the sidewalk and have the expense placed as a lien on the property.

Wintrow questioned why replace a sidewalk that does not meet code standards regarding width. Swansen explained that some sidewalks could not be increased in width due to trees and fences. Swansen added that this is a Council decision.

Village Solicitor John Chambers suggested designating a small neighborhood for a sidewalk project and using that as a pilot program to work out any problems before tackling the entire Village. He added that Council should consider adding an appeal process to its policy.

Architect Ted Donnell suggested that Council review the Bike Enhancement/Northern Gateway Committee's designation regarding “heavy use/minor use” priority that they had assigned to the sidewalks.

Askeland suggested that the 30-day response time be changed to a 60-day response.

Joan Edwards asked that someone talk to the schools about the kids walking in the streets and encourage them to use the sidewalks.

Askeland MOVED and Booth SECONDED a MOTION to change the 10-day response to 60 days. The MOTION PASSED.

Hempfling MOVED and Wintrow SECONDED that the sidewalk from Friends Care Center on Herman Street to the Central Business District be the first test case and that the community be aware that this is the first pilot project; that the costs for ADA curb cuts that are included in the budget be used for this project; and that property owners should work with Ed Amrhein in making decisions regarding trees, fences, etc. The MOTION PASSED.

Swansen inquired about the appeals process. Village Solicitor Chambers added that the appeals process should be heard by the Village Engineer rather than the Board of Zoning Appeals.

Askeland MOVED and Wintrow SECONDED a MOTION that the appeals should go to the following people in this order; planning students, Ed Amrhein, Eric and then John Eastman. The MOTION PASSED.

Hempfling MOVED and Askeland SECONDED a MOTION that a notice be put in the utility bills in April and May regarding clearing brush and have HRC sponsor in some way a weekend clean-up, keeping the sidewalks accessible. The MOTION PASSED. Swansen will bring back an updated version of this policy.

Council took a break at 8:30 p.m. and returned to the General Session at 8:40 p.m.

NEW BUSINESS

Visioning Process-Regenesis Proposal. Ted Donnell gave a presentation o the Regenesis Group. He explained that several villagers had been meeting to discuss planning and land use in the Village. He further explained that the process could be funded through a grant with endorsements from Planning Commission, Miami Township Trustees, Council and others. The process looks at how the environment and human beings which are living forces interact. According to their brochure, Regenesis process is “grown from local nature and local culture of place; integrating people and ecological systems for mutual benefit; and manifesting a vision of people as contributing members of nature's family.” Donnell explained that other members of the group working with Regenesis included Fred Bartenstein, Len Kramer, Pat Murphy, John Struewing, Ellen Hoover and Krista Magraw.

Marianne MacQueen spoke in support of this process. Askeland stated that she had attended their presentation and was inspired. She was concerned with how to make sure the disenfranchised were included in this process.

Donnell went on to explain that this process analysis is based on individual towns and would change according to the town's input. Pattie Dallas had videotaped the Regenesis presentation from last Sunday.

John Struewing asked how long before he could secure the grant. Donnell stated 90 days. Struewing then stated that some Township residents have been skeptical of the Village, how would they be included. Donnell explained through individual contact and begging. Struewing explained that he was enthusiastic about the process.

Donnell asked for endorsement from the Village. Askeland MOVED and Hempfling SECONDED a MOTION for Council's appreciation and encouragement of the work of the group. The MOTION PASSED. Kramer encouraged residents to look at the Regenesis website for more information.

Discussion re: Clarification on the Budget. Swansen reviewed the General Funds, the Operating Funds versus the Capital Funds and the impact of the levy. Swansen supported Council balancing the operating budget and making some decisions regarding the one-time monies. Hempfling MOVED and Wintrow SECONDED a MOTION to support Council balancing the operating budge using Swansen's proposed plan.

Former Blue Ribbon Finance Committee Information. Swansen stated that he had some concerns with the Blue Ribbon Finance Report that was done a few years ago. Wintrow thought it was a good idea to see what they had said and what has been done since the acceptance of the report.

MANAGER'S REPORT

Having just returned from vacation, Swansen gave a brief report. He explained that he would be seeking a design firm for the Waste Water Treatment Project.

STANDING REPORTS

Lori Askeland - Environmental Commission (on file). EC is working on a flyer for the green pricing program. They will also setup tables and distribute the flyers in the Central Business District to encourage green pricing. Hempfling MOVED and Wintrow SECONDED a MOTION to run an ad about green pricing. Council directed that a copy of the flyer be sent to the Clerk so that she could place the ad. The MOTION PASSED. Askeland also explained that the EC has been working on the bid packet for trash collection.

Lori Askeland - Planning/Bike Com/N Gateway (on file)

John Booth - Village Mediation Program

John Booth - Human Relations Commission. Booth reported that HRC meets tomorrow. The will be discussing the sidewalk clean-up and an April/May forum on being a welcoming community.

No Rep. - Community Council

Judith Hempfling - Cable Advisory Panel (on file). CAP will present their annual report at the next Council meeting.

Kathryn Van der Heiden -Library Commission (on file)

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

Karen Wintrow - Chamber of Commerce (on file). Wintrow reported that the Friday Night Fling was successful. The next one will be partnering with nonprofits.

Karen Wintrow - Miami Valley Regional Planning (on file). Wintrow reported that ODOT has scheduled a series of three roadwork projects over the next ten years for I-75.

Wintrow & Hempfling - Electric System Task Force (on file). Askeland MOVED and Hempfling SECONDED a MOTION to APPOINT John Struewing to the ESTF. The MOTION PASSED.

IX. 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 17, 2008 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion on Monday, March 17, 2008:
Council Notes - Askeland
Economic Development-Michael Schulman
Website
Review of Amended Comprehensive Plan w/Planning Commission
1 st Reading of Ordinance-Annual Appropriations for 2008
Channel 5/Cable Advisory Annual Report
Village Manager Evaluation Update
YS Chamber of Commerce Annual Report
Blue Ribbon Finance
Noise Ordinance
Sidewalk Update

FUTURE AGENDA ITEMS
Library Lease
Appointment of Council Liaison for Greene County Council on Aging
Noise Ordinance-Training & Equipment for PD
Planning Commission-Decision Items
1 st Reading of Ordinance re: Cable
Tree Committee
Village Manager Employment Agreement
Annual Reports: Commissions, Committees and Boards (Mar/Apr)
1 st Reading of Ordinance re: 2008 Annual Appropriations
Economic Development-Task Force
YSA Economic Development Request
YS Promotional Video/Dallas and Caputo
Electric Systems Task Force-Phase 2
Solid Waste Contract
Amending 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 & Recreation Master Plan

EXECUTIVE SESSION

Wintrow MOVED and Askeland SECONDED a MOTION to go into an Executive Session to have a discussion regarding Court Action-Pending Litigation with the Village Solicitor John Chambers. This is in accordance with Ohio Revised Code #121.22(G)(3). The roll was called. The MOTION PASSED UNANIMOUSLY at 10:10 p.m.

Wintrow MOVED and Askeland SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

Having no further business, Wintrow MOVED and Askeland SECONDED a MOTION to ADJOURN. The MOTION PASSED at 10:29p.m.

Council Agenda
100 Dayton St.
Yellow Springs, Ohio 45387
Clerk of Council:
Phone: 937-767-9126
Fax: 937-767-7220
E-mail: dbenning(at)yso.com
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