Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS July 5, 2005

CALL TO ORDER
President Tony Arnett called the meeting to order at 7:03 p.m.

ROLL CALL
Tony Arnett, Denise Swinger, Jocelyn Hardman and Bruce Rickenbach were present. Mary Alexander was absent. Village Manager Rob Hillard was also present.

ANNOUNCEMENTS
Arnett thanked the Lions Club for the great fireworks display held at Gaunt Park on July 4 th. He also thanked Dave Triplett for his efforts in coordinating the July 4 th Parade.

REVIEW OF THE MINUTES.
Review of the minutes from June 20, 2005 regular meeting. Rickenbach MOVED and Swinger SECONDED a MOTION to APPROVE the minutes 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 Newsletter
Mayor’s Monthly Statement
Daryl and Keith Kinney re: Glass Farm-Exit/Entrance (Manager’s Report)
Miami Valley Cable Meeting Update
RITA re: Retainer Refund
Xenia Rail Fest and Art Show Press Release
MVRPC re: Air Pollution Advisory (2 News Releases)
Sam Young re: Protection of 5.11 acres (Distributed at June 27th meeting)
Steven Deal re: Ohio Tax Publications
Bruce Rickenbach re: Birch III

US Congressman Dave Hobson re: Funding for Energy & Water Development - Arnett reviewed the document citing approval of two of the Ohio Environmental Assistance Projects for Yellow Springs, which were the $435,0000 for a water and sewer project and $165,000 for the Bean sanitary sewer. Arnett will write a letter to Hobson on behalf of Council thanking him for his endeavors in support of the Village.

PUBLIC HEARINGS/LEGISLATION
2nd Reading of & Public Hearing of Ordinance #2005-11 Amending 452.13(g)(2) Limited Parking Xenia Avenue. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL. Arnett explained that this ordinance would now include the parking spaces on the east side of Xenia Avenue from Glen Street. Arnett opened the public hearing. Having no comments the public hearing was closed. The roll was called and the MOTION PASSED UNANIMOUSLY.

1st Reading of an Ordinance #2005-13 Protecting Public Water System Backflows. Rickenbach MOVED and Swinger SECONDED a MOTION for APPROVAL Hillard explained that the OhioEPA had made a recommendation that the Village join this program. Staff members Troy Slone and Kelley Fox have been certified in Water Systems Backflows. They will be inspecting commercial manufacturing and local businesses regarding management of their backflows systems. The roll was called and the MOTION PASSED UNANIMOUSLY. A public hearing was scheduled for July 18 th.

CITIZENS CONCERNS
Michael Cannon made a request for new nets for the basketball hoops located at the Bryan Center. Hillard would pass the request onto staff.

SPECIAL REPORTS
There were no special reports.

OLD BUSINESS
Disposition of Cabooses Report. Rickenbach had drafted a resolution allowing for the forming of a task force to study and recommend a plan for the cabooses. The plan would include the use, future location, restoration and maintenance plan, alternate funding, and that the task force make the recommendation to Council no later than October 3, 2005. The resolution also included the following persons to be appointed, Ron Schmidt, Hugh Livingston, Michael Cannon, Bill Bebko, Karen Wintrow and Hardy Trolander.

Resolution Forming Cabooses Task Force. Hardman MOVED and Swinger SECONDED a MOTION for APPROVAL of the legislation, which outlined the charge of the task force and its membership. The MOTION PASSED UNANIMOUSLY.

NEW BUSINESS

Village Manager Selection Process. Rickenbach had drafted a resolution suggesting a process for the selection process. The resolution included selecting a search committee who would assist Council in the recruitment process, the search, candidate profile, job description, and the selection process.

Council agreed that the Village Manager would make a recommendation of how to handle the day-to-day operations of the Village government until a replacement is appointed.

Resolution Forming Village Manager Search Committee. Swinger MOVED and Hardman SECONDED a MOTION for APPROVAL of the legislation, which stated the charge of the search committee and guidelines for its process. The committee would include two members from Council, two villagers, two Village employees, and two Human Resource professionals. The MOTION PASSED UNANIMOUSLY.

The Clerk of Council was directed to advertise for applicants for the committee. The deadline date would be July 15th. Council would appoint the membership at its July 18th meeting.

MANAGER’S REPORT
Hillard reported that a copy of Village Solicitor’s draft of the noise ordinance was included in the Council packets. The Village’s Police Department is currently reviewing the ordinance. Hillard suggested and Council agreed to discuss the ordinance under Old Business at their July 18th meeting.

Hillard also reported that the Library Project would go out to bid this month.

In answer to Daryl and Keith Kinney’s letter, Hillard would invite the Kinney’s into discussions regarding upgrades and/or extensions of utilities and roadways for Phase 2of the Thistle Creek Development were it could have an impact on future development of the Kinney Farm.

Hillard suggested amending the Personnel ordinance regarding wages and classifications to better reflect the changes he has made with two of the staff positions. Job descriptions as well as the amended ordinance will be provided for Council review at the July 18 th meeting.

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

Items for discussion at the July 18, 2005 meeting are:
2nd Reading & Public Hearing- Birch III Subdivision
2nd Reading & Public Hearing-Backflows
Personnel Ordinance Amendments
Noise Ordinance Discussion
Manager Selection Process-Search Committee
Review of the minutes from June 27, 2005 special meeting.

FUTURE AGENDA ITEMS
Supplemental Appropriations Ordinance
Marilyn J. Reid, President-County Commissioners re: Work Session
Permissive Tax/Street Paving Project Update
Marking 68 Bikeway
Appointment to the BZA (2)
Conservation Easement for Well Fields
Resolution re: Stutzman Landscaping Lease
Appointment to HRC (1)
Economic Revolving Loan Fund Quarterly Report
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Phillips-Brown Homes/Thistle Creek Subdivision

EXECUTIVE SESSION
Rickenbach MOVED and Hardman SECONDED a MOTION to go into Executive Session for two discussions regarding (1) Real Estate-Sale of 1.010 Acre of the Glass Farm to Phillips-Brown Homes; and (2) Real Estate-Sale of Property-Stutzman Landscaping in accordance with the Ohio Revised Code #121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

Swinger MOVED and Hardman SECONDED a MOTION to return to the General Session. The MOTION PASSED UNANIMOUSLY.

GENERAL SESSION
1st Reading of an Ordinance #2005-14 Sell of 1.010 Acre of the Glass Farm to Phillips-Brown. Arnett read into the public record Ordinance #2005-14. Rickenbach MOVED and Hardman SECONDED a MOTION for APPROVAL. The sell price is $57,500.00. Included in the contract is a clause allowing the Village to repurchase the land at 90% of the selling price if the Phillips-Brown Project fails. The MOTION PASSED UNANIMOUSLY.

Resolution Glass Farm Preservation/Conservation Easement. Arnett introduced this draft legislation for review by Council. This legislation would be a companion piece to Ordinance #2005-14. The remaining eastern section of the Glass Farm (minus the 1.010 acre) would be placed under a conservation easement under the Village’s Open Space Program. Council will take action on this legislation after the second reading of ordinance #2005-14. Arnett will forward a copy of the resolution to the Village Solicitor for review.

ADJOURNMENT
Having no further business, Swinger MOVED and Hardman SECONDED a MOTION TO ADJOURN. The MOTION PASSED UNANIMOUSLY at 8:45 p.m.