Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS June 7, 2004

CALL TO ORDER

President Arnett called the meeting to order at 7:07 p.m.

ROLL CALL

Tony Arnett, Mary Alexander, Jocelyn Hardman, George Pitstick and Denise Swinger were present. The Village Manager Rob Hillard was also present.

ANNOUNCEMENTS

Hillard announced that the Village’s Other Information would take place on Saturday, June 12, 2004.

Hardman announced that the Strawberry Festival held at the Presbyterian Church would begin on Friday evening June 11 th and continue on through Saturday’s Other Information.

REVIEW OF THE MINUTES.

Review of the minutes from May 17, 2004 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA

There were no changes to the agenda.

PETITIONS/COMMUNICATIONS

The Clerk will receive and file:

AMP-Ohio Newsletters
Dayton Chamber of Commerce Newsletter
Letter to Melanie Brammer/Dept of Development
Shook Construction re: Wright Stop Plaza
MVRPC News Release re: Greene 35 Corridor Study
Time Warner Cable re: Parental Concerns
Antioch University re: KKK
Thank You from Science Olympians
Y.S. Bd of Ed. Re: East Enon Rd Utility Project
Mayor’s Monthly Newsletter
Memo from Arnett re: Agenda Items

PUBLIC HEARINGS/LEGISLATION

2nd Reading and public hearing of ordinance #2004-19 Limestone St.-James McKee Way-Honorary Designation. Alexander MOVED and Hardman SECONDED a MOTION for APPROVAL. Alexander distributed an amended version of this ordinance for Council’s approval. Council agreed to accept this new version, which highlighted the philosophy and policing methods of McKee.

Arnett opened the public hearing. Having no comments the public hearing was closed.

Hardman thanked Alexander for providing more detail for this legislation.

Members of the McKee family briefly spoke and offered their gratitude for the name designation. In attendance were McKee’s wife Naomi McKee, his son James McKee Jr. and McKee’s brother Fred Mays.

Bill Alexander of the Yellow Springs Men’s Group thanked the Council for moving forward on the Men’s Group suggestion of the street designation.

The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading and public hearing of ordinance #2004-20 Amending 1242.05(f)(6) Planning Commission. Pitstick MOVED and Alexander SECONDED a MOTION for APPROVAL. Arnett explained that the changes would schedule these records for permanent storage and that the records would be retained electronically for reference. Arnett further explained that this would bring the ordinance into compliance with the Records Retention Schedule. Arnett opened the public hearing. There were no comments. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading and public hearing of ordinance #2004-21 Amending 1242.06(a)(2) Board of Zoning Appeals. Pitstick MOVED and Swinger SECONDED a MOTION for APPROVAL. Arnett explained that this would bring the ordinance into compliance with the Records Retention Schedule. Arnett opened the public hearing. There were no comments. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

2nd Reading and public hearing of ordinance #2004-22 Approving Warner Cable Franchise Agreement. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Arnett explained that there were no additional changes since the first reading of this ordinance. He added that the pole fees were not included in this document and would be handled separately. Arnett opened the public hearing. There were no comments. The public hearing was closed.

Swinger stated that she was confident that Hillard had done as much as possible with Time Warner in drafting this new agreement.

The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading and public hearing of ordinance #2004-23 Approving Sale of Real Estate-Sharp and Declaring an Emergency. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Swinger questioned the formula used to determine the price, which was $100,000. Hillard explained that it was determined from the two appraisals he had received. Hillard then briefly reviewed the process that brought Council to this public hearing.

Arnett opened the public hearing. There were no comments. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Pitstick added that this was a win-win situation for both the tenant and the Village.

1st Reading and public hearing of ordinance #2004-24 Adjusting 1064.02 Pool Rates and Declaring an Emergency. Swinger MOVED and Pitstick SECONDED a MOTION for APPROVAL. Hillard removed the residency fee to create a larger customer base.

Hardman asked if the per hour rental rate had changed. Hillard explained that it is the same.

Swinger thanked Hillard for opening the concession stand inside of the pool. She added that it has been a big hit.

Arnett opened the public hearing. There were no comments. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading and public hearing of ordinance #2004-26 Amending Personnel Policy Manual/Seasonal Employees and Declaring an Emergency. Swinger MOVED and Pitstick SECONDED a MOTION for APPROVAL.

Hillard explained that this was standard policy for seasonal employees. Pitstick added that this was a step in the right direction and that the Fair labor Standards Act includes an exemption from the overtime requirements for seasonal employees.

Arnett opened the public hearing. There were no comments. The public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-27Awarding Inspection Services for Water Tower Painting-Norman Noe Inc. Pitstick MOVED and Hardman SECONDED a MOTION for APPROVAL. Phil Hawkey explained that the Village spends $200,000+ for painting the water tower and in doing so there are many things that must be considered. This includes the timeliness of the painting, accommodating the contractors, the lead-based paint requirements (pre and post testing) and the environmental issues.

Troy Slone Waste Water Treatment Plant Supervisor, explained that the Village has used Norman Noe Inc. in the past and that they had prevented some problems in the past.

Pitstick strongly recommends the inspection service and added that it was absolutely necessary. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2004-28 Awarding Bid-Solid Waste Contract. Alexander MOVED and Pitstick SECONDED a MOTION for APPROVAL. Hillard explained that the first step is to award the bid. This would allow Hillard 30 days to work through the Brush and Leaf Pick-up and the Spring Clean-Up programs with Rumpke.

Hardman explained that the weekend swap that has been previously organized by the Environmental Commission has been put on hold. The Commission is waiting until the Village has finalized its plans.

