Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS April 4, 2005

CALL TO ORDER
Vice President Denise Swinger called the meeting to order at 6:45 p.m.

ROLL CALL
Swinger, Mary Alexander and Jocelyn Hardman were present. Tony Arnett arrived for the Executive Session.

EXECUTIVE SESSION
Hardman MOVED and Alexander SECONDED a MOTION to go into an Executive Session for a discussion on Personnel-Appointment, in accordance with the Ohio Revised Code #121.22(G)(1). The MOTION PASSED UNANIMOUSLY.

GENERAL SESSION
Alexander MOVED and Hardman SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY at 6:58 p.m.

Hardman MOVED and Alexander SECONDED a MOTION to APPOINT Bruce A. Rickenbach to Council. Rickenbach would complete the term left by George Pitstick.

Council commended and thanked all of the applicants for their willingness to serve. The roll was called. The MOTION PASSED UNANIMOUSLY.

SWEARING IN OF NEW COUNCIL MEMBER
Council President Tony Arnett administered the oath to Rickenbach. Rickenbach then joined Council at the Council table.

ANNOUNCEMENTS
There were no announcements.

REVIEW OF THE MINUTES
Review of the minutes from March 21, 2005 regular meeting. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED 4-0 with an abstention from Rickenbach.

Review of the minutes from March 24 th and March 30, 2005, special meetings-Council vacancy. Swinger MOVED and Alexander SECONDED a MOTION to APPROVE the minutes as submitted. The MOTION PASSED 4-0 with an abstention from Rickenbach.

REVIEW OF AGENDA
New Business: Smart Growth Weekend Update (Hardman)

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletters
Greene County Solid Waste Management- Various Events
Mills Lawn PTO re: Thank you to Public Works
Susan Cave of OML to State Representative re: Public Records Law
Miami Valley Communications Council Newsletter
Sandra Morris re: Application to HRC
Phillips-Brown Homes re: Purchasing Request-Portion of Glass Farm (Moved to New Business)
Flatter Hereford Farms, Inc. re: Extension of Farm Lease
Village’s Cash Disposition Statement
Mayor’s Monthly Newsletter

PUBLIC HEARINGS/LEGISLATION

1st Reading of ordinance 2005-06 Customer Disconnection Process & Utility Dispute Resolution Board. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. Hawkey briefly reviewed the information supplied by Chester, Willcox and Saxbe, Law Firm. Hawkey added that an information mailer would be sent to the Village’s users explaining this process and the duties of the Utility Dispute Resolution Board.

After a brief discussion, Council agreed that clarifying language for Sections 1040.023 and 1040.024 should be drafted for inclusion into this legislation. Hawkey would work with Sharon Potter, the Finance Director on the additional language. A public hearing was scheduled for April 18 th. The roll was called the MOTION PASSED UNANIMOUSLY.

Resolution 2005-18 Awarding Bid for Bucket Truck. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL. This resolution authorizes the Acting Village Manager, Phil Hawkey to order a large bucket truck for the electric utility. The truck price is $85,479.00, which was under the $102,000 that had been budgeted. This was also an item that was listed on the Capital Improvement Plan. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-20 Awarding Farm Lease/Hayfield. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Flatter Hereford Farms, Inc. offered the best bid for the lease of the 13.5 acres of Parcel 1 on the Sutton Farm at $71.00 per acre. Because this is for the hayfield, the lease will be for five years. This will allow for the farmer to recoup his costs. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-21 FEMA Reimbursement-Snow Emergency. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. The resolution authorizes Hawkey to sign all documents related to the reimbursement of funds from the Public Assistance Grant Program for FEMA. The reimbursement, which is approximately $ 6,700.00, would help in reducing the Village’s cost during the December 2004 snowstorm emergency. The MOTION PASSED UNANIMOUSLY.

Resolution 2005-23 Awarding Bid for Audit Services. Swinger MOVED and Alexander SECONDED a MOTION for APPROVAL. Sharon Potter, the Village’s Finance Director explained that this was the best bid and that the firm of Clark, Schaefer, Hackett and Company was approved by the State Auditor’s Office. The contract would be for five years beginning December 31, 2004. The all-inclusive fixed fee would be $55,000 for the total contract. The MOTION PASSED UNANIMOUSLY.

CITIZENS CONCERNS
Audience member Helen Eier commented on the attendance of Council members and Hawkey and the information distributed regarding the Smart Growth Weekend. She asked that Council continue to be open to different ideas and concepts brought forth from participants of the weekend event.

SPECIAL REPORTS
There were no special reports scheduled.

OLD BUSINESS
Follow up on 5-Year Financial Plan Surveys. Council agreed to wait until their April 18th meeting to schedule a follow-up meeting to discuss the next steps regarding the 5-Year Financial Plan and the surveys.

NEW BUSINESS
Representative for Planning Commission. Bruce Rickenbach agreed to serve as Council’s representative on Planning Commission replacing former member George Pitstick. Rickenbach has served as a member of the Commission and just recently was named the Commission’s Chair. The Clerk was directed to advertise the new vacancy on the Commission that has been created due to Rickenbach moving from Village representative to Council representative.

Volunteer Recognition. The Clerk was directed to compile a list of volunteers to be recognized this year.

Smart Growth Weekend Update. Hardman gave a brief report on the Smart Growth Weekend. Videotapes of the weekend would be ready in about two months. The weekend was also covered in the Yellow Springs News.

Phillips-Brown Homes re: Purchasing Request-Portion of Glass Farm. Council agreed to move this item to Executive Session.

MANAGER’S REPORT
Hawkey reported that staff had used a “cold mix” to repair some of the potholes but found that the repair popped out after about a month. Hawkey further reported that staff would continue to work on this problem and that residents are encouraged to contact his office to report any potholes.

AGENDA PLANNING
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, April 18, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the April 18, 2005 meeting are:
Schedule Meeting re: 5-Year Financial Plan-Next Steps
Appointment to Human Relations Commission
Planning/Zoning Code 1st Quarter Report
Economic Revolving Loan Fund Update
Village Treasurer’s Quarterly Report
Retention Basin Update
Liquor License Holders
2nd Reading of #2005-06 Disconnect Policy
Resolution re: Education Village Inc-Annexation Request
1st Reading of ordinance 2005-05 1st Qtr. Supplemental Appropriations
Resolution 2005-19 Dayton St. Sanitary Sewer Project
Resolution 2005-22Northern Gateway Project-Engineering
Presentation: Y.S. Health Project-Results
Y.S. Community Health Project

Hardman and Swinger will interview applicant Sandra Morris for the vacancy on the Human Relations Commission.

FUTURE AGENDA ITEMS
Appointment to HRC (1)
Appointment to Planning Commission
Conservation Easement for Well Fields (5/16)
Awarding of Bid-East Enon Rd. Electric Project (5/16)
Resolution re: Stutzman Landscaping Lease (5/16)
Council 2005 Goals-Update (June)
Approval of Tax Budget (June)
Permissive Tax/Street Paving Project
Evan Scott-Dayton Development Association
Awarding Bid-Utility Van
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Disposition of Cabooses

EXECUTIVE SESSION
Hardman MOVED and Alexander SECONDED a MOTION to go into an Executive Session for a discussion regarding Real Estate. Phillips-Brown Homes’ has a purchasing request for a portion of the Glass Farm. This is in accordance with Ohio Revise Code Section 121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

Alexander MOVED and Hardman SECONDED a MOTION to end the Executive Session. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT
Having no further business, Swinger MOVED and Alexander SECONDED a MOTION to ADJOURN. The MOTION PASSED UNANIMOUSLY.

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