Council of the Village of Yellow Springs

MINUTES

IN COUNCIL CHAMBERS December 5th, 2005

CALL TO ORDER
President Jocelyn Hardman called the meeting to order at 7:00 p.m.

ROLL CALL
Jocelyn Hardman, Karen Wintrow, Bruce Rickenbach, and Judith Hempfling were present. Code Enforcement Officer/Projects Manager Ed Amrhein was also present. Interim Village Manager Phil Hawkey was absent.

ANNOUNCEMENTS
There were no announcements.

REVIEW OF THE MINUTES.
Review of the minutes from November 7, 2005 regular meeting. Hardman MOVED and Rickenbach SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED. Wintrow and Hempfling abstained.

Review of the minutes from November 21, 2005 regular meeting. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL of the minutes as amended. The MOTION PASSED.

REVIEW OF AGENDA
Add: Caboose Task Force (New Business)

Move: Village Manager Search Committee Update and Alexander’s Resignation and the Council Vacancy to Executive Session. Rickenbach MOVED and Wintrow SECONDED a MOTION to APPROVE the agenda. The MOTION PASSED.

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:
AMP-Ohio Newsletter
Resignation letter from Mary Alexander
Greene County Parks Weekender
Memo from Clerk re:Minutes
Bill Bebko re:Remainder of the Caboose Report
Village’s Organizational Chart

PUBLIC HEARINGS/LEGISLATION
1st Reading of Ordinance #2005- 28 Thistle Creek Final Approval of Phase 1. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. Rickenbach gave a brief overview of the process used by Planning Commission including the role of Planning Commission and its approval. In consideration of future bike access, the Commission asked the developer and he agreed to move the curbside of his development facing King Street back 4’ to accommodate bike traffic. Planning Commission’s approval included the following; all residential parking to be handled off-street and there be two parking spots available for delivery/temporary parking. The roll was called the MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for December 19 th.

1st Reading of Ordinance #2005- 29 Birch III approval of Sect. 2 cul de sac. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Rickenbach explained that this was the second phase of the development for the additional 5 lots of the cul de sac. Planning Commission suggested and the developer agreed to have the outflow more clearly defined and moved in a more northwesterly direction. The roll was called. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for December 19 th.

1st Reading and PH of Ordinance #2005- 27 WASG Power Pool as an Emergency. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Ed Amrhein explained that this amended contract allows for the inclusion of Piqua and Celina into the Western Area Service Group. Hardman opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

1st Reading and PH of Ordinance #2005-26 Mutual Aid as an Emergency. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Amrhein explained that this amended contract allows to inclusion of municipalities in Indiana. Hardman opened the public hearing. Having no comments the public hearing was closed. The roll was called. The MOTION PASSED UNANIMOUSLY.

Resolution #2005-55 AMP-Ohio Master Service Agreement Update. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Amrhein explained that it was time to update the original contract. Rickenbach asked and Wintrow agreed to a friendly amendment to Section 4., changing the word ordinance to resolution. The MOTION PASSED.

Resolution #2005-56 Policy for disposal of Surplus Personal Property. Rickenbach MOVED and Wintrow SECONDED a MOTION for APPROVAL. Rickenbach suggested and Wintrow agreed to a friendly amendment substituting the word trade-in for trade throughout the policy. The MOTION PASSED.

CITIZENS CONCERNS
Bill Firestone inquired about the police department’s “new substance abuse policy” and asked if there was a new policy it should be shared with the public. He also inquired about comments he has heard regarding racial profiling by the police department. Council stated they would consider the request. Firestone along with Becky Campbell and Sue Abendroth spoke words of support and respect for Police Chief Grote and the Department.

SPECIAL REPORTS
 There were no special reports.

OLD BUSINESS
Village Manager Search Committee Update. Moved to Executive Session.