Pitstick asked how would Rumpke handle the “pay as you go” program for yard waste and brush.

Bob Klein of Rumpke explained that Rumpke would supply a 4’ bag that would wrap around the brush. It would then be transported to South Charleston to be recycled into fertilizer.

Becky Campbell stated that residents were putting yard waste and tree trimmings in their front yards, in anticipation of a chipper coming as it has in the past. Campbell expressed concern that residents were not getting the message that a chipper was not scheduled to come. Arnett suggested putting a message on the utility bills.

Ed Amrhein the Assistant Planner stated that he was sending out compliance letters and drafting an article for the Y.S. News that would include options for the residents.

The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution#2004-29 Amending Pick-Up Resolution/Police & Fire Pension Fund. Hardman MOVED and Pitstick SECONDED a MOTION for APPROVAL. Arnett explained that this was to amend the original resolution to include “payment by employee payroll deduction”. The MOTION PASSED UNANIMOUSLY by voice vote.

CITIZENS CONCERNS

There were no comments from the audience.

SPECIAL REPORTS

Presentation by the Greene County Combined Health District- The State of the Health of Greene County w/Mark McDonnell, District Commissioner. McDonnell distributed copies of The State of Community Health in Greene County-2004 Overview and the 2004 Greene County Community Health Needs Assessment.

McDonnell presented a 2004 overview of the activities, plans and policies concerning the health district. The Health District costs are approximately $.26 per person. The programs include the health supervision, mosquito control, child and family health services, dental services, safety programs, health education and water protection.

McDonnell also reviewed the goals and gave an update of the 2001 Greene County Community Strategic Plan. He then reviewed the 2004 Greene County Community Health Needs Assessment.

In response to a question from Hardman, McDonnell added that the District has two Spanish-speaking personnel on staff and contracts for interpreters for a variety of other languages.

Council thanked McDonnell for his presentation.

OLD BUSINESS

Scheduling of Work Session-Educational Phase of 5-Year Financial Plan. Council agreed to a two-hour work session for Monday, June 28 th at 7 p.m. in Council Chambers to discuss the educational phase of the 5-year Financial Plan

Logical Solutions-Tower Agreement. Vice President Denise chaired this part of the meeting. Arnett recused himself from the discussion. Swinger asked if the broadband technology would be included in the agreement. Bruce Cornett from Logical Solutions explained that he had agreed to add it.

Hillard explained that the information he received from the City of Mason shows that they have a different type of antenna on their water tower. It is for cellular phone use.

Swinger asked if Cornett’s tower would be for Internet access and would there be interference. Cornett answered yes to both questions. He added that his equipment could receive interference.

Hardman asked about “wi-fi”. Cornett explained that “wireless fidelity” (wi-fi) is opened to anyone and has very limited security.

Pitstick expressed concern regarding the length of the contract and the fee structure. He suggested that the Village start with a lower rate and increase the rate as the business grows.

Cornett suggested a five-year lease with an option to review or some type of tiered approach.

Alexander asked if this would allow Cornett to add even more antennas as time goes on. Cornett explained that he would start with one and possibly add another.

Council agreed to have Pitstick meet with Hillard on his idea of a structured rate increase. Hillard would then meet with Cornett to finalize the agreement for action by Council.

NEW BUSINESS

There were no items under New Business.

MANAGER’S REPORT

Hillard distributed the 2005 Tax Budget. Hillard stated that this included an aggressive capital budget project list.

The E. Enon power line extension would have the lines placed overhead on the same side of the street where they are now. However, the right-of-way survey shows that the pole line would be 10 to 12 feet further back. The County would determine the actual pole line.

Hillard is considering preparing an application for an Issue 2 grant to complete the Dayton Street Sanitary Sewer and Street project. The grant is due the first of August. Council members supported the application, which would cost a total of $550,000, with a likely required 26% match at $143,000.

AGENDA PLANNING

The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, June 21, 2004 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the June 21, 2004 meeting are:

1st Reading of ordinance #2004-25Solid Waste Ordinance 1060.06 Amendments
Approval of the Tax Budget
Goal Review: Council

Policy re: Utility Bills and Deposits

Resolution re: Enterprise Zone/Tax Abatement/The Antioch Company
Brush and Leaf Pick Up/Spring Clean Up
Arnett and Pitstick would begin the interviews to fill the vacancy on the Planning Commission.

FUTURE AGENDA ITEMS

Appointment to Planning Commission (1)
Appointment to Environmental Commission (1)
Resolution #2004-30Awarding Bid for Public Works Facility
1st Reading Amending the Village’s Ordinances
Resolution Awarding Bids on Surplus Property (July 19th)
Goal Review of the Clerk (July 6 th)
Goal Review of the Manager (July19th)
Report from Village Treasurer (July 19th)
Records Retention Policy (July 19th)
2nd Quarterly Financials (July 19th)
Economic Revolving Loan Update (July 19th)
Zoning/Code Enforcement Quarterly Report (July 19th)
Resolution Awarding Bid-Electrical System Improvement (August)
Resolution Awarding Bid-Street Projects (August)
Resolution Awarding Bid-Baseball Diamond (August)
Resolution re: Village Solicitor Employment Contract (August)
Annexation Policy Review

EXECUTIVE SESSION

There was no Executive Session scheduled.

ADJOURNMENT

Having no further business, Pitstick MOVED and Swinger SECONDED a MOTION for ADJOURNMENT. The MOTION PASSED UNANIMOUSLY at 9:07 p.m.

A full and complete set of these minutes is available for review electronically. These recordings are kept permanently and can be requested by referencing the date of the Council meeting.