Council of the Village of Yellow Springs

IN COUNCIL CHAMBERS May 16, 2005

CALL TO ORDER
Tony Arnett, Denise Swinger, Mary Alexander, Bruce Rickenbach and Acting Village Manager Phil Hawkey. Jocelyn Hardman was absent.

ROLL CALL
President Arnett called the meeting to order at 7:01 p.m.

ANNOUNCEMENTS
Miami Township Fire and Rescue will hold a barbecue fundraiser on Tuesday May 17th.

REVIEW OF THE MINUTES
Review of the minutes from May 2, 2005 regular meeting. Swinger MOVED and Rickenbach SECONDED a MOTION to APPROVE the minutes as amended. The MOTION PASSED UNANIMOUSLY.

REVIEW OF AGENDA
Old Business-Retention Basin Update moved to Agenda Planning

PETITIONS/COMMUNICATIONS
The Clerk will receive and file:

AMP OH Newsletter(s)
Richard Zopf re: Applicant to BZA
Becky Campbell re: Applicant to Utility Dispute Res. Bd.
Greene County Combined Health District re: West Nile Virus
Greene County Tourism re: Midwest Travel Writers-Y.S.
Greene County Solid Waste re: Environmental Workshop
RITA re: Nominations
Municipal Airport Advisory Board Summary Minutes
Memo from Rickenbach re: Cabooses (Old Business)
Greene County Commissioners re: Peace Officers Memorial Day

PUBLIC HEARINGS/LEGISLATION

2nd Reading and Public Hearing Ordinance #2005-07 Repealing/Replacing Section 1064.02 and .03 Admission Rates and Rental of Municipal Swimming Pool.

Rickenbach MOVED and Alexander SECONDED a MOTION for APPROVAL. This legislation would authorize the Village Manager to amend pool rates, admissions and the pool season.

Arnett opened the public hearing. Hearing no comments, the public hearing was closed. The MOTION PASSED UNANIMOUSLY.

1st Reading of Ordinance #2005-06 Customer Disconnect Process and Utility Dispute Resolution Board.

Alexander MOVED and Swinger SECONDED a MOTION for APPROVAL. Hawkey reviewed the ordinance including the newer amendments that were added as suggested by staff, Council and the attorneys. The legislation establishes a Utility Dispute Resolution Board which customers could appeal decisions about services and bills made between them and staff. The Board would consist of the Village Manager, the Finance Director, the Electric Superintendent and two representatives from the community. This legislation also increases deposits required by its residential and commercial customer.

The Council also agreed to change the word accepted to adopted on page one of Section 1; change the sentence order in 1040.01(b) and that the circumstances under which relief from utility bills could be granted would be clearly spelled out in the Board’s regulations and guidelines. Under Section 1040.04(f) a sentence should be added indicating that it would be the responsibility of the property owner to provide the Village with the correct contact information for this notification.

Council would see an early draft of the regulations and guidelines. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for June 6 th.

1st Reading of Ordinance #2005-08 Amending Natural Gas Aggregation Plan.

Rickenbach MOVED and Swinger SECONDED a MOTION for Approval. Hawkey explained that the early termination fee will no longer need to be paid if someone opts-out early, IGS, the Village’s current gas supplier, is referenced within the Plan and additional IGS phone numbers are also listed.

Greg Sloan, General Manager of AMPO, explained that the state requires municipalities to review their aggregation plans every two years and resubmit it to the state for certification. The MOTION PASSED UNANIMOUSLY. The public hearing was scheduled for June 6th.

CITIZENS CONCERNS
There were no citizen’s comments.

SPECIAL REPORTS
Y.S. Community Health Project - Ann Filemyr
Filemyr, Interim Dean of Faculty at Antioch College and the Director of the Y.S. Community Health Project reviewed the report including survey results and recommendations. A copy of the report is available from the Council Clerk or the Project’s website http://fc.antioch.edu/~communityhealth_survey. She explained that since the Village does not have health commission, copies of the report were given to the Village’s Human Relations Commission and the Environmental Commission. Council thanked Filemyr for her presentation.

OLD BUSINESS
Memo from Rickenbach re: Cabooses. Rickenbach through a memo dated May 12 th to Council suggested that a task force be form to develop recommendations of suggested uses, locations and funding alternatives.

Swinger suggested that perhaps the cabooses could be moved in proximity of the Chamber of Commerce.

Council agreed with Rickenbach’s suggestion and added that he along with Interim Village Manager Hawkey develop a specific charge for the task force and suggested membership.

NEW BUSINESS
There were no items under New Business.

MANAGER’S REPORT
Hawkey reported that negotiations with the consultant for the engineering of the Northern Gateway Project were not completed. The Supplemental Appropriations will be ready for the June 6 th meeting. The Permissive Tax Street Project will be prepared after the passing of the Supplemental Appropriations.

Hawkey added that today he received a communication from the City of Xenia today regarding the treatment of the Village’s waste-sludge. If approved, Xenia would be able to accept the sludge from the Village’s wastewater treatment plant. Hawkey will inform Council of Xenia’s decision.

STANDING REPORTS
Arnett Village Mediation Program
Arnett Community Council
Hardman Environmental Commission (On file)
Hardman Human Relations Commission (On file)
Alexander Library Commission
Alexander Cable Advisory Panel
Alexander Reg. Planning & Coord. Comm. Greene Cty. (On file)
Pitstick Planning/Bike Comm./N. Gateway Commission (On file)
Rickenbach Miami Valley Regional Planning Commission (On file)

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 6, 2005 in Council Chambers, John Bryan Community Center, 100 Dayton Street.

Items for discussion at the June 6th meeting are:
Evan Scott-Dayton Development Coalition
2nd Reading & P.H: Customer Disconnect/Utility Resolution Board
2nd Reading & P.H: Natural Gas Aggregation
Resolution: Northern Gateway Project-Engineering
1st Reading of Ordinance Supplemental Appropriations
1st Reading of Ordinance re: Birch III
Glass Farm Storm Water Project

FUTURE AGENDA ITEMS
Appointment to the BZA (2)
RITA (June 20th)
Conservation Easement for Well Fields
Resolution re: Stutzman Landscaping Lease
Appointment to HRC (1)
Economic Revolving Loan Fund Quarterly Report
Approval of Tax Budget (June)
Permissive Tax/Street Paving Project
Parking Subcommittee Report
Pole Contract Agreements
Annexation Policy Review
Disposition of Cabooses

EXECUTIVE SESSION
Alexander MOVED and Swinger SECONDED a MOTION to ADJOURN into Executive Session for a discussion regarding Real Estate -Phillips-Brown Homes and an easement acquisition regarding the East Enon Rd. Project in accordance with Ohio Rev. Code Ann. #121.22(G)(2). The MOTION PASSED UNANIMOUSLY.

Swinger MOVED and Alexander SECONDED a MOTION to RETURN to the General Session. The MOTION PASSED UNANIMOUSLY.

ADJOURNMENT
Having no further business, Rickenbach MOVED and Swinger 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.