Budget Workshop Update. Hardman reported that she had worked with Interim Village Manager Phil Hawkey and Finance Director Sharon Potter reviewing the designated roles of each in the budget process. The next budget meeting is scheduled for Thursday, December 8 th. The discussion items are the Electric Fund and the Solid Waste Fund. The following Thursday, the budget discussions will include the Water Fund and the Sewer Fund. She added that a temporary budget could be passed on December 19 th and additional budget workshops scheduled in January. The previously scheduled budget workshop for December 20 th was cancelled.

NEW BUSINESS
Alexander’s Resignation/Council vacancy. Council officially accepts Mary Alexander’s resignation.

Al Schlueter read a statement, which included that Council consider diversity in composition and viewpoint when choosing Alexander’s replacement.

Helen Eier asked Council to take some time perhaps waiting to the first of the year before naming Alexander’s replacement. Hardman explained that the Village Charter states that the replacement be named within thirty days. Council would continue this discussion in Executive Session.

Caboose Task Force. Although Council will be reviewing the Caboose Task Force Report at their December 19 th meeting, Rickenbach thought it prudent and Council agreed, that Council make a recommendation to secure and to cover the cabooses with tarp to prevent further damage.

Adopt Rules and Procedures for Council. Council made several edits to both the Guidelines for Commissions/Committees/Boards and to Council’s Rules and Procedures Policy.Rickenbach MOVED and Hempfling SECONDED a MOTION for ADOPTION of the amended documents. The roll was called. The MOTION PASSED UNANIMOUSLY. A revised copy of both documents will be distributed to the appropriate parties.

MANAGER’S REPORT
Hawkey reported that the contractor for the Street Reclamation Project has completed his work for this year. West Limestone St. was the only street not finished. It will be completed in the spring.

Work on the Glass Farm Detention Basin Project has been delayed until soil conditions improve.

AGENDA PLANNING: Budget Workshops. January 5 th and 12 th re: General Fund.
The next meeting of the Council of the Village of Yellow Springs will be held at 7:00 p.m. on Monday, Council Chambers, John Bryan Community Center, 100 Dayton Street.

Caboose Task Force Report
2nd Reading and PH Thistle Creek Final Approval of Phase 1
2nd Reading and PH Birch III Approval of Section 2 Cul de sac
Greenspace Fund
Katrina Relief Resolution

The Clerk was directed to invite Ron Schmidt and the Committee members for the Caboose Task Force Report and to invite Krista Magaw of Tecumseh Land Trust for the discussion regarding the Greenspace Fund.

FUTURE AGENDA ITEMS
BZA Appeal Public Hearing-Micki Adams
Guidelines for Utility Resolution Dispute Commission
Interview for Village Treasurer
Antioch University Rezoning of 10-acre parcel (January 3rd)
Annual Reports (commissions, committees and boards)
Municipal Credit Card
2006 Annual Appropriations
Pole Contact Agreements
Amending Noise Ordinance (January)
Marking State Route 68 Bikeway
Conservation Easement-Well fields
Annexation Policy Review
Parks & Recreation Master Plan
Charter Review Committee (January)

EXECUTIVE SESSION
Rickenbach MOVED and Wintrow SECONDED a MOTION to go into Executive Session to discuss Personnel-Employment/Village Manager Search and Personnel-Appointment/Village Council Member in accordance with the Ohio Revised Code #121.22(G)(1). The roll was called. The MOTION PASSED UNANIMOUSLY at 8:40 p.m. Al Schlueter, Chair of the Village Manager Search Committee was invited to attend the Executive Session.

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

GENERAL SESSION
Rickenbach MOVED and Wintrow SECONDED a MOTION to invite Eric Strahl and Tom Carroll to the Village Manager Candidates’ Weekend. The MOTION PASSED.

Rickenbach MOVED and Wintrow SECONDED a MOTION to APPOINT Kathryn Chase as a member of Council to fulfill the remainder of Mary Alexander’s term. The MOTION PASSED.

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